Peters v. State


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Docket Number: 2005-CP-00236-COA
Linked Case(s): 2005-CT-00236-SCT ; 2005-CP-00236-COA

Court of Appeals: Opinion Link
Opinion Date: 01-03-2006
Opinion Author: Irving, J.
Holding: AFFIRMED

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

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)



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL: JANE L. MAPP  

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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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