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LEONARD ROOSEVELT BAILEY v. STATE OF MISSISSIPPI

JANUARY 30, 1985

LEONARD ROOSEVELT BAILEY
v.
STATE OF MISSISSIPPI



BEFORE PATTERSON, C.J., SULLIVAN and ANDERSON, JJ., AND SUGG, RETIRED SUPREME COURT JUSTICE *fn1:

SULLIVAN, JUSTICE, FOR THE COURT:

I.

Leonard Roosevelt Bailey was convicted in the Circuit Court of Harrison County, Mississippi, of burglary of a dwelling and was sentenced as an habitual offender to ten years imprisonment without parole. On appeal, he contends that he was deprived of his right to a speedy trial. We reverse on this issue, and thus we do not reach Bailey's contention regarding deprival of assistance of counsel and allegedly improper remarks by the prosecutor.

 On April 10, 1981, Bailey was on parole from a controlled substance conviction. About 9:30 that evening, David Gammel drove up to his home in Gulfport to discover a burglary in progress. He chased an automobile from the scene, which was later identified as Bailey's, and he testified that he saw Bailey in his headlights for about five or ten seconds during that chase. Gulfport police detective Ford found Bailey's automobile abandoned on a street corner in Gulfport. As Ford prepared to have the vehicle towed to the police station, a pickup truck with three men drove up, and Bailey got out. Ford placed Bailey under arrest.

 Bailey's parole was revoked as a result of this arrest on burglary charges, and he was returned to Parchman in April of 1981 to serve out the remainder of his sentence for the controlled substance conviction.

 He appealed to the Parole Board at Parchman and was informed that until the detainer warrant lodged against him by the Sheriff of Harrison County was removed, he would not be eligible for parole. On July 24, 1981, Bailey mailed to the sheriff and the district attorney of Harrison County a document styled" Demand to be returned for trial/motion to dismiss/demand for trial/motion for appointment of counsel. "This document was prepared by the prison law library staff and contained an affidavit reciting the adverse conditions imposed on prisoners by detainers.

 This statement reads:

 EFFECTS OF DETAINER: The detainer interferes with Affiant's opportunities to participate in such programs as might decrease the length of his present term of confinement, or render the serving of it more bearable in that

 (a) Mississippi Department of corrections inmates who have detainers lodged against them have reduced chances of being elevated to trusty status, and thus may lose opportunities to earn additional good-time or earned-time sentence reductions;

 (b) Such inmates may not participate in the work-release program;

 Furthermore, if affiant is held without trial on said detainer until his current sentence is completed, he will lose forever the chance that a sentence arising out of the detainer charge can be made to run concurrently with his present sentence.

 The detainer, being unresolved, is a source of great anxiety to your affiant, causing him unrest and inability to plan for his future.

 This document was filed with the Circuit Court of Harrison County on July 31, 1981, and was placed in Bailey's controlled substance conviction file. Almost three months later, on September 24, 1981, the Harrison County Grand Jury indicted Bailey for burglary and as an habitual criminal. Detective Ford, the case officer, knew from having testified at the parole revocation hearing that Bailey had been returned to Parchman, yet no effort was made to serve Bailey with an arrest warrant or a copy of the indictment

 at Parchman.

 On February 26, 1982, Bailey was released from Parchman and returned to Gulfport. He was arrested on March 29, 1982, and charged with the April, 1981, burglary. At arraignment on April 7, 1982, ...


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