McKenzie v. State
| Docket Number: | 2010-CP-00831-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 07-26-2011 Opinion Author: Maxwell, J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Post-conviction relief - Inmate grievances - Exhaustion of administrative remedies Judge(s) Concurring: Lee, C.J., Griffis, P.J., Myers, Barnes, Ishee, Roberts, Carlton and Russell, JJ. Concur in Part, Concur in Result 1: Irving, P.J. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 03-25-2010 Appealed from: Sunflower County Circuit Court Judge: Betty W. Sanders Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED Case Number: 2009-0034-M |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Augusta McKenzie |
PRO SE |
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| Appellee: | State of Mississippi | R. STEWART SMITH JR., 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 - Inmate grievances - Exhaustion of administrative remedies |
| Summary of the Facts: | Augusta McKenzie was convicted of armed robbery, conspiracy and sale of cocaine. His convictions were affirmed on appeal. He filed a “Motion for an Order for Time Served,” which the court dismissed as frivolous. McKenzie appeals. |
| Summary of Opinion Analysis: | In McKenzie’s motion, he alleges the Mississippi Department of Corrections has committed various errors, including that it improperly computed his earned time and denied his eligibility for parole. The proper vehicle for such inmate grievances is not a PCR motion, but instead a claim filed through the MDOC Administrative Remedies Program. Because the record contains no proof that McKenzie has exhausted his administrative remedies, the Court is without jurisdiction to consider his claims. McKenzie also seems to claim that his sentences violate the law. A PCR motion is the proper avenue for challenging the legality of a sentence. Where a PCR movant’s direct appeal has been affirmed, he must be granted leave from the supreme court before filing a PCR motion. The supreme court has not granted McKenzie leave to proceed in the trial court on his present motion, nor has McKenzie requested the supreme court’s permission. |
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