Jones v. State
| Docket Number: | 2006-KA-00667-COA Linked Case(s): 2006-KA-00667-COA ; 2006-CT-00667-SCT |
|
| Court of Appeals: |
Opinion Link Opinion Date: 06-19-2007 Opinion Author: MYERS, P.J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Attempted felony escape - Conflict of interest - Sufficiency of evidence Judge(s) Concurring: KING, C.J., LEE, P.J., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
|
| Trial Court: |
Date of Trial Judgment: 03-07-2006 Appealed from: Jones County Circuit Court Judge: Billy Joe Landrum Disposition: CONVICTED OF ATTEMPTED FELONY ESCAPE AND SENTENCED TO A TERM OF THIRTY MONTHS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS. District Attorney: Anthony J. Buckley Case Number: 2005-36-KR1 |
|
| Party Name: | Attorney Name: | |||
| Appellant: | JOSEPH G. JONES A/K/A JOSEPH JONES A/K/A JOSEPH GLENN JONES |
MICHAEL D. MITCHELL |
||
| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: DESHUN T. MARTIN |
|
|
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: | Attempted felony escape - Conflict of interest - Sufficiency of evidence |
| Summary of the Facts: | Joseph Jones was convicted of attempted felony escape and sentenced to thirty months. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Conflict of interest Jones argues that a conflict of interest existed when the district attorney for Jones County prosecuted this attempted escape case against him because the DA had formerly represented Jones in a number of other matters prior to taking office as a prosecutor. There is no per se disqualification rule for prosecutors who formerly represented an accused. Rather, a case-by-case analysis is to be employed to determine whether the lawyer gained any confidential information during his representation of the client. No testimony was presented indicating that the DA gained any information whatsoever from Jones regarding the pending attempted escape charges. It follows, then, that the district attorney’s office was not required to disqualify itself, either, under an imputed disqualification analysis. Issue 2: Sufficiency of evidence Jones argues that evidence was presented showing that Hurricane Katrina, rather than he, was responsible for making a hole in the prison’s fence through which he attempted escape. Several witnesses testified on behalf of the State regarding their personal knowledge and investigation into Jones’ attempted escape from the exercise yard area of the Jones County Adult Correctional Facility. The jail administrator testified to his inspection of the fence surrounding the recreational yard and confirmed that the fence contained no holes prior to the escape attempt by Jones. Therefore, the court did not err in finding that there was sufficient evidence before the jury to convict Jones of attempted felony escape. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
