Brown v. State
2011 Miss. App. LEXIS 79
| Miss. Ct. App. | 2011Background
- Brown was convicted of armed robbery in 1999 and sentenced to 40 years in MDOC custody.
- Appellate review affirmed the conviction in 2003 (Brown v. State).
- In July 2009 Brown filed a petition asserting parole eligibility under Senate Bill 2136 (2008) based on the bill’s amendments to §47-7-3(1).
- The circuit court dismissed, holding Brown ineligible for parole under §47-7-3(1)(d)(ii) for armed robbery committed after October 1, 1994.
- Brown argued SB 2136 created eligibility; the circuit court and Brown relied on the 1994 date to deny parole.
- The Mississippi Court of Appeals affirmed the circuit court’s dismissal, ruling Brown remains ineligible for parole.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether SB 2136 makes Brown parole eligible. | Brown asserts eligibility under §47-7-3(1)(g). | MDOC and court say §47-7-3(1)(d)(ii) bars parole for armed robbery, SB 2136 does not apply to violent crimes. | Brown not eligible; SB 2136 does not apply to armed robbery. |
Key Cases Cited
- Wells v. State, 936 So. 2d 479 (Miss. Ct. App. 2006) (armed-robbery parole ineligibility after 1994)
- Sykes v. Epps, 963 So. 2d 31 (Miss. Ct. App. 2007) (parole denial where armed robbery after 1994)
- Burns v. State, 933 So. 2d 329 (Miss. Ct. App. 2006) (proper MDOC administrative review pathway)
- Shelton v. Kindred, 279 So. 2d 642 (Miss. 1973) (record completeness burden on appellant)