Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Stafford

Court of Appeals of Mississippi

February 13, 2018

STATE OF MISSISSIPPI APPELLANT
v.
ROY STAFFORD A/K/A ROY "BUD" STAFFORD APPELLEE

          DATE OF JUDGMENT: 07/29/2016

         SUNFLOWER COUNTY CIRCUIT COURT, HON. CAROL L. WHITE-RICHARD.

          ATTORNEY FOR APPELLANT: ANTHONY L. SCHMIDT JR.

          ATTORNEY FOR APPELLEE: ROY STAFFORD (PRO SE)

          BEFORE GRIFFIS, P.J., BARNES AND FAIR, JJ.

          GRIFFIS, P.J.

         ¶1. The Mississippi Department of Corrections (MDOC) appeals the judgment of the circuit court, which found that the MDOC violated an inmate's due-process rights when it failed to give timely notice of a disciplinary hearing. Upon review, we find the MDOC's actions were not arbitrary or capricious and did not violate the inmate's constitutional or statutory due-process rights. We therefore reverse and render.

         FACTS AND PROCEDURAL HISTORY

         ¶2. Roy Stafford is an inmate in the custody of the MDOC. In 1988, Stafford was convicted of murder and aggravated assault and sentenced to life and ten years, respectively. He is currently housed at Parchman.

         ¶3. On September 23, 2015, rule violation report (RVR) No. 01293491 was issued against Stafford. The RVR alleged that Stafford made a threatening statement to another inmate.[1]On September 28, 2015, Stafford received notice that a disciplinary hearing would be held September 29, 2015. However, due to "case overload, " Stafford's disciplinary hearing was not held until November 21, 2015. No further notice of the hearing was provided to Stafford.

         ¶4. At the disciplinary hearing, Stafford admitted the allegation and rule violation and was found guilty by the hearing officer. Stafford received a thirty-day loss of visitation, phone, and canteen privileges.

         ¶5. Stafford appealed the hearing officer's decision through the MDOC's administrative- remedy program. Stafford claimed a violation of due process as a result of the MDOC's failure to provide him at least twenty-four hours' notice of the November disciplinary hearing. The MDOC found Stafford received proper notice and denied his appeal.

         ¶6. Stafford subsequently filed a petition for judicial review in the Circuit Court of Sunflower County pursuant to Mississippi Code Annotated section 47-5-807 (Rev. 2015). In his petition, Stafford claimed the MDOC violated its disciplinary procedures by failing to provide him timely notice of the hearing, and thereby denied him due process. Stafford asked the circuit court to: (1) order the MDOC to expunge the RVR from his record, (2) issue a declaratory judgment finding certain MDOC officials individually liable because they acted outside of their job descriptions, (3) order the MDOC to pay all filing fees and court costs, and (4) order the MDOC not to retaliate against him.

         ¶7. By order entered July 29, 2016, the circuit court found Stafford's requests for a declaratory judgment and payment of court costs and fees were meritless and noted that prison officials by law cannot retaliate ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.