Ben v. Mississippi

Docket Number2009-CT-01495-SCT
Decision Date23 August 2012
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30 cases
  • Galloway v. State
    • United States
    • Mississippi Supreme Court
    • 26 September 2013
    ...cases, the “elephant in the room” is that the constitutional right to speedy trial in Mississippi is dead. Ben v. State, 95 So.3d 1236, 1258 (Miss.2012) (Dickinson, P.J., dissenting); Johnson, 68 So.3d at 1247 (Dickinson, P.J., dissenting).17 In this case, I would reverse the trial court's ......
  • Collins v. Comm'r, Miss. Dept. of Corr.
    • United States
    • U.S. District Court — Southern District of Mississippi
    • 3 August 2021
    ... ... I ... INTRODUCTION ... On ... January 11, 2018, petitioner Jairus Collins ... (“Collins”) filed a petition for a writ of habeas ... corpus, pursuant to 28 U.S.C. § 2254 (“Section ... 2254”), seeking for his state court felon-in-possession ... conviction to be set aside, his sentence vacated, and the ... charge dismissed. Doc. [1, 3]. Collins contends that he is ... unlawfully confined because his conviction and sentence were ... imposed in violation of the U.S. Constitution and laws ... ...
  • Eubanks v. State
    • United States
    • Mississippi Supreme Court
    • 16 June 2022
    ...Sixth Amendment to the United States Constitution affords an accused ‘the right to a speedy and public trial ....’ " Ben v. State , 95 So. 3d 1236, 1242 (Miss. 2012) (quoting U.S. Const. amend. VI ). "That right is applicable to the states through the Due Process Clause of the Fourteenth Am......
  • Newell v. State
    • United States
    • Mississippi Supreme Court
    • 8 October 2015
    ...1008, 1012 (Miss.1991) ). For example, “ ‘well-taken’ motions for continuance may justify a delay in criminal cases.” Ben v. State, 95 So.3d 1236, 1243 (Miss.2012) (citing Flora v. State, 925 So.2d 797, 815 (Miss.2006) ). On the other hand, a bad motive on the prosecution's part significant......
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