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Opinion Link Opinion Date: 06-19-2007 Opinion Author: IRVING, J. Holding: The previous opinion of the Court is withdrawn and this opinion is substituted. The motion for rehearing is denied. The judgment of the Circuit Court of Harrison County denying post-conviction relief is reversed and remanded for proceedings consistent with this opinion. |
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| Additional Case Information: |
Topic: Post-conviction relief - Jurisdiction - Exhaustion of administrative remedies Judge(s) Concurring: LEE AND MYERS, P.JJ., CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Non Participating Judge(s): KING, C.J. 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: PETITION FOR WRIT OF HABEAS CORPUS DENIED Case Number: A2401-2005-23600239 |
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| 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 - Exhaustion of administrative remedies |
| Summary of the Facts: | The motion for rehearing is denied, and this opinion is substituted for the original opinion. 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 circuit court denied relief on the basis that it lacked jurisdiction. Putnam appeals. |
| Summary of Opinion Analysis: | Putnam’s writ for habeas corpus is treated as a motion for post-conviction relief. 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 circuit court has jurisdiction to hear Putnam’s complaint. However, Putnam is procedurally barred from proceeding with his post-conviction relief claim until he exhausts the administrative remedies available through the MDOC. Therefore, the case is reversed and remanded to the trial court for a stay of proceedings for not more than ninety days to allow Putnam to exhaust his administrative remedies. |
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