Jackson Jambalaya

The competence of the Hinds County judiciary is equal to that of the investigatory and prosecuting teams' skills. She'll get out of jail yet, evan after a guilty plea.

Interesting, but how in the world did Joe Holloman approve/sign this order when the charge was so clearly wrong?

Who knows. Prosecution did a good job. They saved a case that was going to blow up at trial. The BAC and speed would've been thrown out or substantially discredited. DA's office remedied what JPD screwed up.

KF, I'm not connecting your answer. Wasn't the guilty plea agreed on after the charge had been reduced? How could Hollomon approve the plea for the harsher charge?

Nice question. I have no answer.

If she's arguing inefficient or inadequate counsel she now has evidence of the sloppiness of his work.

Sloppiness is too kind. Can the man read?

Will this saga ever end? Kingfish, you do an amazing job in keeping the public informed!!

Does she actually have a chance?

Holloman approved the content of the Order. He should have never signed it as it clearly states she is pleading guilty to Depraved Heart Murder. That was not what she pled guilty to.

I agree. This adds valuable evidence that Bell will use in proving ineffective assistance of counsel on Holloman's part.

This is too funny ...

It seems obvious, however that Karen Irby pleaded 'guilty' to
culpable negligent homocide in open court and there was no ambiguity in the words of the judge or the words of Karen Irby on that day. Surely, this is a
wrongly crafted court order that should be corrected.

I dont think it will automatically void her guilty plea.

I don't think anyone is saying that it will void it. Just shows that they didn't pay attention to what they signed.

Setback for Stuart Irby in civil case.

A judge has denied Jackson businessman Stuart Irby's request to gain access to his wife Karen Irby's medical records in a civil case.

I guess sometimes you DON'T get what you paid for.

Stuart Irby's attorney Douglas Vaughn argued that Karen Irby's medical records are needed because her statements now about the cause of the accident are inconsistent with prior statements made after the Feb. 11, 2009, accident that killed two doctors.

One reason for wanting to see the medical records is to see if Karen Irby received any injuries that might have impaired her memory, Vaughn said.

No Stuart. Karen isn't faking memory loss.

Is this the same .6 million dollar man?

It will be interesting to hear what a lawyer will say about this. Whether it is a substantive error or a minor one that will have little consequence.

Is there a possibility this "case" is being/was thrown on purpose?

Whatever kind of error it is...bottom line it's an error and should be fixed. Don't you think?

Anybody know why Stuart hired an attorney from Gulfport and not local?

So he wouldn't have to worry about me knowing the lawyer's wife, kids, in-laws, relatives, barber, massuese, mistress, shrink, doctors, paperboy, etc.

Who is the attorney from Gulfport?
Karen is from Gulfport.

To 1:23 PM

Whatever kind of error it is...bottom line it's an error and should be fixed. Don't you think?

well, yeah it needs to be corrected but dont you think its a bigger question to know the severity of the error?

Your sarcasm is kinda meaningless.

Yeah, but Kingfish isn't from Gulfport and that is all that matters because it is all about Kingfish, donchaknow?

"So he wouldn't have to worry about me knowing the lawyer's wife, kids, in-laws, relatives, barber, massuese, mistress, shrink, doctors, paperboy, etc."

KINGFISH FOR ATTORNEY GENERAL!

"Yeah, but Kingfish isn't from Gulfport and that is all that matters because it is all about Kingfish, donchaknow?"

It's Kingfish's blog, so if you don't like it, GO AWAY.

I wasn't trying to be sarcastic.

I wasn't trying to be sarcastic.

OK, I agree the order should be amended.

Even though Joe Holloman was paid top dollar for Karen Irby's defense, he was obviously paying very little attention to her or the details of her case.

Isn't it true all the attorney has to do is file an amended order stating the correct sentence. She plead guilty in front of everyone so the order was written wrong. Doesn't that happen and an amended order correct this issue?

The Judge asked her if she new the charges against her and she said yes. Isn't that enough?

Stuart Irby's attorney argued before the Judge that Karen Irby's medical records are essential to Karen Irby's claim that Stuart Irby beat her and pulled her hair while she was driving right before the crash. Stuart Irby's attorney wants to see if the doctors noticed any hair missing from Karen Irby's scalp.

A person can be controlled and manipulated simply by someone grabbing their hair and holding on tight. There doesn't have to be patches of hair missing in order for someone's head to be in a strong grip by someone else.

The possibility is that Karen Irby could have been punched repeatedly by Stuart Irby striking her with one hand while his other hand controlled her head by gripping her hair.

Something tells me that we will never know the truth since Stuart Irby says he cannot recall anything about the accident.

Perhaps with these claims against him he will recovery his memory in order to defend himself. You think?

Sorry, Kingfish. I did not mean to post about medical records in your blog. It did not follow your topic about Judge Green's sloppy work in her order.
I meant to post to a piece in the CL regarding Stuart Irby's attorney being denied access to Karen Irby's medical records at this time.

the order can be corrected easily as a drafting error. but it's sloppy and good fodder for the KI challenge. makes "mr. joe" look like a fool.

This is a LMN movie for sure! Let me know when it airs!

Karen plead guilty to a crime in open court. The "amended plea" comment earlier is on track. It's an error, it should and will be corrected.

As to JH vs. JG, I believe that the latter will suffer the mistake more than JH.

Karen drank. Karen drove recklessly and caused the death of two individuals. Karen plead guilty.

Time is Karen's worst fear. She has a lot of it. She is making good on her time with her follies.

Good luck, don't let the bars hitcha' in the arse.

Agreed, 6:55. The order will be corrected and it will make little difference in this case. The Gulfport lawyer was likely hired by his insurance co. Irby probably never heard of the guy before. However, since the case exceeds his policy limits, he likely has independent counsel lurking in the background and looking over the Gulfport lawyer's shoulder.

I got it.

The .6 million dollar man....

Hey I got to say it, it is a welcome breath of fresh air to have JD's lurking here. Thanks to all of you!

See Chandler v. State, 27 So. 3d 1199, 1201 (Miss. App. 2010). "[O}ur supreme court has held that where there is a direct conflict between the oral and written pronouncements of a sentence, the written order controls. Id. at (¶ 8) (citing Temple v. State, 671 So.2d 58, 59 (Miss.1996) (holding that “in order for a sentence to be valid, a judgment must be entered as of record.”)).

Well, if I take your above statement, doesn't she run the risk of being resentenced under the written order? In that case, she's going away for a lot longer than the original sentence if she risks appealing this to the MSSC and it gets kicked back to Green...I think she might be a little perturbed at this point.

It was a scribner's error...nothing more. Making way too much out of it. Did I spell scribner right?

So is it Judge Green who files the Scribner's affidavit or is it Hollerman or is it the new attorney?

It is a scrivener affidavit and as I understand it, it only applies to real estate, not criminal orders?

The lawyer usually drafts the agreed order for the judge to sign.

According to Whitaker v. State, 22 So.3d 326, (Miss.App.2009):

"Courts of record have inherent power to correct clerical errors in criminal prosecutions as well as civil actions. See Kitchens v. State, 253 Miss. 734, 737, 179 So.2d 13, 14 (1965). *330 The appropriate resolution of this matter is to remand this case to the trial court to correct the clerical error."

Anon: June 14th @ 5:52, Yes.

KF: I may have missed it, but has the Motion to Set Aside Orders been set for hearing?

Judge Green had a good point in the clarion ledger....

Basically , saying that Karen Irby's lawyer actually did a good job getting his client a lesser plea to what she was originally charged with and facing life in prison

Karen's lawyer had nothing to do with it. The DA had to throw out Dep. Heart when the speed was miscalulated.