 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Stewart v. District Attorney for the Eighteenth Circuit Court District for the State of Mississippi8/23/2005
967).
. Although an argument may be made that the district attorney would at a minimum be placed upon constructive notice by the presence of the perpetrator's photograph in one of the multiple files, when looking at the case as a whole, the district attorney's negligence was minimal. At Stewart's arraignment, Stewart never put the court or any of its officers on notice that the improper individual was in custody. The transcript of Stewart's arraignment is as follows:
THE COURT: Gary Stewart? [Mr. Stewart approaches the bench]
THE COURT: Gary Stewart, is that you?
DEFENDANT STEWART: Yes, sir.
THE COURT: All right.
[DEFENDANT DULY SWORN BY THE DEPUTY CIRCUIT CLERK, JOYCE BUSH]
THE COURT: Mr. Stewart, it looks like you are charged with several offenses here of false pretense. Are they all false pretense?
MR. HEDGEPETH: Yes, Your Honor.
[QUESTIONS PROPOUNDED THE DEFENDANT BY THE COURT:]
Q: Mr. Stewart, are you represented by an attorney?
A: No, sir.
Q: Do you wish to be represented by an attorney on these charges?
A: Yes, sir.
Q: Do you have the money to hire an attorney with?
A: No, sir.
Q: How long have you been in jail?
A: Uhm . . . .
OFFICER MAX DAVIS: Judge, he's been in our jail since Monday or Tuesday.
A: I believe I came on Monday.
OFFICER MAX DAVIS: He was in jail in New Orleans - - Metairie, Louisiana, and we picked him up down there and brought him back.
Q: Do you want to get your own attorney? Is that what you said? Do you have the money to hire an attorney with? Do you have somebody that you want to hire as your attorney?
A: Yeah, I can get one from New Orleans.
Q: From New Orleans?
A: I've been trying to get an attorney there.
Q: I don't think I'm really following you. Are you going to get you an attorney? Are you going to hire you an attorney to represent you on these matters?
A: Yes, I am.
Q: Well, do you want to wait until the attorney gets here before you plead on these matters?
A: Nah, I'll go on with my plea.
Q: All right. Do you plead guilty or not guilty to all of these offenses before the Court?
A: Not guilty.
Q: All right. You need to get with your attorney because these cases will be set for trial. When is the next trial date?
DEPUTY CLERK, JOYCE BUSH: The next First District date will be July 24.
Q: July 24 will be your trial in Ellisville, and the next down here is what?
DEPUTY CLERK, JOYCE BUSH: March 28 for Second District.
Q: March 28. So you need to get you an attorney. THE COURT: All right.
A: Do I have a bond set?
Q: Do what?
A: Do I have a bond set?
Q: Have you ever been convicted of a felony before?
A: No.
Q: Where do you live?
A: I live in New Orleans.
Q: Well, your attorney will have to take that up with the Court whenever he gets here. Whenever you get an attorney, he'll take that up with me about your bond.
THE COURT: All right. (emphasis added).
. As the transcript demonstrates, Stewart never informed the court, the district attorney, or any official involved in his prosecution that the improper Gary Stewart had been detained. Rather, he waited until he had secured the services of an attorney to bring this fact to light. With t
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Mississippi Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|