Mississippi

Mississippi Supreme Court Confirms Man’s Life Sentence for Marijuana Possession

Published

3 years ago

June 20, 2022

Mississippi Supreme Court Confirms Man’s Life Sentence for Marijuana Possession

A divided Supreme Courtroom of Mississippi upheld a prisoner’s sentence of life imprisonment for possession of marijuana below the state’s violent routine offender legislation.

The affirmation of the sentence comes as legal guidelines relating to marijuana are being loosened nationwide.

A Buffalo Regulation Evaluation article by Paul J. Larkin Jr. titled “Hashish Capitalism” from a 12 months in the past, factors out that at the moment, 36 states had medical marijuana packages and 14 states—plus the District of Columbia—now permit it for use recreationally.

Mississippi itself created a medical marijuana program when a state statute was signed into legislation on Feb. 2, 2022.

The defendant, Allen Russell, argued that the life sentence with out the opportunity of parole violated his proper below the Eighth Modification to the U.S. Structure to be free from merciless and strange punishment, alongside along with his constitutional proper to not be subjected to ex put up facto legal guidelines.

Article 1, Part 9 of the Structure forbids Congress from retroactively criminalizing conduct; Article 1, Part 10 of the Structure applies the identical prohibition to the states.

The Courtroom of Appeals stalemated in October 2019, voting 5–5 on his attraction, which had the impact of upholding the sentence.

On June 16, the Supreme Courtroom of Mississippi voted 6–3 to uphold the sentence below the routine offender provisions of the Mississippi Code.

“As a result of the trial choose adopted the legislation to the letter, we affirm,” the bulk opinion (pdf) written by Justice Robert P. Chamberlin acknowledged. “The trial choose didn’t have sentencing discretion on this case.”

In keeping with the opinion’s abstract of the details, Hattiesburg Police Division officers executed a search warrant at Russell’s dwelling and located 5 baggage of marijuana weighing 79.5 grams, or simply over 2.5 ounces.

A forensic evaluation decided the mixed weight of two of the luggage was 43.71 grams, so the remaining baggage weren’t examined as a result of the brink weight for a possession cost had already been met.

Russell was indicted on one depend of possessing greater than 30 grams however lower than 250 grams of marijuana and for being a violent routine offender below Mississippi Code Part 99-19-83.

A jury convicted Russell on the possession cost.

On the sentencing listening to, the trial court docket rejected Russell’s constitutional objections.

State prosecutors offered proof of his prior felony convictions—two for housebreaking of a dwelling and one for possession of a firearm whereas being a convicted felon.

The court docket discovered Russell was a violent routine offender and handed down the life sentence with out eligibility for probation or parole.

Chief Justice Michael Randolph wrote in a separate concurring opinion that it was “pertinent to notice that the arrest got here whereas legislation enforcement was making an attempt to serve one other drug-related warrant on Russell in addition to execute a search warrant on his premises.”

The search warrant happened when Russell was investigated as a suspect in a homicide in a resort room by which a medical doc naming Russell was discovered, Randolph wrote.

Russell didn’t cooperate with police and “chemical gasoline needed to be deployed to acquire Russell’s give up,” the chief justice added.

All through his felony profession, Russell, who “isn’t any stranger to the felony justice system,” had been handled leniently by the courts.

“Russell has obtained a harsh punishment not as a result of he possessed a small quantity of marijuana, however as a result of he has repeatedly refused to abide by the legal guidelines enacted to guard all of the residents of our state,” Randolph wrote.

Justice Josiah Coleman wrote a dissenting opinion—joined by two justices—by which he instructed that Russell had been handled shabbily by the courts on this case.

A scarcity of authorized certainty exists relating to Russell’s felony historical past, Coleman wrote, declaring that “housebreaking was not thought of a per se crime of violence till” state legislation made it so on July 1, 2014.

Russell “pled responsible to 2 counts of housebreaking in 2004,” however earlier than the legislation was modified in 2014, “housebreaking was solely thought of against the law of violence if precise violence passed off in the course of the housebreaking.”

“We have no idea whether or not Russell’s burglaries concerned precise violence, however the truth that he was allowed the chance by the sentencing court docket to take part within the Regimented Inmate Self-discipline Program tends to point they didn’t.”

Coleman wrote he would have remanded the case to the trial court docket to re-examine the Eighth Modification difficulty and for re-sentencing.

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Matthew Vadum is an award-winning investigative journalist and a acknowledged professional in left-wing activism.

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Mississippi

AstraZeneca Loses Bid to Block Mississippi Drug Discount Law

Published

54 minutes ago

December 23, 2024

Press Room

AstraZeneca Loses Bid to Block Mississippi Drug Discount Law

AstraZeneca PLC’s attempt to block a Mississippi law that requires it to distribute discounted drugs to an unlimited number of pharmacies was rejected by a federal judge Monday.

The pharmaceutical giant has not demonstrated a substantial likelihood of success on the merits as to any of its claims against Mississippi’s law (H.B.728), according to an opinion from Judge Louis Guirola Jr. at the US District Court for the Southern District of Mississippi.

At issue before the court was whether the law, which outlaws any effort to deny, restrict, or prohibit drug discounts to pharmacies that contract with providers …

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Mississippi

Mississippi Lottery: Mega Millions prize is $944M for Dec. 24 drawing.

Published

12 hours ago

December 23, 2024

Press Room

Mississippi Lottery: Mega Millions prize is 4M for Dec. 24 drawing.

Someone could be in for a very merry Christmas. The Mega Millions jackpot for Christmas Eve is an estimated $944 million. Bringing home the better part of a billion dollars would make just about anyone’s day merry and bright.

The winning numbers will be drawn just after 10 p.m. Central, and the cash option is $429.4 million.

A $1.1 billion-winning ticket was sold in New Jersey earlier this year, and that prize hasn’t been claimed. Winners in New Jersey have up to a year to claim a jackpot.

In Mississippi, drawing winners must claim their prize within 180 days, and if you win, you can claim it anonymously.

Here’s what you need to know about top jackpots and how to play Mega Millions in Mississippi, including where you can buy tickets and how to claim the prize if you win.

Where can you buy lottery tickets?

Tickets can be purchased in person at gas stations, convenience stores and grocery stores. Some airport terminals may also sell lottery tickets.

How to play the Mega Millions

In order to buy a ticket, you’ll have to visit your local convenience store, gas station or grocery store. In a handful of states, you can purchase tickets online, but Mississippi isn’t one of them.

To play, you will need to pick six numbers. Five numbers will be white balls ranging from 1 to 70. The gold Mega Ball is one number between 1 and 25.

If you believe the odds are against you, ask for a ”Quick Pick” or an ”Easy Pick,” the computer will randomly generate the numbers for you.

Players can add the ”Megaplier” for $1, which can increase non-grand prize winnings by two, three, four or five times. The Megaplier is drawn before the Mega Millions numbers on Tuesday and Friday.

There are 15 Megapiler balls in all:

2X, five balls.
3X, six balls.
4X, three balls.
5X, one ball.

What are the top Mega Millions jackpots?

According to the lottery, the following jackpots are the Top 10 jackpots that have been won as of Oct. 4:

$1.602 billion, Aug. 8, 2023; a Florida player
$1.537 billion, Oct. 23, 2018; a South Carolina player
$1.348 billion, Jan.13, 2023; a Maine player
$1.337 billion, July 29, 2022; an Illinois player
$1.128 billion, March 26, 2024; a New Jersey payer
$1.050 billion, Jan. 22, 2021; a Michigan player
$810 million, Sept. 10, 2024; a Texas player
$656 million, March 30, 2012; a player from Illinois, Kansas and Maryland
$648 million, Dec. 17,2013; a player from California and Georgia
$552 million, June 4, 2024; an Illinois player

I won the lottery in Mississippi! What next?

The Mississippi Lottery advises people to sign the back of their winning ticket immediately.

If your prize is less than $600, you can claim that at any place that sells Mississippi Lottery tickets.

If you win $600-$99,999, you can claim by mail or by going to the Mississippi Lottery Headquarters in Flowood.

All prizes more than $100,000 must be claimed at the Mississippi Lottery Headquarters.

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Texas A&M transfer edge rusher Malick Sylla signs with rival SEC school

Published

20 hours ago

December 23, 2024

Press Room

Texas A&M transfer edge rusher Malick Sylla signs with rival SEC school

Former Texas A&M edge rusher Malick Sylla will transfer to play for Mississippi State this upcoming season, On3’s Pete Nakos reported. Sylla played the past three seasons with the Aggies and will have one year of eligibility remaining.

The 6-foot-6 edge rusher appeared in eight games this past season to finish with six total tackles and two sacks. He played in 33 total contests across his career in College Station to record 26 tackles (six for loss) and four sacks.

Sylla played high school football for Katy (TX), where he was a four-star prospect out of the 2022 class. He ranked as the No. 124 overall player and No. 12 edge rusher in the cycle according to the On3 Industry Ranking, a weighted average that utilizes all four major recruiting media companies.

“It was just the best opportunity for myself,” explained the 6-foot-6 and 245-pound Sylla to Maroon and White Daily. “I saw an opportunity to help them turn the program around. I have one year left and I want to make the most of that opportunity.”

Prior to his commitment to the Bulldogs, Sylla also made visits with Syracuse and SMU. He is the 14th overall player and the second edge rusher that MSU has added through the portal so far, joining Nevaeh Sanders from Northern Illinois.

Malick Sylla ranks as the No. 295 overall player and No. 29 edge rusher according to On3’s Transfer Portal Player Rankings. He joins a Mississippi State team that is coming off of a 2-10 finish in the inaugural season under coach Jeff Lebby and will look to help bolster a unit that ranked last in the SEC in total defense.

The portal officially opened on Monday, Dec. 9, 2024. More than 2,800 FBS scholarship players entered their names into the NCAA’s transfer database during the 2023-24 school year. Removing those who withdrew or went pro, the final total sat at 2,707 transfers.

So far this cycle, 2,079 players have entered the transfer portal with 551 of those already having committed to new schools.

To keep up with the latest players on the move, check out On3’s Transfer Portal wire.

The On3 Transfer Portal Instagram account and Twitter account are excellent resources to stay up to date with the latest moves.

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