Sunday, May 28, 2017

D.A. will appeal to Supreme Court

The odds of the continuance of Hinds County District Attorney Robert Shuler Smith's trial scheduled to take place next month just increased.  Mr. Smith filed a notice of appeal with the Hinds County Circuit Court Friday.  Special Circuit Judge Larry Roberts denied the defendant's motion to bar a retrial due to double jeopardy.    Mr. Smith was indicted for improperly helping criminal defendants.  His January trial ended in a mistrial.  However, Mr. Smith has not yet filed an actual appeal.



The mistrial occurred because a JPD employee did not tell the court her true employment when questioned during jury selection.  The D.A. asked the court to bar a second trial in a January 17 motion.  He argued:

Thus, if the juror’s actions were intended either to obtain a conviction based upon improper practice or to provoke a mistrial, a new trial should be barred under the double jeopardy provisions of U.S. Const. Amend. 5 and by Miss.  Const. § 22. See Oregon v. Kennedy, 456 U.S. 667, 669 (1982) (“a defendant may invoke the bar of  double jeopardy in a second effort to try him . . . [in] those cases in which the conduct giving rise to the successful motion for a mistrial was intended to provoke the defendant into moving for a mistrial”).....

Judge Robert denied the motion.  Mr. Smith asked him to reconsider in another motion filed  on May 22.  Judge Roberts denied it as well.

Kingfish note: It will not be surprising if the appeals courts stay the proceedings while it considers the interlocutory appeal when it is actually fied. 



10 comments:

Anonymous said...

He can file a "Notice of Appeal" in the trial court all he wants but unless he files a petition for permission to file an interlocutory appeal in the Miss. S. Ct., he hasn't done anything to actually obtain an interlocutory appeal.

Anonymous said...

And he can file a petition for permission to file an interlocutory appeal a thousand times on this argument if he wants. The argument is a load of horse shit and will be dismissed more quickly than it was raised.

Anonymous said...

I don't see this interlocutoraly appeal going anywhere. Doubt it delays the retrial at all.

Anonymous said...

I don't know why he would want it delayed. The AG's office has the worst conviction rate of any prosecutorial organization in the State. They can't convict anyone. Every press release begins "so and so going to prison after pleading guilty to ..." When was the last time they took a case to trial and won (and let's include actual cases in the responses). Take the Butler case last week, they couldn't win even with Judge Weill bending over backwards to call their ball as strikes.

Anonymous said...

Jim Giddy and Larry Baker got a murder conviction in Lincoln County in 2014 or 15. Did a good job.

Anonymous said...

Yes, the AG's Office has a HORRIBLE conviction rate in Hinds County. I find it so very interesting how the DA's losses make the news
( Jimmy Gates!!) and none of the AG's Office losses make it! Hinds County politics and corrupt cliques are the reason they're in the mess they're in. I pray for DA Smith...

Anonymous said...

The AG's conviction rate isn't just horrible in Hinds, it's a statewide joke.

Anonymous said...

The Office's trial stats are terrible because Hood pays his people a pittance so it's a revolving door. There hasn't been a pay increase since Moore was AG.

Anonymous said...

Alexander and Buckley had a pretty good trial conviction rate for a while. Also Beasley.

Anonymous said...

It all ain't bout Hinds County.

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Trollfest '09

Trollfest '07 was such a success that Jackson Jambalaya will once again host Trollfest '09. Catch this great event which will leave NE Jackson & Fondren in flames. Othor Cain and his band, The Black Power Structure headline the night while Sonjay Poontang returns for an encore performance. Former Frank Melton bodyguard Marcus Wright makes his premier appearance at Trollfest singing "I'm a Sweet Transvestite" from "The Rocky Horror Picture Show." Kamikaze will sing his new hit, “How I sold out to da Man.” Robbie Bell again performs: “Mamas, don't let your babies grow up to be Bells” and “Any friend of Ed Peters is a friend of mine”. After the show, Ms. Bell will autograph copies of her mug shot photos. In a salute to “Dancing with the Stars”, Ms. Bell and Hinds County District Attorney Robert Smith will dance the Wango Tango.

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Trollfest '07

Jackson Jambalaya is the home of Trollfest '07. Catch this great event which promises to leave NE Jackson & Fondren in flames. Sonjay Poontang and his band headline the night with a special steel cage, no time limit "loser must leave town" bout between Alan Lange and "Big Cat"Donna Ladd following afterwards. Kamikaze will perform his new song F*** Bush, he's still a _____. Did I mention there was no referee? Dr. Heddy Matthias and Lori Gregory will face off in the undercard dueling with dangling participles and other um, devices. Robbie Bell will perform Her two latest songs: My Best Friends are in the Media and Mama's, Don't Let Your Babies Grow up to be George Bell. Sid Salter of The Clarion-Ledger will host "Pin the Tail on the Trial Lawyer", sponsored by State Farm.

There will be a hugging booth where in exchange for your young son, Frank Melton will give you a loooong hug. Trollfest will have a dunking booth where Muhammed the terrorist will curse you to Allah as you try to hit a target that will drop him into a vat of pig grease. However, in the true spirit of Separate But Equal, Don Imus and someone from NE Jackson will also sit in the dunking booth for an equal amount of time. Tom Head will give a reading for two hours on why he can't figure out who the hell he is. Cliff Cargill will give lessons with his .80 caliber desert eagle, using Frank Melton photos as targets. Tackleberry will be on hand for an autograph session. KIM Waaaaaade will be passing out free titles and deeds to crackhouses formerly owned by The Wood Street Players.

If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!

This is definitely a Beaver production.

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