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Randle v. State

Court of Appeals of Mississippi

September 26, 2017

MONROE RANDLE A/K/A MONRO RANDLE APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 08/02/2016

         CLAY COUNTY CIRCUIT COURT HON. JAMES T. KITCHENS JR. TRIAL JUDGE

          ATTORNEY FOR APPELLANT: MONROE RANDLE (PRO SE)

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: KAYLYN HAVRILLA MCCLINTON

          BEFORE GRIFFIS, P.J., WILSON AND WESTBROOKS, JJ.

          WESTBROOKS, J.

         ¶1. Monroe Randle appeals the denial of his petition for postconviction relief (PCR) in the Circuit Court of Clay County. In a prior appeal, this Court found that the circuit court had erroneously ruled that it lacked jurisdiction to determine whether the Mississippi Parole Board's decision was correct. Randle v. State, 210 So.3d 1022, 1023 (¶6) (Miss. Ct. App. 2015). We remanded Randle's cause to the circuit court for an evidentiary hearing. Id. Following the hearing, the circuit court denied Randle's PCR petition, finding that the parole board had reasonable cause to revoke Randle's parole. Finding no error, we affirm.

         FACTS AND PROCEDURAL HISTORY

         ¶2. In January 1980, Randle pled guilty to capital murder and was sentenced to life in prison. Randle was paroled on February 24, 2010, and was allowed to reside in Ohio via an interstate compact, as codified in Mississippi Code Annotated section 47-7-81 (Rev. 2015). On May 18, 2012, Randle was arrested in Ohio and charged with: (1) threatening serious bodily harm to his half-brother and his half-brother's girlfriend, and (2) possession of a gun.

         ¶3. Randle's half-brother, Danny Woods, and Woods's girlfriend, Robin Graham, gave written statements to Randle's Ohio parole officer. Woods and Graham claimed that Randle had been stalking Graham, making sexual advances, calling her cell phone, and leaving threatening voicemail messages. Graham played the voicemail messages for the parole officer. Randle reported to his parole officer and admitted calling Graham and leaving threatening messages on her phone. Randle was then arrested for violating his parole. Randle signed a document entitled "notification of release violation hearing."

         ¶4. That document reiterated Randle's right to testify, present witnesses or evidence, confront and cross-examine witnesses, and additional rights. The notification also apprised Randle of the accusations against him, and Randle admitted to each charge with mitigation. He also signed a "waiver of probable cause hearing/for interstate compact offenders only." That waiver relinquished Randle's right to a preliminary hearing. By signing the waiver, Randle also admitted to committing the alleged violations and that probable cause was found.

         ¶5. Randle returned to Mississippi and went before the parole board for a revocation hearing. Following the hearing, the parole board revoked Randle's parole based on his arrest for simple assault and firearm possession. Aggrieved with the revocation of his parole, Randle filed a number of motions challenging the validity of the parole board's decision.

         ¶6. Randle filed a PCR petition in the circuit court, but the court erroneously ruled it did not have jurisdiction to review the parole board's decision. That ruling was appealed to this Court, and we remanded Randle's cause back to the circuit court for an evidentiary hearing. Randle, 210 So.3d at 1023 (¶6). At the evidentiary hearing, parole-board attorneys for the Mississippi Department of Corrections (MDOC) presented Woods's and Graham's statements, Randle's Ohio-arrest information, an email stating that Randle waived his probable-cause hearing and admitted guilt, Randle's signed notification of release-violation hearing, his signed waiver of probable-cause hearing, and the preliminary-revocation-hearing report.

         ¶7. MDOC also presented the testimony of Robert Wentworth, a hearing officer with the parole board. Wentworth stated that if a parolee on an interstate compact is arrested, the State of Mississippi must first determine whether the arresting state would revoke the offender's parole. If the arresting state would revoke the offender's parole, the State ...


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