Oral arg. – COA-May 5, 2016 – p.m.

At 1:3o  the Court will hear Gregory Thinnes v. State

On January 17, 2012 Gregory Thinnes pleaded guilty in  Webster County to Manufacture of Marijuana, Over 1 Kilogram in Jan. 2012.  He was sentenced to 15 years with 3 suspended and 12 to  serve.   For the next 30 months he believing that he was eligible for parole consideration after serving 1/4 of his 12 year sentence. The MDOC believed likewise because the MDOC sent Mr. Thinnes several Inmate Time Sheets that projected his parole eligibility date to be January, 2015.

In June, 2014  Thinnes filed a PCR petition alleging that his attorneys  failed to present the sentencing court with evidence of material facts concerning his medical condition that should have been considered.  A hearing was conducted and the court ruled against him but did not enter a written order.  After that MDOC informed Thinnes that he was not eligible for parole.  Thinnes amended his petition to claim that he pleaded guilty based on erroneous parole advice given his attorneys.  The trial judge, without a hearing, denied relief.  Thinnes appealed.

Thinnes brief

State’s brief

Thinnes’ reply brief

Watch the argument here

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