Lee v. BookerAnnotate this Case
After a legislative overhaul of the probation and parole statutes, John Booker, a parole-eligible inmate, requested a case plan pursuant to Mississippi Code Section 47-7-3.1. The Mississippi Department of Corrections (MDOC) denied Booker’s request, stating that the statute did not apply retroactively. The Circuit Court reversed the MDOC’s denial of Booker’s request and found that the statute applied retroactively and that Booker was eligible for a case plan. On December 8, 2016, the Mississippi Supreme Court held that Mississippi Code Section 47-7-3.1 “does not clearly and unequivocally express an intention for retroactive applicability.” Thus, pursuant to Supreme Court precedent, because Booker was convicted prior to July 1, 2014, Booker was not eligible to receive a parole case plan under Section 47-7-3.1.