Michael Drankus v. State of Mississippi
215 So. 3d 1000
| Miss. Ct. App. | 2017Background
- Michael Drankus (also Michael F. Drankus) was convicted in 1987 of capital murder, robbery, and burglary of a dwelling and has had multiple paroles revoked.
- The Mississippi Parole Board denied parole on April 29, 2015, and set Drankus’s next parole hearing three years later, for April 30, 2018 (a three-year "set off").
- Drankus filed a motion for postconviction relief (PCR) arguing Mississippi Code § 47-7-18(6) entitles inmates to annual parole hearings, so a three-year set off violated his statutory and constitutional rights.
- The Harrison County Circuit Court denied the PCR as a successive writ (Drankus had a prior PCR in 1996) and stated it lacked jurisdiction over parole decisions.
- The Court of Appeals affirmed, holding the trial court properly denied relief and lacked jurisdiction to review the parole board’s set-off decision; the statutory amendments did not apply retroactively to inmates admitted before July 1, 2014.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court had jurisdiction to hear challenge to parole board’s three-year set off | Drankus: court can review parole denial and statutory right to annual hearings | State: trial courts lack jurisdiction over parole board decisions | Trial court lacks jurisdiction; appeal dismissed |
| Whether § 47-7-18(6) entitles Drankus to annual parole hearings despite three-year set off | Drankus: 2014 statute requires annual hearings for inmates not released at initial parole date | State: 2014 amendments do not apply to inmates admitted before July 1, 2014; parole board discretion remains | Statute amendments do not apply retroactively to Drankus; no entitlement to annual hearings |
| Whether PCR was procedurally barred as successive writ | Drankus: challenged the set off anew | State: prior 1996 PCR bars successive relief | PCR treated as successive; trial court properly denied relief |
| Whether constitutional rights were violated by the set off | Drankus: set off violated constitutional rights | State: parole decisions non-justiciable in trial court; no constitutional violation recognized here | No relief granted; court did not reach new constitutional remedy |
Key Cases Cited
- Cotton v. Miss. Parole Bd., 863 So. 2d 917 (Miss. 2003) (trial courts lack jurisdiction to grant or deny parole)
- Drankus v. State, 691 So. 2d 1022 (Miss. 1996) (prior PCR denial affirmed)
- Drankus v. Fisher, 204 So. 3d 1232 (Miss. 2016) (2014 parole-related amendments do not apply to inmates admitted before July 1, 2014)
- Way v. Miller, 919 So. 2d 1036 (Miss. Ct. App. 2005) (defines parole "set off")