Cox v. State
134 So. 3d 712
| Miss. | 2014Background
- Edward Cox assaulted Joshlyn Blair on three dates in 2010 (July 23, Aug. 24, Aug. 30).
- Cox pleaded guilty to a misdemeanor domestic-violence charge for the July 23 assault and received probation with a suspended sentence and anger-management requirements.
- After sentencing, Cox committed additional assaults in Aug. 2010, including stabbing Blair and harming others present.
- The justice court revoked Cox’s suspended sentence and sentenced him to six months in jail for probation violation, later imposing separate convictions and sentences for the Aug. 24 assault (domestic violence) and related proceedings.
- Cox was indicted on April 11, 2011, for three counts of aggravated assault arising from the Aug. 30, 2010 incidents.
- Cox argued that the prior probation-revocation punishment barred the indictment under double jeopardy; the circuit court denied the motion to dismiss, and the court of appeals affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does double jeopardy bar the August 30 aggravated assault indictment? | Cox: punishment for July 23 events bars later charges. | State: double jeopardy does not bar subsequent crimes; only the first offense is protected. | No; double jeopardy attaches only to the first offense and sentence. |
Key Cases Cited
- Kelly v. State, 80 So.3d 802 (Miss. 2012) (de novo review for double jeopardy; finality of denial)
- Beckwith v. State, 615 So.2d 1134 (Miss. 1992) (double jeopardy rights collateral and urgent)
- Wallace v. State, 607 So.2d 1184 (Miss. 1992) (suspended sentence cannot be exceeded for punishment for same offense)
- Leonard v. State, 271 So.2d 445 (Miss. 1973) (cited for standard about double jeopardy)
- Johnson v. State, 758 So.2d 449 (Miss. Ct. App. 1999) (limits of double jeopardy applicability)
- Ethridge v. State, 800 So.2d 1221 (Miss. Ct. App. 2001) (double jeopardy analysis in successive offenses)
- Branch v. State, 996 So.2d 829 (Miss. Ct. App. 2008) (application to multiple offenses)
- Williams v. State, 4 So.3d 388 (Miss. Ct. App. 2009) (analyzes double jeopardy in successive prosecutions)