Updated 8 p.m. ET: Mississippi Circuit Judge Tomie Green has temporarily blocked the release
21 inmates who'd been given pardons or medical release by Republican Haley Barbour in one of his final acts as governor.
Original story
JACKSON, Miss. -- The state attorney general on Wednesday moved to block the release of some inmates pardoned by Gov. Haley Barbour in his last days in office, claiming the move may have violated the state Constitution.
Attorney General Jim Hood said the law requires a legal notice of plans to pardon to be published 30 days prior to the action. He said his office couldn't find such a record.
Unfortunately our research has revealed that Gov. Barbour violated the Constitution, Hood told The Clarion-Ledger. Were seeking to stop the release of any prisoners. /snip
http://usnews.msnbc.msn.com/_news/2012/01/11/10121326-pardon-of-violent-criminals-sets-up-miss-legal-battle
Angry Dragon
(36,693 posts)Tx4obama
(36,974 posts)Miss. court halts quick release of some pardoned
JACKSON, Miss. (AP) -- A Mississippi judge has temporarily blocked the release of 21 inmates who'd been given pardons or medical release by Republican Haley Barbour in one of his final acts as governor.
Circuit Judge Tomie Green issued an injunction late Wednesday at the request of Democratic Attorney General Jim Hood.
Hood said he believes Barbour might've violated the state constitution by pardoning some inmates who failed to give sufficient public notice that they were seeking to have their records cleared.
SNIP
http://hosted.ap.org/dynamic/stories/U/US_BARBOUR_PARDONS?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2012-01-11-19-57-08
gateley
(62,683 posts)have already been released.
Of course, I could just click on the link you provided and probably find out for sure!
Boy, I hope Barbour gets NAILED!
24601
(3,962 posts)individuals seeking/applying for pardons. The section does not address any such actions where there is no application for the pardon and the governor just decided to grant one.
The governor's pardon power is specifically limited in cases of impeachment or for treason against Mississippi. Whether iit's limited in other cases will be decided by the court, most likely the MIssissippi Supreme Court.
[link:http://www.sos.state.ms.us/ed_pubs/constitution/constitution.asp|
yellowcanine
(35,699 posts)obamanut2012
(26,079 posts)He let loose on society last week.
wordpix
(18,652 posts)That's as far as this a-wipe goes, I hope
riverwalker
(8,694 posts)Jim Hood is my new hero
http://www.wcyb.com/nationalnews/30185892/detail.html
"The pardons include four convicted murderers and a convicted armed robber who were released Sunday. The five now must contact prison officials on a daily basis as their fate is adjudicated.
The pardons are "a slap in the face to everyone in law enforcement and Gov. Barbour should be ashamed," said state Attorney General Jim Hood.
"He's tried to rule the state like Boss Hogg and he didn't think the law applied to him," Hood told CNN's Anderson Cooper on Wednesday night, referring to a character in the 1980s TV series "The Dukes of Hazzard."
MADem
(135,425 posts)My first thought--someone is SELLING these pardons.
No idea if my first thought is accurate, but something's fishy here.
Wonder how many of these "go and sin no more" documents were handed out to black inmates? Why do I think the answer is "not many" or even "none?"
gateley
(62,683 posts)The four murderers who were released had worked at the governor's mansion as they served their life sentences, said a spokeswoman for the Mississippi Department of Corrections.
And I assumed that any "workers" would be black in Mississippi -- and was surprised HB pardoned them because they were.
All presumption on my part -- have no idea if they were black or white, but like you, my initial take was he probably wouldn't have pardoned anyone who was black.
MADem
(135,425 posts)LisaL
(44,973 posts)But he pardoned nearly 200 people. They are not all white.
gateley
(62,683 posts)LisaL
(44,973 posts)Why don't you take a look at some of the photos of the nearly 200 people he pardoned?
MADem
(135,425 posts)LisaL
(44,973 posts)Daily Mail got the photos.
MADem
(135,425 posts)gateley
(62,683 posts)Not all white (because we know prisoners are predominantly Black). So that makes it even more puzzling (to me, anyway) why he pardoned SO MANY!
MADem
(135,425 posts)As I said elsewhere, favors for sale isn't an impossible circumstance, here.
Wonder what a pardon is worth?
What bothered me in the initial reports was the number of men who were released after being sentenced to long/life terms for killing their wives and girlfriends. That just seemed out-of-line to me.
If he thought he'd be a GOP VP candidate to roll up the "south of the Mason Dixon" vote, he'd better think again. Or maybe this is his way of saying "Don't call me--I don't want to be anywhere NEAR that GOP ticket!"
gateley
(62,683 posts)provide it!
Just went looking again, and although I found the article, the pics are no longer there. Do sites remove pics to free up space? It also showed the full list of the 200 and their crimes.
Here's what I found today, but I'll keep looking. This will be a project.
http://www.guardian.co.uk/world/feedarticle/10034882
EDIT: I went to the wrong site today. Give. Me. Coffee. HERE'S the link I meant to post yesterday!
http://www.dailymail.co.uk/news/article-2085070/Haley-Barbour-pardons-nearly-200-including-rapists-killer-Brett-Favres-brother.html
MADem
(135,425 posts)From the photos provided, it looks like a mixed bag--but I am STUNNED at the number of murderers he's putting back on the street. The drug cases, the check kiters, the shoplifters, sure, let them go, but the killers? That's just crazy! Look at 'em all!
Paul Joseph Warnock Murder
Michael Graham Murder
Bobby Hayes Clark Manslaughter
Clarence Jones Murder
Willie James Kimble Murder
Jamie Scott Robbery with Deadly Weapon
Gladys Scott Robbery with Deadly Weapon
Michael J. Jones Sale of a Controlled Substance
Nathan Kern Robbery
David Gatlin Murder, Aggravated Assault, Burglary
Charles Hooker Murder
Anthony McCray Murder
Joseph Ozment Murder, Conspiracy and Armed Robbery
Michael Davie Graham Murder
Victor C. Collins Murder
Larry Darnel Roby Murder, Racketeering
Booker T. Barnes Murder
Anthony Sansing Murder
Jimmy Lee Avera Murder
Steven Charles Adams Grand Larceny and Possession of Cocaine
Donald Dwight Adcock Arson
Thomas Ailes Unlawful Sale of Controlled Substance
Mark Hubbard Allen Vehicular Homicide
Patricia Amacker False Pretense, Felony & Misdemeanor
Michael Clinton Armstrong Attempted Enticement of a Child for Sexual Purposes
William Antoin Bardwell Sale of Marijuana, Less Than One Ounce
Robert King Barq Possession of a Controlled Substance
Thomas Holt Beasley Sale of Marijuana, Sale of Cocaine
Melanie Suzanne Beelond Possession of Cocaine
Larry Bell Escape from Custody, Charge of Felonuy
Vincent Cardell Bell Murder, Accessory After the Fact
Frank Delomme Borders Jr. Burglary
Harry Russ Bostick DUI 3rd offense
Lee Brackeen Jr. Shooting a Firearm into a Dwelling, Poss. Of Chemicals with Attempt to Manufacture/Distribute
Karlton Lee Bradley Possession of Cocaine/Sale with Intent
Dwight E. Breland Possession of Controlled Substance
Bobby Neal Brown Burglary
Douglas Duane Burcham Auto Burglary & Grand Larceny
Aaron Clay Butler Conspiracy to Sell Marijuana
Henry Preston Byrd Robbery
John Springer Buchanan Sale of Controlled Substance
Jeanette Walker Cain Uttering Forgery
Buster Caldwell Rape and Armed Robbery
Bobby Ray Camp Burglary and Larceny of a Building
Daniel Caleb Campbell Conspiracy to Distribute Cocaine
Gerald Calhoun Possession of a Controlled Substance
Kenneth Carver Burglary
Perry Lee Cauthen Conspiracy to Commit Larceny & Grand Larceny
Jess Cessna Burglary of an Occupied Dwelling; Aggravated Assault
Andrew Camphor Robbery
Michael Lawrence Collum House Burglary
Ryan Jeremiah Cooper Prescription Forgery
James Richard Chenault Possession of Marijuana with Intent to Sell
Nathaniel Cunningham Jr. Felony False Pretense
Allison Bernadette Dazet Burglary
Stanley Duncan Grand Larceny
Peggy Sue Eiland Forgery
Earnest Scott Favre DUI Causing Death
Russell Glen Ferguson Aggravated Assault
Mark Steven Ford Burglary
Jamie Donald Franks Aggravated DUI
Aubrey Orlando Fratesi Obtaining Controlled Substance By Deception;
Prescription Fraud
Randy Scott Fortenberry Manslaughter
Rock Allen Gerald Sale of Marijuana
Gregg Patrick Gibbes Aggravated DUI Death
Latisha R. Gilbert Embezzlement
Mabrie C. Gilmer Manslaughter
Norman Dwayne Givens Burglary of a House
Matthew Nelson Godfrey Conspiracy to Commit Grand Larceny
Sharrion Patrice Grant Aggravated Assault
James Leslie Grantham Possession of Precursor Chemicals
Thomas Anthony Graziousi Auto Burglary; Grand Larceny
Robert Brian Gregg Manslaughter (Culpable Negligence); DUI Injury
Louis Edwin Griffin Jr. Homicide
Ashley Seymour Gunter Burglary of an Automobile
Jeffery Lee Haire Possession of a Controlled Substance
Barbara Hamilton Burglary of a Residence and Robbery
James Larry Hankins Armed Robbery
Wayne Thurman Harris Sale of Marijuana
Kevin Jerome Hatches Possession of Cocaine
Daniel Wayne Hendon Robbery
Kimario Kuhron Hentz Armed Robbery
William Eric Henderson Kidnapping
Sim Collins Holifield Grand Larceny
Hunter Olin Hope Sale of 20 MM of Testosterone
Jesse Octavia Houston Embezzlement
Joshua L. Howard Statutory Rape
Benjamin Earl Hussey Sale of a Controlled Substance
John D. Jackson Strong Arm Robbery
Jerome Francis Jackson Burglary and Larceny of an Automobile
Pamela Yvette Jackson Strong Armed Robbery
Phillip Jackson DUI Homicide
Michael S. James Possession of a Controlled Substance
April Michelle Johnson Embezzlement
Shundrell Johnson Aggravated Assault
Thomas Cole Kendall Gratification of Lust
Tammy Kay Swanson Uttering Forgery
Michael Derek Knauss Possession of Stolen Property
Christopher Clark Kolb Sale of Hydrocodone
Anon LaDell Jordan Burglary of a Dwelling
Roy Michael Latham Manslaughter
Bobby Joe Lee Sale of Marijuana
Terry James Lee Burglary & Larceny of a Dwelling
Mary Brower Forgery
Ernest Carl Lowery Jr. House Burglary; Uttering a Forgery
Herbert Lowery Possession of Marijuana with Intent to Deliver
Amy Douglas Love Uttering Forgery; Burglary of an Automobile
Kevin Bandouglas McCullough Unlawful Sale of Marijuana
John Earl McCool Felony Crime of Possession of Precursor Chemicals with Intent to Manufacture Methamphetamine
Jimmy McNeese Possession of Precursor Chemicals
Martin Miller Jack Felony Bad Check
Michael Arlen Matthew Burglary
Clinton Jason Moffitt Conspiracy to Commit Voter Fraud
John Becket Monaghan Sale of Controlled Substance
Charles Wesley Newby Possession of a Firearm by Convicted Felon; Grand Larceny; Aggravated Assault
David Willard Newcomb Possession of Crystal Meth with Intent Within 1500 Feet of a Church; Manufacture of Crystal Meth Within 1500 Feet of a Church
Justin Wade Nunnery Possession of Methamphetamine
Perry Tyson Owen Possession of a Controlled Substance with Intent to Sell, Transfer or Distribute
Danny Lamar Peacock Burglary of an Automobile
Shirley Peters Sale of a Controlled Substance
Zachary Kane Polk Sale of a Controlled Substance
Corey Powell Burglary of a Business
Richard Earl Price Aggravated Assault
Constance Renee Pruitt Aggravated Assault
Lisa Ralston Brogdon Conspiracy and Burglary of Dwelling
Kenneth Bernard Ratliff Sale of Cocaine
Shelly Ann Ray (Self) Manufacturing Methamphetamine & Possession of Methamphetamine
Norman Lee Redo Possession of Controlled Substance
Samuel Wade Reid Burglary of a Dwelling
Katherine Robertson Aggravated Assault
Roslyn Murray Robertson Conspiracy to Commit a False Pretense; False Pretense
Everett Franklin Rodgers Murder and Aggravated Assault
John Montrell Rose Possession of Marijuana with Intent to Distribute
Barry James Sanderson Jr. Kidnapping
Demetries Andre Sanford Armed Robbery
Dawn Renee Schaefer Embezzlement; Shoplifting; Conspiracy to Commit Crime of Felony Shoplifting
Jason Todd Shivers Sale of LSD
Perry Lee Sims Grand Larceny
Justin O'Keefe Smith DUI Death
Linda Gale Smith Forgery
Leslie Carlton Smith Robbery with a Deadly Weapon
Patricia Diane Southerland Embezzlement
Billy Ray Sims Possession of Marijuana
Scott McLean Smith Sale of Amphetamine
Shirley Ann Smith Embezzlement
Robert Edward Stanfield Sale of a Controlled Substance
Robert D. Stakley Uttering Forgery
Tyrone Steele Sale of Marijuana
Clemmie Rogers Stewart Jr. Embezzlement
Thomas Stewart Receiving Stolen Property
Neil Fowler Strickland Burglary and Larceny of an Automobile; Burglary and Larceny
Wesley Dwayne Spears Burglary of a Storehouse
Robin Creel Speath Burglary of an Inhabited Dwelling
Emma Stuckey Manslaughter
Paul James Sullivan Assault on a Law Enforcement Officer
Kevin Bradley Tabereaux Sale of Cocaine; DUI Homicide
Mitchell Travis Tanksley Larceny of Cattle
Kirby Glenn Tate Possession of Marijuana with Intent; Possession of
Oxycodone; Delivery of Marijuana
Jimmy Lee Thomas Burglary of a Business
Samuel Tisdale Jr. Manslaughter
Steven A. Thompson Bribery and or Attempted Bribery
Alice Triplett Embezzlement
Clarence Crawford Tyer Jr. Possession of Stolen Property
Leton Cellious Upchurch Attempted Enticement of a Child for Prostitution
Marion Lee Upchurch Jr. Burglary of a Dwelling House; Felony Possession of a Firearm
Joel Warren Vann DUI Death
Chelley Lee Wade Manslaughter (2 counts)
Burton Hill Walden DUI Death
Bobby Gene Wallace Aggravated Assault
Donna Meshea Walters DUI Third Offense
Anthony Maxwell West Embezzlement
Narquita Watson Conspiracy to Commit Armed Robbery; Accessory After Fact to Capital Murder
Aaron D. Williams Aggravated Assault
Corey Dean Williams Sale of Controlled Substance; Possession of
Hydromorphone
Carol Denise Williams Forged False or Fraudulent Prescription
Shirley Ann Winston Forgery
Ralph Edward Worthy Sale of Marijuana
Charles Edward Yates Jr. Unlawful Possession of Precursor Chemicals; Possession of Methamphetamine
Charles Jerome Young Receiving Stolen Property
Betty Jean Linston Sale of Marijuana
Hardy McCormick Jr. Sale of Marijuana and Receiving Stolen Property
James Lewis Black Armed Robbery
Edith Watts Delivery of a Controlled Substance
Curtis Thomas Statutory Rape
Danny Joe Stapleton Possession of Controlled Substance with Intent
Johnny Lee Nettles Aggravated Assault
Annie Pearl Rash Uttering Forgery
John Davis Robbery
Travis Orlando Hill Possession of Marijuana with Intent to Distribute
Tawanda Jackson Manslaughter, Armed Robbery and Kidnapping
Rheon McShepard Homicide or Murder
Melissa Ann Cooper Sale of Controlled Substance
Jesse Buie Felony DUI
Nichelle Elaine Brandon Aggravated Assault
Daniel Mac Dobbins Possession of Marijuana
Karen Irby Manslaught er (2 Counts)
Judy Lynn Eichelberger Hawkins Conspiracy to Commit Forgery
Ellis Ray Mooneyham Burglary of a Dwelling
Leon Turner Murder
Derrick Lynn Guiton Homicide/Murder; Simple Assault
Walter James McKee Armed Robbery
Eldridge Dean Bonds Forcible Sexual Battery
Thomas Levi Howell Sale of Embezzlement; Burglary
Harold L. Miller III Manslaughter
Reggie Rogers Felony DUI
John Mitchell Sale of Controlled Substance
Emily Rebecca Hentz Conspiracy to Manufacture Methamphetamine; Attempt to Manufacture Methamphetamine
Aaron Brown Murder; Concealed Weapon; Possession of a Controlled Substance
Carol Pinkston Burglary
Guy Blan Newcomb Sale of Cocaine
Marion Thompson Armed Robbery
Larry Harper Homicide; Aggravated Assault; Felony Possession of a Weapon
Kelly Bellapani Possession of a Controlled Substance
Jennifer Wilder Sexual Battery
Azikiwe Kambule Accessory After the Fact to Murder; Armed Carjacking
Douglas Hunter Heindman Cyberstalking
Larry Booker Uttering Forgery
Lindsay Kathryn Welch Manslaughter (Culpable Negligence)
Steven Todd Thompson Domestic Violence
Brenda Louise Travis Felony Shoplifting
Patricia L. Simpson Manslaughter
Robert Henderson Receiving Stolen Property; Possession of Cocaine
Read more: http://www.dailymail.co.uk/news/article-2085070/Haley-Barbour-pardons-nearly-200-including-rapists-killer-Brett-Favres-brother.html#ixzz1jGixK3CZ
onenote
(42,704 posts)I wouldn't jump to the assumption that because its a large number that all of them are questionable. Some appear to be dubious. But it would be a bad thing if the reaction to this story caused chief executives to think twice about exercising their pardon/commutation power, particularly with respect to individuals who have done their time and for whom the grant of a pardon can mean the restoration of the right to vote and/or an easier road to getting a job.
MADem
(135,425 posts)Of course Clinton had political motives, Marc Rich proves that.
But how many murderers did Clinton pardon?
I don't have a problem with the drug users/dealers, the check forgers, drunk drivers, petty burglars and so on getting there second chance. But he pardoned a number of people who killed their spouse or girlfriend, often brutally. That's where I wonder what the hell he was thinking.
Grassy Knoll
(10,118 posts)happyslug
(14,779 posts)In all criminal and penal cases, excepting those of treason and impeachment, the governor shall have power to grant reprieves and pardons, to remit fines, and in cases of forfeiture, to stay the collection until the end of the next session of the legislature, and by and with the consent of the senate to remit forfeitures. In cases of treason he shall have power to grant reprieves, and by and with consent of the senate, but may respite the sentence until the end of the next session of the legislature; but no pardon shall be granted before conviction; and in cases of felony, after conviction no pardon shall be granted until the applicant therefor shall have published for thirty days, in some newspaper in the county where the crime was committed, and in case there be no newspaper published in said county, then in an adjoining county, his petition for pardon, setting forth therein the reasons why such pardon should be granted.
http://www.sos.state.ms.us/ed_pubs/constitution/constitution.asp
First Question on this section:
What is Mississippi going to do, when Newspapers disappear? i..e if someone committed the murder in a County without a Newspaper AND none of the countries around it has a Newspaper, how does a person comply with this section
The Key sentence is the last clause of the section:
and in cases of felony,after conviction no pardon shall be granted until the applicant therefor shall have published for thirty days, in some newspaper in the county where the crime was committed, and in case there be no newspaper published in said county, then in an adjoining county, his petition for pardon, setting forth therein the reasons why such pardon should be granted.
This section only applies to Felonies (i.e, if convicted of a misdemeanor, no need to publish), but only requires a person asking for a Pardon to publish such a request in a Newspaper of the county the crime occurred in NOT that the Governor must demand that such publication occurs.
As a general rule, a Pardon can be granted WITHOUT A REQUEST FOR A PARDON BEING MADE. In such a case, how can the person being pardon KNOW he or she MUST publish a request for a Pardon he or she never made?
On the other hand, what if the prisoners informally, but verbally, that they would like a pardon? That clearly would still be a request and should have been published.
I do NOT know the education levels of the prisoners, but what affect does an inability to read and write has on the demand that any request be in writing?
A further issue, is how can a prisoner PAY for such publication, when they have no income? Newspapers do NOT do print such papers unless they are paid first. People who can afford publication can get pardons, but NOT people who can NOT afford such publications? Now, this would be a FEDERAL equal protection issue (the clause in question is in the Mississippi Constitution so equal protection under any state constitutional provisions do NOT apply) but is such a difference in treatment do to an ability to pay a denial of equal protection of the laws? The inability to pay has NOT been held to violate FEDERAL Equal protection issues (With the exceptions of the right to counsel in CRIMINAL matters and similar cases), thus a weak argument on the federal level, but at least an argument can be made at the federal level, for this being a Constitutional clause can NOT be argued under any STATE equal Protection clause.
I did a quick search of Mississippi law on this issue, but could not find anything. Interesting case for the Courts of Mississippi.
leftynyc
(26,060 posts)this weekend to help build some homes and paint a school. Her mom (my sister) was absolutely thrilled to hear about how there are convicted murderers and rapists running around that state thanks to Barbour. One who was sentenced to life plus 30 years as his crime was so heinous.