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State Supreme Court upholds 12-year sentence for man who brought cellphone into jail

JANFU

JANFU

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Man sentenced to 12 years for cellphone MS jail didn't confiscate

The Mississippi Supreme Court has upheld a 12-year sentence for a man who had a cellphone after he was booked into the Newton County jail on a misdemeanor charge. The case is drawing national attention and condemnation.

A jury found Willie Nash guilty of possession of a cell phone in a correctional facility. Nash didn't appeal the verdict, but challenged the 12-year sentence, saying it was grossly disproportionate to the crime, violating his rights.
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https://www.washingtonpost.com/nation/2020/01/15/willienashmississippi/

As the 39-year-old was waiting in the Newtown County Jail in Decatur, Miss., he asked a jailer to plug in his smartphone, which, for reasons that remain unclear, officers did not confiscate when he was booked. The jailer seized the phone, which Nash had used to text his wife, according to court documents. Soon after, Nash was indicted under Mississippi’s law barring contraband in jails and prisons.

King wrote in his opinion that it was “highly probable” that officers at the jail did not follow booking procedures and that Nash was unaware his phone was prohibited.
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12 years, US Justice system can and is overboard on sentences
But heck, man was a criminal.

Rather 3rd worldian
Amirite?
 
Captain Adverse said:
I think this is a case ripe for appeal in Federal Court citing 8th Amendment protections against cruel and unusual punishments.
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Who would take it to SCOTUS

I had read this a few days ago, the lawyer did not call the people who booked him in

That is not the issue, IMHO, severe and outlandish sentences are.
This fits both in my opinion
 
JANFU said:
Who would take it to SCOTUS

I had read this a few days ago, the lawyer did not call the people who booked him in

That is not the issue, IMHO, severe and outlandish sentences are.
This fits both in my opinion
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If you think a penalty is "severe and outlandish" you are simply using substitute terms for "cruel and unusual."

My point stands. :coffeepap:
 
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Captain Adverse said:
If you think a penalty is "severe and outlandish" you are simply using substitute terms for "cruel and unusual."

My point stands. :coffeepap:
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It does, as does mine
 
The current president requested the death penalty for men wrongly accused of raping a woman in a full page ad. The current Senate has worked day and night to ensure our courts become as right wing as possible. Hundreds of judges now sit ready to enact the policies commanded by a guy who won't apologize for asking the state to kill innocent people.

Anyone hoping for a more lenient future ?!

Я Баба Яга [emoji328]
 
JANFU said:
Man sentenced to 12 years for cellphone MS jail didn't confiscate



https://www.washingtonpost.com/nation/2020/01/15/willienashmississippi/



12 years, US Justice system can and is overboard on sentences
But heck, man was a criminal.

Rather 3rd worldian
Amirite?
Click to expand...

In my state you cannot win a direct appeal of a criminal conviction based on the length of a sentence as long as it was within the maximum set forth by the statutes. Perhaps Mississippi has a similar standard in the criminal appeals.
 
Drawdown said:
In my state you cannot win a direct appeal of a criminal conviction based on the length of a sentence as long as it was within the maximum set forth by the statutes. Perhaps Mississippi has a similar standard in the criminal appeals.
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One should always have the right of appeal.
 
JANFU said:
One should always have the right of appeal.
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You can file it. They will just toss it out without a hearing. I understand some states like West Virginia let you appeal anything all the way to the state supreme court, but ultimately these decisions usually come down to volume. Just having a blanket rule like that keeps every prisoner sitting behind bars from flooding the courts with appeals.
 
Drawdown said:
You can file it. They will just toss it out without a hearing. I understand some states like West Virginia let you appeal anything all the way to the state supreme court, but ultimately these decisions usually come down to volume. Just having a blanket rule like that keeps every prisoner sitting behind bars from flooding the courts with appeals.
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Thank you for the information
In my opinion, this is all kinds of wrong, all appeals should be heard.
As to volume well the US does have a very high incarceration rate and if needed hire more Judges

Do you think this sentence is excessive?
His lawyer did not call staff who booked him in. I think his lawyer messed up, and in this case would not make a good Corporal
Did they (booking staff)make mistakes?
 
3-15 years for possession of a cellphone is a ****ing bonkers range of sentencing guidelines to begin with. In this case, it's even more atrocious. The guy was booked on a misdemeanor.
 
Deuce said:
3-15 years for possession of a cellphone is a ****ing bonkers range of sentencing guidelines to begin with. In this case, it's even more atrocious. The guy was booked on a misdemeanor.
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Yep.

The jail screwed up when they processed him. Now they're embarrassed, so they're crucifying the guy.
 
Drawdown said:
In my state you cannot win a direct appeal of a criminal conviction based on the length of a sentence as long as it was within the maximum set forth by the statutes. Perhaps Mississippi has a similar standard in the criminal appeals.
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That's what happened here. The court ruled that it could overturn the length of the sentence because it fell within the range of punishment specified under the law. Since all the man appealed was the length of the sentence, not the original conviction, that's all they could rule on.

One of the justices wrote an opinion (quoted in the article) that there were 'concerns' about the case, and cited numerous points about the facts of the case itself, and the man's original defense. That judge questioned whether the man should have been found guilty at all. I think that judge was trying to help the defendant by laying out that he should appeal the original conviction on the grounds of ineffective council.

I'm a law and order guy - but it sounds like this man was failed at many levels. He had bad representation both at the original trial and on appeal, an overzealous prosecutor, and a judge that didn't step in and take steps to ensure the man had a fair trial.
 
This is reasonable if he had a charger, but if he didn't, then it is unreasonable.
 
JANFU said:
Thank you for the information
In my opinion, this is all kinds of wrong, all appeals should be heard.
As to volume well the US does have a very high incarceration rate and if needed hire more Judges

Do you think this sentence is excessive?
His lawyer did not call staff who booked him in. I think his lawyer messed up, and in this case would not make a good Corporal
Did they (booking staff)make mistakes?
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It is just the reality of criminal justice. That was why many states abolished parole.Too many people were eligible and the federal courts said they weren't giving them proper time so the solution was to do away with it altogether. This guy can now go into the federal courts and seek his resolution there. My understanding is the federal courts require you exhaust your state appeals before they will hear your case.
 
JANFU said:
Man sentenced to 12 years for cellphone MS jail didn't confiscate



https://www.washingtonpost.com/nation/2020/01/15/willienashmississippi/



12 years, US Justice system can and is overboard on sentences
But heck, man was a criminal.

Rather 3rd worldian
Amirite?
Click to expand...

in America people can collude with Foreign powers, and get no time, they can buy their kids way into University with shams and lies and get only days and months.... but a cell phone in a jail cell, is 12 yrs. - Is American is turning into a Third World Plutocracy, driven by Autocratic Tyranny- to place the wealthy and politically connected above the law; but if one has no money and political connections, their time is dished out in years and decades.
 
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