Stewart v. State
| Docket Number: | 2005-CP-01403-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 09-26-2006 Opinion Author: Barnes, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Discharge date - Successive petition - Time bar Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Ishee and Roberts, JJ. Concurs in Result Only: Southwick, J. Procedural History: PCR; Dismissal Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 04-30-2004 Appealed from: Coahoma County Circuit Court Judge: Larry O. Lewis Disposition: PETITION FOR POST-CONVICTION RELIEF DISMISSED Case Number: 14-CI-04-0056 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Marshaun Stewart |
MARSHAUN STEWART (PRO SE) |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: W. DANIEL HINCHCLIFF |
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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 - Discharge date - Successive petition - Time bar |
| Summary of the Facts: | Marshaun Stewart was convicted of two charges of rape and one charge of burglary and was sentenced to forty-five years. He filed a Petition for Writ of Habeas Corpus which the court treated as a motion for post-conviction relief and summarily dismissed. Stewart appeals. |
| Summary of Opinion Analysis: | Stewart argues that he should have been released on the earliest conditional discharge date as shown on the sentence computation date sheet. Section 47-5-138 provides for a conditional release date after the prisoner has served fifty percent of his sentence, but also provides that the earned time which would reduce the sentence can be forfeited. Stewart has forfeited much of his earned time by serious misconduct. Attached to Stewart’s petition is an order from the Sunflower County Circuit Court in which the court found that earned time had not been unlawfully taken from Stewart. As such, Stewart’s appeal from his motion before the Coahoma County Circuit Court is procedurally barred as a second and subsequent filing. In addition, his petition is time barred. With regard to the merits of his argument, the Mississippi Department of Corrections has correctly calculated Stewart’s sentence, including the loss of earned time. |
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