Peters v. State
Docket Number: | 2005-CP-00236-COA Linked Case(s): 2005-CT-00236-SCT ; 2005-CP-00236-COA |
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Court of Appeals: |
Opinion Link Opinion Date: 01-03-2006 Opinion Author: Irving, J. Holding: AFFIRMED |
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Additional Case Information: |
Topic: Post-conviction relief - Earned time allowance - Section 47-5-138 Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Chandler, Griffis, Barnes and Ishee, JJ. Procedural History: PCR Nature of the Case: CIVIL - STATE BOARDS AND AGENCIES |
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Trial Court: |
Date of Trial Judgment: 01-18-2005 Appealed from: Sunflower County Circuit Court Judge: Betty W. Sanders Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED Case Number: 2004-192-M |
Party Name: | Attorney Name: | |||
Appellant: | Henry J. Peters, Sr. |
HENRY J. PETERS, SR. (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. |
Topic: | Post-conviction relief - Earned time allowance - Section 47-5-138 |
Summary of the Facts: | Henry Peters filed a civil complaint against the Commissioner of the Mississippi Department of Corrections, alleging that Peters’ fifteen percent earned time allowance should not be spent on earned release supervision. The court dismissed the complaint, and Peters appeals. |
Summary of Opinion Analysis: | Pursuant to section 47-5-138(5), an inmate sentenced after June 30, 1995, is entitled to receive an earned time allowance of four and one-half days for each thirty days served up to fifteen percent of the inmate’s term of sentence if he has complied with the good conduct and performance requirements of the earned time allowance program. After serving at least eighty-five percent of his sentence in prison, an inmate who is released early shall be placed under earned-release supervision until the expiration of the term of sentence. If the earned release supervision is revoked, the inmate shall serve the remainder of the sentence and the time the inmate was on earned-release supervision, shall not be applied to and shall not reduce his sentence. Therefore, the court did not err in dismissing Peters’ claim, because Mississippi law clearly provides no relief to Peters. |
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