188 So. 3d 613
Miss. Ct. App.2016Background
- Courtney Elkins was sentenced to life in Mississippi (1995) and later conditionally paroled to Chicago.
- In Feb 2008 Elkins was arrested in Chicago for stabbing his father (domestic-violence-related); Illinois allowed him to remain on parole with conditions (anger-management, counseling).
- In June 2009 Elkins was arrested in Chicago for allegedly pushing his girlfriend, Nadeja Beasley; that charge was nolle prossed and Beasley later signed an affidavit recanting.
- Mississippi Parole Board revoked Elkins’s parole in Nov 2009 based on both incidents; Elkins was returned to custody for life.
- Elkins filed a PCR petition challenging the revocation; this Court remanded for an evidentiary hearing to identify what the Board relied on.
- After an evidentiary hearing where the Board’s recorder testified Elkins admitted both incidents, the circuit court denied PCR; this appeal follows.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether dismissal/nolle prosequi of criminal charges precludes parole revocation | Elkins: dismissed charges and victim recantation mean parole revocation was unlawful | State: dismissal does not bar revocation; Board may rely on other proof and admissions | Held: Dismissal does not bar revocation; parole may be revoked on proof separate from criminal disposition |
| Whether Elkins proved entitlement to reinstatement by preponderance | Elkins: he proved innocence at hearing and produced recantation | State: Board relied on admissions and prior 2008 incident; evidence supports revocation | Held: Elkins failed to meet burden; circuit court properly found revocation supported by preponderance of evidence |
Key Cases Cited
- Williams v. Castilla, 585 So. 2d 761 (Miss. 1991) (criminal acquittal or dismissal does not automatically preclude parole revocation; Board may require proof of violation beyond charge)
- Moore v. State, 587 So. 2d 1193 (Miss. 1991) (burden on parolee in reinstatement proceedings is preponderance of evidence)
- Moore v. State, 605 So. 2d 794 (Miss. 1992) (parole revocation must be supported by reasonable grounds beyond the criminal charge itself)
- Morris v. State, 66 So. 3d 716 (Miss. Ct. App. 2011) (arrest alone insufficient to prove parole violation)
- Elkins v. State, 116 So. 3d 185 (Miss. Ct. App. 2013) (prior appellate decision in case summarizing standards and facts)