Stanley v. Turner
| Docket Number: | 2001-CP-00060-COA Linked Case(s): 2001-CT-00060-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 01-21-2003 Opinion Author: McMillin, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Jurisdiction - Section 99-39-7 - Administrative proceeding - Section 47-5-803(2) - Time for appeal - Section 47-5-807 Judge(s) Concurring: King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers and Chandler, JJ. Non Participating Judge(s): Griffis, J. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 12-13-2000 Appealed from: Greene County Circuit Court Judge: Kathy King Jackson Disposition: PCR DENIED District Attorney: Keith Miller Case Number: 2000-09-111(2) |
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| Note: | The motion for rehearing is denied. The original opinion is withdrawn and this opinion is substituted therefor. | |
| Party Name: | Attorney Name: | |||
| Appellant: | Steven Stanley |
PRO SE |
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| Appellee: | David Turner | OFFICE OF THE ATTORNEY GENERAL BY: JANE L. MAPP |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Post-conviction relief - Jurisdiction - Section 99-39-7 - Administrative proceeding - Section 47-5-803(2) - Time for appeal - Section 47-5-807 |
| Summary of the Facts: | The motion for rehearing is denied, and this opinion is substituted for the original opinion. Steven Stanley filed a Petition for Writ of Habeas Corpus, complaining that he was being improperly held in confinement since his sentence for an armed robbery conviction obtained in Pearl River County had run out. The court denied relief, and Stanley appeals. |
| Summary of Opinion Analysis: | Pursuant to section 99-39-7, jurisdiction for a proceeding dealing with a claim that a prisoner is being wrongfully held after his term of confinement has expired lies in the circuit court where the conviction was obtained. Therefore, the Circuit Court of Greene County was correct in dismissing for lack of jurisdiction since the Circuit Court of Pearl River County had exclusive jurisdiction to consider Stanley’s original petition. The State argues that Stanley failed to affirmatively demonstrate that he initiated an administrative proceeding and pursued it to its administrative conclusion as the necessary prerequisite to judicial review under section 47-5-803(2). However, Stanley affirmatively asserts that he did pursue an administrative grievance prior to filing his habeas corpus proceeding. If true, his right to appeal must be asserted within thirty days after receipt of the agency’s final decision pursuant to section 47-5-807. Stanley’s original petition was filed well past the allowable thirty day period. Therefore, there was a valid reason to dismiss on jurisdictional grounds. |
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