Pickle v. Miss. State Parole Bd.
| Docket Number: | 2002-CP-00839-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 07-15-2003 Opinion Author: McMillin, C.J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Parole eligibility - Section 47-7-5(7) Judge(s) Concurring: King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - STATE BOARDS AND AGENCIES |
|
| Trial Court: |
Date of Trial Judgment: 04-30-2002 Appealed from: SUNFLOWER COUNTY CIRCUIT COURT Judge: Richard Smith Disposition: MOTION FOR WRIT OF MANDAMUS DENIED. Case Number: 2002-0025-M |
|
| Party Name: | Attorney Name: | |||
| Appellant: | C. D. Pickle, Jr. |
C. D. PICKLE, JR. (PRO SE) |
||
| Appellee: | Mississippi State Parole Board | JAMES M. NORRIS JANE L. MAPP |
|
|
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. |
|
| Topic: | Parole eligibility - Section 47-7-5(7) |
| Summary of the Facts: | C. D. Pickle, Jr. appeals from a circuit court order denying his petition for writ of mandamus to compel the Mississippi State Parole Board to conduct annual reviews of his eligibility for parole. |
| Summary of Opinion Analysis: | Pickle argues that the Board’s decision that there would be no further review of Pickle’s eligibility for parole would be undertaken for a period of five years violates section 47-7-5(7) which he says requires that every potentially eligible inmate receive reconsideration for parole on an annual basis. A plain reading of the passage in question indicates that the Legislature intended to mandate a one-time review in the year 2000 of all inmates then falling within the class of offenders defined in the subsection. Had the Legislature intended to institute an on-going requirement, it would have said so in clear terms. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
