Fortson v. Hargett

JAMES L. ROBERTS, Jr., Justice,

for the Court:

On July 17,1992, O.L. Fortson, Jr., filed in the Circuit Court of Sunflower County, Mississippi, a Petition for Post-Conviction Collateral Relief/Motion for Reinstatement of Parole alleging unlawful and unconstitutional revocation of parole. The Circuit Court dismissed the petition as time barred. Feeling aggrieved by this decision, Fortson perfected this appeal.

Pursuant to Miss.Code Ann. § 99-39-5(2) (1994) “cases in which the prisoner claims that his ... parole or conditional release has been unlawfully revoked” are exempt from the…