Wednesday, October 12, 2022

Judge Wooten Fights Back on Fox Case

 It's amazing how fast someone can make things happen when properly motivated.   Hinds County Circuit Judge Adrienne Wooten set a hearing for Anthony Fox's motion for Judgment notwithstanding the verdict or for a new trial in the alternative for December 20, 2022.  A jury convicted the former JPD and Clinton police officer of culpable manslaughter in the death of George Robinson.  

Judge Wooten sentenced him to serve 20 years in prison but suspended 15 years of the sentence on August 17. Judge Wooten denied his request to remain free on bond while appealing his conviction.

Fox filed a notice of appeal with the Mississippi Court of Appeals on September 26 as well as a motion for judgment not withstanding the verdict in Hinds County Circuit Court on August 26.  However, Judge Wooten informed Fox's lawyers a hearing could not be held until December 20.  

The Attorney General represents the prosecution during the appeal process.  The A.G. stated in a response filed with the Court of Appeals this week she would not oppose his motion to remain free on bond during his appeal.  

Kingfish note: Don't be shocked if Judge Wooten loses this one.  Mississippi Rule of Criminal Procedure 25.3 states: 

A motion for a new trial or a motion to vacate judgment pending thirty (30) days after entry of judgment shall be deemed denied as of the thirtieth (30th) day after the motion was filed. However, the parties may agree in writing, or the court may order, that the motion be continued past the thirtieth (30th) day to a date certain within ninety (90) days after the motion was filed; any motion still pending after the date to which it is continued shall be deemed denied as of that date. The motion may be continued from time to time as provided in this Rule.

Adopted eff. July 1, 2017 ; amended eff. July 1, 2018.

Comment

Rule 25.3 is new to Mississippi practice. The Rule promotes finality by providing that a motion for a new trial or a motion to vacate judgment shall not remain pending in the trial court for more than thirty (30) days after the motion was filed. This Rule thereby addresses the problem of when a timely post-trial motion is filed but is not decided or even noticed for a hearing. Such a case is then essentially in limbo, as the pending post-trial motion indefinitely postpones the running of the period for filing a notice of appeal and indefinitely delays finality in the case. This deadline may be extended by written agreement of the parties or court order to a date certain within ninety (90) days after the motion was filed. Multiple extensions of the deadline, which should be rare, are nonetheless permitted by Rule 25.3.



27 comments:

Anonymous said...

Judge Useless

Anonymous said...

Racist ass ducking bitch ass jamie

Anonymous said...

At 6:07
Do you have anything of relevance to contribute? You really remind me of a choke voter… lots of voice but very little substance…..prove me wrong…..

Anonymous said...

I was in the original jury pool for this case. Complete waste of time. Fox did his job as many JPD officers do. And no wonder nobody wants to work for JPD for Pennies and now when there’s not only a severe lack of support and morale but the risk of losing everything and sent to prosecution/jail time for their actions. Fox got caught in a political trap of ridiculousness. Netflix will make a movie of this eventually.

Anonymous said...

Judge Adrienne Pooten must read JJ.

Anonymous said...

I don't understand all this legal speak. Can someone explain it in laymans terms for me?

Anonymous said...

Figures!! FOLKS SHE'S GOT TO GO! We deserve a better judge! Vote her out in November!!!

Anonymous said...

Who wrote the 'comment' above in the initial story piece? Obviously Kingfish has somebody doing his work for him but not giving them credit for their work.

P.S. - 6:07 needs an enema. Containing a squirt of Louisiana hot-sauce. Administered by Coach Ballbricker from Porky's.

Anonymous said...

Adrian Wooten know she is fine.

Anonymous said...

"Who wrote the 'comment' above in the initial story piece? Obviously Kingfish has somebody doing his work for him but not giving them credit for their work."

You obviously don't know Kingfish. He graduated from law school, plus he actually attends hearings and court proceedings, and goes in person to get information from courts and jails.

Anonymous said...

It's a cover her ass hearing....let's say her numbers aren't great this election, Dec. 20 is likely right before a vacation to the new year, new job...She finds out she loses re-election in Nov., grants the motion for new trial in Dec., everyone gets off her ass, investigation (if there is one) dissolves and we get back to the regularly scheduled garbage, water, farve/ex-gov, crime/murders, etc.

Anonymous said...

I don't understand what constitutes the judge "fighting back" or in what sense she could "lose this one." It sounds to me like she simply set a hearing on the defendant's motion. That seems like a good thing for the defendant since under that rule, his motion would be deemed denied otherwise.

Anonymous said...

Wooten has no more business being a circuit judge than she has being an astronaut, but she will be reelected because her name is in the news for better or worse, and name recognition is all that counts in Hinds County judicial elections. It's ALL that counts.

Anonymous said...

The "comment" is attached to the rule. And Wooten has lost jurisdiction of the motion for new trial so good luck with that hearing, stupid judge.

Anonymous said...

Wooten is EXACTLY the type of Judge the Hinds County populace desires. She will be re-elected in a landslide.

Anonymous said...

I hired a Jackson cop this year. I offered him the same rate JPD paid him. He didn’t care, he just wanted out. I asked him why and he said “politics and lack of support.” He said ever since the mayor got elected and announced he would publicize the name of any officer involved in a shooting, everything has just gone downhill.

He’s a damn good employee, too. I live in Jackson and I almost hated to take a good man off the force but it was obvious he was leaving them whether I hired him or not.

I imagine Fox’s conviction has made morale at JPD even worse. Another 2 years of this kind of crap and we probably won’t have much of a police force left.

Anonymous said...

The only people who get worked up anymore is Fat Melvin at 6:07.

My advice is don't enter Jackson.
There is no way I am letting those racist judges decide my fate.

Served on jury year ago and half the other jurors appeared to have less comprehension skills than my 6 year old. It was a brutal eye opener. You cant fix Jackson but you can safe yourself. I wish Fox had practiced my avoidance plan.

Anonymous said...

8:15 a.m. - read the post. The motion was deemed denied 30 days after it was filed. Wooten can have a hearing for herself if she wants to but no one else cares.

Anonymous said...

If the 30 day rule was applied, every jnov currently pending in the state is denied

Anonymous said...

The black power elite in Jackson consider black police officers to be "Uncle Toms."

Anonymous said...

It is applied. I waited for a ruling from the trial court denying the motion. The State moved to dismiss the appeal as untimely. I requested and was granted an out of time appeal.

Anonymous said...

@ 10:17 - I realize that, but how is having an unnecessary hearing "fighting back?" What is it that people think she is trying to accomplish? I understand she seems to have it out for Fox. If his motion is already deemed denied, do people think Wooten is trying to have a hearing to grant his motion? What motive would she have to hold a hearing to deny a motion that's already deemed denied?

Kingfish said...

Since you can't figure it out, I'll bring it down to your level.

Judge Wooten denied Fox bond for his appeal. She has approved such motions for other violent criminals but not this one.

She let his motion just languish and would not give a date within the deadlines, in violation of the rules.

The AG handles the appeals for the prosecution. The AG filed a response two days ago stating she would not object to bond for Fox.

This website reported the AG's response Tuesday afternoon.

Judge Wooten suddenly sets a hearing although it is outside the 90 day window. It's quite clear she got motivated due to the AG's response.

Then there is the little stunt she pulled in Clinton Monday night. She was already ticked off at Fox when JJ reported on the story Tuesday.

Anonymous said...

She lost jurisdiction over the case when the notice of appeal was filed with the Supreme Court. She’s an idiot.

PrayForJackson said...

I didn't follow the story very closely. did the man that died threaten the police?

Anonymous said...

Nice put-down to the group who pays for your 'mad scientist' blog, Kingfish.

Anonymous said...

Did you get your little feelings hurt?


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