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.

Al-Khidhr v. King

Court of Appeals of Mississippi

April 24, 2018

ONLY AL-KHIDHR APPELLANT
v.
RONALD KING, SUPERINTENDENT, AND CENTRAL MISSISSIPPI CORRECTIONAL FACILITY APPELLEES

          DATE OF JUDGMENT: 06/30/2016

          RANKIN COUNTY CIRCUIT COURT HON. WILLIAM E. CHAPMAN III TRIAL JUDGE

          ATTORNEY FOR APPELLANT: ONLY AL-KHIDHR (PRO SE)

          ATTORNEYS FOR APPELLEES: ANTHONY LOUIS SCHMIDT JR. DARRELL CLAYTON BAUGHN

          BEFORE IRVING, P.J., BARNES AND WILSON, JJ.

          IRVING, P.J.

         ¶1. Only Al-Khidhr appeals the judgment of the Rankin County Circuit Court, arguing that the court erred by affirming the decision of Ronald King, Superintendent of the Central Mississippi Correctional Facility of the Mississippi Department of Corrections (MDOC), and dismissing his petition for judicial review.

         ¶2. Finding no error, we affirm. FACTS

         ¶3. On May 1, 2012, Al-Khidhr was indicted by a Harrison County grand jury for unlawful possession of a firearm by a convicted felon. On September 16, 2013, Al-Khidhr was indicted again by a Harrison County grand jury, the charge being possession of a controlled substance. On December 3, 2013, the circuit court granted the State's motion to amend Al-Khidhr's indictment for possession of a controlled substance to charge Al-Khidhr as a habitual offender, and on the same date, he pleaded guilty to the charges in both indictments. The circuit court sentenced him to consecutive sentences of five years on the firearm charge and four years on the drug-possession charge, with both sentences to be served in the custody of the MDOC. Pursuant to Mississippi Code Annotated section 99-19-23 (Rev. 2015), Al-Khidhr was entitled to a credit against his sentences for the time he spent in jail awaiting trial. He was given a credit for all time served on both charges through the date of his guilty pleas on December 3, 2013-amounting to 613 days of pre-trial confinement. Al-Khidhr does not dispute that 613 days is an accurate calculation of his pre-trial confinement; he only argues that it should have been doubled to apply to both of his charges.

         ¶4. However, on February 19, 2016, Al-Khidhr filed an "Administrative Remedy Program" (ARP) appeal with the MDOC requesting double credit for his pre-jail confinement time, arguing that he was entitled to a separate credit for each charge. MDOC denied his appeal on May 11, 2016.

         ¶5. On June 10, 2016, Al-Khidhr filed a petition for judicial review in the Rankin County Circuit Court. The circuit court dismissed the petition on June 30, 2016. On July 10, 2016, Al-Khidhr filed a motion for reconsideration, which the circuit court denied on September 30, 2016. On October 18, 2016, Al-Khidhr filed a notice of appeal.

         ¶6. On August 8, 2016, Al-Khidhr filed a motion to clarify his sentence in the Harrison County Circuit Court. On May 1, 2017, the circuit court dismissed Al-Khidhr's motion, finding that it was a successive writ and that venue was improper. He appealed the dismissal in the Harrison County case (cause number 2017-CP-00269) to the Mississippi Supreme Court, which assigned the case to this Court, where it is still pending. Of note, according to the MDOC, Al-Khidhr was released from custody on July 14, 2017.

         DISCUSSION

         ¶7. Our standard of review is succinctly addressed in Welch ...


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.