Hesler v. Alcorn County Correctional FacilityAnnotate this Case
Larry Chapin Hesler II, an inmate in the custody of the Mississippi Department of Corrections (MDOC), filed a petition for certiorari review of the Mississippi Court of Appeals’ decision to remand his action to the circuit court for dismissal due to lack of jurisdiction. In 2018, Hesler received a Rule Violation Report (RVR) after his alleged involvement in an altercation with another inmate. Hesler filed a complaint through the MDOC’s Administrative Remedy Program (ARP). The warden upheld the RVR, and Hesler received notice of the final decision on April 17, 2019. Hesler then filed a petition for judicial review to the circuit court, which was later dismissed as untimely. On appeal to the Court of Appeals, Hesler argued the circuit court erred in dismissing his petition as untimely. The Court of Appeals reversed, finding that Hesler mailed his petition for judicial review less than 30 days after he received notice of the final decision, however, he failed to provide notice to the parties of his intent to seek judicial review. Therefore, the appellate court held the circuit court lacked personal jurisdiction, vacated the judgment, and remanded for dismissal. The Mississippi Supreme Court found the Court of Appeals majority erred, and reversed the decisions of the Court of Appeals and the circuit court.