Ducksworth v. State
Court of Appeals of Mississippi
1Opinion of the Court
MAXWELL, J„
for the Court:
¶ 1. Michael Ducksworth’s motion for post-conviction relief (PCR) claiming an “illegal-sentence” is really a challenge to his parole-eligibility date. The Forrest County Circuit Court found Ducksworth’s motion was untimely based on the PCR statute’s three-year time-bar. We too find Ducksworth’s motion was filed too late— not because of the PCR statute’s three-year time limit but because the issue of his parole eligibility is moot.
¶2. A case is moot when a the relief sought would be of no practical benefit. By the time Ducksworth filed his motion, the Mississippi…
2Cases cited10 opinions
- Ivy v. StateMississippi Supreme Court · 1999
- Gartrell v. GartrellMississippi Supreme Court · 2006
- Vice v. StateMississippi Supreme Court · 1996
- Fails v. Jefferson Davis County Public School BoardMississippi Supreme Court · 2012
- Lattimore v. SparkmanCourt of Appeals of Mississippi · 2003
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Davarrius Brown v. State of MississippiCourt of Appeals of Mississippi · 2017
- Michael Ducksworth v. State of MississippiCourt of Appeals of Mississippi · 2015
- Michael Ducksworth v. State of MississippiCourt of Appeals of Mississippi · 2015