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.

Forside v. State

United States District Court, N.D. Mississippi, Greenville Division

March 26, 2018

JAMES LESTER FORSIDE PETITIONER
v.
STATE OF MISSISSIPPI, et al. RESPONDENTS

          MEMORANDUM OPINION

          DEBRA M. BROWN, UNITED STATES DISTRICT JUDGE

         This pro se prisoner case is before the Court on the motion to dismiss filed by the State of Mississippi, Marshall Fisher, and Christy Gutherz. Doc. #12.

         I

         Procedural History

         On or about November 8, 2016, James Lester Forside filed in the United States District Court for the Northern District of Mississippi a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging the amount of “trusty” time he was credited while at the Mississippi State Penitentiary (“MSP”). Doc. #1. On August 9, 2017, the State of Mississippi, Marshall Fisher, and Christy Gutherz (collectively, “Respondents”) moved to dismiss the petition for failure to state a claim or, alternatively, failure to exhaust administrative remedies. Doc. #12. On or about August 14, 2017, Forside responded.[1] Doc. #13. Respondents did not reply.

         II

         Background

         Forside has filed numerous motions in several different courts, all of which relate to his April 28, 2015, guilty plea in the Circuit Court of Oktibbeha County, Mississippi, for burglary of a building in violation of Miss. Code Ann. § 97-17-33. Doc. #12-4 at 6-8; see, e.g., Docs. #12-9, #12-10, #12-12, #12-16. Following his guilty plea, Forside was sentenced as a habitual offender and ordered to serve a term of seven years in the Mississippi Department of Corrections (“MDOC”). Id. at 7.

         Of relevance here, on or about November 7, 2016, Forside filed a petition for a writ of habeas corpus in the Northern District of Mississippi challenging his April 28, 2015, conviction and sentence as a habitual offender. See Forside v. Mississippi, No. 1:16-cv-202 (N.D. Miss.) (“Forside I”), at Doc. #1. On June 7, 2017, United States District Judge Sharion Aycock dismissed the petition without prejudice for failure to exhaust state remedies. Id. at Doc. #20. As part of the failure to exhaust analysis, Judge Aycock considered that (1) Forside first filed a motion for post-conviction collateral relief (“PCR”) in the Oktibbeha County Circuit Court, which was dismissed on August 7, 2015;[2] (2) rather than appealing the dismissal to the Mississippi Supreme Court, Forside filed a successive PCR motion in the Oktibbeha County Circuit Court, which was dismissed on the merits on November 9, 2015;[3] and (3) rather than appealing the dismissal of his second PCR motion to the Mississippi Supreme Court, Forside filed two more PCR motions in the Oktibbeha County Circuit Court.[4] Id. at Doc. #21.

         In addition to seeking relief in this Court, Forside has pursued three actions in the Mississippi Supreme Court. First, in No. 2015-M-01664, he filed a petition for writ of mandamus seeking an order requiring the trial court to rule on his motion to withdraw his guilty plea. The Mississippi Supreme Court denied the petition as premature.[5]

         Second, in No. 2017-M-974, Forside filed an application for post-conviction collateral relief, which the Mississippi Supreme Court dismissed without prejudice because it should have been filed with the trial court.

         Third, in No. 2017-TS-01155, Forside filed a notice of appeal using the standard state court form, listing his April 28, 2015, conviction and sentence as that from which he was appealing. Forside attached to the notice of appeal (1) a July 25, 2017, trial court order denying his motion for parole eligibility, and (2) an August 7, 2015, trial court order denying his motion for state post-conviction collateral relief, in which he argued ineffective assistance of counsel and that there was insufficient evidence to sustain his conviction.[6] Because Forside listed the date of his original conviction on the notice of appeal form, the Mississippi Supreme Court treated it as a direct appeal of that conviction and dismissed the appeal for want of an appealable judgment because, under Mississippi law, there is no direct appeal from a guilty plea.[7] Based on this ruling, the Mississippi Supreme Court did not address the issues of parole eligibility, ineffective assistance of counsel, or sufficiency of the evidence. None of the issues discussed in the two trial court orders attached to the notice of appeal involved the issue of “trusty” earned time raised in the instant petition.

         III

...


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.