6 results for 'judge:"McCarty"'.
J. McCarty finds that while there was no evidence of judicial bias, the trial court was barred from presiding over defendant's postrelease control revocation hearing because he had prosecuted the underlying criminal case prior to being elected. The judge's impartiality is not at question; however, his involvement in a previous portion of the case disqualified him from further participation and, therefore, the case must be remanded for a new hearing in front of a different judge. Reversed.
Court: Mississippi Court Of Appeals, Judge: McCarty, Filed On: May 14, 2024, Case #: 2023-CP-200, Categories: Criminal Procedure, Drug Offender, Judiciary
J. McCarty finds the lower court properly denied defendant's petition for postconviction relief based on the validity of his plea agreement. He not only signed a waiver, but also spoke in open court to enter his guilty plea, while the sentence handed down by the trial court did not exceed the statutory maximum. Even though the 40-year sentence was double what the state recommended, defendant acknowledged at his plea hearing the recommendation did not have to be followed and because it was within statutory guidelines, it did not nullify the plea agreement. Affirmed.
Court: Mississippi Court Of Appeals, Judge: McCarty, Filed On: May 7, 2024, Case #: 2023-CP-202, Categories: Sentencing, Sex Offender, Plea
J. McCarty finds the lower court properly awarded custody of a minor child to a father. The parents were never married and always lived separately, with the daughter initially staying with mother during the week and father on weekends. The parties then entered into a joint custody agreement. When the mother moved out of state for a job, she left the daughter with the father during the week to maintain continuity in the child’s life. The mother moved again and married, then entered the Navy, and did not see the child for several months. The mother later petitioned for sole custody of the daughter, and the father counterclaimed also seeking sole custody. The lower court found there had been a material change in circumstance since the original custody agreement, and that the child living with the father was more stable environment, and awarded him sole physical custody of the daughter. The instant court finds no error or abuse of discretion by the lower court. Affirmed.
Court: Mississippi Court Of Appeals, Judge: McCarty, Filed On: November 14, 2023, Case #: 2022-CA-00887-COA, Categories: Family Law
J. McCarty finds the lower court properly convicted defendant of first-degree murder and possession of a firearm by a felon. Defendant shot into an apartment window after having a physical altercation with the occupant. One of the shots hit the occupant, puncturing his heart and lung, killing him. Evidence is sufficient to support defendant’s convictions and sentence of life plus 10 years. Affirmed.
Court: Mississippi Court Of Appeals, Judge: McCarty, Filed On: October 10, 2023, Case #: 2022-KA-00815-COA, Categories: Evidence, Firearms, Murder
J. McCarty finds the Mississippi Department of Employment Security (MDES) properly denied an applicant’s request for unemployment benefits. The individual claims he is a self-employed freelance paralegal who became unemployed as a result of the Covid-19 pandemic and applied for Pandemic Unemployment Assistance under the CARES Act. He received $9,744 in benefits, but MDES determined he was not entitled to them and must pay them back. An administrative law judge determined that the applicant submitted insufficient documentation to support his unemployment claim and the circuit court affirmed the finding. The instant court finds no error with the lower court’s findings. Affirmed.
Court: Mississippi Court Of Appeals, Judge: McCarty, Filed On: October 10, 2023, Case #: 2022-CC-00948-COA, Categories: Employment, Agency
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J. McCarty finds the lower court properly convicted defendant of attempted murder and possession of a firearm by a felon for shooting a man twice after a confrontation in a parking lot. Defendant was sentenced to 20 years for attempted murder, and 10 years for the firearms charge, to be served consecutively. Despite defendant's argument, the jury was properly instructed, and the instant court finds no fault in the lower court’s determination Affirmed.
Court: Mississippi Court Of Appeals, Judge: McCarty, Filed On: August 8, 2023, Case #: 2022-KA-00398-COA, Categories: Firearms, Murder, Jury Instructions