Hall v. State
| Docket Number: | 2005-KA-00990-COA Linked Case(s): 2005-KA-00990-COA ; 2005-CT-00990-SCT ; 2005-KA-00990-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 10-09-2007 Opinion Author: GRIFFIS, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Sale of cocaine - Speedy trial hearing - Right to speedy trial Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 05-06-2005 Appealed from: DeSoto County Circuit Court Judge: Robert P. Chamberlin Disposition: CONVICTION OF COUNT I SALE OF COCAINE AND COUNT II SALE OF COCAINE. SENTENCED IN COUNT I TO SERVE A TERM OF THIRTY YEARS IN THE CUSTODY OF MISSISSIPPI DEPARTMENT OF CORRECTIONS, AS AN HABITUAL OFFENDER. SENTENCED IN COUNT II TO SERVE A TERM OF THIRTY YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, CONSECUTIVE TO THE SENTENCE IN COUNT I, AS AN HABITUAL OFFENDER. DEFENDANT IS GIVEN CREDIT FOR 112 DAYS SERVED WHILE AWAITING TRIAL. DEFENDANT FINED $25,000. District Attorney: John W. Champion Case Number: CR-2002-561 CD |
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| Party Name: | Attorney Name: | |||
| Appellant: | STEVEN HALL |
DAVID G. HILL |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: JACOB RAY |
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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: | Sale of cocaine - Speedy trial hearing - Right to speedy trial |
| Summary of the Facts: | This case was originally remanded for a speedy trial hearing. Hall again appeals. |
| Summary of Opinion Analysis: | Issue 1: Hearing Hall argues that the trial court erred in refusing to hear his speedy trial motions based on the mistaken belief that the motion had already been heard. Since there is evidence that there was a hearing on Hall’s speedy trial motion, this issue has no merit. Issue 2: Right to speedy trial In deciding whether a criminal defendant has been denied his Constitutional right to a speedy trial, the judge is to balance length of delay, reason for delay, defendant's assertion of his right, and prejudice to the defendant. Just three and a half months passed between Hall’s return to Mississippi and his eventual trial date. This delay is not presumptively prejudicial. In addition, he vast majority of the delay was caused by either Hall or the State of Indiana. Hall was not prejudiced because he had not suffered any unusual anxiety, oppressive incarceration, or had trouble finding witnesses. Although Hall did assert his right to a speedy trial, this does not tip the balance in favor of Hall. With regard to his state statutory right, Hall was well short of his two hundred and seventy days because the record reflects that Hall only served eighty days between his return to Mississippi and his trial date |
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