Marshall v. Ruth, et al.
| Docket Number: | 2003-CP-00084-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 08-24-2004 Opinion Author: King, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Violation of civil rights - Revocation of parole Judge(s) Concurring: Bridges, P.J., Lee, Irving, Myers, Chandler and Griffis, JJ. Non Participating Judge(s): Barnes, J. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - STATE BOARDS AND AGENCIES |
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| Trial Court: |
Date of Trial Judgment: 01-21-2003 Appealed from: Sunflower County Circuit Court Judge: Betty W. Sanders Disposition: COMPLAINT AGAINST PRESENT AND FORMER MEMBERS OF STATE PAROLE BOARD DISMISSED. Case Number: 2002-00323-CI |
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| Party Name: | Attorney Name: | |||
| Appellant: | Willie Marshall, Jr. |
PRO SE |
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| Appellee: | B. C. Ruth, et al. | 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: | Violation of civil rights - Revocation of parole |
| Summary of the Facts: | Willie Marshall, Jr. filed a civil complaint against B.C. Ruth (former chairman), Pete Pope - chairman, Robert Donley - parole officer, the Parole Board of Mississippi, the Mississippi Department of Corrections, and the State of Mississippi, alleging that the failure of the Parole Board to revoke his parole upon entry of his 1984 burglary pleas violated his civil rights. The court dismissed the complaint, and Marshall appeals. |
| Summary of Opinion Analysis: | Marshall argues that the Parole Board should have revoked his parole and ordered him incarcerated after he pled guilty to two counts of burglary in 1984, because he would not have then been free to commit yet another crime for which he received a thirty year sentence. The decision to revoke and re-incarcerate is within the discretion of the Board. Marshall offered no evidence to establish that the Board abused its discretion. In addition, an individual cannot take advantage of a sentence which benefits him, and subsequently attack the legality of the sentence, when it better serves his interest. |
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