Bolar v. Bailey, et al.
| Docket Number: | 2002-CP-00838-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 03-18-2003 Opinion Author: Thomas, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Earned time - Section 47-5-139(3) - Appeal period - Section 47-5-807 Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 03-07-2002 Appealed from: Sunflower County Circuit Court Judge: Betty W. Sanders Disposition: PCR DENIED. District Attorney: Frank Carlton Case Number: 2002-0027-M(S)(S) |
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| Party Name: | Attorney Name: | |||
| Appellant: | Russell Erik Boler, a/k/a Russell Bolar |
PRO SE |
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| Appellee: | Barbara Bailey, Christopher Epps and Robert Johnson | OFFICE OF THE ATTORNEY GENERAL BY: JAMES M. NORRIS |
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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 - Earned time - Section 47-5-139(3) - Appeal period - Section 47-5-807 |
| Summary of the Facts: | Russell Boler was convicted in 1993 of armed robbery and sentenced to twenty years, with ten of those years being mandatory. Boler received a rules violation report for escape and as a result, lost all of his projected earned time. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Sentence Boler argues that since he was not eligible to accrue earned time while serving the mandatory portion of his sentence, he had no earned time to forfeit and therefore his sentence has been lengthened as he is not able to receive any earned time for the remaining ten years of his sentence, which he was originally eligible to receive. Section 47-5-139(3) provides that all earned time shall be forfeited by the inmate in the event of escape. The legislative intent was to forfeit all earned time available at any time under the conviction of the prisoner. Boler’s interpretation is not what the legislature meant by "earned time shall be forfeited" as stated in the statute. Issue 2: Appeal period Boler argues that the statute limiting his appeal period in which to file to thirty days does not apply to this action because he has not asked for damages and that the thirty day period to file should be overlooked due to excusable neglect. Section 47-5-807 grants to offenders the right to judicial review, so long as it is brought within thirty days of receipt of the agency's decision. The statute does not apply the time limit only to actions for damages. In addition, Boler failed to present any evidence that he made an attempt to meet the thirty day deadline. |
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