McBride v. Sparkman
| Docket Number: | 2002-CP-01931-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 11-18-2003 Opinion Author: Myers, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Due process - Double jeopardy - Evidentiary hearing Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Chandler and Griffis, JJ. Procedural History: Jury Trial Nature of the Case: Constitutional Rights |
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| Trial Court: |
Date of Trial Judgment: 10-30-2002 Appealed from: Sunflower County Circuit Court Judge: Betty W. Sanders Disposition: PETITION FOR WRIT OF HABEAS CORPUS OR IN THE ALTERNATIVE MOTION TO SHOW CAUSE DISMISSED WITH PREJUDICE District Attorney: Frank Carlton Case Number: 2002-0175-M |
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| Party Name: | Attorney Name: | |||
| Appellant: | Rodney McBride |
PRO SE |
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| Appellee: | Emmitt L. Sparkman | 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 - Due process - Double jeopardy - Evidentiary hearing |
| Summary of the Facts: | Rodney McBride petitioned for a writ of habeas corpus or in the alternative a motion to show cause, claiming that the Mississippi Department of Corrections was illegally detaining him over the one-year Intensive Supervision Program /House Arrest, failed to provide him with due process and equal protection of the law, and subjected him to double jeopardy. The court denied his petition, and McBride appeals. |
| Summary of Opinion Analysis: | Issue 1: Due process McBride argues that the MDOC denied him due process and equal protection by revoking his ISP status and imposing the twenty-year sentence without holding an evidentiary hearing. Inmates have no liberty interest in their classification and as such were not denied due process by not receiving an evidentiary hearing before being removed from ISP. Therefore, the MDOC had the authority to remove McBride from ISP and place him into general population without first conducting an evidentiary hearing. Issue 2: Double jeopardy McBride argues that the MDOC subjected him to double jeopardy by revoking his ISP status, sending him to the Issaquena County Correctional Facility and imposing the twenty-year sentence. The classification committee found McBride guilty of the rules violation and by court order and statute had the authority to place McBride in whatever facility it wished. In addition, double jeopardy protections do not apply to suspension revocation hearings. Issue 3: Evidentiary hearing McBride argues that the court erred by dismissing McBride’s motion without conducting an evidentiary hearing. Denying a habeas corpus petition without conducting an evidentiary hearing is proper where petitioner was unable to cite any disputed issues of fact requiring a hearing. Here, the possibility of the twenty-year sentence being suspended or altered in some way was dependent on McBride’s successful completion of one year in ISP. McBride did not do so and therefore he is serving the twenty-year sentence per the sentencing order. |
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