Mack v. State
| Docket Number: | 2005-CP-01138-COA Linked Case(s): 2005-CT-01138-SCT ; 2005-CP-01138-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 06-20-2006 Opinion Author: Irving, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Jurisdiction - Authority of parole board - Discrimination Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Southwick, Chandler, Griffis, Barnes, Ishee and Roberts, JJ. Procedural History: PCR; Dismissal Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 06-06-2005 Appealed from: Jefferson County Circuit Court Judge: Lamar Pickard Disposition: COMPLAINT DISMISSED FOR LACK OF JURISDICTION. Case Number: 2005-54 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Jerry Lee Mack a/k/a Jerry Mack |
JERRY LEE MACK (PRO SE) |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JANE L. MAPP |
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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 - Jurisdiction - Authority of parole board - Discrimination |
| Summary of the Facts: | Jerry Mack is currently serving a life term for convictions for murder, aggravated assault, and cocaine possession. After being denied parole, Mack filed a petition in the Jefferson County Circuit Court against the State of Mississippi for relief from the decision of the Mississippi Parole Board. The court denied relief upon a finding that it did not have jurisdiction over the matter. Mack appeals. |
| Summary of Opinion Analysis: | Issue 1: Jurisdiction Mack argues that the circuit court had jurisdiction because Mack’s constitutional rights have been violated and he is housed in Jefferson County. The petition in the present case was filed only against the State of Mississippi, and not against the Department of Corrections or the Parole Board. The lower court should have dismissed the case because of Mack’s failure to include the Parole Board as a party to the complaint, which is in the nature of a civil suit and not a petition for post-conviction relief. On appeal, the court will affirm a decision of the circuit court where the right result is reached even though the court may disagree with the reason for that result. In addition, the complaint fails to allege a constitutional violation sufficient to create jurisdiction in the circuit court. Issue 2: Authority of parole board Mack argues that the Parole Board went beyond its discretionary boundaries when it denied his application for parole. However, the Parole Board’s discretion is absolute. The Parole Board’s determination was based on factors that find their basis in the statute granting the Parole Board control over which inmates are eligible for parole. Issue 3: Discrimination Mack argues that the Parole Board discriminated against him because it based its decision upon whether the victim of the crime is a prominent citizen or a poor citizen. In the absence of any evidence showing that the Parole Board improperly took into account Mack’s race or his victim’s status, no error occurred. |
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