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Who Investigates the Sheriff? In Mississippi, Often No One.

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As Marquise Tillman led deputies on a high-speed chase through rural Mississippi in March 2019, Sheriff Todd Kemp issued a blunt order over the radio: “Shut him down and beat his ass.”

When the Clarke County deputies caught Mr. Tillman, they did just that, he later alleged in a lawsuit. He said they pummeled and stomped on him while he was handcuffed, leaving him with a fractured eye socket and broken bones in his face and chest.

The sheriff denied giving the order. But it was captured on tape and described under oath by four of his deputies.

Sheriff Todd Kemp was recorded ordering deputies to use force. Four of them corroborated it in depositions.

Such an explosive revelation might have roiled a community elsewhere in the country and led state or federal officials to investigate. But in Mississippi, it was largely ignored, even after the county paid Mr. Tillman an undisclosed amount to settle his claim.

There was no news coverage and no state investigation. In an interview, Sheriff Kemp said he had turned the case over to the state’s police agency. But the agency could find no record of having pursued it.

That is not unusual in Mississippi, where allegations like those leveled against Sheriff Kemp often go nowhere, an investigation by The New York Times and the Mississippi Center for Investigative Reporting at Mississippi Today has found.

A photo of Clarke County Sheriff Todd Kemp, right, at the county courthouse in Quitman, Miss. (Rory Doyle for The New York Times)

State authorities are responsible for investigating shootings and in-custody deaths involving sheriffs and deputies. But they are not obligated to investigate other potential wrongdoing by sheriffs’ offices, and may not even know about it: The sheriffs’ offices are also not obligated to report incidents to them.

The Times and Mississippi Today examined dozens of publicly available federal lawsuits that described severe brutality and other abuses of power, reviewing thousands of pages of court records and interviewing people involved in cases across the state.

At least 27 claims do not appear to have led to a state investigation, including accusations of rape, brutal assault and retaliation against sheriffs’ enemies.

Many of the lawsuits depicted incidents that had eyewitnesses or significant physical evidence. Some included transcripts of deputies admitting under oath to troubling conduct. All but five of the cases were settled, according to court files that do not disclose the financial terms.

A man in Simpson County said in a lawsuit that the sheriff in 2012, Kenneth Lewis, choked him and slammed his head against a cell wall until he passed out. (Credit: United States District Court for the Southern District of Mississippi)

Mississippi has a long history of powerful rural sheriffs breaking the law with little consequence. This year, The Times and Mississippi Today revealed how sheriffs and deputies dodged accountability after allegations that they had sexually abused women in their custody, tortured people for information or misused subpoena power to spy on others.

The lawsuits underscored how many similar allegations have been leveled in the state over the past decade, especially in small-town jails. A man in Itawamba County said that in 2020 his jailers tied him to a chair, choked him and squeezed his genitals until he vomited. A woman in Bolivar County said that in 2016 a deputy held her arms behind her back and raped her in her cell. A man in Simpson County said that the sheriff in 2012, Kenneth Lewis, choked him and slammed his head against a cell wall until he passed out.

All of their lawsuits were settled. Attempts to reach former Sheriff Lewis for comment were unsuccessful.

Officials with the Mississippi Bureau of Investigation and Attorney General Lynn Fitch’s office said they could find no records indicating that either office had investigated any of the 27 allegations. Jim Hood, who was attorney general during most of these cases, did not respond to requests for comment.

Reporters also reached people familiar with 12 of the claims, including plaintiffs, their family members and their lawyers. All said they were not aware of state investigators asking about the cases.

The Simpson County Jail, behind a cemetery in Mendenhall, Miss. (Rory Doyle for The New York Times)

In a statement responding to The Times and Mississippi Today’s findings, the state’s public safety commissioner, Sean Tindell, said he was working toward more oversight. He said he would ask the legislature to empower Mississippi’s law enforcement licensing board, which he oversees along with the bureau of investigation, to investigate abuse allegations and consider revoking law enforcement officers’ licenses, an approach some states use aggressively.

Sheriffs are elected and not required to hold licenses, however. And it would not change how cases are investigated criminally.

The lack of investigations troubled experts who reviewed some of the cases.

James Tierney, a former Maine attorney general who now lectures at Harvard Law School, said the lawsuits described “corrupt” and “criminal” behavior that should have been investigated by the attorney general.

“This wasn’t one renegade cop or a renegade D.A. There is a systemic problem here,” he said.

In Mr. Tillman’s case, the accused deputies all denied beating him. They do not appear to have faced any consequences. “I don’t think there was any wrongdoing,” Sheriff Kemp said in an interview.

“Everybody kept their job,” recalled Mr. Tillman’s aunt, Kristy Tillman.

Mr. Tillman is serving 12 years in prison for crashing into deputies during the high-speed chase. Sheriff Kemp is retiring at the end of this month after 24 years in office. His elected successor, Anthony Chancelor, is one of the deputies accused in the beating.

The Itawamba County Courthouse in the town center of Fulton, Miss. (Rory Doyle for The New York Times)

Trails of Evidence

Across Mississippi’s 82 counties, candidates for sheriff are not required to have law enforcement experience or police training. Once in office, sheriffs can launch investigations, direct the use of force and put people in jail, where they control virtually every aspect of an inmate’s life.

“There is no transparency for what happens inside these local jails, and we know that abuse thrives in dark places,” said Michele Deitch, the director of a center at the University of Texas at Austin that studies jail oversight and operations. She said the allegations of brutality described in the lawsuits were a window into a world that sheriffs have been allowed to conceal.

Many of the lawsuits examined by The Times and Mississippi Today included trails of evidence — video footage, medical records, eyewitness accounts — ready for an investigator to follow.

In 2020, deputies at the Itawamba County jail beat Christopher Evan Easter relentlessly, he said in court filings and an interview.

He said one jailer put him in a chokehold until he passed out; he awoke to deputies doing chest compressions on him. They tied him to a chair, squeezed his genitals and punched his head until he lost consciousness again, he said. “When I come to, my ears are ringing. I’m covered in puke and blood,” he recalled.

Mr. Easter was taken to a hospital, he said, but when he returned to jail, he was stripped naked and thrown in a dark, maggot-infested room the deputies called “the hole,” where the plumbing did not work and the toilet was full of feces.

Mr. Easter’s father, Christopher Lewis Easter, said the jail’s administrator told him that his son had fallen and hit his head on a filing cabinet. The family filed a lawsuit, detailing the violence inflicted on Mr. Easter, which the county settled for $15,000, he said.

Some claims revealed patterns of similar allegations. In a three-year span, two men held in the jail used by Humphreys County filed lawsuits saying deputies had taken them to the chapel before beating them out of view of security cameras. The lawsuits said that members of each family had confronted then-Sheriff J.D. Roseman, who acknowledged one of the assaults happened. Both cases were settled. Sheriff Roseman remained in office until his death in 2020.

In other cases, deputies’ testimony supported some of the plaintiffs’ claims.

Photos of former sheriffs remain in the lobby entrance of the Tunica County Justice Complex in Tunica, Miss. (Rory Doyle for The New York Times)

The county administrator of Tunica County, population 10,000, accused Sheriff Calvin Hamp of conspiring to have him arrested in 2014 in retaliation for trying to cut the department’s budget.

Two days after the men argued over a purchase order, a captain in the department pulled over an S.U.V. carrying the administrator, Michael Thompson. The captain instructed Mr. Thompson to get behind the wheel and watched him drive away, then pulled him over and charged him with driving with a suspended license. The sheriff’s office issued a press release announcing the arrest.

In a sworn deposition, the captain conceded that he had known Mr. Thompson’s license was suspended — because of an unpaid traffic ticket in another county — when he told him to drive.

Sheriff Hamp did not respond to questions from The Times and Mississippi Today. Mr. Thompson declined to comment.

On appeal, a judge dismissed the charge against Mr. Thompson, and a jury later awarded him $50,000 in damages.

The Clarke County Jail and Sheriff’s office in Quitman, Miss. (Rory Doyle for The New York Times)

Deflecting Responsibility

In 2022, state lawmakers formally gave the attorney general and the Mississippi Bureau of Investigation responsibility for investigating police shootings and prosecuting those that involve criminal misconduct.

When a sheriff or a deputy is accused of other types of crimes, however, it remains less clear what is supposed to happen.

The F.B.I. and the Justice Department handle some law enforcement cases, but generally look into only the most serious allegations.

District attorneys can investigate and bring charges. But those local prosecutors can have “politically incestuous” relationships with sheriffs, creating pressure to overlook allegations, said Chris Toth, the former executive director of the National Association of Attorneys General.

To avoid conflicts of interest, sheriffs or local prosecutors can ask the attorney general or the Mississippi Bureau of Investigation to step in. But the system only works if local officials contact the state for help, and that often does not happen, The Times and Mississippi Today found.

Mississippi’s Board on Law Enforcement Officer Standards and Training also conducts background checks and decides whether law enforcement officers who have been fired for cause or charged with a crime should be allowed to serve in other counties. But it does not perform its own investigations into officers’ conduct. Mr. Tindell, the public safety commissioner, argues that it should.

Some states, including Florida and Arizona, have long taken an approach like the one Mr. Tindell is proposing, with powerful licensing boards that require police agencies to report misconduct and then can hold hearings and potentially revoke officers’ certification.

More recently, other states have given their attorneys general additional authority. New York’s can now investigate any officer or deputy, and Illinois’s and Colorado’s can conduct wide-ranging civil investigations into patterns of illegal conduct.

In Mississippi, the lack of process has allowed some sheriffs and district attorneys to disregard reports of abuse within their jurisdictions.

In Clarke County, accounts that Sheriff Kemp had gotten on the radio and ordered his deputies to beat a fleeing man were widely known.

District Attorney Kassie Coleman said in a statement that she had heard about the accusation and that it was “general knowledge” that both the Mississippi Bureau of Investigation and the F.B.I. had been contacted about the case.

“I was not provided an investigative case regarding any potential criminal acts that resulted from the investigation into the allegations,” Ms. Coleman wrote, “nor was I provided a copy of the federal lawsuit.”

But the state bureau of investigation said it had no file on the case, Mr. Tillman’s family said he was never contacted by the F.B.I. or anyone else, and the lawsuit is available in an online courts database.

People who have complained directly to Mississippi sheriffs’ offices have often found themselves speaking to someone close to the sheriff.

A man accused deputies in Forrest County of shackling him in a holding cell, beating him unconscious and breaking his ribs in 2016. He noted in his lawsuit that he filed complaints with the F.B.I. and Nick Calico, a chief investigator for then-Sheriff Billy McGee, giving him medical records and photos that could have served as evidence.

In an interview, Mr. Calico said he had investigated the allegations and found that nothing improper happened. After the lawsuit was filed, he said, he was contacted by the F.B.I., sent them a copy of his investigative file and never heard about it again.

Seven months after the alleged beating, he would marry Sheriff McGee’s daughter.


This article was co-reported by The New York Times and the Mississippi Center for Investigative Reporting at Mississippi Today.

Joel Engelhardt contributed reporting. Kitty Bennett contributed research.

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

Mississippi Today

IHL deletes the word ‘diversity’ from its policies

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mississippitoday.org – Molly Minta – 2024-11-21 14:32:00

The governing board of Mississippi’s public universities voted Thursday to delete the word “diversity” from several policies, including a requirement that the board evaluate university presidents on campus diversity outcomes.

Though the Legislature has not passed a bill targeting diversity, equity and inclusion initiatives in higher education, the Institutions of Higher Learning Board of Trustees approved the changes “in order to ensure continued compliance with state and federal law,” according to the board book

The move comes on the heels of the re-election of former President Donald Trump and after several universities in Mississippi have renamed their diversity offices. Earlier this year, the IHL board approved changes to the University of Southern Mississippi’s mission and vision statements that removed the words “diverse” and “inclusiveness.”

In an email, John Sewell, IHL’s communications director, did not respond to several questions about the policy changes but wrote that the board’s goal was to “reinforce our commitment to ensuring students have access to the best education possible, supported by world-class faculty and staff.”

“The end goal is to support all students, and to make sure they graduate fully prepared to enter the workforce, hopefully in Mississippi,” Sewell added.

On Thursday, trustees approved the changes without discussion after a first reading by Harold Pizzetta, the associate commissioner for legal affairs and risk management. But Sewell wrote in an email that the board discussed the policy amendments in open session two months ago during its retreat in Meridian, more than an hour away from the board’s normal meeting location in Jackson.

IHL often uses these retreats, which unlike its regular board meetings aren’t livestreamed and are rarely attended by members of the public outside of the occasional reporter, to discuss potentially controversial policy changes.

Last year, the board had a spirited discussion about a policy change that would have increased its oversight of off-campus programs during its retreat at the White House Hotel in Biloxi. In 2022, during a retreat that also took place in Meridian, trustees discussed changing the board’s tenure policies. At both retreats, a Mississippi Today reporter was the only member of the public to witness the discussions.

The changes to IHL’s diversity policy echo a shift, particularly at colleges and universities in conservative states, from concepts like diversity in favor of “access” and “opportunity.” In higher education, the term “diversity, equity and inclusion” has traditionally referred to a range of efforts to comply with civil rights laws and foster a sense of on-campus belonging among minority populations.

But in recent years, conservative politicians have contended that DEI programs are wasteful spending and racist. A bill to ban state funding for DEI in Mississippi died earlier this year, but at least 10 other states have passed laws seeking to end or restrict such initiatives at state agencies, including publicly funded universities, according to ABC News.

In Mississippi, the word “diversity” first appeared in IHL’s policies in 1998. The diversity statement was adopted in 2005 and amended in 2013. 

The board’s vote on Thursday turned the diversity statement, which was deleted in its entirety, into a “statement on higher education access and success” according to the board book. 

“One of the strengths of Mississippi is the diversity of its people,” the diversity statement read. “This diversity enriches higher education and contributes to the capacity that our students develop for living in a multicultural and interdependent world.”

Significantly, the diversity statement required the IHL board to evaluate the university presidents and the higher learning commissioner on diversity outcomes. 

The statement also included system-wide goals — some of which it is unclear if the board has achieved — to increase the enrollment and graduation rates of minority students, employ more underrepresented faculty, staff and administrators, and increase the use of minority-owned contractors and vendors. 

Sewell did not respond to questions about if IHL has met those goals or if the board will continue to evaluate presidents on diversity outcomes.

In the new policy, those requirements were replaced with two paragraphs about the importance of respectful dialogue on campus and access to higher education for all Mississippians. 

“We encourage all members of the academic community to engage in respectful, meaningful discourse with the aim of promoting critical thinking in the pursuit of knowledge, a deeper understanding of the human condition, and the development of character,” the new policy reads. “All students should be supported in their educational journey through programming and services designed to have a positive effect on their individual academic performance, retention, and graduation.” 

Also excised was a policy that listed common characteristics of universities in Mississippi, including “a commitment to ethnic and gender diversity,” among others. Another policy on institutional scholarships was also edited to remove a clause that required such programs to “promote diversity.” 

“IHL is committed to higher education access and success among all populations to assist the state of Mississippi in meeting its enrollment and degree completion goals, as well as building a highly-skilled workforce,” the institutional scholarship policy now reads. 

The board also approved a change that requires the universities to review their institutional mission statements on an annual basis.

A policy on “planning principles” will continue to include the word “diverse,” and a policy that states the presidential search advisory committees will “be representative in terms of diversity” was left unchanged.

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

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Closed St. Dominic’s mental health beds to reopen in December under new management

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mississippitoday.org – Gwen Dilworth – 2024-11-21 13:54:00

The shuttered St. Dominic’s mental health unit will reopen under the management of a for-profit, Texas-based company next month. 

Oceans Behavioral Hospital Jackson, a 77-bed facility, will provide inpatient behavioral health services to adults and seniors and add intensive outpatient treatment services next year. 

“Jackson continuously ranks as one of the cities for our company that shows one of the greatest needs in terms of behavioral health,” Oceans Healthcare CEO Stuart Archer told Mississippi Today at a ribbon cutting ceremony at its location on St. Dominic’s campus Thursday. “…There’s been an outcry for high quality care.” 

St. Dominic’s 83-bed mental health unit closed suddenly in June 2023, citing “substantial financial challenges.”

Merit Health Central, which operates a 71-bed psychiatric health hospital unit in Jackson, sued Oceans in March, arguing that the new hospital violated the law by using a workaround to avoid a State Health Department requirement that the hospital spend at least 17% of its gross patient revenue on indigent and charity care.

Without a required threshold for this care, Merit Health Central will shoulder the burden of treating more non-paying patients, the hospital in South Jackson argued. 

The suit, which also names St. Dominic’s Hospital and the Mississippi Department of Health as defendants, awaits a ruling from Hinds County Chancery Court Judge Tametrice Hodges-Linzey next year. 

The complaint does not bar Oceans from moving forward with its plans to reopen, said Archer.

A hallway inside Oceans Behavioral Hospital in Jackson, Miss., is seen on Thursday, Nov. 21, 2024, during the facility’s grand opening. Credit: Eric Shelton/Mississippi Today

Oceans operates two other mental health facilities in Mississippi and over 30 other locations in Louisiana, Oklahoma and Texas. 

“Oceans is very important to the Coast, to Tupelo, and it’s important right here in this building. It’s part of the state of Mississippi’s response to making sure people receive adequate mental health care in Mississippi,” said Lt. Governor Delbert Hosemann at the Nov. 21 ribbon cutting.

Some community leaders have been critical of the facility. 

“Oceans plans to duplicate existing services available to insured patients while ignoring the underserved and indigent population in need,” wrote Hinds County Sheriff Tyree Jones in an Oct. 1 letter provided to Mississippi Today by Merit Health. 

Massachusetts-based Webster Equity Partners, a private-equity firm with a number of investments in health care, bought Oceans in 2022. St. Dominic’s is owned by Louisiana-based Catholic nonprofit Franciscan Missionaries of Our Lady Health System.

Oceans first filed a “certificate of need” application to reopen the St. Dominic’s mental health unit in October 2023. 

Mississippi’s certificate of need law requires medical facilities to receive approval from the state before opening a new health care center to demonstrate there is a need for its services. 

The Department of Health approved the application under the condition that the hospital spend at least 17% of its patient revenue on free or low-cost medical care for low-income individuals – far more than the two percent it proposed. 

Stuart Archer, CEO of Oceans Healthcare, speaks during the grand opening of Oceans Behavioral Hospital in Jackson, Miss., on Thursday, Nov. 21, 2024. Credit: Eric Shelton/Mississippi Today

Oceans projected in its application that the hospital’s profit would equal $2.6 million in its third year, and it would spend $341,103 on charity care.

Merit Health contested the conditional approval, arguing that because its mental health unit provides 22% charity care, Oceans providing less would have a “significant adverse effect” on Merit by diverting more patients without insurance or unable to pay for care to its beds. 

Oceans and St. Dominic’s also opposed the state’s charity care condition, arguing that 17% was an unreasonable figure. 

But before a public hearing could be held on the matter, Oceans and St. Dominic’s filed for a “change of ownership,” bypassing the certificate of need process entirely. The state approved the application 11 days later

Merit Health Central then sued Oceans, St. Dominic and the State Department of Health, seeking to nullify the change of ownership. 

“The (change of ownership) filing and DOH approval … are nothing more than an ‘end run’ around CON law,” wrote Merit Health in the complaint. 

Oceans, St. Dominic’s and the Mississippi Department of Health have filed motions to dismiss the case. 

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

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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.

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