Putnam v. Epps
| Docket Number: | 2006-CP-00595-COA Linked Case(s): 2006-CP-00595-COA ; 2006-CT-00595-SCT |
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| Court of Appeals: |
Opinion Date: 02-06-2007 Opinion Author: Irving, J. Holding: The judgment of the Circuit Court of Harrison County denying post-conviction relief is affirmed. |
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| Additional Case Information: |
Topic: Post-conviction relief - Jurisdiction over prisoner in another state - Section 99-39-5 Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 04-05-2006 Appealed from: Harrison County Circuit Court Judge: Jerry O. Terry, Sr. Disposition: The trial court denied Putnam's motion for post-conviction relief. Case Number: A2401-2005-23600239 |
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| Note: | This opinion has been withdrawn and superceded by a later opinion on 6/19/2007 on a motion for rehearing. See the substituted opinion at: http://www.mssc.state.ms.us/Images/Opinions/CO38863.pdf | |
| Party Name: | Attorney Name: | |||
| Appellant: | James Franklin Putnam |
JAMES FRANKLIN PUTNAM (PRO SE) |
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| Appellee: | Christopher B. Epps | 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 over prisoner in another state - Section 99-39-5 |
| Summary of the Facts: | James Putnam is currently serving a federal sentence in Kentucky. Putnam also has a Mississippi sentence, resulting from a guilty plea, that is running concurrently with the federal sentence. Therefore, Mississippi has a detainer on Putnam. Putnam filed a “Petition For Writ of Habeas Corpus,” challenging the Mississippi Department of Corrections’ computation of his time to serve. The court denied relief after finding that it lacked jurisdiction because Putnam is in federal custody. Putnam appeals. |
| Summary of Opinion Analysis: | Putnam’s writ for habeas corpus will be treated as a motion for post-conviction relief. Section 99-39-5(1) provides that any prisoner in custody under sentence of a court of record of the State of Mississippi can bring post-conviction proceedings. A prisoner held in another state who, but for that incarceration would be subject to imprisonment here, is in custody for purposes of section 99-39-5. Therefore, the court has jurisdiction to hear Putnam’s complaint. Nevertheless, Putnam is procedurally barred from proceeding with his post-conviction relief claim until he exhausts the administrative remedies available through the MDOC. |
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