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Joshua Demien Magee v. Mississippi

IFP petition · Supreme Court of Mississippi, No. 2019-M-00864 · judgment August 28, 2025


Certiorari denied · March 2, 2026

Questions presented

  1. Whether the Mississippi Supreme Court may ignore the ex post facto clause by applying new decision rendered in Howell v. State, 358 So. 3d 613, 615-16 (Miss. 2023) to change the procedural standards in effect at the time MaGee was convicted of such crime, was sentenced for crime, and when his direct appeal was affirmed by Mississippi Supreme Court, where new decision circumvents MaGee's ability to seek collateral relief from a sentence in which MaGee has no hope of ever fully completing under Mississippi law.

  2. Whether Joshua MaGee’s claims that the indictment was defective for failing to inform him that § 97-3-2 classifies his offenses as violent crimes and also whether claims that § 97-3-2’s omission from the indictment affected his sentences, resulted in equal-protection and due process violations. Miss. Code Ann. Sec. 97-3-2 (2014).

Counsel of record

For petitioner
Joshua Demien Magee

For respondent
Ashley Lauren Sulser
Office of the Mississippi Attorney General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 02 2026
    Petition DENIED.
  2. Feb 12 2026
    DISTRIBUTED for Conference of 2/27/2026.
  3. Feb 09 2026
    Waiver of right of respondent Mississippi to respond filed.
  4. Nov 21 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 12, 2026)