Council v. Mississippi Department of Corrections
2011 Miss. App. LEXIS 5
| Miss. Ct. App. | 2011Background
- Council was convicted of robbery and sentenced to 15 years, with 4 years to serve; 11 years were suspended on post-release supervision (PRS).
- After serving the 4 years, Council was released on PRS, which was subsequently revoked on April 25, 2007 based on an arrest for delivering a controlled substance to a correctional facility with co-defendant Jermaine Jackson.
- At the revocation hearing, Council waived a formal hearing; the State presented evidence of the alleged violations, and Council admitted only the arrest and the charge, not the underlying violations.
- The circuit court revoked PRS and sentenced Council to serve 11 years for the revocation; the State offered no additional evidence.
- On July 9, 2009, Council filed a motion for post-conviction relief alleging insufficient factual basis for the revocation; the circuit court dismissed for lack of jurisdiction.
- This Mississippi Supreme Court reversal held that the circuit court did have jurisdiction, remanding for further proceedings consistent with the opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was a sufficient factual basis to revoke PRS | Council asserts insufficient factual basis to support revocation. | State contends revocation can be sustained if evidence shows violation, even if charges are later dismissed. | Insufficient evidence supported revocation; remand for further proceedings. |
| Whether the circuit court had jurisdiction to entertain Council's post-conviction relief motion | Council argues proper jurisdiction existed to challenge revocation basis. | State contends the circuit court lacked jurisdiction due to procedural defects (venue/other issues). | Court erred in dismissing for lack of jurisdiction; jurisdiction exists and case remanded. |
Key Cases Cited
- Hardin v. State, 878 So.2d 111 (Miss. Ct. App. 2004) (probation revocation despite subsequent dismissal of charges)
- Doss v. State, 19 So.3d 690 (Miss. 2009) (standard of review for post-conviction relief; de novo review of legal conclusions)