Mississippi

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

Published

2 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

Mississippi deer season 2024-25: Where to take tissue samples for CWD testing

Published

1 hour ago

September 27, 2024

Press Room

Mississippi deer season 2024-25: Where to take tissue samples for CWD testing

Hunters are asked to submit deer heads at locations across Mississippi to help MDWFP manage the disease which is always fatal for deer.

In the continued effort to manage chronic wasting disease in Mississippi’s deer herd, the Mississippi Department of Wildlife, Fisheries and Parks is again asking hunters to have their deer tested for CWD. Since the disease was first detected in Mississippi in 2018, there have been 318 cases in the state as of Sept. 27.

According to MDWFP, knowing where the disease is in the state allows the department to put special regulations in place to help slow the spread of the disease, which is always fatal in deer. Also, hunters should be know if their deer is infected because even though there have been no documented cases of CWD in humans, the CDC warns people against eating the meat of an infected deer.

The department has placed freezers at 59 locations across the state where hunters can leave heads for testing. Antlers may be removed before dropping off the heads and hunters are asked to leave at least 6 inches of neck attached to the heads and to keep the heads cool or frozen before submitting them.

Chronic wasting disease testing drop-off sites

Love VFD7345 US 51 SouthHernando, MS 3863234.7526, -89.9913
Mt. Pleasant VFD194 Mt. Pleasant RoadRed Banks, MS 3866134.9561, -89.5226
Wall Doxey State Park3946 MS 7Holly Springs, MS 3863534.6630, -89.4647
Benton County 911 Dispatch368 Ripley AvenueAshland, MS 3860334.8326, -89.1813
Walnut VFD660 Main StreetWalnut, MS 3868334.9405, -88.9013
MSU Extension Office2200 Old Hwy 45 SouthCorinth, MS 3883434.9125, -88.5465
Tishomingo County Fairgrounds108 County Road 187Iuka, MS 3885234.7882, -88.2178
Hell Creek WMA4120 County Road 825Myrtle, MS 3865034.6199, -89.0644
Panola County EMS100 MSG William J Ferrell DriveSardis, MS 3866634.4400, -89.8997
Fire Station 1401 McElroy DriveOxford, MS 3865534.3800, -89.5318
New Albany Fairgrounds112 Fairgrounds CircleNew Albany, MS 3865234.5127, -89.0329
Pontotoc Ag Center430 CJ Hardin Jr. DrivePontotoc, MS 3886334.2552, -89.0286
Elvis Presley Lake272 Road 995Tupelo, MS 3882634.3046, -88.6474
Canal Section WMA HQ5705 MS 178 WestFulton, MS 3884334.2614, -88.4511
O’Keefe WMAO’Keefe RoadLambert, MS 3864334.1165, -90.2735
North Region Office457 County Road 36Enid, MS 3892734.1565, -89.9127
MDOT Maintenance HQ32988 MS 32Oakland, MS 3894834.0057, -89.9806
Chickasaw WMA770 MS 32 ExtHouston, MS 3885133.9861, -88.9356
Dahomey NWR831 MS 446Boyle, MS 3873033.7042, -90.9108
Deviney WMA171 Hughes-Ertle RoadIndianola, MS 3875133.5876, -90.6361
Fire Department #4412 MS 7Greenwood, MS. 3893033.5209, -90.1514
Malmaison WMA126 Malmaison HQ RoadHolcomb, MS 3894033.6840, -90.0512
MS Forestry Commission1801 US 51 SouthGrenada, MS 3890133.6991, -89.7629
American Legion Building8243 MS 9Eupora, MS 3974433.6311, -89.2877
Trim Cane WMA2025 North Jackson StreetStarkville, MS 3975933.5248, -88.8462
Black Prairie WMA744 Fire Tower RoadCrawford, MS 3974333.3396, -88.5618
Choctaw WMA2121 Webster RoadAckerman, MS 3973533.2737, -89.1267
Yockanookany WMA28329 MS 12McCool, MS 3910833.1665, -89.4258
Fire Station 3257 Gum StreetPhiladelphia, MS 3935032.7744, -89.1215
Holmes County State Park5369 State Park RoadDurant, MS 3906333.0271, -89.9206
District 3 VFD171 Old Benton RoadYazoo City, MS 3919432.8411, -90.3840
Yazoo NWR728 Yazoo Refuge RoadHollandale, MS 3874833.0700, -90.9778
Valley Park Community Center64 Kelso RoadValley Park, MS 3917732.6335, -90.8709
Mahannah WMA1370 Anderson-Tully RoadRedwood, MS 3915632.5490, -90.8708
Phil Bryant WMA11641 MS 465Vicksburg, MS 3918332.4556, -90.9733
Communication Specialist760 US 61 NorthVicksburg, MS 3918332.3552, -90.8283
LeFleur’s Bluff State Park3315 Lakeland TerraceJackson, MS 3921632.3317, -90.1499
Pearl River WMA506 MS 43 SouthCanton, MS 3904632.5234, -89.9704
Caney Creek WMA6373 West Moore Tower RoadForest, MS 3907432.3247, -89.5051
Collinsville VFD11710 Nancy DriveCollinsville, MS 3932532.4974, -88.8475
All Creatures Veterinary Hospital1011 St. Mark DrivePort Gibson, MS 3915031.9675, -90.9802
Canemount WMA17059 Rodney RoadPort Gibson, MS 3915031.9233, -91.1305
MSU Extension Office2040 West Gallman RoadHazlehurst, MS 3908331.9252, -90.4073
MSU Extension Office2785 US 49Mendenhall, MS 3911431.9210, -89.8112
MSU Extension Office101 Westwood AvenueQuitman, MS 3935532.0426, -88.7395
Natchez State Park230-B Wickcliff RoadNatchez, MS 3912031.6026, -91.2347
Jeff Davis Lake16 Lake DrivePrentiss, MS 3947431.5649, -89.8444
MSU Extension Office68 Collins Industrial Park DriveCollins, MS 3942831.6757, -89.5864
Bogue Homa Lake149 Bogue Homa Lake RoadLaurel, MS 3944331.7027, -89.0246
Wilkinson County Sheriff1389 US 61 SouthWoodville, MS 3966931.0861, -91.3002
Pike County Co-Op105 Nehi CircleMcComb, MS 3964831.2308, -90.4517
Marion County WMA652 Game Reserve RoadColumbia, MS 3942931.1741, -89.7327
Purvis VFD805 Main StreetPurvis, MS 3947531.1517, -89.4122
Leaf River WMAForest Service Road 353McLain, MS 3945630.9902, -88.8651
Pearl River County Fairgrounds124 Rodeo StreetPoplarville, MS 3947030.8329, -89.5474
Emergency Operations Center18333 MS 603Kiln, MS 3955630.4369, -89.4327
Little Biloxi WMA HQHickman Tower RoadPerkinston, MS 3957330.7337, -89.2635
Fire Station 823560 Old Still RoadSaucier, MS 3957430.6325, -89.1384
Lower Pascagoula WMA816 Wade Vancleave RoadMoss Point, MS 3956530.5668, -88.6307

Do you have a story idea? Contact Brian Broom at 601-961-7225 or bbroom@gannett.com.

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Mississippi

Mississippi State Prepares for Arch Manning as True Freshman QB Makes First Start

Published

9 hours ago

September 27, 2024

Press Room

Mississippi State Prepares for Arch Manning as True Freshman QB Makes First Start

STARKVILLE, Miss. – Mississippi State football gets the unfortunate distinction of welcoming the Manning family back to SEC when it faces No. 1 Texas on Saturday.

It’s unclear who will start at quarterback for the Longhorns, but with Quinn Ewers being listed as questionable in the latest Student-Athlete Availability Report, Bulldog fans shouldn’t be surprised to see Arch Manning lined up at quarterback Saturday afternoon.

The Bulldogs are dealing with their own quarterback injuries, but their starting quarterback has already been announced.

When Blake Shapen suffered the shoulder injury today that will require season-ending surgery, true freshman QB Michael Van Buren came in.
He was 7/13 for 100 yards. Here’s a look at what he brought to the table this afternoon for #MississippiState: pic.twitter.com/arHWvBL0El
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— Jon Sokoloff (@JonSokoloff) September 22, 2024

True freshman Michael Van Buren will start for Mississippi State against the top-ranked Longhorns and their defense that ranks fifth nationally in total defense.

It may be the most difficult first-time collegiate start considering how the Bulldogs have performed in the first four games of 2024 (1-3 overall, 0-1 SEC). Van Buren, a 4-star recruit, faces a Goliath that David-himself might not want to face.

But, nevertheless, kickoff is scheduled for 3:15 p.m. Saturday.

Score a touchdown?

That may seem like a low hurdle to clear, but consider what it would mean for Van Buren to score the first touchdown of the season against the Longhorns’ defense?

Colorado State, Michigan, UTSA and Louisiana-Monroe all failed to score a touchdown against Texas. If Van Buren can throw a touchdown pass or run for one, that’ll be a huge indicator of his potential.

Gearin’ Up for a 𝙎𝙃𝙊𝙒𝘿𝙊𝙒𝙉#SHOWTIME | #HailState pic.twitter.com/0bnS8LLo2j
— Mississippi State Football (@HailStateFB) September 26, 2024

To be blunt, Van Buren leading a drive that ends with a touchdown of any kind should be considered a success.

Yes, it’s a low hurdle. But maybe it isn’t so low if you consider Texas is nearly a 40-point favorite to win Saturday at DKR-Memorial Stadium.

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Mississippi

Texas vs Mississippi State: Three Bulldog Defensive Players to Watch

Published

20 hours ago

September 26, 2024

Press Room

Texas vs Mississippi State: Three Bulldog Defensive Players to Watch

Mississippi State football will look to end its three-game losing streak against the nation’s number-one team, Texas. None of the struggles this season for Mississippi State under first-year head coach Jeff Lebby are as prevalent as the defense’s poor play.

The Mississippi State defense has been atrocious, giving up 45 points last week to a struggling Florida offense. However, the group can rally the troops in a huge game, but who will need to step up for that to happen?

Sep 7, 2024; Tempe, Arizona, USA; Mississippi State Bulldogs defensive lineman Trevion Williams (23) against the Arizona State Sun Devils at Mountain America Stadium. Mandatory Credit: Mark J. Rebilas-Imagn Images / Mark J. Rebilas-Imagn Images

Trevion Williams

The Mississippi State defensive line has been problematic in terms of play and injuries this season. Williams garnered a lot of hype coming into the season due to his talent but had struggled with injuries in the past.

However, the former four-star has remained healthy this season but has produced little to no value. Someone on this defensive line has to step up and make an impact, and Willams has by far the most upside, but he has to show it on the field.

Aug 31, 2024; Starkville, Mississippi, USA; Mississippi State Bulldogs cornerback Kelley Jones (1) reacts with fans after the game against the Eastern Kentucky Colonels at Davis Wade Stadium at Scott Field. Mandatory Credit: Matt Bush-Imagn Images / Matt Bush-Imagn Images

Kelley Jones

Jones was another guy who came into the season with a lot of hype and has played well for a redshirt freshman. However, the speedy corner has yet to force a turnover, and if Mississippi State wants to pull the upset, forcing a couple of mistakes is vital.

Texas will undoubtedly test the Mississippi State secondary early in this game, and if Jones can make a play, it may cause the Longhorns to adjust their game plan.

Florence OL Zakari Tillman (7) pushes past Jim Hill’s defense during play in Florence, Miss., Thursday, Sept. 15, 2022.

Tcl Jim Hill Vs Florence / Barbara Gauntt/Clarion Ledger / USA TODAY NETWORK

Zakari Tillman

With this season being a rebuilding year for Mississippi State, many young players will likely get extended reps in games. Tillman looks impressive when he is on the field, and he is the size of an SEC linebacker.

The Florence, Miss. native will face his stiffest test to this point in his career. How will he respond?

Mississippi State Football: How the Bulldogs Can Show Progress Against Texas

Mississippi State Football: Freshman QB to Start Against No. 1 Texas

Mississippi State’s Jeff Lebby Makes Key Adjustments vs. Florida, Inspires Hope

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