Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Help support the publication of case reports on MoreLaw
Brian Williams a/k/a Bryan Williams a/k/a Brian Andrew Williams v. State of Mississippi
Case Number: 2019-CP-01652-COA
Judge: Anthony “Tony” Lawrence III
Court: IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI
Plaintiff's Attorney: OFFICE OF THE ATTORNEY GENERAL
BY: DARRELL CLAYTON BAUGHN
Call 888-853-4800 if you need a Criminal Defense Attorney in Mississippi
On October 26, 2009, Brian Williams pled guilty to armed robbery and aggravated
assault. The circuit court sentenced Williams to serve concurrent terms of eighteen years
for each count in the custody of the Mississippi Department of Corrections (MDOC), with
thirteen years to serve, and placed him on five years of post-release supervision. Williams
contends that he is eligible for trusty-earned time pursuant to Mississippi Code Annotated
Section 47-5-138.1 (Rev. 2015). He filed a request for relief through the MDOC
administrative remedy program. The MDOC denied his request, stating that Williams was
prohibited from receiving trusty-earned time based on his armed-robbery conviction.
Williams then filed a “Motion for Judicial Review” in the Sunflower County Circuit Court,
which also found him ineligible. Because Williams was convicted of armed robbery and
therefore barred from trusty-earned time under Mississippi Code Annotated sections
47-7-3(l)(c)(ii) (Rev. 2015), 47-5-138.1(2)(d) (Rev. 2015), 47-5-139(1)(e) (Rev. 2015), we
STANDARD OF REVIEW
¶2. “The Court will not disturb a decision of an administrative agency, like the
Department [of Corrections], unless the decision is unsupported by substantial evidence, is
arbitrary or capricious, is beyond the agency’s scope or powers, or is a violation of the party’s
constitutional rights.” Thomas v. Miss. Dep’t of Corr., 248 So. 3d 786, 789 (¶8) (Miss.
¶3. Williams asserts that he is entitled to trusty-earned time credit. However, Mississippi
Code Annotated section 47-7-3(l)(c)(ii) explicitly states that a person convicted of armed
robberycan never be eligible for parole. Further, Williams maynot accrue trusty-earned time
pursuant to sections 47-5-138.1(2)(d) and 47-5-139(1)(e). See Neal v. MDOC Records
Dep’t, 115 So. 3d 894, 895-96 (¶4) (Miss. Ct. App. 2013); accord Wells v. State, 936 So. 2d
479, 480 (¶5) (Miss. Ct. App. 2006); Bosarge v. State, 141 So. 3d 24, 27 (¶10) (Miss. Ct.
App. 2014). Therefore, the circuit court correctly dismissed Williams’s motion.