Oral arg. – Miss.S.Ct. – Sept. 20, 2016

At 10:00 a.m., the Miss.S.Ct. will hear the case of Marshall Fisher v. Michael Drankus regarding parole eligibility.

In 1987 Michael Drankus  was convicted of  capital murder, robbery, and residential burglary and sentenced to life imprisonment for  capital murder,  five years for the robbery and five years for the  residential burglary.  He was released on parole on January 5, 2001, but was revoked on March 21, 2006 for various violations including operating a motor vehicle while intoxicated and resisting law enforcement.  Drankus was  released on parole a second time on May 31, 2007, but was returned on June 6, 2012 for parole violations including assault on a law enforcement officer, felony battery and public intoxication.

On August 25, 2014, Drankus filed a  grievance with  MDOC’s Administrative Remedy Program (“ARP”) arguing that  he should be issued a parole case plan and be eligible for “presumptive parole” due to statutory provisions passed in House Bill 585.  MDOC argued that  he is ineligible to receive a parole case plan since he was sentenced in 1987, more than twenty-eight years prior to the effective date of HB 585 and the law is not retroactive.

Drankus appealed the decision to the Circuit Court of Sunflower County, Mississippi, which  partially granted Drankus’ request for relief holding that Drankus  is entitled to receive a case plan pursuant to Miss. Code Ann. §47-7-3.1. MDOC appealed.

marshall-fishers-brief

drankus-brief

fishers-reply-brief

Watch the argument here

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