Full Opinion

Electronic Document Sep 30 2026 10:47:49 2025-DR-01074-SCT Pages: 2 Serial: 264207 IN THE SUPREME COURT OF MISSISSIPPI No. 2025-DR-01074-SCT DEVIN ALLEN BENNETT Petitioner v. STATE OF MISSISSIPPI Respondent EN BANC ORDER Before the Court, en banc, is the Motion to File Post-Conviction Relief Petition filed by counsel for Devin Allen Bennett. In response, the State filed its Motion to Dismiss Devin Bennett’s Successive Petition for Post-Conviction Relief, to which Bennett filed a response. On February 28, 2003, Devin Bennett was found guilty of capital murder for killing his two-month-old baby boy, and a Rankin County jury sentenced Bennett to death. Bennett v. State, 933 So. 2d 930, 938 (Miss. 2006). This Court affirmed Bennett’s conviction and sentence on appeal. Id. at 956. On August 8, 2008, the Court granted Bennett leave to seek post-conviction relief in the trial court, solely on his claim of ineffective assistance of counsel during the penalty phase of his trial. Bennett v. State, 990 So. 2d 155, 162 (Miss. 2008). Bennett was ultimately denied relief. Bennett v. State, 383 So. 3d 1184, 1186 (Miss. 2023). The instant motion for post- conviction relief is barred by time and as a successive petition. Miss. Code Ann. §§ 99-39-5(2)(b), -27(9) (Rev. 2020). Having considered Bennett’s claim of newly discovered evidence, an exception to the time bar and successive-writ bar, the Court finds that Bennett should be granted leave to proceed in the trial court on that claim as presented to this Court. The Court further finds that the State’s motion to dismiss the successive motion for post-conviction relief should be denied. IT IS THEREFORE ORDERED that the Motion to File Post-Conviction Relief Petition is granted insofar as Bennett is granted leave to file his motion in the trial court as it pertains to newly discovered evidence as presented to this Court. IT IS FURTHER ORDERED that the State’s Motion to Dismiss Devin Bennett’s Successive Petition for Post-Conviction Relief is denied. SO ORDERED. AGREE: ALL JUSTICES. 2