What will Burl do?
Is Lindsey Whiteside's sentence illegal?
Whiteside was convicted of sexual battery of a child in Desoto County Circuit Court this week. However, Special Circuit Judge Andrew Howorth sentenced her to three years of house arrest and seven years of probation. Desoto County District Attorney Matthew Barton protested the sentence was illegal.
What does the Mississippi Code have to say about the matter? Section 47-5-1003 states:
1) An intensive supervision program may be used as an alternative to incarceration for offenders who are not convicted of a crime of violence pursuant to Section 97-3-2 as selected by the court and for juvenile offenders as provided in Section 43-21-605. Any offender convicted of a sex crime shall not be placed in the program.
Section 97-3-2 defines crimes of violence:
- (1) The following shall be classified as crimes of violence:
- (a) Driving under the influence
- (b) Murder and attempted murder
- (c) Aggravated assault
- (d) Manslaughter
- (e) Killing of an unborn child
- (f) Kidnapping
- (g) Human trafficking
- (h) Poisoning as provided
- (i) Rape
- (j) Robbery
- (k) Sexual battery
- (l) Drive-by shooting or bombing
- (m) Carjacking
- (n) Felonious neglect, abuse or battery of a child
- (o) Burglary of a dwelling
- (p) Use of explosives or weapons of mass destruction
- (q) Statutory rape , but this classification is rebuttable on hearing by a judge;
- (r) Exploitation of a child
- (s) Gratification of lust
- (t) Shooting into a dwelling
Thus it appears Judge Howorth indeed gave Whiteside an illegal sentence when he sent her to the house.
Mr. Barton filed a motion for re-sentencing Thursday. The motion cites the "House Arrest" statute as banning those convicted of sex crimes from enjoying a sentence of house arrest.
The District Attorney pointed out how Judge Howorth treated a similar crime a wee bit differently earlier this year:
In similar cases, the Court has found time in prison to be well-warranted. One such case, presided over by the Honorable Andrew Howorth, is particularly illustrative. On July 28, 2025, Quintez Desean Hagan pleaded guilty to one count of sexual battery of a minor under the age of fourteen. The indicted offense occurred on April 21, 2021 - Hagan was eighteen years old (DOB: 08/25/2002), with the victim being thirteen (DOB: 06/07/2007). According to the victim, she had been texting Hagan, and the two agreed to meet at a location where they engaged in sexual intercourse and oral sex. Notably, the victim in Hagan's case initially signed a refusal-to-prosecute form. Although the District Attorney forced prosecution, neither the victim nor her family wished to participate at the sentencing hearing, write a victim impact statement, or offer a recommended sentence. On August 8, 2025, Hagan was sentenced to seven (7) years in prison, followed by eight (8) years of post-release supervision.
It is difficult to square the discrepancy between Hagan and the Defendant's respective sentences. While the facts of these cases differ in several ways (including the race and sex of the defendants), it is apparent the Court employed vastly different rationales at sentencing. Hagan's case involved an age gap of 4 years and 9 months; Whiteside was 8 years and 7 months older than M.F. Hagan sexually abused the victim on one particular day; Whiteside subjected M.F. to sexual abuse for 6 months. Hagan was 18 and lacked maturity; Whiteside was an adult with the benefit of fully formed adult brain. Unlike Hagan, Whiteside willingly assumed a position involving the supervision of minors, which entailed a heightened duty and responsibility.
Stay tuned.
Kingfish note: Can MDOC refuse to place Whiteside under the intense supervision program if the sentence is illegal? Commissioner Burl Cain should order his attorneys to research the matter and refuse to accept the sentence if there is some law to back up such action.
25 comments:
Yep, illegal
Ooops.
Time to take away the sex offenders blessings and resentence her to an appropriate prison term.
It's also time to unseal the letters filed with the court to support the convicted sex offender.
Yall really need to leave this woman alone. The type of sex that two females have is not “rape”
I think the case law is going to consistently hold that an illegal sentence that benefits the defendant is enforceable, and MDOC is obligated to follow the circuit court's sentencing order. However, the same case law is predominantly grounded in pro se PCR appeals. Stupid inmates complain about their sentences, even when those sentences fall below the statutory minimums.
This case will make for an interesting appeal, since it will be the State doing it and not the offender.
Judicial tyranny in the 'Sip!
Wait a minute. Haworth is a judge. That means he can whatever he wants to do. Apparently, everyone else is just crazy.
Is this journalism or activism? The majority of her community has decided that the punishment fits the crime. You are a hypocrite if you believe you and your vocal minority should have the right to overturn the will of the majority.
Who knew who and to what end?
im stunned that the fish would stoop to asking his readership of rubes a legal question.
The law is subjective based on wealth, bangability and/or political connections.
Well why even bother with a justice system then?
If you and your parents were cool in high school then you can't do no wrong!
Judge” I can treat both fairly but not the same”!
We should leave these old farts in retirement when they don’t benefit us! Forget the Law! Does this make sense! How dare you question the judge!
Exactly.
Exactly!!!!!! You know the church leadership and their lawyers are in a permanent huddle as we speak.
Penalty statue says “not more than…” while ISP may not be an option for her, straight probation is, which is less stringent than ISP. Agree that the defendant will keep the benefit of an illegal sentence.
Since the two DeSoto circuit judges recused themselves, I wonder if the sentencing outcome would have been different had the case been heard by the recently added circuit judge, appointed by the governor after the Legislature added a third judicial office for DeSoto, instead of having an appointed judge from the senior judicial ranks.
The Judge knows what he’s doing, Wink!
The DA is an amateur, grandstanding d*ck, who is trying to score political points for a future career that has nothing to do with practicing law.
That said, the sentence is clearly illegal. But I think his argument that the sentence is unfair because another case, with different facts, had a different outcome, is a legally-unsound and dangerous road to go down.
The example he used involved a victim under the age of 14, which is a major distinction under the statutes. But then he gratuitously threw down the race card by noting "the cases differ in several ways (including race and sex of the defendant)."
He has obviously been playing this tape to every media outlet that will listen, including the Magnolia Tribune, which is nothing but a MSGOP mouthpiece.
But I'm glad KF ran it, so his readership could discuss it in the comments.
im stunned that the fish would stoop to asking his readership of rubes a legal question
I am not surprised. This is called “yellow journalism” and it is lazy, deceptive, and reprehensible.
Yellow journalists making a statement by “asking” a defamatory question instead of stating a fact that they can’t prove.
It allows them to attempt to legally libel their targets
Wonder what the good Judge would say if this happened to his granddaughter and a Judge gave the perp probation. He would cite the Law! Come on Judge you lost sight and misjudged. I know this is the first time in your long career, thats why we must stay retired and not chase them dollars! We all make mistakes and are forgiven if we repent and fix what we fu-ked up. Im just excited that someone checked you!!! Called you out. I know you pissed! That DA is the man! He’s just doing his job and being FAIR and non bias.
this circuit judge is a moron.
the DA is persuing the correct remedy, which is an appeal of the sentence to the ms supreme court.
the MSSC will reverse this sentence and send it back to the circuit judge with instructions to do it again and this time get it right.
hopefully the MSC will issue a strong reprimand to this judge not to ignore statutory law on sentencing and order the judge to pay all costs of the appeal and remand.
at that point the mississippi committee on judicial performance needs to step in and remove this trial judge .
the fish's talk about burl cain and his lawyers is just that.......talk.
MDOC doesn't tamper with judicial sentencing orders . MDOC just keeps inmates incarcerated.
all this happy news is brought to you by the 3nd world state of mississippi and certain 3nd world judges who inhabit certain mississippi courthouses.
Judge disregards the Law he is required to uphold! Judge you slipping or you thought no one would question you?
“You can’t handle the truth”…
@2:39pm you’re wrong again. It’s still rape if one person doesn’t consent or one is under the age of consent - regardless of the genders involved.
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