United States District Court, S.D. Mississippi, Eastern Division
REPORT AND RECOMMENDATION
MICHAEL T. PARKER, UNITED STATES MAGISTRATE JUDGE
MATTER is before the Court on Demario Walker's Petition
for Writ of Habeas Corpus  and amended Petition for Writ
of Habeas Corpus  along with Respondent's Response
. After careful consideration of the parties'
submissions and the law, the undersigned recommends that the
Petition be dismissed with prejudice.
Court has jurisdiction over this case pursuant to 28 U.S.C.
§ 1331. Venue is proper in this Court because Petitioner
was convicted in Jefferson Davis County, Mississippi, located
in the Eastern Division of the Southern District of
Mississippi. 28 U.S.C. § 2241(d); Wadsworth v.
Johnson, 235 F.3d 959, 961 (5th Cir. 2000).
pleaded guilty to a charge of false pretense in the Circuit
Court of Jefferson Davis County, Mississippi on July 23,
2013. R. [32-2] at 66-68. The trial judge sentenced Walker to
five years' incarceration, which was suspended and
contingent upon five years of successful probation.
Id. On March 27, 2015 Walker's probation was
revoked after the trial court found that he had absconded
from his probation, failed to pay his fines, and failed to
pay restitution. Id. at 95.
18, 2015, Walker filed a Motion for Post-Conviction
Collateral Relief in the Circuit Court of Jefferson Davis
County seeking relief from his probation revocation two
months earlier. Id. at 115- 120. The trial court
considered Walker's motion and found that (1)
Walker's probation was lawfully revoked; (2) Walker was
not entitled to counsel; (3) revocation to the full term was
not excessive; and (4) the court had authority to revoke
Walker's probation. Id. at 123-127.
appealed the circuit court's denial of his Motion for
Post-Conviction Collateral Relief on June 12, 2015.
Id. at 128. The Mississippi Court of Appeals heard
Walker's appeal and issued a decision on October 18, 2016
and denied rehearing on April 11, 2017. Walker v.
State, 230 So.3d 709 (Miss. Ct. App. 2016). The Court of
Appeals affirmed in part and reversed in part the decision of
the trial court. Id.
Walker and the State filed petitions for certiorari, and the
Mississippi Supreme Court granted certiorari and heard the
case. Walker v. State, 230 So.3d 703 (Miss. 2017).
The supreme court rejected Walker's arguments that no
evidence was presented of his parole violations and that he
was not on parole in Jefferson Davis County when his
revocation hearing occurred. Id. at 704-704. The
supreme court, however, reversed the court of appeals and
held that it was proper for the trial court to sentence him
to serve the remaining five years of his sentence as he had
committed three technical probation violations. Id.
at 706. The supreme court held that a proper interpretation
of the controlling statute would find each separate violation
to be distinct technical violations, and Walker's three
separate violations warranted the imposition of the entirety
of his suspended sentence. Id. The judgment of the
trial court that Walker should serve the five remaining years
of his sentence was affirmed. Id.
Mississippi Court of Appeals, Walker raised the following
1. Probation was unlawfully revoked.
2. Walker was denied counsel.
3. Probation for the full term was excessive.
4. Trial court did not have authority to revoke Walker's
5. Trial court erred in denying Walker's post-conviction
Mississippi Supreme Court, Walker raised the following
1. Walker's due process rights were violated, and no
evidence was presented against him.
2. Walker was not on probation at the time of his alleged
habeas Petition  and amended Petition , Walker raises
the following issues for review:
1. The trial court lacked jurisdiction to revoke Walker's
2. Walker was not afforded due process at the revocation.
3. The probation officer failed to classify Walker as a high,
medium, or low risk offender.
4. Walker was entitled to counsel at the revocation.
5. Walker's sentence was improper, excessive, or illegal.
filed his Petition on May 10, 2017 raising several issues
regarding his revocation of probation and return to the
custody of the Mississippi Department of Corrections.
See Pet. . On October 13, 2017, Walker amended
his Petition. See Amend. Pet. .
submitted the state court record and filed a Response on
January 29, 2018. See Resp. , R. . Walker
then replied to Respondent on February 20, 2018 and requested
further time to file a supplemental reply. See Reply
. Walker filed supplemental replies on March 6, 2018 and
April 3, 2018. See Supp. Reply , Supp. Reply