Campbell v. State
| Docket Number: | 2006-CP-02090-COA Linked Case(s): 2006-CP-02090-SCT |
|
| Court of Appeals: |
Opinion Link Opinion Date: 02-26-2008 Opinion Author: KING, C.J. Holding: Dismissed |
|
| Additional Case Information: |
Topic: Post-conviction relief - Credit for time served - Release from custody Judge(s) Concurring: LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
|
| Trial Court: |
Date of Trial Judgment: 10-23-2006 Appealed from: Harrison County Circuit Court Judge: Roger T. Clark Disposition: DENIED PRO SE MOTION: AMENDED NUNC PRO TUNC Case Number: B2401-05-179 |
|
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | LEROY CAMPBELL |
LEROY CAMPBELL (PRO SE) |
||
| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS |
|
|
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: | Post-conviction relief - Credit for time served - Release from custody |
| Summary of the Facts: | Leroy Campbell pled guilty to embezzlement and was sentenced to serve two years, day-for-day. Campbell filed a motion titled “Nunc Pro Tunc” that claimed he was given the incorrect amount of credit for time served. The trial court denied the motion. Campbell then filed a motion titled “Amended Nunc Pro Tunc Motion” which the court also denied. Campbell appeals. |
| Summary of Opinion Analysis: | Campbell argues that MDOC wrongly denied him credit for time served while awaiting extradition from Louisiana. Computation of credit for time served is left to MDOC, and the proper redress is first through MDOC’s administrative system. In addition, Campbell was released from the custody of MDOC in 2007, having served his two-year sentence. Since Campbell has completed his sentence and is no longer in custody for this crime, the issue has become moot and this appeal is dismissed. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
