Parker v. State
2010 Miss. App. LEXIS 595
| Miss. Ct. App. | 2010Background
- Parker was sentenced in federal court in 2006 to life for conspiracy to distribute 226.72 grams of crack cocaine, based on two Mississippi marijuana convictions from 1980 and 1986.
- In 2008 Parker sought post-conviction relief (PCR) in Mississippi to vacate the 1986 marijuana conviction so he could pursue federal resentencing; the circuit court dismissed for lack of jurisdiction.
- Parker claimed actual innocence and ineffective assistance of counsel in his 2008 PCR.
- The circuit court also found the PCR untimely as filed more than twenty years after the 1986 conviction, but still dismissed on jurisdictional grounds because Parker was not “in custody” under a Mississippi sentence when he filed.
- Parker appealed pro se arguing the court abused its discretion on timeliness and that he should be deemed in custody for purposes of Mississippi’s PCR statute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Parker was eligible for PCR under the pre-2009 statute. | Parker argues the pre-2009 version applies. | State argues Parker was not in custody under a Mississippi sentence. | No jurisdiction; pre-2009 version applied, but Parker was not in custody. |
| Whether the 2009 statutory amendments retroactively broadened PCR eligibility to Parker. | Parker argues the newer, broader scope should apply. | State contends amendments are prospective only. | Statute applies prospectively; amendments do not retroactively authorize relief here. |
| Whether the circuit court correctly dismissed the PCR for lack of custody. | Parker contends custody should be read to include federal sentence reliance on Mississippi convictions. | State maintains custody requirement is strict and Mississippi-only. | Affirmed; Parker was not in custody under a Mississippi sentencing order. |
Key Cases Cited
- Willis v. State, 856 So. 2d 555 (Miss. Ct. App. 2003) ( Custody requirement for PCR prior to 2009 statute)
- Dallas v. State, 994 So. 2d 862 (Miss. Ct. App. 2008) ( Pre-2009 custody standard under §99-39-5)
- Zambrella v. State, 906 So.2d 844 (Miss. Ct. App. 2004) ( Pre-2009 custody requirement for PCR)
- Hudson v. Moon, 732 So.2d 927 (Miss. 1999) ( Prospective application of statute; retroactivity absent)
- Mladinich v. Kohn, 186 So.2d 481 (Miss. 1966) ( General rule on prospective application of statutes)