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.

Turner v. Hall

Court of Appeals of Mississippi

July 17, 2018

RODERICK O. TURNER APPELLANT
v.
PELICIA HALL, RON KING, PAMELA ROBINSON, TIRAH MITON, WARDEN BANKS AND RANIECE MATTHEWS APPELLEES

          DATE OF JUDGMENT: 05/24/2017

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

          ATTORNEY FOR APPELLANT: RODERICK O. TURNER (PRO SE)

          ATTORNEY FOR APPELLEES: DARRELL CLAYTON BAUGHN

          BEFORE LEE, C.J., CARLTON AND WESTBROOKS, JJ.

          CARLTON, J.

         ¶1. Roderick O. Turner was an inmate in the custody of the Mississippi Department of Corrections (MDOC), confined at the Central Mississippi Correctional Facility. The MDOC revoked 180 days of Turner's earned time after he was caught with contraband in violation of prison rules. Turner filed a complaint for judicial review in Rankin County Circuit Court claiming that the MDOC illegally revoked the 180 days of his earned time. The circuit court dismissed Turner's complaint as untimely.

         ¶2. On appeal, Turner asserts that the MDOC unlawfully revoked his earned time and thus his release date was illegally postponed. He further asserts that the circuit court erred in dismissing his complaint as untimely. A controversy no longer exists in this case, however, because Turner has been released on probation during the pendency of this appeal. We therefore dismiss his appeal as moot.

         FACTS AND PROCEDURAL HISTORY

         ¶3. In August 2011, Turner's post-release supervision relating to a prior robbery conviction was revoked, and Turner was sentenced to serve five years in the custody of the MDOC. Less than a year later, on April 25, 2012, Turner was convicted of possession of a controlled substance in a prison institution. He was sentenced to serve three years, and then four years on post-release supervision.

         ¶4. On December 2, 2016, Turner, while incarcerated, was found with a cell phone and a charger and received a Rule Violation Report (RVR). After a hearing, Turner was found guilty. By an MDOC order dated December 8, 2016, Turner lost 180 days of earned time. Turner appealed through the Administrative Remedy Program (ARP), filing a "Request for Administrative Remedy" on January 30, 2017. Turner contended that his tentative release date of March 17, 2017, had been illegally altered when the 180 days' revocation of earned time under the RVR was imposed, changing his tentative release date to September 14, 2017.

         ¶5. The ARP responded on February 8, 2017, notifying Turner that a completed RVR was not attached and requiring that Turner return the notification, along with the RVR he wished to appeal. The record contains no response from Turner to this notification. On March 21, 2017, the ARP committee rejected Turner's appeal of his RVR as untimely. Turner responded with a letter to the ARP committee, received March 28, 2017, in which he re-stated his grievance. By a letter dated March 31, 2017, the ARP committee acknowledged receipt of Turner's March 28, 2017 letter-request. The ARP committee's letter also explained that the ARP committee previously rejected Turner's request regarding the same issue and informed Turner that "because this matter has already been rejected, this particular request is being returned to you and will not be processed."

         ¶6. Turner brought a complaint for judicial review in the Rankin County Circuit Court concerning the ARP's decision, serving the complaint by mail on May 4, 2017. The Rankin County Circuit Clerk filed Turner's complaint on May 18, 2017.

         ¶7. The circuit court dismissed Turner's complaint, finding that it was untimely filed and thus the court lacked jurisdiction over the matter. The circuit court found that Turner's last "identified attempt to address the issue of punishment [in the RVR] was ...


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.