Forkner v. Mississippi

In 2001, a jury convicted Winfred Forkner of burglary of a storehouse, for which he was sentenced as a habitual offender to life without the possibility of parole. Forkner filed three prior motions for post-conviction relief (“PCR”) with the Mississippi Supreme Court. His fourth motion, filed January 18, 2018, he argued his conviction and sentence were void and illegal because the indictment had not charged all of the essential elements of the crime of burglary of a storehouse. Specifically, Forkner alleged error concerning the second element of the crime: “in which any goods, merchandise, equipment or valuable thing shall be kept for use, sale, deposit, or transport.” He argued that the indictment did not allege that items were kept in the storehouse “for use, sale, deposit, or transport.” A panel of the Supreme Court granted Forkner's petition and found Forkner's indictment was indeed defective. The State sought an en banc rehearing of the panel’s order. Forkner opposed the State’s motion and filed a Motion to Remand Petitioner to the Wilkinson County Jail and a Petition for Immediate Release. After due consideration, the Supreme Court granted the State’s motion for rehearing, vacated the panel order and dismissed Forkner’s Application for Leave to Proceed in the Trial Court. Also, Forkner’s Motion to Remand Petitioner and his Petition for Immediate Release were denied. View "Forkner v. Mississippi" on Justia Law