Neal v. State


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Docket Number: 2008-KA-01295-COA
Linked Case(s): 2008-KA-01295-COA

Court of Appeals: Opinion Link
Opinion Date: 11-10-2009
Opinion Author: ISHEE, J.
Holding: AFFIRMED

Additional Case Information: Topic: Capital murder - Ex post facto punishment - Section 99-19-107
Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, GRIFFIS, BARNES, ROBERTS, CARLTON AND MAXWELL, JJ.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 06-27-2008
Appealed from: Lamar County Circuit Court
Judge: R. I. Prichard, III
Disposition: CONVICTED OF CAPITAL MURDER AND SENTENCED TO LIFE IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS WITHOUT THE POSSIBILITY OF PAROLE, WITH THE SENTENCE TO RUN CONSECUTIVELY TO THE CURRENT LIFE SENTENCE THE DEFENDANT IS SERVING
District Attorney: Haldon J. Kittrell
Case Number: 5710

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: HOWARD MONTEVILLE NEAL




JAMES W. CRAIG, JUSTIN L. MATHENY



 
  • Appellant #1 Brief
  • Appellant #1 Reply Brief

  • Appellee: STATE OF MISSISSIPPI OFFICE OF ATTORNEY GENERAL BY: JOHN R. HENRY  

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    Topic: Capital murder - Ex post facto punishment - Section 99-19-107

    Summary of the Facts: Howard Neal was convicted and sentenced to death for capital murder. Neal sought permission from the Mississippi Supreme Court to petition the circuit court for removal of his death sentence. The supreme court granted his request, and remanded the case to determine whether or not Neal was mentally retarded. After multiple evaluations, psychology experts determined that Neal was, in fact, mentally retarded. The State filed its own motion asking the court to vacate Neal’s sentence of death and resentence him to life without parole. This motion was subsequently followed by Neal’s request to be resentenced to life with the possibility of parole. The circuit court entered an order vacating Neal’s death sentence and scheduled a resentencing hearing. Neal was sentenced to life without the possibility of parole. Neal appeals.

    Summary of Opinion Analysis: Neal argues that no statute in effect at the time of his conviction authorized a sentence of life without parole, and his sentence violates his constitutional right against ex post facto punishment. At the time Neal committed the crime in 1981, he was subject to section 99-19-107. The statute clearly states that no one whose death penalty is ruled unconstitutional may receive life with parole. Because Neal’s death penalty was found unconstitutional, the application of section 99-19-107 is appropriate. The circuit court correctly applied section 99-19-107 in resentencing Neal. The application of the statute in no way constitutes an ex post facto punishment.


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