Kelton K. Hathorne, Sr. a/k/a Kelton K. Hathorne v. State of Mississippi

Summary

The Mississippi Supreme Court held that Hathorne's indictment was void because it charged possession of ethylone without connecting it to a substance listed on the statutory schedule, and therefore failed to charge a crime. The court further held that a substantive challenge to an indictment's failure to charge a crime cannot be waived under the post-conviction procedural-bar statute. It reversed the lower courts, granted post-conviction relief, reversed the conviction and sentence, and rendered judgment dismissing the indictment.