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Wilde v. Mississippi Parole Bd.

Court of Appeals of Mississippi

November 19, 2013

ARTHUR WILDE, APPELLANT,
v.
MISSISSIPPI PAROLE BOARD, APPELLEE

DATE OF JUDGMENT: 04/09/2012.

COURT FROM WHICH APPEALED: HINDS COUNTY CIRCUIT COURT. TRIAL JUDGE: HON. JEFF WEILL SR. TRIAL COURT MOTION FOR INJUNCTIVE RELIEF DISMISSED WITH PREJUDICE.

FOR APPELLANT: ARTHUR WILDE (Pro se).

FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: ANTHONY LOUIS SCHMIDT JR., JAMES M. NORRIS.

BEFORE GRIFFIS, P.J., ISHEE AND CARLTON, JJ. LEE, C.J., BARNES, ISHEE, ROBERTS, CARLTON, MAXWELL, FAIR AND JAMES, JJ., CONCUR. IRVING, P.J., CONCURS IN PART AND DISSENTS IN PART WITHOUT SEPARATE WRITTEN OPINION.

OPINION

NATURE OF THE CASE: CIVIL - OTHER

GRIFFIS, P.J.

¶1. In 1981, Arthur Wilde pled guilty to murder and two counts of aggravated assault. He was sentenced to life in prison for the murder conviction and fifteen years for the aggravated-assault convictions.

¶2. On February 25, 2011, Wilde filed a motion for injunctive relief in the Circuit Court of Hinds County. In the motion, Wilde alleged that the Mississippi Parole Board's denial of his parole was racially motivated and biased. Further, he claimed that the Parole Board discriminates against black inmates and gives them a longer set-off than white inmates convicted of similar crimes. On April 9, 2012, the circuit court dismissed Wilde's motion with prejudice. It is from this order that Wilde now appeals.

ARGUMENT

I. Whether Wilde has a constitutionally protected interest in parole.

¶3. Wilde argues that the Parole Board's decision to deny him parole was racially motivated and that he was not treated equally and fairly during his parole

Page 176

hearing, as he was discriminated against because of his race. He contends that similarly situated white inmates were treated differently. Wilde argues that the trial court had a duty to investigate his claims that the Parole Board's decision to deny him parole was racially motivated. In response, the State argues that the Parole Board has absolute discretion to determine who is granted ...


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