Missisisppi’s appeals court on Tuesday rejected the state attorney general’s office request to vacate its decision to free a man, who later received clemency, for spending five more years in prison than the maximum for his crime. 

On Dec. 11, a day after Gov. Tate Reeves commuted the sentence of Marcus Taylor, the attorney general’s office asked the Court of Appeals to vacate its Nov. 18 opinion and dismiss Taylor’s post-conviction appeal, arguing clemency rendered them moot.

Taylor was convicted in 2015 for a drug sale charge that was meant to have a five-year maximum sentence. Instead, he received 15 years. 

The 43-year-old father of two was released from prison last week, according to his attorney, Joe Hemleben. 

On Tuesday, Hemleben said the court’s decision could create a path to relief for those in prison serving illegal sentences, even while there is a time limit to filing post-conviction relief claims. 

In court filings opposing the attorney general’s motion, he argued that dismissing Taylor’s case would have left Reeves’ clemency order without legal basis. Reeves cited the appeals court decision in granting Taylor’s clemency.

“The State’s motion effectively asks this Court to subordinate the Judicial Branch to post-decision action by the Executive Branch,” the response in opposition states. “That position is incompatible with fundamental separation-of-powers principles. Executive clemency does not divest the judiciary of its authority to decide cases, issue opinions, or preserve precedent.” 

A dismissal could have also prevented Taylor from being able to seek compensation for his wrongful sentencing, his attorney argued. 

The attorney general’s office has 14 days to file an appeal of the Tuesday decision with the Mississippi Supreme Court.