Riely v. State

562 So. 2d 1206, 1990 WL 67362
CourtMississippi Supreme Court
DecidedApril 18, 1990
Docket07-KA-59140
StatusPublished
Cited by84 cases

This text of 562 So. 2d 1206 (Riely v. State) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Riely v. State, 562 So. 2d 1206, 1990 WL 67362 (Mich. 1990).

Opinion

562 So.2d 1206 (1990)

Anthony Wayne RIELY
v.
STATE of Mississippi.

No. 07-KA-59140.

Supreme Court of Mississippi.

April 18, 1990.

Carver A. Randle, John Ed Stillions, III, Indianola, Miss., for appellant.

*1207 Mike C. Moore, Atty. Gen., Melanie A. Smith, Sp. Asst. Atty. Gen., Jackson, for appellee.

Before ROY NOBLE LEE, C.J., and PRATHER and PITTMAN, JJ.

PRATHER, Justice, for the Court:

I. INTRODUCTION

A.

In this case, Anthony Wayne Riely appealed the Sunflower County Circuit Court's revocation of his probation alleging that his constitutional rights to due process were abrogated. This Court affirms the trial court.

B.

On October 15, 1987, Anthony Wayne Riely was convicted in the Sunflower County Circuit Court of burglarizing a residence. Riely was sentenced to a four-year prison term; however, the sentence was suspended and Riely was placed on four years' probation. One condition of probation involved completion of a rehabilitation program at the Greenwood/Leflore County Restitution Center (Center) in Greenwood, Mississippi.

Nearly two months after being placed in the Center, Riely was "locked up" (presumably in the county jail); he was locked up for alleged violations of the Center's rules (i.e., terms of probation). The Mississippi Department of Corrections (Department) filed an affidavit with the circuit court delineating the violations; however, a "forgiving" Department subsequently requested that the affidavit be disregarded and that Riely be returned to the Center.

On December 8, 1987, a hearing was held in the circuit court during which time the Department's request was considered. The following exchange transpired upon commencement of the hearing:

THE COURT: Mr. Riely, they [the Department] informed me ... that you are pretty much a bad apple out there [at the Center]. Is that right?
RIELY: No, sir.
COURT: Let me tell you something just in case you are. You better go out there and straighten up your act because any further violation of the rules, I am going to have you brought before me, and I am telling Dr. Alonzo [the Center's Director] now to report to me on your progress on a weekly basis, and you have been given a break here to go to the ... Center rather than the penitentiary. Have you ever been to the penitentiary?
RIELY: No, sir.
COURT: Well ... I don't think you want to go. Do you agree with that?
RIELY: No, sir.

Vol. II, at 1 (emphasis added). Basically, Riely did not want to be imprisoned, nor did he want to be returned to the Center where he felt "uncomfortable."

Further exchanges transpired, after which the court admonished Riely:

I am not going to let [you] select where [you] want[] to go and whether [you] can function here or there. .. . We didn't put you in [custody of the Department] to make you feel "comfortable." That's not the object of it. The object ... is to give you something for what you have done against your [fellow] citizens.

The court concluded that Riely's "bad" attitude reflected that "he is not a good candidate for the ... Center." The court then ordered another hearing on the matter, and "graciously" permitted Riely to return to the Center in the meantime. Vol. II, at 2-6. The hearing was held a few days later — on December 10. The affidavit delineating the violations of probation was presented to the court. The violations included: (1) failing to proceed directly to and from one's place of employment; (2) using abusive and obscene language; (3) refusing to work; (4) leaving or attempting to leave the Center without permission; and (5) possessing "prohibited items." Riely pled "guilty" to the first and fifth allegations, and "not guilty" to the others. During questioning by the court, however, Riely admitted he committed the second and fourth violations as well. See, e.g., Vol. II, at 9-10 & 13-14 (re second and fourth violations). In addition to Riely's admissions, *1208 Selby Ware, a Department Field Officer stationed at the Center, provided testimony in support of the allegations. Other evidence presented at the hearing included documentation of the alleged violations — as witnessed and reported by Department officers. See, e.g., Vol. II, at 9-10 & 12 (re violation reports filed by security officials).

After hearing the testimony and Riely's responses to the allegations, the court concluded:

I think your attitude is bad. You need to be subjected to some rather strenuous discipline, and I am going to try something here. I intended probably to put you in the penitentiary, but I am going to impose a sentence of four years on you, but I am going to provide that you complete the RID program at the Mississippi State Penitentiary, and if you successfully complete that, and that's up to you whether you want to do that or not. If you go up there with the attitude that you have got now, they can't do it. You can't complete that, but I am going to let you try to complete that, and that is a program of rather strenuous discipline, work and study and psychiatric counseling, etc., and let you try that, and if you can complete that, they will inform me, and I will suspend the rest of that time and provide that you go to the Center when you get out and see if you can make it then. Now, I am giving you an opportunity to stay out of the penitentiary. You are going to go to the penitentiary, but it is going to be in a special program. You are not going to be mixed with or housed with prisoners, and they will try to work with you and get your attitude improved, and if you can complete that, I will then suspend the rest and provide that you go to the Center, and if you mess up on either one, I am going to send you four years to the ... penitentiary. It's all up to you. You think you would like to try that?

Riely rejected the court's offer and explained: "All I wanted was to go back home and take care of my family... . [C]an I just go to the penitentiary and serve my time instead of coming back to the program?" Riely's wish was the court's command. Vol. II, at 16 & 17.

Before the hearing concluded, Riely complained that he was "coerced into this hearing before I was prepared to get my attorney." He also complained that he signed "waiver-of-rights" documents after being (mis)led to believe that another judge (i.e., Judge Clark, who had presided over the trial for the burglary charge) would preside over the probation-revocation hearing. The court patiently listened and decided to "start all over again" at a later date. In other words, the court: (1) decided to quell any questions of impropriety or accusations of unfairness by "strik[ing] all of this" (i.e., all that transpired at the hearing); and (2) rescheduled another full hearing.

On December 15, the third hearing was held. During the course of the proceeding, Riely informed the court that he was interested in acquiring an attorney and, consequently, he needed more time. The request was denied. The court then reviewed the evidence and determined that Riely's admitted violations and unwavering "bad" attitude warranted revocation of probation. Notably, at the conclusion of the hearing, Riely "lost it"; that is, he became violent, "tussled" with attending deputies, and had to be "carried from the courtroom" while "hollering." Riely's violent actions cost him an added thirty days for contempt.

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Cite This Page — Counsel Stack

Bluebook (online)
562 So. 2d 1206, 1990 WL 67362, Counsel Stack Legal Research, https://law.counselstack.com/opinion/riely-v-state-miss-1990.