Adams v. Gibbs
| Docket Number: | 2007-CP-00623-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 07-22-2008 Opinion Author: CHANDLER, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Parole eligibility - Earned time allowance Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. 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: 03-01-2007 Appealed from: SUNFLOWER COUNTY CIRCUIT COURT Judge: Betty W. Sanders Disposition: CIRCUIT COURT FOUND THAT THE COMPUTATION OF ADAMS'S PAROLE AND DISCHARGE DATES BY THE MISSISSIPPI DEPARTMENT OF CORRECTIONS WAS CORRECT. Case Number: 2006-0049-M |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | JOHN HENRY ADAMS |
JOHN HENRY ADAMS (PRO SE) |
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| Appellee: | GLORIA GIBBS, DIRECTOR OF RECORDS | OFFICE OF THE ATTORNEY GENERAL BY: 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. |
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| Topic: | Parole eligibility - Earned time allowance |
| Summary of the Facts: | John Adams, an inmate incarcerated at the Mississippi State Penitentiary, filed a complaint seeking review of the Mississippi Department of Corrections' calculation of his parole eligibility date and his tentative discharge date. The court denied him any relief, and he appeals. |
| Summary of Opinion Analysis: | Adams argues that the court erred in determining that the earned-time allowance prescribed by section 47-5-138 cannot be used to reduce the mandatory time that an armed robber must serve under section 47-7-3(1)(d)(I) before being eligible for parole, because this finding contravened the law and the practice of the MDOC prior to the effective date of section 47-5- 139(1)(e). Adams has produced no authority supporting his contention that it was the practice of the MDOC to apply earned time to reduce an inmate's mandatory time for parole eligibility. The statutes applicable to Adams's sentences unambiguously foreclose his argument that by applying the earned-time allowance, he may achieve parole eligibility after serving only half of the mandatory time required for parole eligibility. |
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