Golden v. Epps
| Docket Number: | 2006-CP-00652-COA Linked Case(s): 2006-CT-00652-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 06-05-2007 Opinion Author: ISHEE, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Time bar - Forfeiture of eligibility for time credits Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, ROBERTS AND CARLTON, JJ. Concurs in Result Only: BARNES, J. Procedural History: PCR; Dismissal Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 03-07-2006 Appealed from: SUNFLOWER COUNTY CIRCUIT COURT Judge: Betty W. Sanders Disposition: GOLDEN’S CLAIMS AGAINST MISSISSIPPI DEPARTMENT OF CORRECTIONS DISMISSED WITH PREJUDICE. Case Number: 2005-0147-M |
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| Party Name: | Attorney Name: | |||
| Appellant: | FREDRICK GOLDEN |
FREDRICK GOLDEN (PRO SE) |
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| Appellee: | CHRISTOPHER 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 - Time bar - Forfeiture of eligibility for time credits |
| Summary of the Facts: | Fredrick Golden filed a motion for post-conviction relief asserting unlawful termination of his earned time credits. The court found that Golden forfeited his eligibility for earned time credits after he was convicted as an habitual offender for escape and dismissed his petition with prejudice. Golden appeals. |
| Summary of Opinion Analysis: | Golden argues that the Mississippi Department of Corrections took away his earned time allowance without following MDOC administrative procedures, thus depriving him of due process and equal protection of the law. The State argues that Golden’s appeal should be dismissed because it was not filed within the three-year limitations period for post-conviction relief. Golden had until August of 2000 to file his post-conviction relief petition. The record shows that his motion to show cause, which the court dismissed for failure to exhaust administrative procedures, was filed on November 18, 2005, more than five years beyond the limitations period. Furthermore, Golden filed his motion for post-conviction relief five years and four months past the limitations period. Therefore, Golden’s PCR motion is time-barred. In addition, because Golden was convicted of violating a state statutory provision rather than an internal MDOC rules violation, it was not required that he be given an MDOC disciplinary hearing and have his forfeiture approved by the MDOC commissioner. |
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