Stallworth v. Miss. Dep't of Pub. Safety
| Docket Number: | 2007-CA-00100-SCT Linked Case(s): 2007-CA-00100-SCT |
|
| Supreme Court: | Opinion Link Opinion Date: 05-22-2008 Opinion Author: Randolph, J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Registration as sex offender - Section 45-33-23(a) - Section 45-33-47 - Registerable offense - Section 45-33-25(1) Judge(s) Concurring: Smith, C.J., Easley, Dickinson and Lamar, JJ. Non Participating Judge(s): Graves, J. Dissenting Author : Carlson, J., with separate written opinion. Dissent Joined By : Waller and Diaz P.JJ. Procedural History: Summary Judgment Nature of the Case: CIVIL - STATE BOARDS AND AGENCIES |
|
| Trial Court: |
Date of Trial Judgment: 11-17-2006 Appealed from: Hinds County Circuit Court Judge: Bobby DeLaughter Disposition: Stallworth plead guilty to one count of fourth-degree sex offense and nolle prosse to a count of second-degree rape, second-degree sex offense and second-degree assault in Maryland. Stallworth was given a suspended sentence and placed on supervised probation for two years. The probation was transferred to Mississippi, where the Miss. Dep't of Public Safety (MDPS) required him to register as a sex offender. Stallworth filed a motion for reconsideration of sentence in Maryland, in an attempt to not be required to register as a sex offender in Mississippi. His motion was granted in Maryland, and Stallworth then filed a motion for summary judgment in Hind County, Mississippi. The MDPS filed its own motion for summary judgment. The trial court denied Stallworth's motion for summary judgment and granted MDPS's summary judgment motion, thus requiring Stallworth to continue to register as a sex offender in the State of Mississippi. Case Number: 251-05-978 |
|
| Party Name: | Attorney Name: | |||
| Appellant: | JEFFERY A. STALLWORTH |
ROBERT L. GIBBS |
||
| Appellee: | MISSISSIPPI DEPARTMENT OF PUBLIC SAFETY | HAROLD EDWARD PIZZETTA, III, R. STEVEN COLEMAN |
|
|
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: | Registration as sex offender - Section 45-33-23(a) - Section 45-33-47 - Registerable offense - Section 45-33-25(1) |
| Summary of the Facts: | Jeffery Stallworth, a resident of Mississippi, was indicted on five separate sex offenses in Prince George’s County, Maryland. The indictment charged Stallworth with one count of second-degree rape, one count of second-degree sex offense, one count of second-degree assault, and two counts of fourth-degree sex offense. The victim was an adult resident of Maryland. Stallworth appeared before the Maryland circuit court and pled guilty to one count of fourth-degree sex offense. The other counts on which Stallworth was indicted were nolle prossed. Under Maryland law, a fourth-degree sex offense is a misdemeanor and does not require registration as a sex offender. After being sentenced by the Maryland court, Stallworth returned to Mississippi, whereupon the Mississippi Department of Public Safety required him to register as a sex offender. Stallworth registered with MDPS. Later, Stallworth filed a Complaint for Declaratory Judgment in the Circuit Court of the First Judicial District of Hinds County, alleging that MDPS had illegally required him to register since a fourth-degree sexual offense in Maryland is not a registerable offense in the State of Mississippi. Stallworth returned to the Maryland trial court and appeared pro se on a Motion for Reconsideration of Sentence which the court granted. Stallworth filed a Motion for Summary Judgment and Motion for Stay of Discovery in the Hinds County action. MDPS filed its own Motion for Summary Judgment and Opposition to Plaintiff’s Motion for Summary Judgment. The trial court denied Stallworth’s motion for summary judgment and granted MDPS’s summary judgment motion. Stallworth appeals. |
| Summary of Opinion Analysis: | According to the plain meaning of section 45-33-23(a) of the Mississippi Sex Offender Registration Laws, although the Maryland court modified its original ruling in contradiction to the fact that Stallworth had already completed his sentence, that does not afford Stallworth relief. It is the entry of the plea which satisfies “conviction” under the Mississippi Act. Section 45-33-47 establishes various requirements for relief from the duty to register. The statute establishes the standard of proof and factors to be considered by the trial court on a Petition for Relief from Duty to Register. In support of its motion for summary judgment, the state filed Stallworth’s deposition testimony from a civil action based on the same underlying facts. It is clear from the trial court’s opinion that the trial judge considered Stallworth’s sworn testimony. That testimony provides compelling evidence which cannot be ignored. In addition, Stallworth’s actions, which he admitted in the Maryland plea colloquy, clearly satisfy the definition of attempted sexual battery, a registerable offense in this state pursuant to section 45-33-25(1). Stallworth admitted in his plea that he placed his hands on the victim’s vagina without her consent. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
