State of Mississippi v. Boyce Willard
217 So. 3d 779
Miss. Ct. App.2017Background
- In 1984, Boyce Willard was convicted of murder and sentenced to life imprisonment; the Mississippi Parole Board has repeatedly denied him parole since 1994.
- Willard filed a 2015 petition in Humphreys County Circuit Court contending the Parole Board violated Mississippi Code § 47-7-18(6) (effective July 1, 2014) by imposing a five-year delay before his next parole hearing instead of yearly hearings.
- The petition was effectively a suit for declaratory and injunctive relief against the Parole Board, but Willard did not request a summons nor serve the Parole Board or any state entity.
- The circuit court granted Willard’s petition and ordered the Parole Board to set a parole hearing complying with § 47-7-18(6); the State appealed.
- The Court of Appeals declined to reach the statute’s merits here, focusing on Willard’s failure to properly serve the Parole Board and reversed and rendered a dismissal without prejudice under M.R.C.P. 4(h).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 47-7-18(6)’s annual-hearing requirement applied to Willard and was violated | Willard: Parole Board violated § 47-7-18(6) by imposing a five-year setoff instead of yearly hearings | State: (primarily procedural) action should be dismissed for failure to serve the Parole Board; merits not reached | Court did not decide statute’s applicability here; declined to reach merits due to procedural defect |
| Whether the action should proceed despite lack of service | Willard: proceeded without requesting summons or serving Parole Board | State: case must be dismissed for failure to properly serve the Parole Board | Court reversed and rendered dismissal without prejudice for failure to effect service under M.R.C.P. 4(h) |
Key Cases Cited
- Mangum v. Mississippi Parole Board, 76 So. 3d 762 (Miss. Ct. App. 2011) (distinguishes post-conviction relief from suits against the Parole Board)
- Mack v. State, 943 So. 2d 73 (Miss. Ct. App. 2006) (failure to serve proper party warrants dismissal)
- McClurg v. State, 870 So. 2d 681 (Miss. Ct. App. 2004) (procedural service defects in post-conviction-related actions)
- Fluker v. State, 200 So. 3d 1148 (Miss. Ct. App. 2016) (service requirement precedent)
- Fisher v. Drankus, 204 So. 3d 1232 (Miss. 2016) (addresses related parole statutory issues)