Henley v. Epps, et al.
| Docket Number: | 2006-CP-00808-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 06-12-2007 Opinion Author: GRIFFIS, J. Holding: Reversed and Remanded |
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| Additional Case Information: |
Topic: Parole eligibility - Failure to exhaust administrative remedies - Section 47-5-803(2) Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: PCR; Dismissal Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 04-17-2006 Appealed from: SUNFLOWER COUNTY CIRCUIT COURT Judge: W. Ashley Hines Disposition: PETITION TO SHOW CAUSE, OR IN THE ALTERNATIVE PETITION FOR WRIT OF HABEAS CORPUS IS DENIED AND DISMISSED. Case Number: 2006-0028-M |
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| Party Name: | Attorney Name: | |||
| Appellant: | WALTER HENLEY |
WALTER HENLEY (PRO SE) |
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| Appellee: | CHRISTOPHER EPPS AND CLARK KENT | JAMES M. NORRIS 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: | Parole eligibility - Failure to exhaust administrative remedies - Section 47-5-803(2) |
| Summary of the Facts: | Walter Henley filed a petition for an order to show cause or, in the alternative, petition for a writ of habeas corpus, alleging that the Mississippi Department of Corrections unlawfully denied Henley a parole eligibility date. His petition was denied for failure to exhaust administrative remedies. He appeals. |
| Summary of Opinion Analysis: | Henley argues that it was error for the court to conclude that his failure to exhaust administrative remedies required the dismissal of his petition but that the court should have stayed the proceedings for up to ninety days to allow him to complete the exhaustion of his administrative remedies. Pursuant to section 47-5-803(2), Henley’s petition should have been stayed. The statute does not allow any state court, trial or appellate, to entertain a complaint from a prisoner until he has exhausted the administrative remedies available. Therefore, the case is reversed and remanded. |
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