Stephen Montalto v. State of Mississippi

McCARTY, J., SPECIALLY CONCURRING:

¶16. While I acknowledge that we must follow applicable precedent in reversing the circuit court's jurisdictional ruling, all this does is delay the inevitable. Under precedent it is clear that Mr. Montalto was never legally eligible for earned-release supervision (ERS). I write separately to emphasize that what we are bound to do today unnecessarily lengthens the resolution of Mr. Montalto's claim, burdening the petitioner as well as our circuit court.

¶17. In general, the Court of Appeals is "able to affirm [a] circuit court because of the longstanding rule…