Miss. Bar v. Shelton
| Docket Number: | 2002-BD-00762-SCT Linked Case(s): 2002-BD-00762-SCT ; 2002-BD-00762-SCT ; 2002-BD-00762-SCT |
|
| Supreme Court: | Opinion Link Opinion Date: 05-22-2003 Opinion Author: Graves, J. Holding: SUSPENSION FROM THE PRACTICE OF LAW |
|
| Additional Case Information: |
Topic: Bar discipline - Guilty plea - Suspension - Miss. R. Disc. 6(a) Judge(s) Concurring: Pittman, C.J., Smith, P.J., Waller, Cobb and Carlson, JJ. Dissenting Author : McRae, P.J. Dissent Joined By : Diaz and Easley, JJ. Nature of the Case: CIVIL - BAR MATTERS |
|
| Note: | Motion for Indefinite Suspension Pending Appeal, Striking from Roll, Suspending and Staying Proceedings filed by The Mississippi Bar is granted. | |
| Party Name: | Attorney Name: | |||
| Appellant: | The Mississippi Bar |
MICHAEL B. MARTZ |
||
| Appellee: | Jimmy Doug Shelton | ALEX A. ALSTON, JR. T. STEWART LEE, JR. |
|
|
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. |
|
| Topic: | Bar discipline - Guilty plea - Suspension - Miss. R. Disc. 6(a) |
| Summary of the Facts: | The Mississippi Bar filed a formal complaint against Jimmy Shelton based upon Shelton’s entry of a guilty plea in federal district court pursuant to a plea agreement. Shelton pled guilty to the charge of aiding and assisting in fraud and making false statements related to filing of a tax return to the Internal Revenue Service. |
| Summary of Opinion Analysis: | The Bar argues that Shelton pled guilty to a crime which triggers Rule 6 of the Rules of Discipline for the Mississippi Bar and recommends indefinite suspension until it can show that the time to appeal the conviction has expired or the appeal was concluded without reversal. Shelton argues that he never entered a final plea of guilty as required by Rule 6 but only a conditional plea since he reserved the right to appeal the federal district court’s ruling relating to a motion to suppress the evidence obtained during a warrantless search. Rule 6(a) of the Rules of Discipline allows the Supreme Court to order an attorney’s immediate suspension when the attorney enters a plea of guilty to any felony (other than manslaughter) or of any misdemeanor involving fraud, dishonesty, misrepresentation, deceit, or willful failure to account for money or property of a client. A certified copy of the judgment and a copy of the plea agreement has been included as part of the record in this matter. This is conclusive evidence to prove that Shelton committed a crime resulting in unprofessional and unethical conduct evincing unfitness for the practice of law. Therefore, Shelton is suspended from the practice of law. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
