Guardian ad Litem
Miss. Code Ann. § 43-21-121(4) states: “The court may appoint either a suitable attorney or a suitable layman as guardian ad litem. In cases where the court appoints a layman as guardian ad litem, the court shall also appoint an attorney to represent the child. From and after January 1, 1999, in order to be eligible for appointment as guardian...[ read more ]
Armed Robbery
Mississippi Code Annotated MS Code § 97-3-79 (2013) Every person who shall feloniously take or attempt to take from the person or from the presence the personal property of another and against his will by violence to his person or by putting such person in fear of immediate injury to his person by the exhibition of a deadly weapon shall be...[ read more ]
Trespassing
A person can be charged with trespassing in Mississippi when he “willfully or maliciously” trespasses upon the property of another person. Trespassing is a misdemeanor, and carries a potential sentence of up to six (6) months in jail and a $500.00 fine. Mississippi law further makes trespassing upon “enclosed land” a crime. To be charged with trespassing in Mississippi under the...[ read more ]
Possession of Stolen Property
A person is guilty of possession of stolen property or receiving stolen property under Mississippi law if he intentionally possesses, receives, retains or disposes of stolen property. Mississippi law requires that a person charged with receiving or possession of stolen property either (1) know that the property is stolen, or (2) have reasonable grounds to believe that the property is...[ read more ]
Felony Child Neglect in Mississippi
Felony Child Neglect under Miss. Code Ann. § 97-5-39 Child neglect is when a parent or other person responsible for a child’s care and support neglects or refuses to care for the child's health, morals or well-being, when able to do so, such as failing to provide food, proper education, and medical or surgical care (unless religious beliefs prevent certain forms of medical care)....[ read more ]
Guest of a Guest/Tenant and the Duty of Care
It has long been established that an individual who rents from another is an "invitee" and is owed a duty of ordinary care by the landlord to keep the premises reasonably safe. Mississippi courts have held that a person who is on the rental property at the invitation of the tenant is owed the same duty. In Joiner v. Haley,...[ read more ]
Enhanced Sentencing for Drug Trafficking Resulting in Death
21 U.S.C.§§ 841(b)(1)(B) provides for enhanced sentencing for trafficking crimes "if death or serious bodily injury results from the use of the controlled substance either possessed or imported by the defendant". The U.S. Supreme Court Case of Baez-Gil vs. United States considered the proper construction of the term "use". At issue in Baez-Gill was whether "use" included the swallowing of a...[ read more ]
Enhanced Sentencing for Sale of a Controlled Substance Resulting in Death
The recent Supreme Court case of Burrage v. United States held that the use of a Federal Drug Trafficking sentencing enhancement in cases where the drug user dies is limited. Burrage was prosecuted for distributing a controlled substance which resulted in the death of the buyer. Under the the enhanced penalty statute, Burrage could be sentenced to a statutory minimum of...[ read more ]
Challenging a wire tap as evidence
To challenge a wire tap, the movant must be a party with standing. The "aggieved person" is the person against whom the wiretap was directed or someone who was a party to those communications. The movant may file a motion to suppress evidence on the following grounds: the communication was unlawfully intercepted the order authorizing or approving the interception was...[ read more ]
Federal Wire Taps
Prior to obtaining judicial authorization for a wire tap, the government must adhere to the procedural steps contained in 18 U.S.C. § 2510. The government must state: the phone number to be intercepted; the phone number's subscriber; the names of the interceptees; that there is probable cause to believe that the named interceptees are committing, have committed, or are about to...[ read more ]
