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How Mississippi’s Supreme Court Runoff Election Could Impact Criminal Cases

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mississippitoday.org – Caleb Bedillion, The Marshall Project and Daja E. Henry, The Marshall Project – 2024-11-21 11:00:00

Mississippi voters have dealt defeat to one conservative state Supreme Court justice and forced a moderate justice into a Nov. 26 runoff, with the final outcome possibly making the court more open to considering the rights of criminal defendants.

The nine-member court is largely conservative but justices have recently split in high-profile decisions that sharply affected state politics, including a ruling that shut down citizen-led ballot initiatives in Mississippi and allowed some state control over local criminal cases in its majority-Black capital. The court has also rendered rulings that have made the state increasingly unfavorable to defendants appealing their cases. 

“The ability of death row inmates in particular, and inmates in general, to access the courts has been recently curtailed significantly,” Matthew Steffey, a professor at Mississippi College School of Law, told The Marshall Project – Jackson and Bolts following the Nov. 5 election.  

Justice Dawn H. Beam joined the majority in those decisions, acquiring a reputation of being hostile to appeals by criminal defendants, and she ran for reelection this fall as the Republican Party’s favored candidate. However, she lost in the state’s 2nd District on Nov. 5 to David P. Sullivan, a defense attorney who has worked as a public defender.

Judicial races in Mississippi are nonpartisan and Sullivan has given few explicit signals about his judicial outlook. He has supported at least some criminal justice reforms and would be the third justice with experience as a defense attorney on this court. Some reformers nationwide have pushed for more professional diversity on the bench.

Even if Sullivan turns out to be more centrist or independent than Beam on criminal law, any overall shift in power on the court depends on the outcome of a runoff election next week. 

Two-term Justice Jim Kitchens and challenger Jenifer B. Branning will face each other in the Nov. 26 runoff election after neither won more than 50% of the vote on Nov. 5. The runoff will take place across the 22 counties that make up the Supreme Court’s central district, including Hinds County, home to Jackson. Throughout the campaign, the state GOP targeted Kitchens with attacks, while Branning, a Republican state senator with a conservative voting record, is endorsed by the party.

Kitchens is one of two reliably moderate-to-liberal high court justices. Justices from among an additional group of four sometimes veer away from the majority, as well, but can be more unpredictable, and this group does not vote as a bloc. 

Quinn Yeargain, a Michigan State University law professor who closely watches state courts, recently analyzed the court’s voting patterns and found Beam was consistently more conservative than Kitchens in recent cases. Yeargain told The Marshall Project – Jackson and Bolts that conservative and liberal voters often have few signals about how to select a candidate in judicial races. “It’s very hard to label the justices,” they said.


Sullivan — whose father was a Mississippi Supreme Court justice from 1984 to 2000 — called himself a “conservative” throughout his campaign. But he has also touted the value of judicial independence and criticized Beam for campaigning on her endorsement by the state Republican Party. 

“I think that rubbed a lot of people the wrong way,” Sullivan told the Sun Herald newspaper, speaking of Beam’s use of the endorsement. “Judicial races are nonpartisan for a reason. A judge’s impartiality could be called into question.”

Sullivan has broad legal experience, but much of his career has focused on private criminal defense while also doing some public defense work. He told The Marshall Project – Jackson and Mississippi Today that he supported a new administrative rule handed down in 2023 by the state Supreme Court to require continuous legal representation for poor criminal defendants from the beginning of their cases. An investigation by The Marshall Project, ProPublica and the Northeast Mississippi Daily Journal last year found, however, that many courts were unready at the time to implement the new representation rules.

During the campaign, Sullivan told The Marshall Project – Jackson and Mississippi Today that more work is needed to improve public defense.

Kitchens has also advocated for public defense reforms during his two terms on the court. He told a committee of legislators last year that the “playing field is far from level” between prosecutors and poor defendants.

On other criminal justice issues, he has sometimes dissented from opinions upholding death sentences. His decisions have scrutinized prosecutorial conduct and inadequate legal representation. 

Branning, the Republican senator, has a voting record on criminal justice issues that suggests a harsher approach toward criminal defendants. She has supported higher mandatory minimum sentences and reclassifying misdemeanors as felonies, has opposed expansion of parole and was among only a few lawmakers who voted against legalizing medical marijuana. 

She also supported increasing the jurisdiction of a controversial, state-run police force inside the majority-Black city of Jackson as well as increasing state control over many felony cases in Jackson. The Supreme Court unanimously curtailed much state power over these felony cases, but a majority left some control intact, with Kitchens and another judge dissenting.

Branning did not respond to questions from The Marshall Project – Jackson and Mississippi Today during the Nov. 5 campaign about her possible judicial outlook.

Kitchens was a prosecutor and then in private practice before joining the bench. Branning is a practicing attorney who typically handles civil cases. 

The winner of the Nov. 26 runoff will join Sullivan on a court that in recent years has been restricting the ability of people who say the legal system has wronged them to seek relief, legal experts told The Marshall Project – Jackson and Bolts this month. 

Krissy Nobile, director of the state’s Office of Capital Post-Conviction Counsel, said it’s become “increasingly more difficult to correct a wrongful conviction.” Her office provides legal counsel for indigent people on death row. 

She said a number of recent cases showed the barriers the high court has erected for criminal defendants appealing their convictions, and demonstrated indifference to civil rights violations. Kitchens disagreed with the majority, in full or in part, in all but one of the appeals, which the court unanimously denied.

In a case earlier this year, the Court ruled to monetarily fine an incarcerated person for filing any future post-conviction relief petitions that lacked merit. Kitchens joined a dissenting opinion condemning the fine. In another, the court denied a man who argued that his lawyers were ineffective and that they did not challenge prosecutorial misconduct or false forensic evidence presented by a medical examiner with a checkered past. The court’s majority denied the motion, and in the process, overturned a precedent that allowed ineffective counsel as an adequate reason to give a case another look in some types of appeals. Kitchens dissented, along with two other justices. 

“For decades in Mississippi, the Court held that it would correct errors if there was a violation (of) a person’s fundamental rights,” Nobile said. But she added this has changed considerably. Now, if you land a terrible lawyer who rushes your case, “You are out of luck,” she said, “even if your core constitutional rights have been clearly violated.” 

For the court’s majority, Nobile added, “The legal technicalities now trump a person’s constitutional rights.” 

Branning, left, and Kitchens at the Neshoba County Fair in August 2024. Credit: Eric Shelton, Mississippi Today

The runoff is the nation’s final supreme court race of the year. Thirty-two states held elections for their high courts earlier this year, resulting in a muddled picture, with liberals and conservatives each gaining ground in different places, Bolts reports

Mississippi’s runoff outcome will heavily depend on turnout and the composition of the electorate. In the Supreme Court’s central district, voters split narrowly between Democrat Kamala Harris and Republican Donald Trump in the presidential election on Nov. 5, but the runoff is just two days before Thanksgiving and will likely see a large dropoff in turnout. Branning received 42% of the vote in the first round, and Kitchens received 36%, with three other candidates making up the rest. 

There will also be a runoff the same day in the Gulf Coast area between Amy Lassiter St. Pé and Jennifer Schloegel for an open seat on the state Court of Appeals. The Court of Appeals hears both criminal and civil cases that have been appealed from lower courts. The Mississippi Supreme Court can hear cases directly on appeal or can assign cases to the Court of Appeals.

Observers agreed that against the national legal backdrop, neither a Kitchens victory nor a Branning victory would lead to a seismic change since neither outcome would flip the court’s conservative lean. Still, a modest shift could impact some of the most controversial cases, such as a rare 5-4 decision that upheld the death sentence in Willie Manning’s case

A Kitchens win, coupled with Sullivan’s upset earlier this month, would deal the Republican Party rare setbacks in a state where it has been dominant and could put moderate forces in a position to grow their numbers further in future elections. 

“You might end up with a normal conservative court,” law professor Yeargain said, “instead of one of the most conservative courts in the country.”

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

Mississippi Today

On this day in 1960

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mississippitoday.org – Jerry Mitchell – 2025-02-01 07:00:00

Feb. 1, 1960

The Greensboro Four (L-R: David McNeil, Franklin McCain, Ezell Blair, Joseph McNeil) walking in downtown Greensboro, North Carolina to protest the local merchant practices of refusing service to African-American customers. Credit: Jack Moebes/Wikipedia

Four Black freshmen students from North Carolina A&T — Franklin McCain, Joseph A. McNeil, David L. Richmond and Ezell A. Blair Jr. — began to ask themselves what they were going to do about discrimination. 

“At what point does a moral man act against injustice?” McCain recalled. 

McNeil spoke up. “We have a definite purpose and goal in mind,” he said, “and with God on our side, then we ask, ‘Who can be against us?’” 

That afternoon, they entered Woolworth’s in downtown Greensboro. After buying toothpaste and other items inside the store, they walked to the lunch counter and sat down. 

They ordered coffee, but those in charge refused to serve them. The students stood their ground by keeping their seats. 

The next day, they returned with dozens of students. This time, white customers shouted racial epithets and insults at them. The students stayed put. By the next day, the number of protesting students had doubled, and by the day after, about 300 students packed not just Woolworth’s, but the S.H. Kress Store as well. 

A number of the protesting students were female students from Bennett College, where students had already been gathering for NAACP Youth Council meetings and had discussed possible sit-ins. 

By the end of the month, 31 sit-ins had been held in nine other Southern states, resulting in hundreds of arrests. The International Civil Rights Center & Museum has preserved this famous lunch counter and the stories of courage of those who took part in the sit-ins.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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At least 96 Mississippians died from domestic violence. Bills seek to answer why

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mississippitoday.org – Mina Corpuz – 2025-01-31 15:29:00

At least 96 Mississippians died from domestic violence. Bills seek to answer why

Nearly 100 Mississippians, some of them children, some of them law enforcement, died last year in domestic violence-related events, according to data Mississippi Today collected from multiple sources. 

Information was pulled from local news stories, the Gun Violence Archive and Gun Violence Memorial and law enforcement to track locations of incidents, demographics of victims and perpetrators and any available information about court cases tied to the fatalities. 

But domestic violence advocates say Mississippi needs more than numbers to save lives. 

They are backing a refiled bill to create a statewide board that reviews domestic violence deaths and reveals trends, in hopes of taking preventative steps and making informed policy recommendations to lawmakers.

A pair of bills, House Bill 1551 and Senate Bill 2886, ask the state to establish a Domestic Violence Fatality Review Board. The House bill would place the board in the State Department of Public Health, which oversees similar existing boards that review child and maternal deaths, and the Senate version proposes putting the board under the Department of Public Safety.

“We have to keep people alive, but to do that, we have to have the infrastructure as a system to appropriately respond to these things,” said Stacey Riley, executive director of the Gulf Coast Center for Nonviolence and a board member of the Mississippi Coalition Against Domestic Violence

“It’s not necessarily just law enforcement, just medical, just this,” she said. “It’s a collaborative response to this to make sure that the system has everything it needs.”

Mississippi is one of several states that do not have a domestic violence fatality review board, according to the National Domestic Violence Fatality Review Initiative. 

Without one, advocates say it is impossible to know how many domestic fatalities and injuries there are in the state in any year. 

Riley said data can tell the story of each person affected by domestic violence and how dangerous it can be. Her hope is that a fatality review board can lead to systemic change in how the system helps victims and survivors. 

Last year, Mississippi Today began to track domestic violence fatalities similar to the way the board would be tasked to do. It found over 80 incidents in 2024 that resulted in at least 100 deaths.

map visualization

Most of the victims were women killed by current and former partners, including Shaterica Bell, a mother of four allegedly shot by Donald Demario Patrick, the father of her child, in the Delta at the beginning of that year. She was found dead at the home with her infant. One of her older children went to a neighbor, who called 911. 

Just before Thanksgiving on the Coast, Christopher Antoine Davis allegedly shot and killed his wife, Elena Davis, who had recently filed a protection order against him. She faced threats from him and was staying at another residence, where her husband allegedly killed her and Koritnik Graves. 

The proposed fatality review board would have access to information that can help them see where interventions could have been made and opportunities for prevention, Riley said. 

The board could look at whether a victim had any domestic abuse protection orders, law enforcement calls to a location, medical and mental health records, court documents and prison records on parole and probation. 

In 2024, perpetrators were mostly men, which is in line with national statistics and trends about intimate partner violence. 

Over a dozen perpetrators took their own lives, and at least two children – a toddler and a teenager – were killed during domestic incidents in 2024, according to Mississippi Today’s review. 

Some of the fatalities were family violence, with victims dying after domestic interactions with children, parents, grandparents, siblings, uncles or cousins. 

Most of the compiled deaths involved a firearm. Research has shown that more than half of all intimate partner homicides involve a firearm. 

A fatality review board is meant to be multidisciplinary with members appointed by the state health officer, including members who are survivors of domestic violence and a representative from a domestic violence shelter program, according to the House bill. 

Other members would include: a health and mental health professionals, a social worker, law enforcement and members of the criminal justice system – from prosecutors and judges to appointees from the Department of Public Safety and the attorney general’s office. 

The House bill did not make it out of the Judiciary B Committee last year. This session’s House bill was filed by the original author, Rep. Fabian Nelson, D-Byram, and the Senate version was filed by Sen. Brice Wiggins, R-Pascagoula. 

The Senate bill was approved by the Judiciary A Committee Thursday and will proceed to the full chamber. The House bill needs approval by the Public Health and Human Services Committee by Feb. 4. 

State Sen. Brice Wiggins, R-Pascagoula, during a Senate Corrections Committee meeting on Feb. 13, 2020, at the Capitol in Jackson. (AP Photo/Rogelio V. Solis)

“The idea behind this is to get at the root cause or at least to study, to look at what is leading to our domestic violence situation in the state,”  Wiggins said during the Judiciary A meeting. 

Luis Montgomery, a public policy and compliance specialist with the Mississippi Coalition Against Domestic Violence, has been part of drafting the House bill and is working with lawmakers as both bills go through the legislative process. 

He said having state-specific, centralized data can help uncover trends that could lead to opportunities to pass policies to help victims and survivors, obtain resources from the state, educate the public and see impacts on how the judicial system handles domestic violence cases. 

“It’s going to force people to have conversations they should have been having,” Montgomery said.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Emergency hospital to open in Smith County

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mississippitoday.org – Gwen Dilworth – 2025-01-31 15:01:00

A new emergency-care hospital is set to open in Smith County early this year. It will house the rural county’s first emergency room in two decades. 

Smith County Emergency Hospital in Raleigh will provide 24-hour emergency services, observation care and outpatient radiology and lab work services. Raleigh is currently a 35-minute drive from the nearest emergency room. 

The hospital will operate as a division of Covington County Hospital. The Collins hospital is a part of South Central Regional Medical Center’s partnership with rural community hospitals Simpson General Hospital in Mendenhall and Magee General Hospital, all helmed by CEO Greg Gibbes.

The hospital’s opening reflects Covington County Hospital’s “deeply held mission of helping others, serving patients and trying to do it in a way that would create sustainability,” not just for its own county, but also for surrounding communities, said Gibbes at a ribbon-cutting ceremony Friday. 

Smith County Emergency Hospital is pictured in Raleigh, Miss., on Friday, Jan. 31, 2025. Credit: Eric Shelton/Mississippi Today

Renovations of the building – which previously housed Patients’ Choice Medical Center of Smith County, an acute-care facility that closed in 2023 – are complete. The facility now awaits the Mississippi Department of Health’s final inspection, which could come as soon as next week, according to Gibbes. 

The hospital hopes to then be approved as a “rural emergency hospital” by the Centers for Medicare and Medicaid Services. 

A rural emergency hospital status allows hospitals to receive $3.3 million from the federal government each year in exchange for closing their inpatient units and transferring patients requiring stays over 24 hours to a nearby facility. 

The program was created to serve as a lifeline for struggling rural hospitals at risk of closing. Six hospitals have closed in Mississippi since 2005, and 33% are at immediate risk of closure, according to the Center for Healthcare Quality and Payment Reform.

Gregg Gibbes, CEO of Covington County Hospital, right, joins others in cutting the ribbon during the Smith County Emergency Hospital ceremony in Raleigh, Miss., on Friday, Jan. 31, 2025. Credit: Eric Shelton/Mississippi Today

Receiving a rural emergency hospital designation will make the hospital more financially sustainable, said Gibbes. He said he has “no concerns” about the hospital being awarded the federal designation. 

Mississippi has more rural emergency hospitals than any other state besides Arkansas, which also operates five. Nationwide, 34 hospitals have received the designation, according to Centers for Medicare & Medicaid Services enrollment data. Over half of them are located in the Southeast. 

The hospital will have a “significant economic impact” of tens of millions of dollars and has already created about 60 jobs in Smith County, Gibbes said.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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