Cotton, et al. v. Miss. Parole Bd., et al.


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Docket Number: 2002-CP-01128-SCT
Linked Case(s): 2002-CP-01128-SCT

Supreme Court: Opinion Link
Opinion Date: 11-20-2003
Opinion Author: McRae, P.J.
Holding: Affirmed

Additional Case Information: Topic: Denial of parole - Jurisdiction - Section 47-7-5(3)
Judge(s) Concurring: Smith, P.J., and Waller, J.
Non Participating Judge(s): Diaz and Easley, JJ.
Concur in Part, Concur in Result 1: Carlson, J., Concurs in Part and in Result Without Separate Written Opinion
Concurs in Result Only: Graves, J.
Procedural History: Dismissal
Nature of the Case: CIVIL - STATE BOARDS AND AGENCIES

Trial Court: Date of Trial Judgment: 06-10-2002
Appealed from: Sunflower County Circuit Court
Judge: Richard Smith
Disposition: Dismissed the Appellants' complaint.
Case Number: 2001-0544CI(S)(S)

Note: SMITH, P.J., AND WALLER, J., CONCUR. CARLSON, J., CONCURS IN PART AND IN RESULT WITHOUT SEPARATE WRITTEN OPINION. GRAVES, J., CONCURS IN RESULT ONLY. COBB, J., CONCURS IN PART AND IN RESULT WITH SEPARATE WRITTEN OPINION JOINED BY PITTMAN, C.J., AND CARLSON, J. DIAZ AND EASLEY, JJ., NOT PARTICIPATING.

  Party Name: Attorney Name:  
Appellant: Jarvious Cotton, Anthony Miller, Samuel Pitchford, Howard Jennings, Carl David Grubb, Plez Curry, William Rankin, Johnny Hemphill, Glenn Perry McWilliams and James Glascow




PRO SE



 

Appellee: Mississippi Parole Board, Donald B. Pope, Kareem West, Morris Scott, Marilyn Starks and Patricia Miller JANE L. MAPP JAMES M. NORRIS  

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Topic: Denial of parole - Jurisdiction - Section 47-7-5(3)

Summary of the Facts: Jarvious Cotton, Carl Grubb, William Rankin, Glenn McWilliams, Howard Jennings, Plez Curry, Johnny Hemphill, James Glascow, Samuel Pitchford, and Anthony Miller are all inmates in the Mississippi State Penitentiary. All were sentenced to life imprisonment with the possibility of parole, and some were sentenced to additional terms in prison for various other crimes to be served consecutively with their life terms. All of the plaintiffs, except Miller, have been considered for parole and been denied parole by the Mississippi state Parole Board. The plaintiffs filed a complaint alleging that each plaintiff had been denied equal protection and subjected to cruel and unusual punishment by the Parole Board's repeated denial of parole. Finding that the Parole Board has exclusive authority to grant or deny parole under section 47-7-5, the court dismissed the plaintiffs' complaint with prejudice.

Summary of Opinion Analysis: The plaintiffs argue that jurisdiction in the Circuit Court of Sunflower County is proper since they are presently domiciled in Sunflower County and that constitutional and abuse of discretion claims are proper in the circuit court of the plaintiffs' county of residence since the Parole Board is a state agency. A circuit court has no authority to judicially create a right of appeal from an administrative agency in the absence of clear statutory authority. Title 47, Chapter 7 does not contain a statutory mandate granting circuit courts jurisdiction over appeals concerning the denial of parole. Although a constitutional challenge can justify the assertion of jurisdiction, under the present circumstances the plaintiffs failed to state a claim sufficient for the circuit court to assert jurisdiction. Section 47-7-5(3) provides that the parole board shall have exclusive responsibility for the granting of parole. This control is independent of the circuit court's sentencing authority. Therefore, the plaintiffs' complaint was properly dismissed as a claim for which the circuit court had no jurisdiction.


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