Monroe Randle v. State of Mississippi
228 So. 3d 334
| Miss. Ct. App. | 2017Background
- Monroe Randle, serving a life sentence for 1980 capital murder, was paroled in 2010 and transferred to Ohio under an interstate compact.
- In May 2012 Ohio parole authorities reported Randle had stalked and left five threatening voicemails for Robin Graham and was arrested for threatening and firearms possession.
- Randle admitted calling Graham and signed a “notification of release violation hearing” and a waiver of a probable-cause hearing in Ohio, admitting the alleged violations with mitigation.
- Mississippi’s Parole Board retook Randle from Ohio and revoked his parole based on the victim statements, voicemail evidence, and Randle’s admissions.
- Randle filed for postconviction relief (PCR); this Court previously held the circuit court erred in dismissing jurisdiction and remanded for an evidentiary hearing. After the hearing the circuit court denied PCR; Randle appealed.
Issues
| Issue | Plaintiff's Argument (Randle) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether parole revocation was supported by sufficient evidence | Revocation improper because Randle was not charged or convicted; victim statements insufficient | Parole revocation may be based on preponderance and admissions, victim statements, and voicemail evidence | Court held evidence, including Randle’s admissions and victim statements, gave reasonable cause to revoke parole |
| Whether hearsay (victim statements, voicemails) was inadmissible | Woods’s and Graham’s written statements are hearsay and inadmissible | Revocation hearings are not bound by Mississippi Rules of Evidence; hearsay is admissible | Court held hearsay is admissible in parole revocation and was properly considered |
| Whether waiver of preliminary hearing/admission was valid | Randle claims he did not intend to admit or waive rights | State produced signed waiver and notification documents and testimony that waiver/admission occurred | Court accepted the waiver/admission as valid and relied on it |
| Whether mention of prior convictions showed judicial bias | Reference to prior felonies prejudiced Randle and required reversal | The reference was contextual regarding petition history and did not demonstrate bias | Court found no reversible bias and rejected the claim |
Key Cases Cited
- Randle v. State, 210 So. 3d 1022 (Miss. Ct. App. 2015) (remanding for evidentiary hearing on parole revocation review)
- Elkins v. State, 116 So. 3d 185 (Miss. Ct. App. 2013) (state must show parolee violated parole before return to custody)
- McCalpin v. State, 166 So. 3d 24 (Miss. 2013) (probation/parole may be revoked when violation is shown by preponderance, even without criminal conviction)
- Forshee v. State, 853 So. 2d 136 (Miss. Ct. App. 2003) (Mississippi Rules of Evidence generally do not apply to probation/parole revocation hearings)
- Fortenberry v. State, 151 So. 3d 222 (Miss. Ct. App. 2014) (standard that appellate court will not reverse PCR dismissal unless clearly erroneous)