Brown v. Miss. Dep't of Corrections
| Docket Number: | 2003-CP-02404-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 12-14-2004 Opinion Author: King, C.J. |
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| Additional Case Information: |
Topic: Revocation of suspension - Due process - Double jeopardy Judge(s) Concurring: Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - STATE BOARDS AND AGENCIES |
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| Trial Court: |
Date of Trial Judgment: 04-17-2003 Appealed from: Sunflower County Circuit Court Judge: Betty W. Sanders Disposition: PETITION FOR WRIT OF HABEAS CORPUS WAS DISMISSED WITH PREJUDICE. Case Number: 2003-0145-CI |
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| Party Name: | Attorney Name: | |||
| Appellant: | Hosa Brown |
PRO SE |
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| Appellee: | Mississippi Department of Corrections | OFFICE OF THE ATTORNEY GENERAL BY: JAMES M. NORRIS |
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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: | Revocation of suspension - Due process - Double jeopardy |
| Summary of the Facts: | Hosa Brown pled guilty to possession of cocaine. He was sentenced to ten years to be served, one year of house arrest under the intensive supervision program, four years supervised probation, and five years suspended. When Brown was arrested for driving while intoxicated, the judge ordered Brown's termination from the ISP, and allowed the MDOC to place Brown in whatever facility it deemed appropriate to complete his sentence. The MDOC Disciplinary Committee changed his classification from a house arrest detainee to a detainee in the general prison population. Brown filed the appropriate grievances with the Administrative Remedy Program, which were denied. Brown filed a petition for writ of habeas corpus or in the alternative, for an order to show cause, in circuit court. The court dismissed the case with prejudice, and Brown appeals. |
| Summary of Opinion Analysis: | Issue 1: Due process Brown argues that his due process and equal protection rights were violated when he was not given a hearing before the classification committee caused him to be placed among the general prison population to serve his ten year sentence. When Brown was taken off house arrest and placed in MDOC’s custody, he merely experienced a change in his housing assignment and classification, which does not require a hearing since it does not involve a liberty interest. Issue 2: Double jeopardy Brown argues that he was unconstitutionally subjected to double jeopardy when he was taken off house arrest and sent to jail to serve the remainder of his one year and also had his entire ten year sentence imposed. Brown’s removal from the ISP and reclassification into the general prison population, as well as the imposition of his original sentence were administrative, not criminal proceedings. Administrative proceedings do not invoke the double jeopardy clause. Brown, in his reply brief, argues that MDOC is in error by not crediting his nine months served under house arrest towards his ten year sentence. Nothing in the record indicates that Brown will not or did not receive credit for the nine months. Brown is entitled to receive credit for the time spent in the intensive supervision program. |
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