Bradley v. State, 50227
| Decision Date | 01 March 1978 |
| Docket Number | No. 50227,50227 |
| Citation | 355 So.2d 675 |
| Parties | Ronald Eugene BRADLEY and Bevie Smith Bradley v. STATE of Mississippi. |
| Court | Mississippi Supreme Court |
Ronald Reid Welch, Jackson, Pack, Ratcliff & Thaxton, David M. Ratcliff, Laurel, for appellants.
A. F. Summer, Atty. Gen., by Pete J. Cajoleas, Sp. Asst. Atty. Gen., Jackson, for appellee.
Before SMITH, ROBERTSON and LEE, JJ.
LEE, Justice, for the Court:
Ronald Eugene Bradley filed a Petition for Writ of Habeas Corpus alleging illegal detention by the Mississippi Department of Corrections as a result of his arrest pursuant to execution of a warrant of January 14, 1974, for retaking work-releasee. The petition further alleged that it was filed on behalf of all past, current and future work-releasees of the Mississippi Department of Corrections. Joined as petitioners were Beverly Smith Bradley, wife of Ronald Eugene Bradley, on behalf of all spouses and dependents of past, current and future work-releasees of the Mississippi Department of Corrections, and Lomax Printers and Stationers, Inc., employer of Ronald Eugene Bradley, work-releasee, on behalf of all Mississippi employers of past, current and future work-releasees of the Mississippi Department of Corrections. In addition to praying for Bradley's release from custody, the petition prayed for declaratory, injunctive and mandatory relief, damages to Beverly Smith Bradley (wife) and damages to Lomax Printers and Stationers, Inc. (employer).
The petition was heard by the Circuit Court of Sunflower County, Honorable Arthur B. Clark presiding, and, at the conclusion of the hearing, the Court ordered that petitions of Lomax and Beverly Smith Bradley be dismissed for lack of jurisdiction, and all other relief requested in the nature of a class action, equitable and injunctive relief, claims for damages and attorneys' fees be denied as not being within the jurisdiction of the court, and the petition was dismissed as to Ronald Eugene Bradley.
On November 4, 1977, appellee, State of Mississippi, filed in this Court a plea in bar to the action and attached thereto an affidavit of B. C. Ruth, Director of Records, Mississippi State Penitentiary, along with exhibits. On February 1, 1978, appellee filed a supplemental exhibit to the plea in bar being an affidavit by B. C. Ruth dated January 23, 1978, which indicated that the said Ronald Eugene Bradley was discharged January 21, 1978, from Mississippi State Penitentiary upon expiration of sentence.
Mississippi Code Annotated Section 11-43-1 (1972) sets out in what cases the writ of habeas corpus applies:
"The writ of habeas corpus shall extend to all cases of illegal...
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