Monday, May 11, 2015

First degree murder, child molesting, it's all the same to Judge Green. Just ignore the law.

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:
      (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.
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 


Anonymous said...

I assure you there are many, many more. These cases are not anecdotal, there is plenty of evidence out there. Go find it.

Anonymous said...

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?

Anonymous said...

Seems to me this is one issue that the state can appeal. Anybody willing to bet Smith will bother?

Anonymous said...

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.

Anonymous said...

I'm "sure" that eyebrows aka Robert Smith is all over this one. He probably doesn't even know what the law says.

Anonymous said...

I got to move to another county asap.

Anonymous said...

This is sick. She is acting like a civil servant, but I am hard-pressed to believe she actually is an elected judge.

Anonymous said...

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.

Anonymous said...

It's only one criminal. What's the big deal?

Anonymous said...

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).

Anonymous said...

Weill and Green are both wrong.

Kingfish said...

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.

Anonymous said...

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.

Anonymous said...

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.

Anonymous said...

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.

Anonymous said...

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.

Anonymous said...

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.

Anonymous said...

9:34, look up "non sequitur." What you learn could change your life.

Anonymous said...

Where do you buy your knee pads?

Anonymous said...

The DEFENDANT is appealing.

Anonymous said...

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.

Anonymous said...

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?

Kingfish said...

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.

Saltwaterpappy said...

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.

Brackish Is Better said...

Saltwater; You sound like a real chump. Get outa town! This time, stay out!

Anonymous said...

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

Anonymous said...

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.

Anonymous said...

I'm wondering how many complaints have now been filed...

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Trollfest '09

Trollfest '07 was such a success that Jackson Jambalaya will once again host Trollfest '09. Catch this great event which will leave NE Jackson & Fondren in flames. Othor Cain and his band, The Black Power Structure headline the night while Sonjay Poontang returns for an encore performance. Former Frank Melton bodyguard Marcus Wright makes his premier appearance at Trollfest singing "I'm a Sweet Transvestite" from "The Rocky Horror Picture Show." Kamikaze will sing his new hit, “How I sold out to da Man.” Robbie Bell again performs: “Mamas, don't let your babies grow up to be Bells” and “Any friend of Ed Peters is a friend of mine”. After the show, Ms. Bell will autograph copies of her mug shot photos. In a salute to “Dancing with the Stars”, Ms. Bell and Hinds County District Attorney Robert Smith will dance the Wango Tango.

Wrestling returns, except this time it will be a Battle Royal with Othor Cain, Ben Allen, Kim Wade, Haley Fisackerly, Alan Lange, and “Big Cat” Donna Ladd all in the ring at the same time. The Battle Royal will be in a steel cage, no time limit, no referee, and the losers must leave town. Marshand Crisler will be the honorary referee (as it gives him a title without actually having to do anything).

Meet KIM Waaaaaade at the Entergy Tent. For five pesos, Kim will sell you a chance to win a deed to a crack house on Ridgeway Street stuffed in the Howard Industries pinata. Don't worry if the pinata is beaten to shreds, as Mr. Wade has Jose, Emmanuel, and Carlos, all illegal immigrants, available as replacements for the it. Upon leaving the Entergy tent, fig leaves will be available in case Entergy literally takes everything you have as part of its Trollfest ticket price adjustment charge.

Donna Ladd of The Jackson Free Press will give several classes on learning how to write. Smearing, writing without factchecking, and reporting only one side of a story will be covered. A donation to pay their taxes will be accepted and she will be signing copies of their former federal tax liens. Ms. Ladd will give a dramatic reading of her two award-winning essays (They received The Jackson Free Press "Best Of" awards.) "Why everything is always about me" and "Why I cover murders better than anyone else in Jackson".

In the spirit of helping those who are less fortunate, Trollfest '09 adopts a cause for which a portion of the proceeds and donations will be donated: Keeping Frank Melton in his home. The “Keep Frank Melton From Being Homeless” booth will sell chances for five dollars to pin the tail on the jackass. John Reeves has graciously volunteered to be the jackass for this honorable excursion into saving Frank's ass. What's an ass between two friends after all? If Mr. Reeves is unable to um, perform, Speaker Billy McCoy has also volunteered as when the word “jackass” was mentioned he immediately ran as fast as he could to sign up.

In order to help clean up the legal profession, Adam Kilgore of the Mississippi Bar will be giving away free, round-trip plane tickets to the North Pole where they keep their bar complaint forms (which are NOT available online). If you don't want to go to the North Pole, you can enjoy Brant Brantley's (of the Mississippi Commission on Judicial Performance) free guided tours of the quicksand field over by High Street where all complaints against judges disappear. If for some reason you are unable to control yourself, never fear; Judge Houston Patton will operate his jail where no lawyers are needed or allowed as you just sit there for minutes... hours.... months...years until he decides he is tired of you sitting in his jail. Do not think Judge Patton is a bad judge however as he plans to serve free Mad Dog 20/20 to all inmates.

Trollfest '09 is a pet-friendly event as well. Feel free to bring your dog with you and do not worry if your pet gets hungry, as employees of the Jackson Zoo will be on hand to provide some of their animals as food when it gets to be feeding time for your little loved one.

Relax at the Fox News Tent. Since there are only three blonde reporters in Jackson (being blonde is a requirement for working at Fox News), Megan and Kathryn from WAPT and Wendy from WLBT will be on loan to Fox. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both and a torn-up Obama yard sign will entitle you to free drinks served by Megan, Wendy, and Kathryn. Get your tickets now. Since this is an event for trolls, no ID is required. Just bring the hate. Bring the family, Trollfest '09 is for EVERYONE!!!

This is definitely a Beaver production.

Note: Security provided by INS.

Trollfest '07

Jackson Jambalaya is the home of Trollfest '07. Catch this great event which promises to leave NE Jackson & Fondren in flames. Sonjay Poontang and his band headline the night with a special steel cage, no time limit "loser must leave town" bout between Alan Lange and "Big Cat"Donna Ladd following afterwards. Kamikaze will perform his new song F*** Bush, he's still a _____. Did I mention there was no referee? Dr. Heddy Matthias and Lori Gregory will face off in the undercard dueling with dangling participles and other um, devices. Robbie Bell will perform Her two latest songs: My Best Friends are in the Media and Mama's, Don't Let Your Babies Grow up to be George Bell. Sid Salter of The Clarion-Ledger will host "Pin the Tail on the Trial Lawyer", sponsored by State Farm.

There will be a hugging booth where in exchange for your young son, Frank Melton will give you a loooong hug. Trollfest will have a dunking booth where Muhammed the terrorist will curse you to Allah as you try to hit a target that will drop him into a vat of pig grease. However, in the true spirit of Separate But Equal, Don Imus and someone from NE Jackson will also sit in the dunking booth for an equal amount of time. Tom Head will give a reading for two hours on why he can't figure out who the hell he is. Cliff Cargill will give lessons with his .80 caliber desert eagle, using Frank Melton photos as targets. Tackleberry will be on hand for an autograph session. KIM Waaaaaade will be passing out free titles and deeds to crackhouses formerly owned by The Wood Street Players.

If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!

This is definitely a Beaver production.

Note: Security provided by INS