The trial of Stanley Cole, who is accused of murdering his girlfriend, Jackson State University student Latasha Norman, is set to begin February 8 in the Circuit Court of Hinds County, Mississippi.
The evidence against Stanley Cole at this point includes: (a) he confessed to murdering Natasha Norman; (b) he confessed to placing her in the trunk of his car; and (c) he went out on a date with another woman while Latasha Norman’s corpse was in his trunk. Further, there is DNA evidence that places Latasha Norman’s blood in Stanley Cole’s trunk.
This is a mountain of evidence. To make matters worse for Cole, he couldn’t afford an attorney, so he got stuck with a low-level assistant public defender to defend him against these charges.
Things ain’t looking good for Stanley right about now.
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Unqualified non-lawyer legal “expert” Professor Matt Steffey shows his stupidity once again in an article in The Clarion-Ledger. This time, he offers his opinion on former Circuit Judge Bobby Delaughter’s employment prospects.
Judge Delaughter, who pleaded guilty to making false statements to the FBI, was scheduled to report to prison today to begin serving an 18 month sentence. According to the article, Steffey offered the following asinine prediction regarding what Delaughter would do for a living after he was released:
Steffey said he foresees DeLaughter working for a law firm as a jury consultant, strategist, arbitrator, mediator or the like.
This one sentence demonstrates that Steffey knows absolutely nothing of the practice of law in Mississippi (or perhaps anywhere). Even if Delaughter is able to serve as a mediator or arbitrator without a license to practice law, there is no Court or party that will ever use him for this purpose. Furthermore, no litigant is going to hire him as a jury consultant or strategist due to his felony conviction, and due to the fact that ethical rules may prohibit a law firm from utilizing him in these capacities. The fact that Steffey thinks this is a possibility shows that he is utterly clueless.
And shame on The Clarion-Ledger for continuing to tout this fool as a legal “expert.”
Categories: 1
Tagged: Big fat idiot, clueless fool
Over at Jackson Jambalaya, Kingfish recently posted a series of stories regarding two Mississippi charitable bingo operations that appear to have been playing a bit fast-and-loose with their “charitable” proceeds. The two charities involved are the Fine Arts Institute of Mississippi (FAIM) and the Union Center/Theo Volunteer Fire Department. You can view Kingfish’s FAIM posts here, here and here. The Union Center post is here.
Secretary of State Delbert Hoseman recently shut down both of these charities. As with most charitable gaming cases, these organizations violated the law by funneling money to persons or entities other than the charities they were supposed to benefit. In addition, these groups misled the Mississippi Gaming Commission by laundering funds to disguise their true use, and/or filed false official reports to mislead the Commission as to the recipient of the proceeds.
Many charitable bingo operators take the stance that gaming regulations are an inconsequential administrative matter. The prevailing attitude is that cases like this are nothing more than a glorified, non-criminal traffic ticket. Just pay the fine, reimburse the charity, and move on. Nothing to see here.
What these folks fail to realize is that the violation of “mere” administrative gaming regulations also violates federal criminal statutes of the felony type. Under 18 U.S.C. Section 1955, it is a violation of federal law for any person to conduct an “illegal gambling business.” And just what is an illegal gambling business? According to Section 1955(b)(1), an “illegal gambling business” is a gambling business which
(i) is a violation of the law of a State or political subdivision in which it is conducted;
(ii) involves five or more persons who conduct, finance, manage, supervise, direct, or own all or part of such business; and
(iii) has been or remains in substantially continuous operation for a period in excess of thirty days or has a gross revenue of $2,000 in any single day.
It looks like both FAIM and Union Center meet each of these elements.
A violation of 18 U.S.C. 1955 carries a maximum sentence of five (5) years in federal prison. Definitely not a glorified traffic ticket.
And lest anyone think the Government won’t go after a charitable bingo operator under this statute, take a look at United States v. Shelton, 337 F.3d 529 (5th Cir. 2003).
Mississippi Criminal Defense Attorney Curt Crowley
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Tagged: charitable bingo gaming, Curt Crowley, FAIM, Fine Arts Institute of Mississippi, illegal gambling business 18 U.S.C. Section 1955, Jackson Jambalaya, Kingfish, Mississippi criminal defense, Mississippi Gaming Commission
That may be a strange title for a post on the blog of a criminal defense lawyer, but defending law enforcement officers accused of misconduct in the line of duty is one of our practice areas at The Crowley Law Firm, PLLC.
Due to the nature of the job, police officers are placed in situations where there is a potential to find themselves charged with a crime, even if they are in the line of duty. Once charged with a crime, however, officers face the same hurdles as civilian defendants. On top of that, officers are generally treated more harshly than non-law enforcement defendants. Want an example? Look no further than MHP Sgt. Johnny Delaney.
In addition to representation in criminal actions, we also represent officers in “non-criminal” internal investigations, employment actions, and civil rights lawsuits. While our practice is focused exclusively on criminal defense, we accept a limited amount of civil cases involving officers who are facing these types of proceedings.
At TCLF, we aggressively and tenaciously defend law enforcement officers who are accused of crimes. I personally consider protecting and defending those who protect and defend us, to be the highest calling for a criminal defense lawyer. If you are a law enforcement officer who is facing criminal charges, internal affairs investigations, civil lawsuits or employment actions arising from conduct in the line of duty, please contact Mississippi Criminal Defense Attorney Curt Crowley to schedule a consultation.
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Tagged: criminal defense, Curt Crowley, defending the police, law enforcement, Mississippi criminal defense, Mississippi criminal defense attorney
December 30, 2009 · 1 Comment
I previously reported that Holmes County Circuit Judge Jannie Lewis dismissed the extortion case against Mississippi Highway Patrol Trooper Sgt. Johnny Delaney. Following the dismissal, District Attorney James Powell made good on his threat to appeal the dismissal to the Mississippi Supreme Court.
According to the Supreme Court’s docket, the trial court record was filed on December 7, 2009, and the Court issued a briefing schedule on the same day. The briefing schedule sets the deadlines for the State to file its principal brief, and for the defense to file Sgt. Delaney’s brief. The schedule also sets a deadline for the State to file a reply brief in response to the arguments made by the defense.
At this pace, it will likely be 12-18 months before the Court rules on the State’s appeal. This is the usual speed with which cases proceed through the appellate process. Meanwhile, Sgt. Delaney is left to wonder what his future holds.
I find this very unusual case disturbing for a number of reasons. My primary beef with this whole affair has nothing to do with the State, the prosecutors, the Courts, or even the law itself. My problem is with the pathetically sorry manner in which the Mississippi Highway Patrol (MHP) has treated Sgt. Delaney since the inception of this case. The Clarion-Ledger previously reported that MHP suspended Delaney without pay when the charges were first levied. That’s right–Delaney was suspended without pay even though he has been convicted of nothing. For months, Sgt. Delaney has been deprived of his ability to earn a living, even though no proof has been brought forward that he committed a crime. In the eyes of the law, Delaney is cloaked in the presumption of innocence, yet MHP is treating him as though he is already guilty. From my point of view, that is a deplorable and patently disloyal way to treat a man who is supposedly a member of the MHP family.
And what kind of message does this action send to other Troopers? The message is loud and clear: If you write somebody a speeding ticket, and they get pissed off and accuse you of committing a crime, you’re on your own. And not only are you on your own, you can’t feed your family until you prove yourself innocent.
I deal with Mississippi State Troopers frequently. They are always on the other side of my cases, and I go after them–hard. Despite this adversarial relationship, I firmly believe that rank-and-file Mississippi Troopers are among the finest law enforcement officers in the nation. No matter how contentious the case, or how heated the cross-examination, the Troopers I’ve been up against have been professional, intelligent, honest and courteous. These guys put it on the line every day, and do a damn good job in service to the people of Mississippi. They deserve better than to be shunned by MHP brass when some malcontent makes unsubstantiated allegations of misconduct.
MHP should stop the disgraceful practice of suspending Troopers without pay based upon unproven allegations. If loyalty is too much to ask of MHP, how about this: Wait until misconduct is actually proven before you punish the officer. You know, the whole “presumed innocent” thing. Ever heard of it?
Mississippi Criminal Defense Attorney Curt Crowley
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Tagged: Curt Crowley, extortion, Holmes County Circuit Court, James Powell, Johnny Delaney, Judge Jannie Lewis, MHP, Mississippi criminal defense, Mississippi Highway Patrol, Mississippi Supreme Court, suspended, suspension
As part of my continuing commitment to keep people safe and out of jail, I want to inform you of a DUI Hotspot in the Jackson-Metro area.
In the past few months, I have noticed an inordinate amount of people being arrested for DUI while leaving Shuckers in Ridgeland. All these folks were arrested by the same officer, and were stopped near the same area. Further, the stop times were within a short window of time (midnight to 2am). Obviously, this pattern shows that this officer is setting up near the exit to Shuckers and looking for people to stop when they leave. This should cause great concern to anyone who is planning to go to any of the bars in that part of town. I urge you to keep this in mind before going out that way to party.
And just so we’re clear, I’m not saying to stay away from Shuckers. I’ve been there several times myself and have always had fun. The beer is cold, the food is great, and it’s a good atmosphere. If you’re looking for a good time, I would recommend that you go there. All I’m saying in this post is that if you do go to Shuckers (or another bar in that area), either (1) take a designated driver; or (2) call a cab. There is always security at the door, and I’m sure they would be happy to call you a cab if you simply ask.
So go out and have fun, just don’t drive home. Stay safe, and out of jail. But if you do get arrested, call me to discuss your case.
Mississippi Criminal Defense Attorney Curt Crowley
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Tagged: designated driver, DUI hotspot, jackson, Mississippi DUI, Ridgeland, Shuckers, stay out of jail
I’m pleased to report that we have obtained yet another not guilty verdict on a DUI case.
This follows closely behind the three (3) not guilty verdicts we obtained in the same day in 3 separate DUI cases.
Altogether, in the past 4 weeks, we have obtained not guilty verdicts in 5 different cases. I’m very excited for our clients that we were able to obtain these phenomenal results. It’s a hell of a feeling to know that we helped these folks put a bad situation behind them so they can move on with their lives, and with a clean record.
If you’ve been charged with a crime, please call me to discuss your case.
Mississippi Criminal Defense Attorney Curt Crowley
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Tagged: America's Lawyer, another not guilty, Curt Crowley, dui, Mississippi, The Crowley Law Firm
I’m a criminal defense lawyer, and this is a criminal defense blog. Obviously, we’re always on the opposite side from prosecutors. However, I do think it’s appropriate to recognize prosecutors who score big victories in major cases. The Hinds County District Attorney’s Office scored such a win with the murder conviction of Joe Bennett.
Joe Bennett was convicted of murder in the Circuit Court of Hinds County, Mississippi. Bennett was the trigger-man in the so-called “Memorial Day Massacre” of 2008. Bennett opened fire upon a crowd that had gathered in celebration Memorial Day last year. Because of the heinous nature of the crime, the case received widespread media attention.
Immediately following the verdict, Judge Swan Yerger sentenced Bennett to life in prison, plus 99 years.
Assistant District Attorneys Shaun Yurtkuran and Patrick Beasley represented the Government at trial. Congratulations to District Attorney Robert Smith and his assistants on this major victory.
Mississippi Criminal Defense Attorney Curt Crowley
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Tagged: Hinds County Circuit Court, Joe Bennett, Memorial Day Massacre, murder, Patrick Beasley, Robert Smith, Shaun Yurtkuran, Swan Yerger, The Government
Unfortunately, yes.
I frequently say that DUI cases are the only type of criminal case where the courts allow the Constitution to be “temporarily suspended,” in order to ensure that a person is convicted. This sentiment is clearly demonstrated by the fact that Courts allow a breath test refusal to be used as proof of guilt at trial.
Considering that we (American citizens), have an absolute right not to be compelled to give evidence against ourselves, and the right not to be searched without a warrant, one might reasonably assume that our refusal to give a breath sample could not be used against us at trial. Such an assumption is clearly reasonable, and based upon rock-solid logic. Such an assumption is also wrong.
Mississippi Code Annotated Section 63-11-41 states that if a person refuses to consent to a test to determine his blood alcohol concentration, then the fact that he refused can be used against him at trial. That’s fine, but what about the Constitutional prohibitions against giving evidence against oneself, and the requirement of a warrant? The Mississippi Court of Appeals took care of that in the case of Price v. State, 752 So.2d 1070 (Miss.App. 2000).
In Price, over the objection of the defense, the State introduced evidence that the Defendant had refused the test. The Court of Appeals held that the refusal was admissible. The basis, you ask? The Court held “the very nature of a drunk driving charge makes it critical for the State to obtain the necessary evidence before that evidence dissipates with time.” Translation: The State’s ability to convict you of DUI outweighs your right not to incriminate yourself. As I said before, Courts are all-too-willing to suspend the Constitution in DUI cases.
Even though the deck is stacked against keeping the test refusal out of evidence, there are still possibilities to get the refusal excluded. If you’ve been charged with DUI, please call me to discuss your case.
Mississippi Criminal Defense Attorney Curt Crowley
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Tagged: 63-11-41, 752 So.2d 1070, Constitution, Curt Crowley, dui, Mississippi Code, Mississippi DUI defense attorney, Price v. State, refuse test
Phenomenal results in Court yesterday. I had three clients charged with DUI in the same Court, and all set for trial yesterday, one right after another. As much as we try not to have multiple trials set on the same day, some Courts don’t give us an option.
The result? All three of my clients were found not guilty. Needless to say, my people were very happy with the outome.
If you’ve been charged with DUI or other criminal offenses, please call me. While I can’t guarantee the same results we got yesterday, we will do everything possible, within the law, to protect your rights.
Mississippi Criminal Defense Attorney Curt Crowley
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Tagged: America's Lawyer, dui, Not Guilty, results
Curt Crowley