Mandell Rhodes, Jr. v. Rick Thaler, Director
713 F.3d 264
5th Cir.2013Background
- Rhodes was convicted of aggravated rape in 1980.
- He was paroled in 2004 but returned to prison in 2006 after violating a condition.
- Rhodes seeks street-time credit for the two years on parole, arguing it would accelerate mandatory release.
- Rhodes was denied street-time credit by the Texas system, and federal habeas relief was sought.
- The district court denied relief; the court of appeals sua sponte considered the issue under federal habeas standards.
- Texas law and case law control whether Rhodes has a protected liberty interest in street-time credit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Rhodes has a liberty interest in street-time credit. | Rhodes asserts he was unlawfully denied street-time credit. | Texas law bars street-time credit for aggravated-rape offenders under §508.283(b) and §508.149(a). | Rhodes has no liberty interest; denial is not a due-process violation. |
| Whether Ex parte Hale overruled Ex parte Morris for releasees. | Morris remains good law supporting credit for erroneous releasees. | Hale overruled Morris and controls releasees’ credit. | Hale governs; Morris is no longer controlling. |
| What law applies to Rhodes, given revocation in 2006. | Credited time should be restored under prior precedent. | Texas street-time credit statute in effect at revocation applies. | Texas § 508.283(b) applies; aggravated-rape offenders are not eligible for street-time credit. |
| Does due-process analysis hinge on Thompson v. Cockrell. | No; Thompson is superseded by Hale for this context; analysis follows Hale and releasees law. |
Key Cases Cited
- Ex parte Hale, 117 S.W.3d 866 (Tex. Crim. App. 2003) (overruled Morris; governs releasees for § 508.283)
- Ex parte Morris, 626 S.W.2d 752 (Tex. Crim. App. 1982) (overruled by Hale; discussed calendar-time credit)
- Ex parte Ervin, 187 S.W.3d 386 (Tex. Crim. App. 2005) (statutory interpretation of § 508.149(a))
- Ex parte Noyola, 215 S.W.3d 862 (Tex. Crim. App. 2007) (explains applicability of § 508.283 to revocations)
- Ex parte Hernandez, 275 S.W.3d 895 (Tex. Crim. App. 2009) (evaluates law in effect at parole revocation)
- Thompson v. Cockrell, 263 F.3d 423 (5th Cir. 2001) (recognizes liberty interest under state law prior to Hale)