Madison County Justice Court Judge McKinley denied Robin Mayfield's petition at a probable cause hearing against three Madison police officers. He said the statute cited by Mrs. Mayfield, 97-17-93, did not give the court the power to issue citations. Mrs. Mayfield's lawyer and brother, John Reeves, did not appear in the courtroom. More to follow.
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18 comments:
Figures. What a showboat dick.
Here we go, let the tea party vs establishment comments begin. The odds are low that anything new will be said, but a lot will be said.
It appears that Mrs. Mayfield was represented in court by counsel that is more competent than John Reeves. #ProSe
Her revenge plot against the Officers is biting her in the ass. I hate her husband killed himself but she just needs to quit. She is going to open a huge can of worms that can't be closed.
Is her attorney using this woman? Does she realize this?
" Mrs. Mayfield's lawyer and brother, John Reeves, did not appear"
"It appears that Mrs. Mayfield was represented in court by counsel that is more competent than John Reeves."
It doesn't say that any attorney was present in court. Very odd.
This is the code referenced
97-17-93. Entering lands of another without permission; enforcement; relation to other statutes; dismissal of prosecution
(1) Any person who knowingly enters the lands of another without the permission of or without being accompanied by the landowner or the lessee of the land, or the agent of such landowner or lessee, shall be guilty of a misdemeanor and, upon conviction, shall be punished for the first offense by a fine of Two Hundred Fifty Dollars ($ 250.00). Upon conviction of any person for a second or subsequent offense, the offenses being committed within five (5) years of the last offense, such person shall be punished by a fine of Five Hundred Dollars ($ 500.00), and may be imprisoned in the county jail for a period of not less than ten (10) nor more than thirty (30) days, or by both such fine and imprisonment. This section shall not apply to the landowner's or lessee's family, guests, or agents, to a surveyor as provided in Section 73-13-103, or to persons entering upon such lands for lawful business purposes.
(2) (a) It shall be the duty of sheriffs, deputy sheriffs, constables and conservation officers to enforce this section.
(b) Such officers shall enforce this section by issuing a citation to those charged with trespassing under this section.
(3) The provisions of this section are supplementary to the provisions of any other statute of this state.
(4) A prosecution under the provisions of this section shall be dismissed upon the request of the landowner, lessee of the land or agent of such landowner or lessee, as the case may be.
The County Prosecutor Allen Phillips represented the State Of Mississippi and John T Kitchens represented the Police officers
Mrs. Mayfield should grow some balls. For a minimal fee you can employ some gentlemen from west Jackson that will get the point across much more thoroughly than the monkey courts in our state.
I find it interesting that the only media outlet reporting this is Kingfish. I guess the other media interests in the metro area don't want to bother with a story that vindicates police officers. It really shows their true motives.
Odd = John Reeves
Odd = Robin Reeves Mayfield
Odd = The whole dang mess
Truth be told, I've got six pages of notes from the hearing yesterday. I probably should write up the rest of the story but after what I saw yesterday, I question whether I should do it or not. The basic information is posted.
FYI for those commenting about attorneys - in any criminal action it is the state prosecuting the action against the defendants. Therefore it would be a city attorney, county prosecutor, district attorney or assistant district attorney or attorney general. Unless appointed, a private attorney doesn't represent the state.
KF: if you saw something interesting, do tell.
I guess we need to be prepared for more fliers put out about how the mayor of Madison had something to do with all this.
9:07 So, if a cop hears screaming and gunshots from behind a closed door this legislation does not allow for him to enter the "lands" without being accompanied or invited by the owner? No exceptions for that?
I believe that in order to be successfully prosecuted for trespass, the accused must first have entered onto land or premises clearly posted by visible sign or appropriate notice seen by a reasonable person from a distance of forty feet. You have GOT to be warned. Mere existence of a piece of land that you don't own is not sufficient to have you prosecuted should you enter upon it.
If you walk onto somebody's front yard not knowing the intent of the owner to have it posted, you will NOT be found guildy of a misdemeanor.
That's why I have posted signs on trees on my property. And so should you.
@3:41-That would be an example of exigent circumstances where a warrant or consent is not needed by police to enter. Actually police would have a duty to enter in that circumstance.
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