Legal Opinion

Peters v. State

Court of Appeals of Mississippi

Decided January 3, 2006No. 2005-CP-00236-COAPublishedCited by 1 opinion

1Opinion of the Court

IRVING, J.,

for the Court.

¶ 1. Henry Peters filed a civil complaint against the Commissioner of the Mississippi Department of Corrections, alleging that Peters’s ‘fifteen percent earned time allowance should not be spent on earned release supervision (ERS). The court below dismissed the complaint for failure to state a claim upon which relief may be granted. Aggrieved, Peters appeals and asserts sixteen issues, all of which can be dispensed with by answering the following question: should the fifteen percent earned time reduce Peters’s sentence and allow him to “flat-time” after serving…

2Cases cited2 opinions

  1. Peoples Bank v. D'Lo Royalties, Inc.Mississippi Supreme Court · 1968
  2. Williams v. WhitfieldMississippi Supreme Court · 1964

3Cited by1 opinion

  1. Stephen Montalto v. MS Department of CorrectionsCourt of Appeals for the Fifth Circuit · 2019

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