Payton v. State
| Docket Number: | 2004-KA-00566-COA Linked Case(s): 2004-CT-00566-SCT ; 2004-KA-00566-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 01-17-2006 Opinion Author: Barnes, J. Holding: REVERSED AND REMANDED FOR RESENTENCING AS TO COUNT I |
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| Additional Case Information: |
Topic: Armed robbery & Arson - Recusal of judge on remand Judge(s) Concurring: King, C.J., Lee, P.J., Irving, Chandler, Griffis and Ishee, JJ. Non Participating Judge(s): Roberts, J. Dissenting Author : Myers, P.J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 03-10-2004 Appealed from: Leake County Circuit Court Judge: Marcus D. Gordon Disposition: MOTION TO RECUSE DENIED District Attorney: Mark Sheldon Duncan Case Number: 8474 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Henry C. Payton |
IMHOTEP ALKEBU-LAN, CHOKWE LUMUMBA |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: SCOTT STUART |
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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: | Armed robbery & Arson - Recusal of judge on remand |
| Summary of the Facts: | Henry Payton was convicted of armed robbery and arson. The Mississippi Supreme Court affirmed both convictions and the sentence as to arson, but reversed the sentence as to armed robbery and remanded the case for resentencing as to that count. From this resentencing, Payton appeals. |
| Summary of Opinion Analysis: | Payton argues that the trial judge committed manifest error by denying Payton’s motion to recuse and by presiding over his resentencing, when the judge had previously entered an order of recusal, and the supreme court had issued an order appointing a special judge to preside and conduct proceedings in Payton’s case. This case presents an unusual issue, that is, whether a judge who has previously recused himself from all motions on a case may later preside over resentencing the defendant on remand. The standard test for recusal is that the judge must recuse himself if a reasonable person, knowing all the circumstances, would harbor doubts about his impartiality. Mississippi case law has yet to address the issue of whether a recused judge may continue to act in the case from which he has been recused. However, the federal rule is well-settled that a trial judge who has recused himself should take no other action in the case except the necessary ministerial acts to have the case transferred to another judge. Once a judge recuses himself from a case, the burden shifts to the judge to show affirmatively a valid reason to set aside the disqualification. Because Judge Gordon previously recused himself from this case, he was without power to resentence Payton. The case is reversed and remanded for resentencing by a special judge to be appointed by the Mississippi Supreme Court. |
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