Tillis v. State


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Docket Number: 2009-KA-00304-SCT

Supreme Court: Opinion Link
Opinion Date: 09-16-2010
Opinion Author: Randolph, J.
Holding: Affirmed.

Additional Case Information: Topic: Simple assault - Sufficiency of evidence - Section 47-4-1(4) - Dual employee
Judge(s) Concurring: Waller, C.J., Carlson, P.J., Lamar, Chandler and Pierce, JJ.
Concur in Part, Dissent in Part 1: Kitchens, J., Concurs in Part and Dissents in Part With Separate Written Opinion
Concur in Part, Dissent in Part Joined By 1: Graves, P.J., and Dickinson, J.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 01-21-2009
Appealed from: Leake County Circuit Court
Judge: Vernon Cotten
Disposition: Conviction of simple assault of employee of a private correctional facility and sentence of five (5) years in the custody of the Mississippi Department of Corrections. Said sentence to run consecutive to any sentence Tillis is presently serving.
District Attorney: Mark Sheldon Duncan
Case Number: 08-CR-063-LE-C

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: Zenas Tillis




EDMUND J. PHILLIPS, JR.



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL: LAURA HOGAN TEDDER  

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Topic: Simple assault - Sufficiency of evidence - Section 47-4-1(4) - Dual employee

Summary of the Facts: Zenas Tillis was convicted of simple assault and sentenced to five years. Tillis appeals.

Summary of Opinion Analysis: Tillis argues that the evidence did not meet the statutory or indictment requirements of the crime charged. Specifically, Tillis argues that the State failed to prove that the victim was “an employee of a private correctional facility[,]” a requisite element for conviction under section 47-4-1(4). Section 47-4-1(4) provides that a person convicted of simple assault on an employee of a private correctional facility while such employee is acting within the scope of his or her duty or employment shall be punished by a fine of not more than $1,000 or by imprisonment for not more than five years, or both. The State has a constitutional and statutorily mandated obligation to provide medical care to prisoners. That duty did not depart when the Walnut Grove Correctional Authority contracted with Cornell Companies, Inc., to operate Walnut Grove. To the end of satisfying that duty, Cornell contracted with Health Assurance to provide employees like the victim to perform medical services at Walnut Grove. At Walnut Grove, the victim exclusively conducted her work duties, providing medical care to inmates, and had her own office. When the incident occurred, she was in the process of delivering medication to the inmates while escorted by an officer. Based upon the facts presented, the victim was, at a minimum, a dual employee of both Walnut Grove, a private correctional facility, and Health Assurance. As the victim was a dual employee, the circuit court did not err in finding that the victim, in this setting, and under these circumstances, would qualify as being a person who would fit the term of employee.


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