Donald Keith Smith a/k/a Donald Smith a/k/a Donald K. Smith v. State of Mississippi, 293 So.3d 238

Donald Keith Smith challenged MDOC time-computation and parole/early-release classification after convictions for attempted kidnapping, armed carjacking, and felony fleeing; MDOC’s ARP concluded time was correct, credited federal time served, and classified his offenses as crimes of violence.
MDOC’s second-step ARP response was signed August 25, 2017; Smith received it September 19, 2017 and filed a Petition for Judicial Review in Greene County Circuit Court on October 10, 2017.
The circuit court affirmed the ARP on the merits, finding armed carjacking falls within the violent-crime statute and MDOC’s decision was supported by substantial evidence.
On appeal the State argued Smith’s judicial-review petition was untimely and that MDOC was not properly served/notice was not given; jurisdictional defects were raised on appeal.
The Mississippi Supreme Court held Smith’s petition was timely under Miss. Code §47-5-807 (filed ~21 days after receipt) but the record lacked proof MDOC (or the Attorney General) received notice of the petition.
Because Smith failed to provide notice/service to MDOC, the Supreme Court vacated the circuit court’s judgment and remanded with instructions to dismiss for lack of personal jurisdiction; the court did not reach the statutory merits.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Timeliness to seek judicial review under §47-5-807	Smith filed within 30 days of receiving MDOC’s final ARP decision (petition mailed Oct 10, 2017)	MDOC argued the filing deadline had run and/or prior delays made ARP untimely	Court held Smith’s petition was timely (~21 days after receipt)
Service of process / personal jurisdiction over MDOC	Smith treated the petition as the final administrative step and relied on notice; filed a later motion seeking issuance of summons	State argued it never received notice and was not served per Rule 4(d)(5) through the Attorney General	Court held the record shows no notice to MDOC/AG; circuit court lacked personal jurisdiction; vacated and remanded for dismissal
Merits: whether armed carjacking is a "crime of violence" and parole entitlement	Smith argued §97-3-2(1)(m) incorporates armed carjacking and §97-3-2(2) permits parole/early release after 50%	MDOC argued armed carjacking is a violent crime precluding parole/early release	Court did not decide merits because lack of personal jurisdiction required vacatur and dismissal

Jobe v. State, 288 So. 3d 403 (Miss. Ct. App. 2019) (holding that appealing an ARP decision requires notice to MDOC under the court rules and that formal service of process is not required if proper notice is given)
Cratin v. Fisher, 235 So. 3d 1434 (Miss. Ct. App. 2017) (finding lack of proper service through the Attorney General deprived the court of jurisdiction)
Bd. of Law Enf’t Officers Standards & Training v. Butler, 672 So. 2d 1196 (Miss. 1996) (standard for judicial review of administrative-agency decisions)
Sprouse v. Miss. Emp’t Sec. Comm’n, 639 So. 2d 901 (Miss. 1994) (presumption in favor of agency decisions and review constraints)
Miss. Comm’n on Envtl. Quality v. Chickasaw Cty. Bd. of Supervisors, 621 So. 2d 1211 (Miss. 1993) (appellate review of agency decisions limited to the record)
Nissan N. Am., Inc. v. Tillman, 273 So. 3d 710 (Miss. 2019) (statutory interpretation of agency operations reviewed de novo)
Easley v. Roach, 879 So. 2d 1041 (Miss. 2004) (pro se inmate filing is "filed" when mailed under the mailbox rule)