Council v. Miss. Dep't of Corrections
| Docket Number: | 2009-CP-01572-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 01-11-2011 Opinion Author: Irving, J. Holding: Reversed and remanded. |
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| Additional Case Information: |
Topic: Post-conviction relief - Revocation of post-release supervision Judge(s) Concurring: King, C.J., Lee, P.J., Myers, P.J., Griffis, Barnes, Ishee, Roberts and Maxwell, JJ. Concurs in Result Only: Carlton, J. Procedural History: PCR; Dismissal Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 07-20-2009 Appealed from: FORREST COUNTY CIRCUIT COURT Judge: Robert Helfrich Disposition: Motion for Post-Conviction Relief Dismissed Case Number: HC09-003 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Michael Council |
PRO SE |
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| Appellee: | Mississippi Department of Corrections | OFFICE OF THE ATTORNEY GENERAL: JANE L. MAPP, JAMES M. NORRIS | ||
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 - Revocation of post-release supervision |
| Summary of the Facts: | Michael Council was convicted of robbery and sentenced to fifteen years, eleven of which were suspended. After serving the remaining four years, Council was released from the MDOC on post-release supervision. Shortly thereafter, Council’s PRS was revoked. Council filed a motion for post-conviction relief which the court dismissed for lack of jurisdiction. Council appeals. |
| Summary of Opinion Analysis: | There was insufficient evidence to support the revocation of Council’s PRS. At the hearing, the State essentially offered only evidence that Council had been charged with delivering a controlled substance to a correctional facility, and Council admitted that he had been so charged. Council did not admit to committing the offense with which he had been charged, nor did he admit knowing that Jackson was a convicted felon. Council’s post-conviction motion should have been treated as a motion for post-conviction relief. As such, the motion was properly filed in the Forrest County Circuit Court. The circuit court erred in dismissing the motion on the ground that it was filed in the wrong county. The case is reversed and remanded for further proceedings as the State deems appropriate. |
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