Archive for March, 2011

Could Speedy Trial rights be coming to a Courthouse near you?

Posted in Uncategorized on March 31, 2011 by tobywelchlaw

Today the Supreme Court handed down this Order.

 

EN BANC
2009-KP-00233-SCT

    Merlin Hardison v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 04-0-034-03 WSY; Ruling Date: 05/24/2006; Ruling Judge: W. Yerger; Disposition: On the Court’s own motion, this matter is remanded with instructions to the Circuit Court of the First Judicial District of Hinds County to hold a hearing within sixty days of the date of this order for the limited purposes of providing the State an opportunity to provide reasons for the delay, and to overcome the presumption that Hardison was prejudiced by the twenty-seven-month delay. After conducting the hearing, the trial judge shall enter findings of fact and conclusions of law and shall provide this Court with a certified copy of the findings of fact and conclusions of law, a transcript of the hearing, and all exhibits and documents related thereto. Upon receipt of these materials, the Clerk of the Supreme Court shall supplement the appellate record before this Court and give the parties notice of the filing of that supplemental record. Within thirty days of that notice, the parties shall file simultaneous supplemental briefs not to exceed twenty pages and limited to the speedy-trial issue. Order entered.