Hearron v. MDOC
| Docket Number: | 2008-CP-01683-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 11-24-2009 Opinion Author: ISHEE, J. Holding: AFFIRMED |
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| Additional Case Information: |
Topic: Post-conviction relief - Time bar Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, GRIFFIS, BARNES, ROBERTS, CARLTON AND MAXWELL, JJ. Procedural History: PCR; Dismissal Nature of the Case: CIVIL - OTHER |
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| Trial Court: |
Date of Trial Judgment: 09-30-2008 Appealed from: LEFLORE COUNTY CIRCUIT COURT Judge: Betty W. Sanders Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED Case Number: 2008-0079-CICI |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | KHRISTOFFER MANDELL HEARRON |
KHRISTOFFER MANDELL HEARRON
(PRO SE) |
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| Appellee: | MISSISSIPPI DEPARTMENT OF CORRECTIONS | OFFICE OF THE ATTORNEY GENERAL: 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: | Post-conviction relief - Time bar |
| Summary of the Facts: | In 1990, Khristoffer Hearron was convicted of possession of cocaine and sentenced to serve three years and placed in the Regimented Inmate Discipline Program. After completing the RID program, the remainder of Hearron’s sentence was suspended and he was placed on five years’ probation. Hearron’s probation was subsequently revoked, and he was returned to the custody of the MDOC to complete the remainder of the three-year sentence previously imposed. In 1992, Hearron completed his sentence and was released from the MDOC’s custody. Hearron is currently serving a thirty-year sentence as a habitual offender for possession of cocaine with intent to distribute. He began serving this sentence, his third drug charge, in 1995. In 2008, Hearron filed a motion for judicial review seeking monetary damages from the MDOC for his 1990 incarceration. Finding that the motion was time-barred, both civilly for money and as a post-conviction petition, the trial court dismissed the matter with prejudice. Hearron appeals. |
| Summary of Opinion Analysis: | Hearron argues that his motion should not have been dismissed as time-barred since he sought judicial review pursuant to section 47-5-807 within thirty days of receiving a final adverse decision of a grievance filed with the MDOC’s Administrative Remedy Program. Because the MDOC accepted his grievance, Hearron argues that the MDOC waived the right to assert his claim as time-barred. Hearron is seeking monetary damages and a ruling that because he was held too long on the 1990 conviction, the conviction is illegal. Hearron filed this complaint in 2008 – about seventeen years after the alleged harm occurred. The statute of limitations for post-conviction relief is three years. Thus, Hearron is time-barred from seeking relief on this action. Hearron also argues that his 1990 conviction should not have been used to enhance his current sentence. This argument is also time-barred by the three-year statute of limitations. Also, Hearron has presented no authority to support his argument that if an offender is held past his release date, that conviction becomes illegal and cannot be used for enhancement purposes in later proceedings. |
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