Frederick D. Small a/k/a Frederick Small v. Mississippi Department of Corrections

Summary

The Mississippi Court of Appeals affirmed the denial of Frederick Small’s petition for judicial review of the Mississippi Department of Corrections’ refusal to grant trusty earned time or placement in a community work center. The court held that the decision was supported by statutory law and MDOC procedures and did not violate due process or ex post facto protections. It also concluded that the statutory classification of burglary of a dwelling as a violent offense did not alter Small’s punishment or create a new penalty.

Holdings

1. MDOC's decision to deny Small trusty status and community work center placement was supported by substantial evidence, was not arbitrary or capricious, was within MDOC's authority, and did not violate Small's constitutional or statutory rights.
2. The application of Mississippi Code Annotated section 97-3-2 did not violate the ex post facto clauses because the statute was procedural rather than substantive and did not create a new offense or increase or otherwise change Small's punishment.
3. Small was not deprived of due process or a right to challenge the classification because the statutory change was procedural, did not affect his punishment, and did not alter the independent eligibility barriers arising from his prior conviction and habitual-offender status.

Questions Presented

1. Whether MDOC's denial of trusty earned time or community work center placement was unsupported by substantial evidence, arbitrary or capricious, beyond its authority, or otherwise unlawful.
2. Whether applying the 2014 statutory classification of burglary of a dwelling as a per se violent offense to Small's eligibility determination violated the ex post facto clauses of the United States and Mississippi Constitutions.
3. Whether MDOC's classification of Small as a violent offender and denial of the requested placement deprived him of due process or a right to challenge the classification.

Disposition

affirmed