Loisel v. State
| Docket Number: | 2007-CP-01807-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 11-25-2008 Opinion Author: Ishee, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Waiver of right to preliminary hearing - Due process - Assignment of judge Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Roberts, and Carlton, JJ. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 09-16-2007 Appealed from: Harrison County Circuit Court Judge: Stephen Simpson Disposition: MOTION FOR POST-CONVICTION RELIEF - DENIED Case Number: A2401-2007-00140 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | EUGENE A. LOISEL, III |
EUGENE A. LOISEL III (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE | ||
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 - Waiver of right to preliminary hearing - Due process - Assignment of judge |
| Summary of the Facts: | Eugene Loisel III pled guilty to robbery and was sentenced to ten years, with eight years suspended, and three years of post-release supervision. After serving two years in the custody of the MDOC, Loisel was released and committed to the Department of Corrections Restitution-Correctional Center. Successful completion of his commitment to the Restitution-Correctional Center was a condition of his probation. After receiving two rule violation reports, the circuit court revoked Loisel’s probation. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Waiver of right to preliminary hearing Loisel argues that he was coerced into signing a waiver of his right to a preliminary revocation hearing under Rule 32.1 of the Federal Rules of Criminal Procedure. The Federal Rules of Criminal Procedure are federal rules. Even if Loisel had signed a federal waiver in relation to this case, it would have no bearing. In addition, the record does not show that Loisel ever signed such a waiver. Issue 2: Due process Loisel argues that during his revocation hearing, he was on medication for depression and anxiety. As a result, he claims that he felt “extremely uncomfortable” at the hearing and was denied due process. Nothing in the record indicates that the subject of Loisel’s medications or mental state was ever brought up during the initial revocation hearing in relation to that proceeding. His previous problems with depression and anxiety were noted by the circuit court. He was represented by counsel and given an opportunity to be heard, to present evidence, and to examine witnesses. Loisel also argues that he was denied due process by the circuit court’s failure to provide a written statement of the reasons why his probation was revoked. However, the record shows that the circuit court judge provided a written order in which he found that Loisel admitted at the revocation hearing to violating his probation, and it was this admission that served as the basis for the revocation. Issue 3: Assignment of judge Loisel argues that he was prejudiced because the original circuit court judge who was assigned to his post-conviction relief case recused herself, rescinded a previous order setting a date for the State to respond to his petition, and assigned another judge to his case. However, Loisel does not cite any authority to support his argument, nor does he offer any evidence to show how he was prejudiced. |
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