Senior Circuit Judge Tomie Green ignored the law yet again and suspended all but twenty years on a life sentence for a convicted killer. A Hinds County jury convicted Hamin Shaheed of first degree murder in April. However, Judge Green sentenced him to serve life in prison but then suspended all but twenty years of the sentence.
Mr. Green was born on March 2, 1990. The killer will thus be set free when he is 45 years old. Mississippi law does have something to say on the suspension of sentences:
Section 47-7-33 of the Mississippi Code: (1) When it appears to the satisfaction of any circuit court or county court in the State of Mississippi, having original jurisdiction over criminal actions, or to the judge thereof, that the ends of justice and the best interest of the public, as well as the defendant, will be served thereby, such court, in term time or in vacation, shall have the power, after conviction or a plea of guilty, except in a case where a death sentence or life imprisonment is the maximum penalty which may be imposed or where the defendant has been convicted of a felony on a previous occasion in any court or courts of the United States and of any state or territories thereof, to suspend the imposition or execution of sentence, and place the defendant on probation as herein provided, except that the court shall not suspend the execution of a sentence of imprisonment after the defendant shall have begun to serve such sentence. In placing any defendant on probation, the court, or judge, shall direct that such defendant be under the supervision of the Department of Corrections.
This is not the first time Judge Green has apparently ignored the law and suspended part of a sentence. JJ readers may remember a sicko named Bias who raped his three-year old daughter and gave her an STD. Judge Tomie Green sentenced him to 20 years and suspended 5 years of the sentence in 2011. He will be out of jail when his daughter is 18 years old. Earlier post on Bias case. The law Section 97-3-65 (3)(c) of the Mississippi Code states:
If eighteen (18) years of age or older and convicted under subsection (1)(b) of this section, to imprisonment for life in the State Penitentiary or such lesser term of imprisonment as the court may determine, but not less than twenty (20) years;What does (1)(b) state?
(b) A person of any age has sexual intercourse with a child who:Kingfish note: That was the news, now for the opinion. These suspensions are nothing short of being illegal acts committed by an out of control judge. A judge who takes a tougher line against the Sheriff and other judges than she does to criminals. These two cases are just the ones known to JJ. One shudders to think if there are other cases where Judge Green has ignored the law to help a criminal. Readers can send notices of other similar cases to kingfish1935@gmail.com.
(i) Is under the age of fourteen (14) years;
(ii) Is twenty-four (24) or more months younger than the person; and
(iii) Is not the person's spouse.
28 comments:
I assure you there are many, many more. These cases are not anecdotal, there is plenty of evidence out there. Go find it.
Showing my ignorance, but will anyone appeal this (these) or can anyone do so?
If she has not followed the law on sentencing, who is to stop her? Other than the voters?
Seems to me this is one issue that the state can appeal. Anybody willing to bet Smith will bother?
Any somehow Judge Weill is the one making headlines. This real and actual judicial misconduct will undoubtedly continue to go unreported by the media.
This is just further proof that the attack on Weill is nothing more than a conspiracy by the Plaintiff's bar.
I'm "sure" that eyebrows aka Robert Smith is all over this one. He probably doesn't even know what the law says.
I got to move to another county asap.
This is sick. She is acting like a civil servant, but I am hard-pressed to believe she actually is an elected judge.
Canon 3(B)(2) of the Mississippi Canons of Judicial Ethics requires that a Judge "shall be faithful to the law..." Presuming there's not some exception to the rules previously cited by Kingfish, I guess Her Honor missed the day they covered that in judge school.
It's only one criminal. What's the big deal?
I thought that sentencing guidelines applied to convictions and that the judge had little to no discretion with regard to sentencing if a defendant were convicted by a jury.
Given her habit of bending/breaking the rules, it seems like Judge Green should have had about 1000 complaints to the Commission on Judicial Performance at this point. These can be filed anonymously, by the way (wink, wink).
Weill and Green are both wrong.
It was mentioned in the media last week and to his credit, the District Attorney did issue a statement disagreeing with the sentence and pointing out she was ignoring the law.
I don't know why this case was post worthy. One can go sit in Judge Green's courtroom during any day when pleas are scheduled and witness much more egregious miscarriages of justice due to her sentencing. For some reason, she is particularly lenient when it comes to sex crimes.
Go watch pretrial motions and first days of trial. Watch as she tells both sides which witnesses can and can't be called and in what order.
The mind reels.
Why doesn't the state attorney general's office do something about this? I know they are busy suing (and running out of the state) every company in a financial shakedown plan, which, by the way runs jobs across the state lines.
Smith needs to put up or shut up. If he doesn't appeal it, that cinches it, I'll never vote for that loser for anything ever again.
1:03pm, please note that Kingfish made a note of how many other possible aggregious decisions might exist made by this mockery of a judge. There is nothing particularly special about this one.
Shaheed has already filed his appeal with the SCt. The State can essentially cross-appeal on the sentencing issue. Appeals are typically handled by the AG's Office, not the local DA.
9:34, look up "non sequitur." What you learn could change your life.
2:20
Where do you buy your knee pads?
The DEFENDANT is appealing.
http://courts.ms.gov/Images/Orders/500_165839.pdf
when there is a conviction, the Attorney General, Hood, handles all appellate matters. The DA did object to the sentence and thus preserved the record.
I don't know why this case was post worthy.
It probably wasn't post worthy on your blog. Remind us where we can find your online presence?
Hence why Smith's office makes open pleas in her court. She hates them so much she will really undercut their sentencing recommendations. Can't say I blame them.
Hey 10:01, I realized back in 1980 that Jackson and Hinds County were spiralling down the same toilet that flushed Detroit, Newark, and other cities the citizens voted to allow the inmates to run the asylum. I'm just so thankful that I had the opportunity to escape and relocate back in 1980. Crime is only part of the problem, but is certainly emblematic of the bleak
situation, along with the poor
condition and state of the city's infrastructure.
Saltwater; You sound like a real chump. Get outa town! This time, stay out!
If everyone reading this blog would file an anonymous judicial complaint, she will have to answer her actions. See below from the Miss. Judicial Commission site:
Any citizen, litigant, attorney, law enforcement official, judge, public official, or other individual who has knowledge of possible judicial misconduct may file a complaint with the Commission. Complaints may also be filed anonymously. Additionally, the Commission may file a complaint on its own motion based upon matters it learns of in other ways, such as from mass media and information obtained during the course of an investigation.
A complaint form may be obtained by downloading it from this website or by calling the Commission office to request that a copy be sent by facsimile or U.S. mail. Additionally, you may come to the Commission office to file a complaint. All complaints must be submitted to the Commission office by facsimile, U.S. mail, or hand delivered to the Commission office at the following address:
Mississippi Commission on Judicial Performance
660 North Street, Suite 104
Jackson, Mississippi 39202
hey, here's an idea! Since KF is a lawyer, but doesn't have a license and thus no practice, he can gather the documentation and file the complaint without fear of recourse from Green or her cohorts.
On or two instances won't get any results though. A complaint is going to have to show an ongoing pattern of ignoring the law while knowing what the law is. That's the problem: Green is woefully ignorant of what the law is. They don't discipline judges [except Justice Court Judges in certain situations] for lack of talent or skill - that's the voter's job. They discipline County, Circuit, Chancery and Appellate Judges for WILLFUL misconduct.
I'm wondering how many complaints have now been filed...
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