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Some are jailed in Mississippi for months without a lawyer. The state Supreme Court just barred that.

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Some are jailed in Mississippi for months without a lawyer. The state Supreme Court just barred that.

This article was produced for ProPublica’s Local Reporting Network in partnership with theNortheast Mississippi Daily Journaland co-published withThe Marshall Project.Sign up for Dispatchesto get stories like this one as soon as they are published.

Poor defendants in Mississippi are routinely jailed for months, and sometimes even years, without being appointed an attorney due to the state’s notoriously dysfunctional public defender system. The Mississippi Supreme Court now says this practice must end.

The state’s highest court approved a mandate on Thursday thatcriminal defendants who can’t afford their own attorney must always have onebefore an indictment.

Across the state, defendants facing felony charges lose their appointed attorneys after their initial court appearances, where a judge rules whether they can be released from jail before trial. In many counties, defendants aren’t appointed new lawyers until they’re indicted, a process that can take years. Justice system reformers call this gap the “dead zone.”

In the Mississippi Delta’s Coahoma County, Duane Lakespent almost two yearsbehind bars without bond and without an attorney while waiting to be indicted on triple murder charges following a brutal killing. After he was indicted, he spent four more years in jail before he was acquitted at trial in November 2021.

There are others like him, trapped in a system that leaves defendants who can’t afford their own attorneys with no advocate to ask a judge to reduce their bonds or dismiss their cases as they wait in jail to be indicted. Meanwhile, prosecutors face no deadlines to bring cases before a grand jury.

“There is no other state where a defendant can be sitting in jail without an attorney for months or years while charging decisions are made,” said David Carroll, executive director of the Sixth Amendment Center, which studies how states provide indigent criminal defense.

Several years ago, at the request of a task force appointed by the Mississippi Legislature, the Sixth Amendment Center evaluated the state’s indigent defense services. In ahighly critical report, the group proposed a number of reforms, including stronger state oversight of how local governments provide public defenders.

The Legislature shelved the report and the task force’s recommendations, even as criminal justice reformersidentified defendantslike Lake who sat in jail for years facing charges that didn’t hold up.

Duane Lake stands for a portrait outside the abandoned Coahoma County Jail in Clarksdale, Mississippi on Jan. 10, 2022. He spent six years in jailfor a crime in didn’t commit. The case against him was dismissed.

But in February, a three-member committee of the Mississippi Supreme Courtrequested public commentson a proposed change to the state’s rules of criminal procedure. It would require that defendants who can’t afford their own attorneys be represented the entire time they’re awaiting indictment.

The Supreme Court approved therule changeThursday. It takes effect in July.

“This landmark change in Mississippi’s public defense system marks the end of the dead zone and is a huge step toward a criminal legal system that doesn’t unfairly punish people who are unable to afford an attorney,” said Cliff Johnson, who as director of the MacArthur Justice Center’s Mississippi office has long argued for such a change.

But researchers like Pam Metzger, director of theDeason Criminal Justice Reform Centerat Southern Methodist University in Texas, say simply requiring the assignment of an attorney will do little to improve legal representation for poor defendants.

“It’s giving you a warm body and briefcase,” she said of the rule. “But it doesn’t deal with what in my view is the real problem,” which is that people spend too long in jail before they’re indicted.

Current and former public defenders have also cautioned that Mississippi’s decentralized justice system will make it hard to implement the Supreme Court’s new rule.

The amended rule prevents an appointed attorney representing an indigent client at any stage of criminal proceedings from withdrawing until another attorney is appointed. Right now, this provision applies only after an indictment.

It wasproposedin May by Russ Latino, who was then executive director of the conservative think tank Empower Mississippi. His request sat for nearly 10 months until the Supreme Court’s criminal procedure committee invited feedback and set a March 15 deadline for responses.

A raft of ideologically diverse legal activists, attorneys and policy advocates responded byurging the courtto adopt the amendment.

“No just or useful purpose is served by allowing such incarceration without benefit of legal counsel,” wrote Brad Pigott, who served in the 1990s as one of Mississippi’s U.S. attorneys. “Certainly no legitimate law enforcement purpose is thereby served.”

‘We’ve Got People Languishing in Jail’

Across Mississippi, some people without attorneys have spent months or longer in jail waiting for an indictment.

After prisoners in eastern Mississippi’s Lauderdale County jail filed complaints, a federal judge ordered the county in 2016 toprovide him with a list of all people held in jailwithout indictments and without lawyers.

“Something needs to be put in place to make sure someone doesn’t fall through the cracks in this way,” said U.S. District Judge Carlton Reeves, according to an Associated Press story.

On the state’s Gulf Coast, an autistic teenager was arrested in 2018 on burglary charges andspent more than 270 days in jailbecause his family didn’t post a $10,000 bond. The charges were ultimately dropped after a grand jury declined to indict him.

The Wayne County Sheriff’s Department, in southeast Mississippi’s Pine Belt region, reported that 24 of 31 prisoners in the jail as of the end of September had not been indicted, including 13 who had been in jail 90 days or longer. Only six of these 13 had lawyers as of September, according to the report.

One person without a lawyer had been jailed for about six months awaiting indictment on a drug possession charge, according to the report.

Of those 13, only one is still in jail and hasn’t been indicted as of this week, said Kassie Coleman, the district attorney for Wayne County.

Gregory J. Weber, a part-time public defender in Madison County, said he sees delays with many cases, particularly drug charges.

“We’ve got people languishing in jail and nothing is being done,” Weber said in an interview before the Supreme Court acted. For defendants with a private attorney, “something usually is done about it. There is a bond reduction, or they get into drug court and they plead. So we’ve definitely got a problem with people falling through the cracks.”

Lawyers Aren’t Only Factor in Long Jail Stays

Even as Carroll, of the Sixth Amendment Center, called the change an important first step, he cautioned that because indigent defense is handled by local court systems, “the state still has no oversight function to make sure that the court rule gets implemented.”

The Sixth Amendment Center has found that in counties without full-time public defender’s offices — which is most of them — the payment structure discourages public defenders from doing extensive work on behalf of their clients.

In most counties, attorneys are paid a flat fee, no matter how many indigent clients they are assigned. That incentivizes attorneys to spend little time on indigent clients so they can take on those who can pay, the center argued.

Nor does the new rule spell out how defendants will be transferred between appointed counsel working for different court systems and different local government bodies. “I think it needs to be delineated much more clearly about when the handoff occurs and who is responsible for that person,” Weber said.

But better payment structures and effective administrative procedures won’t change a key factor in long jail terms: Prosecutors have unlimited time to indict and prosecute someone after they’ve been arrested.

“We’re really focused in Mississippi on the charging time,” said Metzger, who has studied this phase of criminal proceedings in courts across the country.

She said it would be more effective to institute deadlines for indictment, mandatory bail hearings and early disclosure of evidence.

Even when lawyers are appointed early on, such as in Yazoo County, defendants still spend months or years in jail.

Defense attorneys in the county have filed almost 100 motions since 2019 seeking to reduce bonds or dismiss charges. Many of those defendants had spent a year or more in jail while waiting to be indicted.

John Paul Thornton was arrested by Yazoo City police on Dec. 3, 2018, and charged with two counts of commercial burglary involving a local dollar store. Over a year later, Thornton was still in jail and had not been indicted.

Belinda Stevens, an attorney who works part time as a public defender in Yazoo County, filed a motion on Thornton’s behalf in January 2020, seeking a dismissal of the case and claiming that his constitutional right to a speedy trial had been denied. Stevens didn’t respond to requests for comment.

A month later, prosecutors dropped the case. A judge signed an order, and Thornton walked free the next day after 436 days in jail.

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

Mississippi Today

Mississippi River flooding Vicksburg, expected to crest on Monday

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mississippitoday.org – @alxrzr – 2025-04-25 16:04:00

Warren County Emergency Management Director John Elfer said Friday floodwaters from the Mississippi River, which have reached homes in and around Vicksburg, will likely persist until early May. Elfer estimated there areabout 15 to 20 roads underwater in the area.

A truck sits in high water after the owner parked, then boated to his residence on Chickasaw Road in Vicksburg as a rising Mississippi River causes backwater flooding, Friday, April 25, 2025.

“We’re about half a foot (on the river gauge) from a major flood,” he said. “But we don’t think it’s going to be like in 2011, so we can kind of manage this.”

The National Weather projects the river to crest at 49.5 feet on Monday, making it the highest peak at the Vicksburg gauge since 2020. Elfer said some residents in north Vicksburg — including at the Ford Subdivision as well as near Chickasaw Road and Hutson Street — are having to take boats to get home, adding that those who live on the unprotected side of the levee are generally prepared for flooding.

A rising Mississippi River causing backwater flooding near Chickasaw Road in Vicksburg, Friday, April 25, 2025.
Old tires aligned a backyard as a deterrent to rising water north of Vicksburg along U.S. 61, Friday, April 25, 2025.
As the Mississippi River rises, backwater flooding creeps towards a home located on Falk Steel Road in Vicksburg, Friday, April 25, 2025.

“There are a few (inundated homes), but we’ve mitigated a lot of them,” he said. “Some of the structures have been torn down or raised. There are a few people that still live on the wet side of the levee, but they kind of know what to expect. So we’re not too concerned with that.”

The river first reached flood stage in the city — 43 feet — on April 14. State officials closed Highway 465, which connects the Eagle Lake community just north of Vicksburg to Highway 61, last Friday.

Flood waters along Kings Point Road in Vicksburg, Friday, April 25, 2025.

Elfer said the areas impacted are mostly residential and he didn’t believe any businesses have been affected, emphasizing that downtown Vicksburg is still safe for visitors. He said Warren County has worked with the U.S. Army Corps of Engineers and the Mississippi Emergency Management Agency to secure pumps and barriers.

“Everybody thus far has been very cooperative,” he said. “We continue to tell people stay out of the flood areas, don’t drive around barricades and don’t drive around road close signs. Not only is it illegal, it’s dangerous.”

NWS projects the river to stay at flood stage in Vicksburg until May 6. The river reached its record crest of 57.1 feet in 2011.

The boat launch area is closed and shored up on Levee Street in Vicksburg as the Mississippi River rises, Friday, April 25, 2025.
The boat launch area (right) is closed and under water on Levee Street in Vicksburg as the Mississippi River rises, Friday, April 25, 2025.
City of Vicksburg workers shore up the bank along Levee Street as the Mississippi River rises, Friday, April 25, 2025.
The old pedestrian bridge spanning the Mississippi River in Vicksburg, Friday, April 25, 2025.

This article first appeared on Mississippi Today and is republished here under a Creative Commons Attribution-NoDerivatives 4.0 International License.

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Mississippi Today

With domestic violence law, victims ‘will be a number with a purpose,’ mother says

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mississippitoday.org – @MSTODAYnews – 2025-04-25 15:07:00

Joslin Napier. Carlos Collins. Bailey Mae Reed. 

They are among Mississippi domestic violence homicide victims whose family members carried their photos as the governor signed a bill that will establish a board to study such deaths and how to prevent them. 

Tara Gandy, who lost her daughter Napier in Waynesboro in 2022, said it’s a moment she plans to tell her 5-year-old grandson about when he is old enough. Napier’s presence, in spirit, at the bill signing can be another way for her grandson to feel proud of his mother. 

“(The board) will allow for my daughter and those who have already lost their lives to domestic violence … to no longer be just a number,” Gandy said. “They will be a number with a purpose.” 

Family members at the April 15 private bill signing included Ashla Hudson, whose son Collins, died last year in Jackson. Grandparents Mary and Charles Reed and brother Colby Kernell attended the event in honor of Bailey Mae Reed, who died in Oxford in 2023. 

Joining them were staff and board members from the Mississippi Coalition Against Domestic Violence, the statewide group that supports shelters and advocated for the passage of Senate Bill 2886 to form a Domestic Violence Facility Review Board. 

The law will go into effect July 1, and the coalition hopes to partner with elected officials who will make recommendations for members to serve on the board. The coalition wants to see appointees who have frontline experience with domestic violence survivors, said Luis Montgomery, public policy specialist for the coalition. 

A spokesperson from Gov. Tate Reeves’ office did not respond to a request for comment Friday.

Establishment of the board would make Mississippi the 45th state to review domestic violence fatalities. 

Montgomery has worked on passing a review board bill since December 2023. After an unsuccessful effort in 2024, the coalition worked to build support and educate people about the need for such a board. 

In the recent legislative session, there were House and Senate versions of the bill that unanimously passed their respective chambers. Authors of the bills are from both political parties. 

The review board is tasked with reviewing a variety of documents to learn about the lead up and circumstances in which people died in domestic violence-related fatalities, near fatalities and suicides – records that can include police records, court documents, medical records and more. 

From each review, trends will emerge and that information can be used for the board to make recommendations to lawmakers about how to prevent domestic violence deaths. 

“This is coming at a really great time because we can really get proactive,” Montgomery said. 

Without a board and data collection, advocates say it is difficult to know how many people have died or been injured in domestic-violence related incidents.

A Mississippi Today analysis found at least 300 people, including victims, abusers and collateral victims, died from domestic violence between 2020 and 2024. That analysis came from reviewing local news stories, the Gun Violence Archive, the National Gun Violence Memorial, law enforcement reports and court documents. 

Some recent cases the board could review are the deaths of Collins, Napier and Reed. 

In court records, prosecutors wrote that Napier, 24, faced increased violence after ending a relationship with Chance Fabian Jones. She took action, including purchasing a firearm and filing for a protective order against Jones.

Jones’s trial is set for May 12 in Wayne County. His indictment for capital murder came on the first anniversary of her death, according to court records. 

Collins, 25, worked as a nurse and was from Yazoo City. His ex-boyfriend Marcus Johnson has been indicted for capital murder and shooting into Collins’ apartment. Family members say Collins had filed several restraining orders against Johnson. 

Johnson was denied bond and remains in jail. His trial is scheduled for July 28 in Hinds County.  

He was a Jackson police officer for eight months in 2013. Johnson was separated from the department pending disciplinary action leading up to immediate termination, but he resigned before he was fired, Jackson police confirmed to local media. 

Reed, 21, was born and raised in Michigan and moved to Water Valley to live with her grandparents and help care for her cousin, according to her obituary. 

Kylan Jacques Phillips was charged with first degree murder for beating Reed, according to court records. In February, the court ordered him to undergo a mental evaluation to determine if he is competent to stand trial, according to court documents. 

At the bill signing, Gandy said it was bittersweet and an honor to meet the families of other domestic violence homicide victims.

“We were there knowing we are not alone, we can travel this road together and hopefully find ways to prevent and bring more awareness about domestic violence,” she said.

This article first appeared on Mississippi Today and is republished here under a Creative Commons Attribution-NoDerivatives 4.0 International License.

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Mississippi Today

Court to rule on DeSoto County Senate districts with special elections looming

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mississippitoday.org – @MSTODAYnews – 2025-04-25 15:06:00

A federal three-judge panel will rule in coming days on how political power in northwest Mississippi will be allocated in the state Senate and whether any incumbents in the DeSoto County area might have to campaign against each other in November special elections.  

The panel, comprised of all George W. Bush-appointed judges, ordered state officials last week to, again, craft a new Senate map for the area in the suburbs of Memphis. The panel has held that none of the state’s prior maps gave Black voters a realistic chance to elect candidates of their choice. 

The latest map proposed by the all-Republican State Board of Election Commissioners tweaked only four Senate districts in northwest Mississippi and does not pit any incumbent senators against each other. 

The state’s proposal would keep the Senate districts currently held by Sen. Michael McLendon, a Republican from Hernando and Sen. Kevin Blackwell, a Republican from Southaven, in majority-white districts. 

But it makes Sen. David Parker’s district a slightly majority-Black district. Parker, a white Republican from Olive Branch, would run in a district with a 50.1% black voting-age population, according to court documents. 

The proposal also maintains the district held by Sen. Reginald Jackson, a Democrat from Marks, as a majority-Black district, although it reduces the Black voting age population from 61% to 53%.  

Gov. Tate Reeves, Secretary of State Michael Watson, and Attorney General Lynn Fitch comprise the State Board of Election Commissioners. Reeves and Watson voted to approve the plan. But Watson, according to meeting documents, expressed a wish that the state had more time to consider different proposals. 

Fitch did not attend the meeting, but Deputy Attorney General Whitney Lipscomb attended in her place. Lipscomb voted against the map, although it is unclear why. Fitch’s office declined to comment on why she voted against the map because it involves pending litigation. 

The reason for redrawing the districts is that the state chapter of the NAACP and Black voters in the state sued Mississippi officials for drawing legislative districts in a way that dilutes Black voting power. 

The plaintiffs, represented by the ACLU, are likely to object to the state’s newest proposal, and they have until April 29 to file an objection with the court

The plaintiffs have put forward two alternative proposals for the area in the event the judges rule against the state’s plans. 

The first option would place McLendon and Blackwell in the same district, and the other would place McLendon and Jackson in the same district. 

It is unclear when the panel of judges will issue a ruling on the state’s plan, but they will not issue a ruling until the plaintiffs file their remaining court documents next week. 

While the November election is roughly six months away, changing legislative districts across counties and precincts is technical work, and local election officials need time to prepare for the races. 

The judges have not yet ruled on the full elections calendar, but U.S. Fifth Circuit Court of Appeals Judge Leslie Southwick said at a hearing earlier this month that the panel was committed have the elections in November. 

This article first appeared on Mississippi Today and is republished here under a Creative Commons Attribution-NoDerivatives 4.0 International License.

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