Gill v. State
| Docket Number: | 2006-CA-01687-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 08-16-2007 Opinion Author: DICKINSON, J. Holding: Appeal Dismissed |
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| Additional Case Information: |
Topic: JNOV - Standing to appeal Judge(s) Concurring: SMITH, C.J., WALLER AND DIAZ, P.JJ., EASLEY, CARLSON, GRAVES, RANDOLPH AND LAMAR, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - OTHER |
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| Trial Court: |
Date of Trial Judgment: 06-15-2006 Appealed from: Forrest County Circuit Court Judge: Robert Helfrich Disposition: Refused to permit intervention by private citizen in a criminal case Case Number: 5833 |
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| Note: | Motion to Strike Certain Parties to this action filed by appellants is denied. | |
| Party Name: | Attorney Name: | |||
| Appellant: | GLADYS GILL, EDWARD FRED GRAHAM, GLENN HOPKINS, LONNIE MEADOWS AND
DAVID TUCKER |
RICHARD BARRETT |
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| Appellee: | STATE OF MISSISSIPPI, et al. | BILLY L. GORE, CHARLES WILLIS PICKERING, SR. |
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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: | JNOV - Standing to appeal |
| Summary of the Facts: | In 1960, a Forrest County grand jury indicted Clyde Kennard and Johnny Lee Roberts for burglary. Roberts (who entered a guilty plea) testified for the State and, based solely on this testimony, Kennard was convicted and sentenced to prison, where he died in 1963. In January 2006, Roberts came forward, admitting by sworn affidavit that he gave false testimony against Kennard, and that Kennard was innocent of the crime for which he had been convicted. Sixteen persons filed a Petition for Exoneration in the Forrest County Circuit Court, requesting the court to “correct the injustice perpetrated against Clyde Kennard and . . . enter an order exonerating Clyde Kennard, adjudicating that he was innocent, and declaring his conviction null and void.” The District Attorney, on behalf of the State, informed the court that the State of Mississippi had joined the motion. The judge entered a Judgment of Exoneration and Declaration of Innocence and an Order of Nolle Prosequi for the State’s criminal case against Kennard. Attorney Richard Barrett filed a motion to intervene, alleging that the exoneration was wrongfully obtained. He filed a Motion to Reconsider and Vacate Judgment, and another motion to intervene on behalf of Gladys Gill, Edward F. “Red” Graham, Glenn Hopkins, Lonnie Meadows, and David Tucker. The circuit judge denied Barrett’s motion to intervene. Barrett’s clients appeal. |
| Summary of Opinion Analysis: | The power to correct an error in the record of a judgment rendered by it at a former term is inherent in the court system. Under the extraordinary circumstances which exist in this case, the trial court was well within its discretion to hear the Petitioner’s petition, particularly since it was joined by the State of Mississippi. The only proper parties to a J.N.O.V. in a criminal case are the defendant and the State. Normally, upon grant of J.N.O.V., the State would be entitled to appeal. The State, through the district attorney, joined the petition, and the trial judge granted the requested relief. Since the State of Mississippi is the only proper party to bring an appeal and since the State does not appeal, the Applicants have no standing in this matter. |
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