Exso Chandler v. Mississippi Department of Corrections

Opinion

IN THE SUPREME COURT OF MISSISSIPPI

NO. 2012-CT-00597-SCT

EXSO CHANDLER a/k/a EXO CHANDLER, JR.

v.

MISSISSIPPI DEPARTMENT OF CORRECTIONS AND MISSISSIPPI PAROLE BOARD

ON WRIT OF CERTIORARI

DATE OF JUDGMENT: 03/15/2012 TRIAL JUDGE: HON. BETTY W. SANDERS TRIAL COURT ATTORNEYS: EXSO CHANDLER (PRO SE) R. STEWART SMITH, JR. JIM NORRIS COURT FROM WHICH APPEALED: SUNFLOWER COUNTY CIRCUIT COURT ATTORNEY FOR APPELLANT: EXSO CHANDLER (PRO SE) ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: ANTHONY L. SCHMIDT, JR. NATURE OF THE CASE: CIVIL - STATE BOARDS AND AGENCIES DISPOSITION: THE JUDGMENT OF THE COURT OF APPEALS IS REVERSED AND THE JUDGMENT OF THE SUNFLOWER COUNTY CIRCUIT COURT IS VACATED - 03/06/2014 MOTION FOR REHEARING FILED: MANDATE ISSUED:

EN BANC.

DICKINSON, PRESIDING JUSTICE, FOR THE COURT:

¶1. Exso Chandler pleaded guilty to selling cocaine. He later filed a motion in the

Sunflower County Circuit Court, challenging the denial of his parole. The Sunflower County

Circuit Court deemed Chandler ineligible for parole, which the Court of Appeals affirmed.

But, because Scott County – where Chandler pleaded guilty and received his sentence – had exclusive, original jurisdiction to hear and determine his petition for post-conviction relief,

we vacate the order and reverse the decision of the Court of Appeals without prejudice to

Chandler’s right to file his motion in the proper court.

¶2. THE JUDGMENT OF THE COURT OF APPEALS IS REVERSED AND THE JUDGMENT OF THE SUNFLOWER COUNTY CIRCUIT COURT IS VACATED.

WALLER, C.J., RANDOLPH, P.J., LAMAR, KITCHENS, CHANDLER, PIERCE, KING AND COLEMAN, JJ., CONCUR.