Calvin Perry and Marcus Atkins v. Dexter Payne

Summary

The court held that the appellants’ firearm-enhancement parole eligibility must be calculated under the law in effect when their offenses were committed, which permitted eligibility after serving one-third or one-half of the sentence rather than seventy percent. The court also held that sovereign immunity did not deprive the circuit court of subject-matter jurisdiction because it operates as an affirmative defense that must be raised below, and the State had not raised it. The circuit court’s denial of relief was reversed and the matter was remanded with directions to issue the writ of mandamus.