Turner v. State
169 So. 3d 945
| Miss. Ct. App. | 2014Background
- Turner was indicted as a habitual offender in Lowndes County on two counts of sale of cocaine; two prior convictions included possession of cocaine (1997) and aggravated assault (1998).
- Plea bargain led to Turner pleading guilty to one count of sale of cocaine (Nov. 19, 2004) and being sentenced as a non-habitual offender to 20 years; the second count was dismissed.
- Turner filed a complaint through MDOC's ARP alleging miscalculation of time and breach of plea by denial of a parole date; MDOC denied parole eligibility due to prior aggravated assault (violent crime).
- Turner later filed a PCR motion (Jan. 3, 2013); circuit court ruled it procedurally barred as successive and time-barred but found it excepted from bars for fundamental rights, addressed merits, and denied relief.
- On appeal, Turner argued for parole eligibility relief; the court agreed the MDOC's basis was erroneous but held Turner not eligible for parole due to the underlying crime of cocaine sale.
- The Mississippi Court of Appeals affirmed, concluding Turner is ineligible for parole and upholding the circuit court's denial of PCR.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction to review parole eligibility in PCR | Turner argued circuit court could hear parole claims via PCR. | State contends parole determinations are executive and not judicial. | Circuit court had jurisdiction to review Turner’s parole claim. |
| Parole eligibility under Mississippi law | Turner asserts parole eligibility might apply if plea or promise implied parole. | State asserts no parole eligibility promised; MDOC's view controls. | Turner is not eligible for parole based on the sale-of-cocaine conviction. |
| Proper basis for ineligibility under §47-7-3(1)(h) | Turner contends ineligibility rested on his aggravated assault conviction. | MDOC relied on his violent crime to preclude parole. | Ineligibility reason is the cocaine sale conviction, not the aggravated assault. |
| Effect of prior convictions on parole decision | Prior violent conviction should not independently drive parole denial post-conviction. | Statutory framework can render offenders not eligible for parole based on conviction type. | McGovern-based reasoning applies; eligibility determined by current offense, not merely prior crimes. |
Key Cases Cited
- McGovern v. Mississippi Department of Corrections, 89 So.3d 69 (Miss.Ct.App.2011) (parole eligibility controlled by current offense; prior convictions may impact, but not exclusively determine eligibility)
- Rowland v. State, 42 So.3d 503 (Miss.2010) (fundamental rights exception to procedural bars in PCR)
- Lattimore v. Sparkman, 858 So.2d 936 (Miss.Ct.App.2003) (courts may address parole issues in circuit court; internal ARP processes available)
- Keys v. State, 67 So.3d 758 (Miss.2011) (prisoner may challenge parole eligibility without exhausting remedies pre- or post-PCR)
- Vice v. State, 679 So.2d 205 (Miss.1996) (no constitutionally guaranteed liberty interest in parole)
- Heafner v. State, 947 So.2d 354 (Miss.Ct.App.2007) (parole eligibility generally an executive decision)
- Ford v. State, 121 So.3d 325 (Miss.Ct.App.2013) (standard for reviewing PCR denials)
- Johnson v. State, 70 So.3d 262 (Miss.Ct.App.2011) (standard deference to PCR appellate review)