|
No. 120991
| James
Jones, |
|
Bridget
McCormack (734) 763-4319 |
|
Plaintiff-Appellee,
|
|
|
| vs (Appeal
from Ct of Appeals) |
|
|
|
(Lenawee
-- Picard, J.)
|
|
|
| Department of Corrections, |
|
Thomas L. Casey |
|
Defendant-Appellant.
|
|
Jason Julian (517) 335-7021 |
Click to view briefs in Adobe format:
Plaintiff-Appellee's Brief on Appeal>>
Defendant-Appellant's Brief on Appeal>>
Background
James Jones was convicted of a controlled substance offense and
sentenced to 6 to 20 years in prison. He was released on parole on October
2, 1998. On March 11, 2001, Jones was arrested by the Ypsilanti Police
following a traffic stop made when the police saw a passenger throw
a bottle from the car. While the passenger was outside the vehicle talking
to the police, Jones sped away and eluded the officers. He was later
arrested and charged with obstruction of justice. On March 12, three
charges of parole violation were brought against Jones. The charges
were that Jones failed to report to his parole agent on February 13,
tested positive for cocaine on February 6, and tried to elude the police
on March 11. Thirty-nine days later, Jones was arraigned on those charges.
He did not contest the first two, but denied the third. A formal hearing
was held on May 16, 66 days after the charges were filed. The hearing
officer dismissed the third count because the hearing was more than
45 days after plaintiff was available for return to the Department of
Corrections. Ultimately, however, the hearing officer recommended revocation
of parole based on the first two counts. The officer recommended that
Jones continue to be incarcerated for 18 months before further parole
consideration. The Parole Board adopted that recommendation. The Court
of Appeals reversed and ordered Jones discharged from prison, stating
that the parole violation charges must be dismissed because the hearing
was not held within 45 days. The Department of Corrections appeals.
|
