Charles Issac Fisher, Jr. a/k/a Charles I. Fisher, Jr. a/k/a Charles Fisher v. State of Mississippi
CourtCourt of Appeals of Mississippi
Date FiledOctober 27, 2026
Docket2025-CP-01174-COA
StatusPublished
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Full Opinion
IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI
NO. 2025-CP-01174-COA
CHARLES ISSAC FISHER, JR. A/K/A CHARLES APPELLANT
I. FISHER, JR. A/K/A CHARLES FISHER
v.
STATE OF MISSISSIPPI APPELLEE
DATE OF JUDGMENT: 08/27/2025
TRIAL JUDGE: HON. GRADY FRANKLIN TOLLISON III
COURT FROM WHICH APPEALED: CALHOUN COUNTY CIRCUIT COURT
ATTORNEY FOR APPELLANT: CHARLES ISSAC FISHER JR. (PRO SE)
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL
BY: ASHLEY LAUREN SULSER
NATURE OF THE CASE: CIVIL - POST-CONVICTION RELIEF
DISPOSITION: AFFIRMED - 10/27/2026
MOTION FOR REHEARING FILED:
BEFORE CARLTON, P.J., McDONALD AND LAWRENCE, JJ.
CARLTON, P.J., FOR THE COURT:
¶1. Charles Fisher appeals from the Calhoun County Circuit Court’s order denying his
motion for post-conviction collateral relief (PCR). Finding no error, we affirm the circuit
court’s order.
FACTS
¶2. In 2022, Fisher entered an Alford1 plea to three counts of kidnapping and three counts
of aggravated assault. The transcript of the plea colloquy shows that the circuit court advised
1
North Carolina v. Alford, 400 U.S. 25, 37-38 & n.10 (1970) (holding that a court
may accept a guilty plea even if the defendant maintains his innocence, provided there is a
factual basis for the plea, and the defendant voluntarily and intelligently concludes it is in
his best interest to plead guilty).
Fisher of the charges against him, his constitutional rights, and the consequences of entering
an Alford plea. Fisher responded that he understood. After determining that Fisher’s plea
was “freely, knowingly, and voluntarily” entered, the circuit court accepted the plea and
sentenced Fisher to consecutive terms totaling fifty-one years to serve in the custody of the
Mississippi Department of Corrections (MDOC).2
¶3. In May 2025, Fisher filed a PCR motion in the circuit court, asserting claims of a
defective indictment, ineffective assistance of counsel, due process violations, an involuntary
guilty plea, and newly discovered evidence. On August 27, 2025, the circuit court entered
an order denying Fisher’s PCR motion after finding that it “plainly appears from the face of
the motion and prior proceedings that [Fisher] is not entitled to any relief.”
¶4. Fisher now appeals the circuit court’s denial of his PCR motion.3 However, on
2
For his three kidnapping convictions, the circuit court sentenced Fisher to two
ten-year terms and one fifteen-year term, all to be served consecutively in the custody of the
MDOC. For his three aggravated assault convictions, the circuit court sentenced Fisher to
one twelve-year term and two eight-year terms, all to be served consecutively in the custody
of the MDOC. For the two eight-year aggravated assault sentences, the circuit court
suspended six years of each sentence, with only two years to serve on each sentence.
3
The record shows that Fisher filed his notice of appeal more than thirty days after
the date of entry of the circuit court’s August 27, 2025 order denying his PCR motion. See
M.R.A.P. 4(a) (“[T]he notice of appeal . . . shall be filed with the clerk of the trial court
within 30 days after the date of entry of the judgment or order appealed from.”); M.R.A.P.
2(a)(1) (“An appeal shall be dismissed if the notice of appeal was not timely filed pursuant
to Rules 4 or 5.”). The Mississippi Supreme Court Clerk entered a show-cause notice
requiring Fisher to show cause as to why the appeal should not be dismissed as untimely
filed. Fisher filed his response to the show-cause notice, and on November 4, 2025, this
Court entered an order stating that “[a]fter consideration, we find that Fisher’s appeal shall
be allowed to proceed.” See M.R.A.P. 2(c) (This Court may suspend the deadline to appeal
in post-conviction appeals “[i]n the interest of expediting decision, or for other good cause
shown . . . .”).
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appeal, Fisher abandons the claims he asserted in his PCR motion. Instead, he challenges the
sufficiency and the weight of the evidence against him.
STANDARD OF REVIEW
¶5. When reviewing “a circuit court’s dismissal or denial of a PCR motion, we decline
to reverse unless the circuit court’s decision is clearly erroneous. We review questions of law
de novo.” Farris v. State, 394 So. 3d 1028, 1030 (¶4) (Miss. Ct. App. 2024) (citations and
internal quotation marks omitted).
DISCUSSION
¶6. On appeal, Fisher abandons the issues he originally raised in his PCR motion and
instead raises new issues that he failed to bring before the circuit court. “Issues not raised
in [a] motion for post-conviction relief are procedurally barred on appeal.” Bland v. State,
312 So. 3d 417, 419 (¶11) (Miss. Ct. App. 2021). Additionally, “issues raised for the first
time on appeal are procedurally barred from review as they have not first been addressed by
the trial court.” Id. “A trial judge will not be found in error on a matter not presented to him
for decision.” Id.
¶7. In his appellate brief, Fisher argues that the State failed to present sufficient evidence
to establish the essential elements of kidnapping and aggravated assault and that the “verdict”
is against the overwhelming weight of the evidence.4 Even if Fisher’s sufficiency and weight
of the evidence claims were not procedurally barred due to his failure to raise them before
the circuit court, we find that Fisher still waived these claims due to his entry of a valid guilty
4
In his brief, Fisher references a jury and a trial; however, as stated, Fisher pleaded
guilty to the charges at issue.
3
plea. Grissom v. State, 66 So. 3d 1280, 1282 (¶6) (Miss. Ct. App. 2011) (“A valid guilty plea
waives the right to challenge the sufficiency of the State’s evidence.”).
¶8. After our review, we find that all of Fisher’s arguments on appeal are procedurally
barred. Fisher abandoned the issues he argued in his PCR motion and presented new issues
that were not brought before the circuit court. Additionally, we find that “the record reflects
[Fisher’s] initial satisfaction with his guilty plea.” Bland, 312 So. 3d at 420 (¶13). For these
reasons, we affirm the circuit court’s order denying Fisher’s PCR motion.
¶9. AFFIRMED.
BARNES, C.J., WILSON, P.J., WESTBROOKS, McDONALD, LAWRENCE,
McCARTY, EMFINGER, WEDDLE AND LASSITTER ST. PÉ, JJ., CONCUR.
4