63 So. 3d 1246
Miss. Ct. App.2011Background
- Amerson, pro se, appeals the MDOC jail-time credits calculation after ARP denial.
- He was arrested 9-7-1990; sentenced 4-23-1991 to 5 years as a habitual offender for carrying a concealed weapon, with 228 days jail credit.
- He then committed arson and related offenses; convicted 5-22-1991 for arson, damaging public property, and inciting a riot; aggregate 10 years habitual with arson sentence to run consecutively to the concealed-weapon sentence.
- He was also convicted 9-4-1991 for simple assault and sentenced to 5 years as a habitual offender to run consecutively to the arson sentence.
- MDOC denied Amerson’s ARP requests for additional jail-time credits, asserting he had received all credits to which he was entitled.
- The Sunflower County Circuit Court affirmed the MDOC’s calculation; Amerson appealed to the Mississippi Supreme Court; issues include credit calculation, confrontation rights in a civil proceeding, and a second hearing about in forma pauperis status.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper calculation of jail-time credits | Amerson seeks 205 days (arson) and 168 days (assault) credits | Credits limited to pre-sentencing or while awaiting trial; other time is prison time | MDOC's calculation supported; no due process violation. |
| Right to confrontation in a civil matter | Amerson was deprived of confrontation due to Epps’s absence | No confrontation right in civil cases; Epps did not testify | No Sixth Amendment violation. |
| Second hearing and in forma pauperis jurisdiction | Trial court lacked jurisdiction for a second hearing after appeal | Hearing concerned in forma pauperis status, within trial court authority | Trial court did not err; second hearing proper for in forma pauperis determination. |
Key Cases Cited
- Siggers v. Epps, 962 So.2d 78 (Miss.Ct.App.2007) (standard of review for administrative decisions; substantial evidence)
- Edwards v. Booker, 796 So.2d 991 (Miss.2001) (due process in administrative rulings)
- Bailey v. State, 19 So.3d 828 (Miss.Ct.App.2009) (jail-time credits when serving other convictions)
- Mason v. State, 440 So.2d 318 (Miss.1983) (decide by record facts, not brief assertions)
- Clark v. State, 40 So.3d 531 (Miss.2010) (appellate record completeness; duty to compile record)
- Green v. Sparkman, 829 So.2d 1290 (Miss.Ct.App.2002) (protection of rights in appellate proceedings)
- Eason v. Epps, 32 So.3d 538 (Miss.Ct.App.2009) (limited standard of review for administrative agency decisions)