Mangum v. Mississippi Parole Board

76 So. 3d 762, 2011 Miss. App. LEXIS 727, 2011 WL 6211865
CourtCourt of Appeals of Mississippi
DecidedNovember 29, 2011
DocketNo. 2010-CP-00822-COA
StatusPublished
Cited by16 cases

This text of 76 So. 3d 762 (Mangum v. Mississippi Parole Board) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mangum v. Mississippi Parole Board, 76 So. 3d 762, 2011 Miss. App. LEXIS 727, 2011 WL 6211865 (Mich. Ct. App. 2011).

Opinions

RUSSELL, J., for the Court.

¶ 1. Gerald Mangum appeals the decision of the Hinds County Circuit Court denying his Petition for Writ of Habeas Corpus or for Order to Show Cause and Motion for Evidentiary Hearing as a petition for post conviction relief (PCR). Mangum alleged that he was discriminated against by the Mississippi Parole Board (“Board”) because of his race. Mangum asserts on appeal that the circuit court abused its discretion by denying his petition without an evidentiary hearing. Upon review, we find that the circuit court erred in treating Mangum’s Petition and Order to Show Cause as a PCR petition. Therefore, we reverse and remand.

SUMMARY OF FACTS AND PROCEDURAL HISTORY

¶ 2. Mangum was convicted of murder in 1981 and sentenced to life imprisonment with the possibility of parole in the custody of the Mississippi Department of Corrections. According to Mangum, he has been denied parole nine times.

¶ 3. Mangum filed a Petition for Writ of Habeas Corpus or for Order to Show Cause against the Board. In his petition, Mangum asked the circuit court to enter an order directing the Board “to show cause as to reasons why [Mangum] has been continuously and discriminatory [sic] denied [p]arole[.]” Subsequently, Man-gum filed a supplement to his petition arguing that “although [he] may not have a constitutionally recognized liberty interest in parole ..., [he] does have a constitutionally recognized right not to be denied parole based on his race.” To support his [765]*765claim, Mangum alleged additional facts, which we rephrase for clarity:

White prisoners, with similar or worse records than Mangum, have been granted parole by the Board.
Mangum is being discriminated by the Board on the basis of his race.
The Board granted parole to a white male, Douglas Hodgkin, although Hodgkin was convicted of a more heinous crime (rape and murder of a University of Mississippi graduate student) and although there was a large community opposition to Hodgkin’s release on parole.
Hodgkin was paroled after serving only twenty-two years, where Mangum has served almost twenty-nine years. Mangum has a prison[-]conduct record which exhibits the role of a model prisoner, having had no disciplinary action in over seventeen years.
Mangum did not have the extensive community opposition to parole that Hodgkin had.
Having no disciplinary action in over seventeen years, Mangum has demonstrated his willingness and ability to be a law-abiding citizen.
Unlike Hodgkin, Mangum had numerous favorable recommendations for parole from high-ranking prison personnel.

No summons was ever issued, and neither petition filed by Mangum contained a certificate of service to show that the State of Mississippi or the individual Board members were ever served with process.

¶4. On July 1, 2009, Mangum filed a motion for evidentiary hearing also without a certificate of service. The very next day, on July 2, 2009, the circuit court denied Mangum’s request for relief. The order reads, in pertinent part, as follows:

THIS COURT, having considered Petitioner, Gerald Mangum’s [p]ro [s]e, Petition for Writ of Habeas Corpus, is of the opinion that the motion should be and hereby is denied. The instant motion is in the nature of a motion for post-conviction relief and shall be treated as such.1 The Court finds that it plainly appears from the face of the motion, exhibits and prior proceedings in the case, that Petitioner’s [m]otion is without merit and that Petitioner is not entitled to any relief on his claim(s). Miss.Code Ann. § 99-39-11(2) (2000).
IT IS, THEREFORE, HEREBY ORDERED AND ADJUDGED that Petitioner, Gerald Mangum’s, Motion for Post-Conviction Collateral Relief should be and hereby is DENIED.

¶ 5. Mangum appeals the circuit court’s order denying his petitions. We consider three issues on appeal: (1) whether the circuit court erred in treating Mangum’s petition as one for post-conviction relief; (2) whether the circuit court had jurisdiction over Mangum’s racial-discrimination claim; and (3) whether Mangum stated a claim upon which relief may be granted.

DISCUSSION

¶ 6. Whether the circuit court has jurisdiction is a question of law and is reviewed de novo. Siggers v. Epps, 962 So.2d 78, 80 (¶ 4) (Miss.Ct.App.2007) (citing Edwards v. Booker, 796 So.2d 991, 994 (¶ 9) (Miss.2001)). Likewise, “this Court reviews the trial court’s dismissal of a lawsuit based on a question of law under a de novo standard of review.” Rochell v. State, 36 So.3d 479, 481 (¶ 7) (Miss.Ct.App. [766]*7662010) (citing Horton v. Epps, 20 So.3d 24, 27 (¶ 5) (Miss.Ct.App.2009)).

I. Whether the Circuit Court Erred in Treating Mangum’s Petition As One for Post-Conviction Relief

¶ 7. Although not raised by either party, we must address whether the circuit court properly treated Mangum’s petition as one for post-conviction relief. Our PCR statute provides limited grounds upon which a person may seek relief from, among other things, convictions and sentences:

Any person sentenced by a court of record of the State of Mississippi, including a person currently incarcerated, ... may file a motion to vacate, set aside or correct the judgment or sentence, a motion to request forensic DNA testing of biological evidence, or a motion for an out-of-time appeal if the person claims:
(a) That the conviction or the sentence was imposed in violation of the Constitution of the United States or the Constitution or laws of Mississippi;
(b) That the trial court was without jurisdiction to impose sentence;
(c) That the statute under which the conviction and/or sentence was obtained is unconstitutional;
(d) That the sentence exceeds the maximum authorized by law;
(e) That there exists evidence of material facts, not previously presented and heard, that requires vacation of the conviction or sentence in the interest of justice;
(f) That there exists biological evidence secured in relation to the investigation or prosecution attendant to the petitioner’s conviction not tested, or, if previously tested, that can be subjected to additional DNA testing, that would provide a reasonable likelihood of more probative results, and that testing would demonstrate by reasonable probability that the petitioner would not have been convicted or would have received a lesser sentence if favorable results had been obtained through such forensic DNA testing at the time of the original prosecution.
(g) That his plea was made involuntarily;
(h) That his sentence has expired; his probation, parole[,] or conditional release unlawfully revoked; or he is otherwise unlawfully held in custody;
(i) That he is entitled to an out-of-time appeal; or

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Cite This Page — Counsel Stack

Bluebook (online)
76 So. 3d 762, 2011 Miss. App. LEXIS 727, 2011 WL 6211865, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mangum-v-mississippi-parole-board-missctapp-2011.