Walker v. State
| Docket Number: | 2008-CP-01987-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 03-30-2010 Opinion Author: Maxwell, J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Post-conviction relief - Jurisdiction - Section 47-5-803(2) - Revocation of parole - Section 47-7-27 - Sanctions Judge(s) Concurring: Lee and Myers, P.JJ., Griffis, Barnes, Ishee and Roberts, JJ. Non Participating Judge(s): Carlton, J. Concurs in Result Only: King, C.J., and Irving, J. Procedural History: PCR; Dismissal Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
|
| Trial Court: |
Date of Trial Judgment: 08-06-2008 Appealed from: MARION COUNTY CIRCUIT COURT Judge: R. I. Prichard, III Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED Case Number: 2008-0278-P |
|
| Consolidated: Consolidated with 2008-CP-01988-COA Demario Walker v. State of Mississippi; Marion Circuit Court; LC Case #: 2008-0279; Ruling Date: 08/01/2008; Ruling Judge: R. Prichard, III. | ||
| Note: | Due to a military leave of absence, Hon. Virginia C. Carlton did not participate in this hand down. | |
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | DEMARIO WALKER |
PRO SE |
||
| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: LAURA HOGAN TEDDER | ||
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. |
|
| Topic: | Post-conviction relief - Jurisdiction - Section 47-5-803(2) - Revocation of parole - Section 47-7-27 - Sanctions |
| Summary of the Facts: | Demario Walker pled guilty to attempting to utter a forgery. The court sentenced him to ten years. Walker was granted an early release on probation, and his remaining sentence was suspended. However, less than one month later, the circuit court found Walker had violated the terms of his probation and revoked Walker’s probationary release. Walker then filed two PCR motions both of which were denied. Both denials were affirmed on appeal. Walker later became eligible for parole and was released in early 2006. Less than six months later, his parole was revoked. But he was again released on parole in September 2007. Less than a month later, Walker pled guilty to two felony counts of uttering bad checks. The Mississippi Parole Board subsequently revoked Walker’s parole on the attempting-to-utter forgery crime based upon his recent guilty pleas to the two felony-bad-check counts. Walker submitted three pro se filings which were labeled “Motion for Post-Conviction Collateral Relief,” “Petition for an Order to Show Cause,” and “Petition to Clarify Sentence.” The circuit court treated the latter two filings as requests for post-conviction relief and dismissed them as successive writs. The circuit court also dismissed the filing Walker labeled a PCR motion. Walker appeals. |
| Summary of Opinion Analysis: | Issue 1: Jurisdiction A PCR motion is not a proper vehicle for all inmate grievances. Section 47-5-803(2) provides that no state court shall entertain an offender’s grievance or complaint which falls under the purview of the administrative-review procedure unless and until such offender shall have exhausted the remedies as provided in such procedure. Walker’s petitions to clarify and show cause should be handled initially under administrative review procedures rather than in the courts. Since there is no indication in the record that Walker exhausted his administrative remedies on these claims, the Court is without jurisdiction to consider them. Issue 2: Revocation of parole Walker argues his parole was unlawfully revoked because he was not given notice and a fair opportunity to present evidence at his parole-revocation hearing. Section 47-7-27 provides that an offender convicted of a felony while on parole, whether in the State of Mississippi or another state, shall immediately have his parole revoked upon presentment of a certified copy of the commitment order to the board. Here, the record shows the Mississippi Parole Board received a certified copy of Walker’s commitment order showing Walker pled guilty to two felony counts of uttering bad checks. Thus, upon receiving the certified copy of this order, the parole board had authority pursuant to section 47-7-27 to immediately revoke Walker’s parole on his earlier conviction of attempting to utter a forgery. Furthermore, the parole board sent Walker a letter, which provided notice of its decision to revoke his parole and afforded an opportunity to present evidence on his behalf. Issue 3: Sanctions The State requests that Walker be sanctioned for his repetitive, frivolous filings. Imposing sanctions is not appropriate at this time. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
