Mississippi Department of Corrections v. Benjamin Cook

210 So. 3d 965 (Miss. 2017) · Supreme Court of Mississippi · February 9, 2017 · No. 2015-CA-01724-SCT

Summary

The Supreme Court of Mississippi considered whether a parole-eligible inmate convicted and sentenced before July 1, 2014, was entitled to a parole case plan under Mississippi Code Section 47-7-3.1(1). Relying on Fisher v. Drankus, the court held that the statute did not apply retroactively, reversed the Sunflower County Circuit Court, and rendered judgment for the Mississippi Department of Corrections.

Holdings

  1. A parole-eligible inmate convicted and sentenced before July 1, 2014, is not entitled to a parole case plan under section 47-7-3.1 because the statute does not clearly and unequivocally express an intent to apply retroactively.

Questions Presented

  1. Whether a parole-eligible inmate convicted and sentenced before July 1, 2014, is entitled to a parole case plan under Mississippi Code section 47-7-3.1(1).

Disposition

reversed_and_remanded

Cases Cited (3)

  • Fisher v. Drankus, 204 So. 3d 1232 (Miss. 2016)(followed)
  • Miss. Methodist Hosp. & Rehab. Ctr., Inc. v. Miss. Div. of Medicaid, 21 So. 3d 600 (Miss. 2009)(applied)
  • Sinko v. State, 192 So. 3d 1069 (Miss. Ct. App. 2016)(cited)

Cited In (0)

No citing cases on record yet.

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