Latrice Jackson v. State of Mississippi
2016-KA-00924-COA
| Miss. Ct. App. | Dec 12, 2017Background
- Jackson, a behavioral-health assistant at Millcreek, was accused of grabbing a nonverbal adolescent resident by the hair, dragging her to a bathroom, and using abusive language; staff observed scalp redness and hair loss.
- Jackson was indicted for abuse of a vulnerable person; counsel changes and multiple continuances delayed trial from 2013 to 2016.
- Defense requested voluminous Millcreek records 21 days before trial; Millcreek located ~1,000 pages and delivered them in three batches, the last arriving March 29, 2016.
- Jackson moved (ore tenus) for a continuance on the morning of trial, claiming counsel was unprepared and needed time to review documents and locate witnesses; the court denied the motion.
- A jury convicted Jackson; she was sentenced to 20 years (15 to serve) and appealed solely on the denial of the continuance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether denial of continuance was an abuse of discretion | Jackson: denial forced unprepared counsel, prejudiced defense due to voluminous late discovery and need to locate witnesses | State/Court: defense failed to follow statutory affidavit requirements, counsel had long possession of case, prior continuances, and speedy-trial rights favored proceeding | Court held denial not an abuse of discretion; no manifest injustice shown |
| Whether speedy-trial concern required granting continuance | Jackson: effective assistance required more time despite delays | State/Court: Jackson previously asserted right to speedy trial and had sought continuances; court properly weighed delay against fairness | Court held consideration of speedy-trial rights proper; did not require continuance |
| Whether alleged disability warranted additional preparation/time | Jackson: post-trial claim of developmental disability meant counsel needed time to investigate psychological background | State/Court: record (pre-sentencing evaluation and employment competency tests) showed no impairment preventing criminal responsibility; no evaluation requested before trial | Court held no evidence that disability prevented responsibility or that additional time would have changed defense |
| Whether procedural noncompliance (ore tenus motion) justified denial | Jackson: oral motion sufficient due to circumstances | State/Court: statute requires affidavits showing materiality, names, diligence; Jackson failed to comply | Court held procedural failure supported denial |
Key Cases Cited
- Shelton v. State, 853 So. 2d 1171 (Miss. 2003) (continuance rulings reviewed for abuse of discretion; reversal requires manifest injustice)
- Stack v. State, 860 So. 2d 687 (Miss. 2003) (defendant must follow statutory affidavit requirements to obtain continuance; mere conclusory claims insufficient)
- Johnson v. State, 872 So. 2d 65 (Miss. Ct. App. 2004) (affirming denial where defendant failed to meet procedural continuance requirements)
- Lyle v. State, 908 So. 2d 189 (Miss. Ct. App. 2005) (denial of continuance upheld where counsel had limited additional time but no showing of prejudice)
- Keeler v. State, 84 So. 2d 153 (Miss. 1955) (test for criminal responsibility is ability at time of act to distinguish right from wrong)