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Stevenson v. Mississippi Parole Bd.

Court of Appeals of Mississippi

August 27, 2013

Arthur L. STEVENSON a/k/a Arthur Lee Stevenson, Appellant
v.
MISSISSIPPI PAROLE BOARD, Appellee.

Page 468

Arthur L. Stevenson, appellant, pro se.

Office of the Attorney General by John R. Henry, attorney for appellee.

Before IRVING, P.J., ROBERTS, CARLTON and JAMES, JJ.

ROBERTS, J.

¶ 1. Arthur L. Stevenson filed a motion for post-conviction relief (PCR) and claimed the Mississippi Parole Board (MPB) improperly revoked his parole. The Rankin County Circuit Court dismissed Stevenson's PCR motion because he filed it in the wrong circuit court, and he did not obtain the Mississippi Supreme Court's leave before he filed it. Stevenson claims the circuit court erred. Finding no error, we affirm.

FACTS AND PROCEDURAL HISTORY

¶ 2. While Stevenson was a trusty at the Warren County Jail, he killed a seventy-two-year-old jailer by stabbing him twenty-seven times. Stevenson v. State, 733 So.2d 177, 179 (¶ 4) (Miss.1998). A jury sitting before the Warren County Circuit Court found Stevenson guilty of capital murder. Id. at (¶¶ 1-2). The circuit court sentenced Stevenson to life in the custody of the Mississippi Department of Corrections (MDOC). Id. at (¶ 2). Stevenson filed a direct appeal, but the supreme court affirmed the Warren County Circuit Court's judgment. Id. at (¶ 3).

¶ 3. In April 2010, Stevenson applied " for interstate compact transfer" of his parole supervision to Florida. Documentation from the MDOC indicates that Stevenson was released on conditional parole during June 2010.[1] After being released, Stevenson moved to Pensacola, Florida, where he was supervised by the Florida Parole Commission (FPC).

¶ 4. In August 2011, Stevenson's live-in girlfriend called the Pensacola Police Department

Page 469

and reported an altercation between her and Stevenson. According to the responding officer's police report, Stevenson had been drinking, and he " snapped" when he thought that his girlfriend was going to leave him. The responding officer relayed Stevenson's girlfriend's statement that Stevenson had thrown a phone at her, pushed her onto a bed, and threatened her with a butcher's knife. Stevenson also told his girlfriend that he would " cut her head off and then cut his own head off" if she ever left him. Stevenson was transported to a hospital, and his girlfriend went to stay with her mother for the night.

¶ 5. Stevenson's Florida parole officer claimed that Stevenson had violated the terms of his parole. Stevenson later received notice that he would receive a preliminary hearing to determine whether he had violated the terms of his parole. Specifically, Stevenson was accused of violating the terms of his parole by drinking alcohol, threatening to harm his girlfriend, and possessing a knife. Stevenson was later transported to Mississippi for his parole-revocation hearing. In October 2011, the MPB conducted a parole-revocation hearing and subsequently revoked Stevenson's parole.

¶ 6. In January 2012, Stevenson filed a document styled as a " petition for a writ of habeas corpus and/or motion to show or produce evidence of violation." Although Stevenson's underlying conviction had been in the Warren County Circuit Court, Stevenson filed his petition in the Rankin County Circuit Court. Additionally, Stevenson did not obtain the supreme court's leave to file his petition.

¶ 7. In any event, Stevenson argued that there was insufficient evidence that he had violated the terms of his parole. Stevenson also claimed that his Florida parole officer did not have probable cause to arrest him. According to Stevenson, his Florida parole officer had manipulated Stevenson's girlfriend to file a false report. Stevenson attached an unsworn affidavit from his girlfriend. In the unsworn statement, Stevenson's girlfriend purportedly claimed that Stevenson had not threatened to cut off her head. She admitted that she told authorities that he had threatened to do so, but she claimed that she had fabricated that aspect of her report to encourage a faster response from authorities because she was afraid that Stevenson was going to harm himself. Stevenson's girlfriend also claimed that Stevenson's Florida parole officer had induced her to file a police report by characterizing Stevenson as an ...


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