Herman Barnes v. State of Mississippi
226 So. 3d 130
| Miss. Ct. App. | 2017Background
- Herman Barnes was convicted of capital murder (1983, 1984) and aggravated assault (1983) and sentenced to consecutive terms, with an initial parole date set for November 12, 2003.
- The Mississippi Parole Board denied parole multiple times; after the March 9, 2016 denial it recorded a setoff showing "4" under a time field (Barnes interpreted this as four years).
- Barnes filed a pro se PCR motion (Apr. 26, 2016) arguing the Parole Board violated Miss. Code Ann. § 47-7-18(6) by not giving him annual parole hearings.
- The Marion County Circuit Court dismissed the PCR for lack of jurisdiction and denied Barnes’s motion for reconsideration, citing precedent that parole decisions are within the Board’s discretion and not judicially reviewable.
- Barnes appealed; the Court of Appeals affirmed, holding the 2014 statutory amendments (H.B. 585 / § 47-7-18) apply prospectively and do not govern inmates whose convictions predate July 1, 2014, and that courts lack jurisdiction to review Parole Board denials.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Parole Board violated § 47-7-18(6) by scheduling next review four years later | Barnes: statute requires at least yearly parole hearings; four-year setoff violates § 47-7-18(6) | State: Board discretion over parole; statute amendments apply prospectively and do not reach Barnes’s pre-2014 convictions; courts lack jurisdiction to review denials | Court: Statute does not apply retroactively to Barnes; parole denials and setoffs are within Board discretion and circuit court lacked jurisdiction — affirmed |
Key Cases Cited
- Vice v. State, 679 So. 2d 205 (Miss. 1996) (parole decisions are within Parole Board discretion; no protected liberty interest in parole)
- Cotton v. Mississippi Parole Board, 863 So. 2d 917 (Miss. 2003) (circuit courts lack statutory authority to adjudicate appeals of Parole Board denials)
- Fisher v. Drankus, 204 So. 3d 1232 (Miss. 2016) (statutes are not construed retroactively absent clear legislative intent)
- Willard v. Mississippi State Parole Board, 212 So. 3d 80 (Miss. Ct. App. 2016) (2014 parole statute applied prospectively; inmates admitted before the effective date are not subject to new eligibility scheme)
- Evans v. State, 188 So. 3d 1256 (Miss. Ct. App. 2016) (distinguishing UPCCRA applicability to parole eligibility issues)