Riley v. State
| Docket Number: | 2001-KA-01380-COA Linked Case(s): 2001-KA-01380-COA ; 2001-CT-01380-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 04-08-2003 Opinion Author: Irving, J. Holding: Appellant's motion for rehearing is denied. |
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| Additional Case Information: |
Topic: Manslaughter - Right to speedy retrial - Sufficiency of evidence Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Myers and Chandler, JJ. Non Participating Judge(s): Griffis, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 02-01-2001 Appealed from: George County Circuit Court Judge: Kathy King Jackson Disposition: MANSLAUGHTER - 20 YEARS District Attorney: Robert Keith Miller Case Number: 98-10,039 (2) |
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| Party Name: | Attorney Name: | |||
| Appellant: | Michael E. Riley |
DARRYL A. HURT |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Manslaughter - Right to speedy retrial - Sufficiency of evidence |
| Summary of the Facts: | Michael Riley was convicted of manslaughter and was sentenced to twenty years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Right to speedy retrial Riley argues that his right to a speedy retrial was violated, because of the length of time between the date of the order of the mistrial and the date of the second trial. When a trial results in a mistrial or hung jury, the time of retrial remains within the discretion of the trial court, although a substantial delay may still violate the constitutional right to a speedy trial. Factors to consider to determine if the right to speedy trial has been denied include length of delay, reason for delay, defendant’s assertion of his right to speedy trial, and any resulting prejudice. The delay between the mistrial and the second trial is 818 days which is presumptively prejudicial. Good cause existed for the delay in this case. The court was involved in other felony trials, and the April 1999 term for George County was shortened to one day due to the spring conference for both the trial judges and prosecutors. In addition, some of the time is charged against Riley because he requested a continuance. Riley did not assert his right to a speedy trial before the retrial. In addition, Riley has shown neither actual prejudice that he suffered in the defense of his case nor an interference with his liberty. Given these factors, Riley was not denied his constitutional right to a speedy retrial. Issue 2: Sufficiency of evidence Riley argues that the evidence presented at trial was insufficient due to the lack of credibility of the State’s witnesses. Matters regarding weight and credibility to be accorded evidence are to be resolved by the jury. Therefore, the jury was well within its right to resolve the issues against Riley. |
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