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Tnia

Time cut or parole

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My husband has been sentenced for 19 years and has completed as of 11/03/2008 9years in jail. He would like to go before the parole board, but has not been able appeal to be able to apply for the parole board. He has been incarcerated  since he was 17 and trialed as an adult and there have been several laws that have changed since then and these been  amended codes added, they are the 47-7-35, 97-3-79 in 1972.  There are several thing that need to be looked at like the Judge has been under investigation, and he has retired, some of the amended codes have changed to benefit him. he needs to know how to request to go before the parole board or get back on court, He stays in lockdown since day one. He is a diabetic and they have let him go into diabetic Acoma several times, he is not getting the care he needs. Please help, we have no funds for a lawyer and we need legal advice on this.

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You didn't say if he pled or went to trial.  If he was convicted at trial, he had the right to appeal and that had to be filed within 30 days of his sentencing.  After that, the options are fewer and complex.  The robbery statute 97-3-79 hasn't changed.  It was last amended in 1974.  He could have gotten life in prison for that robbery.  Under more recent US Supreme court rulings, had he gotten a life sentence, that sentence could have been challenged since he was 17 at the time.  There are no attorneys licensed in MS on this board and even if there were, the rule forbid giving specific legal advice.  You or he or both will have to seek the assistance of local counsel.  Most would give a free initial consult.

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5 minutes ago, LegalwriterOne said:

There are no attorneys licensed in MS and even if there were, the rule forbid giving specific legal advice.

 

Well, there are certainly attorneys licensed in MS :D

 

You obviously meant there are no MS attorneys that participate on these boards and so far as I know, you’re correct on that.

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3 minutes ago, Tax_Counsel said:

 

Well, there are certainly attorneys licensed in MS :D

 

You obviously meant there are no MS attorneys that participate on these boards and so far as I know, you’re correct on that.

Thanks for catching that.  I fixed my post.

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He wasn't adware that he could have done all that at the time, but he has done 6 plus the 9 years of time.The public defender had him to plea guilty to the charges, and they redone the court date for the sentence once he made eighteen and then started from there, he was sentenced for 25 years then they reduced it to credit for time served to 19 years for a first time offenders sentence. And they amended in 2015 to the codes of 47-7-3.5 and the house bill of 1267. Is there a free legal service available to assist me or him on the case, or look into it.

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Again, your husband's issues involve Mississippi laws and services available in the appropriate jurisdiction of Mississippi and no one from Mississippi participates here.  However, it is fair to say that if he pled guilty he probably did not have a right to appeal.  I would suggest your husband discuss the issue with other inmates, who may be surprisingly knowledgeable about these issues.

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On 7/15/2017 at 8:43 PM, Tnia said:

My husband has been sentenced for 19 years and has completed as of 11/03/2008 9years in jail.

 

So...as of over 8 1/2 years ago, he had completed 9 years of his 19 year sentence, which means that, as of today, he has completed over 17 1/2 years.  Right?

 

 

On 7/15/2017 at 8:43 PM, Tnia said:

He . . . has not been able appeal to be able to apply for the parole board.

 

Because...???

 

 

On 7/15/2017 at 8:43 PM, Tnia said:

there have been several laws that have changed since then and these been  amended codes added, they are the 47-7-35, 97-3-79 in 1972.

 

Huh?

 

1972 was 45 years ago.  If your husband was tried and sentenced 17 1/2 years ago and was 17 at that time, that means he is in his mid-30s, which means he wasn't born yet in 1972.  Also, section 97-3-79 is the law about robbery with a deadly weapon, and section 47-7-35 is a law about probation, so it's not clear what any of this has to do with your husband.

 

 

On 7/15/2017 at 8:43 PM, Tnia said:

There are several thing that need to be looked at like the Judge has been under investigation, and he has retired

 

What judge?  The judge who sentenced your husband nearly two decades ago?  Why would that "need to be looked at"?  What does this "investigation" have to do with your husband?

 

As noted above, no one from Mississippi follows these boards regularly.  You can try to go to a law library to research this, but it sounds like his sentence will be ending in a little over a year, so simply waiting might be the best thing at this point.

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No, from November 2008 till November 2017 he has completed the 9 years. But at the 2008 sentence they gave him credit for time served of the 25 years sentencing he was dropped down to 19 years. He has not been able to appeal to come up for parole, because they don't have that as an option.....his age is 27  born 5/3/1990, the 47-7-35 law pertains to him being able to go before parole and that's what were trying to do. The 97-3-79 is his charge. And his judge I had ( just mentioned it, doesn't need to be addressed) to see if he could be looked in to about his case.......Now he has retired. This all boils down to trying to get him to the parole board to get him home or to see what can be done to cut more of his time.

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3 hours ago, Tnia said:

he 2008 sentence they gave him credit for time served of the 25 years sentencing he was dropped down to 19 years.

No, his sentence was 25 years with credit for time served in custody awaiting disposition.  As I told you before, that charge carries a potential life sentence.  Additionally, there is an exception:  47-7-3(c)(ii) says: "No person shall be eligible for parole who shall, on or after October 1, 1994, be convicted of robbery, attempted robbery or carjacking as provided in Section 97-3-115 et seq., through the display of a firearm or drive-by shooting as provided in Section 97-3-109. The provisions of this paragraph (c)(ii) shall also apply to any person who shall commit robbery, attempted robbery, carjacking or a drive-by shooting on or after October 1, 1994, through the display of a deadly weapon."

This exception is also pointed out on the Department of Corrections website.  He must serve his entire sentence.
 

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It's simple, as applies to your question, the code says:

"(ii)  No person shall be eligible for parole who shall, on or after October 1, 1994, be convicted of robbery, attempted robbery or carjacking as provided in Section 97-3-115 et seq.,through the display of a firearm or drive-by shooting as provided in Section 97-3-109.  The provisions of this paragraph (c)(ii) shall also apply to any person who shall commit robbery, attempted robbery, carjacking or a drive-by shooting on or after October 1, 1994, through the display of a deadly weapon."

So any robbery with a deadly weapon committed after 10/1/94, such as your husband, is not eligible for parole.

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