Presley v. State
2010 Miss. LEXIS 601
| Miss. | 2010Background
- Presley pleaded guilty to grand larceny on November 12, 2004 and was sentenced to ten years in MDOC with all ten years suspended on good behavior and probation conditions.
- In June 2005, the trial court revoked Presley’s probation for violating its terms by committing commercial burglary and grand larceny in South Carolina.
- Presley’s probation violation petition was supported by a Hattiesburg officer’s testimony that Presley was found near the stolen truck with keys; Presley denied involvement.
- Presley was served with a Notice of Hearing on the Petition to Revoke Suspended Sentence and had a hearing on June 2, 2005, where testimony was presented and the court revoked probation.
- Presley argued he was denied a preliminary probable-cause hearing required by Gagnon v. Scarpelli and Morrissey v. Brewer; the trial court did not hold a preliminary hearing but conducted a full revocation hearing.
- The Mississippi Supreme Court held that the lack of a preliminary hearing was harmless error and affirmed the denial of Presley’s post-conviction relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the absence of a preliminary probable-cause hearing violate due process? | Presley | Presley | Harmless error; no prejudice to Presley |
| Was the lack of a preliminary hearing harmless given a full revocation hearing? | Presley | Presley | Harmless error; no prejudice; affirm |
Key Cases Cited
- Gagnon v. Scarpelli, 411 U.S. 778 (U.S. 1973) (due-process requirements for probation/revocation hearings)
- Morrissey v. Brewer, 408 U.S. 471 (U.S. 1972) (due process protections for parole/probation revocation)
- Berdin v. State, 648 So.2d 73 (Miss. 1994) (preliminary hearing requirements in revocation context)
- Rusche v. State, 813 So.2d 787 (Miss. Ct. App. 2002) (harmless-error analysis for missing preliminary hearing)
- Esparaza v. State, 595 So.2d 418 (Miss. 1992) (harmless error in revocation due to lack of preliminary hearing)
- Hubbard v. State, 919 So.2d 1022 (Miss. Ct. App. 2005) (procedural bar for failing to raise prelim hearing issue on appeal)
- Johnson v. State, 749 So.2d 306 (Miss. Ct. App. 1999) (probable-cause considerations in revocation contexts)
- Gerstein v. Pugh, 420 U.S. 103 (U.S. 1975) (detention and probable-cause considerations)
- Brown v. State, 731 So.2d 595 (Miss. 1999) (standard for reviewing trial court findings on post-conviction relief)