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.” 

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.

Another former Hinds County sheriff candidate is guilty of lying to a pawn shop dealer when he bought a firearm, saying it was for him rather than a convicted felon. 

Torrence Mayfield, 53, pleaded guilty Wednesday to one charge of making a false statement to a firearm dealer, according to federal court documents. He was set to go to trial. 

On Oct. 26, 2021, Mayfield bought the firearm from the shop, which is a federal firearms licensee. He had to complete a written form to make the purchase, and on it he noted the firearm was for him. 

His sentencing is scheduled for March 4, 2025. Mayfield faces up to 10 years for the charge and a $250,000 fine. 

Mayfield is a former Jackson police officer and chief of the Edwards Police Department. 

He originally faced four counts. The additional charges were two counts of selling ammunition to a convicted felon and one count of selling a firearm to a convicted felon, according to a 2023 superseding indictment. 

It is against federal law for a felon to possess a firearm or ammunition. 

In 2021, Mayfield was one of 13 candidates for Hinds County sheriff, a position that opened up after the death of former sheriff Lee Vance. Mayfield received less than 1% of the vote. 

Another candidate in that race, Marshand Crisler, was found guilty weeks ago of soliciting and accepting a bribe and giving ammunition to a convicted felon during his 2021 campaign.  

Prosecutors revealed during trial that the convicted felon is Tonarri Moore, who worked as an FBI informant and recorded in-person meetings and conversations with Crisler.

During cross examination, Moore was questioned if the FBI asked him to wear a wire and talk with a policeman about a firearm. Moore invoked his Fifth Amendment right to remain silent and did not answer. 

Crisler’s attorney clarified that he was asking about Mayfield and asked if Moore still wanted to plead the fifth, to which Moore replied no. When asked, Moore said he talked with Mayfield about some bullets and that he planned to testify against him. 

Mayfield’s name also came up during some of the recorded conversations between Moore and Crisler, some of which were played during Crisler’s trial. 

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

Nov. 21, 1934

Ella Fitzgerald, the “Queen of Jazz,” made her debut at the Apollo Theater in Harlem. She had planned to go on stage and dance for Amateur Night, but when the Edwards Sisters danced before her, she decided to sing instead. That break led to others, and she became a sensation after a song she co-wrote, “A-Tisket, A-Tasket,” became a major hit in 1938. 

She battled racism, ordered by Pan-Am to leave their flight to Australia. Despite missing two concerts there, she went on to set a new box office record in Australia. She helped to break racial barriers, refusing to perform before segregated audiences. The NAACP awarded her the Equal Justice Award and the American Black Achievement Award. 

Fitzgerald became the first Black woman to win a Grammy. In her music, she innovated with scat singing, sang be-bop, jazz and even gospel hymns. She performed with her own orchestra, the Benny Goodman Orchestra, Duke Ellington and Count Basie, and her Song Book series became a huge critical and commercial success. 

She performed in Hollywood films, and her most memorable take on television came when her voice shattered a glass. When the tape was played back, her voice broke another glass, and the ad asked, “Is it live, or is it Memorex?” 

By the time she died in 1996, she had won 13 Grammy Awards, the Grammy Lifetime Achievement Award, the George and Ira Gershwin Award for Lifetime Musical Achievement, the National Medal of Arts and the Presidential Medal of Freedom. 

Mattel has now designed a doll after her, part of the Barbie Inspiring Women Series, which “pays tribute to incredible heroines of their time — courageous women who took risks, changed rules and paved the way for generations to dream bigger than ever before.”

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