Carr Law Firm Jury trial #12 for the year end with a Hung Jury!

Bolivar County criminal trial term week 4 update: one case was tried from a 2019 allegation of sexual battery which resulted in a hung jury. Defendant was represented by Mike Carr of Carr Law Firm. A second case was attempted to be started on Wednesday on a charge of manslaughter, but a sheriff’s deputy accidentally allowed for prospective jurors to see one of the defendants while he was still in an orange jumpsuit and in shackles, which is prejudicial to his right to a fair trial and a constititional violation, therefore caused a mistrial even before the trial could start. This resulted in no convictions this week by the DA’s office.

Carr Speaks at Access to Justice Commission of the MS Bar

On October 24, Attorneys Mike and Jessica Carr spoke with Chancellor Debra M. Giles and Jennifer Adams Williams about encouraging law students to consider small town and rural law practice as part of our membership in the Access to Justice Commission of the Mississippi Bar. While years in the making, we at the ATJC have finally established a rural practice summer clerkship program where the Bar will sponsor select law students to partner with rural practitioners to assist with the various legal needs of Mississippians in underserved areas of our state.

Coahoma County Criminal Trial Term Update: DA’s Office has THREE Mistrials in THREE Weeks Plus a Hung jury

July 24 - State v. Hill, Porter, Stacker, and Marion (2020 incident) - charge of shooting into a dwelling x2 and shooting into a motor vehicle x2. Law enforcement prior to trial had told the DA they had lost material evidence - DA did not inform defense counsel or the Court and started trial anyway. The Court, upon discovery of this issue mid-trial, properly declared mistrial. Post mistrial - Court further suppressed all evidence as violation of search and seizure. DA office had no admissible evidence left. Case dismissed

July 31 - (2019 incident) State v. Green & Walls - 1st Degree Murder and Aggravated Assault - hung jury

Aug 7 - (2021 incident) State v. Harmon - Manslaughter - Mistrial declared due to DA failure to disclose autopsy pictures to defense counsel.

Aug 10- (2019 incident) State v. Pollard - multiple counts of drug possession - Mistrial declared bc Defendant brought into courtroom before the jury while still in chains.

Every one of these cases is 2-4 years old. Due to the mistrials and the hung jury - all are still on the Court docket. Each jury costs Coahoma County (conservatively) $3,500. This price does not include the cost of pretrial incarceration which can last years as well as the cost of manpower to investigate these cases and expert witness fees and expenses.

In short, in the past three weeks, taxpayers of Coahoma County spent well over $15,000 with no return.

Lexington Releases Civil Rights Attorney Arrested While Filming Traffic Stop - Mississippi Free Press

Authorities have released civil rights attorney Jill Collen Jefferson from jail in Holmes County after Lexington Police arrested her on Saturday, June 10, while she was filming a traffic stop she saw after leaving an event. Police arrested the JULIAN president nine days after she complained about the department’s treatment of Black residents while meeting with U.S. Justice Department officials.

Jefferson’s attorney, Michael Carr, who said he “is very concerned (Lexington Police) engaged in a false arrest in this case,” informed the Mississippi Free Press this morning that she was being released. Bail bondsman Bonita Streeter also confirmed the release, saying officials had waived fees for the civil rights attorney’s release.

Jefferson, who is from Jones County, founded JULIAN in 2020. She named the organization, which conducts investigations into possible civil rights violations, after her mentor, longtime civil rights leader Julian Bond.

The arrest sparked a backlash from the community over the weekend.

“The citizens of Lexington are fearful of driving for fear of harassment from the police,” the Mississippi Freedom Democratic Party said in a statement this morning condemning Collen’s arrest. “Innocent mentally ill citizens are brutalized on our streets and imprisoned unlawfully. Our elected officials have refused to act on this matter because these unlawful arrests are benefitting the city financially.”

Assistant U.S. Attorney General Kristen Clarke, who is with the U.S. Justice Department’s Civil Rights Division, visited Lexington on June 1 along with U.S. Attorney Darren J. LaMarca of the Southern District of Mississippi.

“In her remarks, Assistant Attorney General Clarke discussed the Justice Department’s commitment to address civil rights issues, including enforcing federal school desegregation orders, addressing jail and prison conditions and prosecuting hate crimes,” a Justice Department readout said. “The meeting focused on civil rights issues, like law enforcement accountability.”

The Mississippi Freedom Democratic Party said its members “were feeling hopeful” after Clarke and LaMarca’s visit—until Jill Collen Jefferson’s arrest.

“Upon leaving an event, she witnessed police officers engaging with a citizen, but because of the numerous complaints against the police department, she decided to drive by the scene and record,” MFDP said. “While driving, an officer asked her to show her driver’s license Other officers approached the vehicle and began to pull her out. She was placed in handcuffs and put in the patrol car.”

Attorney Carr said police charged Jefferson with three misdemeanors, including failure to comply, disorderly conduct and resisting arrest. But he told the Mississippi Free Press this morning that the police department had offered no “narrative supplement” to explain why they charged her with those offenses.

After this story first published, though, Carr shared a recording with the Mississippi Free Press that his office obtained that he says includes remarks the arresting officer made about Jefferson. This reporter could not verify the identity of the person speaking in the recording, however.

“I told her to give me her license five, six, seven, eight times,” a man can be heard saying on the recording. “She argued she ain’t got to. … She was riding by filming. I guess she thought that was a good idea.”

The Mississippi Free Press reached out to the Lexington Police Department for comment this morning, but an employee said there was “no one here right now to speak about that matter” and to call back later. Reached again this afternoon following this story’s initial publication, the department again said no one was available to speak.

Later this afternoon, attorney Carr sent this reporter a vide of Jill Jefferson speaking with members of the media in Lexington, where she accused the local police of “terrorizing Black people here.”

She said she was driving around with a passenger when she saw the police had someone pulled over and decided to film the incident. The passenger, she said, got out of the car, fearing the police would pull Jefferson over for filming them.

“As soon as the cops saw me, Officer Scott Walters started flagging me down with his flashlight,” Jefferson told reporters. “I stopped, I let my window down, and he said, ‘Show me your ID.’ I said, ‘Why do you need to see my ID?’ … And then he pulled out his taser. And I said, ‘You’re going to tase me?’ And that point, I called my attorney. He said, ‘Jill, of course this is not right, but just show them your ID so you can get this over with.'”



Jefferson said she followed her lawyer’s suggestion, but the situation only escalated from there.

“I held up my license. At that point, Officer Walters snatched my phone out of my hand, he slammed it on the top of the car,” she said. “He started trying to yank at my door handle, trying to pull it open. My car door was locked. He reached through the window and unlocked my car door through the inside. He pulled the door open, pulled me out of the car, pushed me against the car, and then proceeded to arrest me—cuff me. He put my hands behind my back. I did not resist.”

Jefferson said that, after the officer put her in the back of a police car, Jefferson said another officer joined Walters searching her car.

“Then they went to the driver’s side and Officer Walters knelt down and put his hand under the seat and he said, ‘Oh, looky here.’ He’d found my firearm,” she said. “And he said, ‘I sure hope it’s stolen.’ At that point, he came back to the police car. I told him the search was illegal. He told me he would never hire me. He told me I was a shit lawyer since I didn’t know about search incident to arrest. He told me I was being arrested for failure to comply. I told him I had not done anything wrong. He said nothing and shut the car door. He took me to the police station.”

In July 2022, JULIAN shared a recording with the Mississippi Center For Investigative Reporting in which a Lexington police officer bragged about shooting a Black man, saying he “shot that n— 119 times” and that he did not “give a f— if you kill a motherf—ker in cold blood.” JULIAN alleged that then-Police Chief Sam Dobbins was the voice in the recording, and the City voted 3-2 to fire him days later.

A month later, JULIAN filed a lawsuit against the Lexington Police Department, alleging that it “operates within a culture of corruption and lawlessness, daily and habitually subjecting Black citizens to harassment and brutality, in violation of their civil rights.”

“We are just asking the court to restrain them from targeting, harassing, assaulting Black citizens and violating their constitutional rights in other ways,” Jill Collen Jefferson told the Mississippi Free Press last year. “It’s at a breaking point—it’s actually beyond a breaking point.”

Carr said Jefferson’s court date is set for July 13 at the Lexington Municipal Court.

Lexington is 86% Black and 13% white, but has a deeply racist past. At the dedication of a Confederate monument there in 1908, Confederate veteran Wiley N. Nash said that “these Confederate monuments, these sacred memorials, tells in silent but potent language, that the white people of the South shall rule and govern the Southern states forever.”


-This Article was originally authored by Ashton Pittman for the Mississippi Free Press

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NOT GUILTY ARMED ROBBERY! NOT GUILTY AGGRAVATED ASSAULT!

Last week in Coahoma County, I defended a young man charged with Armed Robbery, Aggravated Assault, and Kidnapping. He was facing a max sentence of double life by jury plus 25 years. After a three day trial, the jury returned a verdict of not guilty on armed robbery, not guilty on the aggravated assault with a firearm, but did find him guilty on Kidnapping. The sentencing judge - correctly recognizing my client’s very minimal role in the event, the much greater role of his codefendants, and the fact that this young man had zero criminal history, had three children, and had maintained steady employment his whole life - gave him a sentence of 5 years Probation on his conviction.

The charges were extremely serious, but the District Attorney’s Office charged everybody with the same charges, despite the clearly different levels of involvement. In our opinion, this is “group punishment” and lazy prosecution. A prosecutor has a duty to charge each individual based on the facts, not based on the actions of a group. 

I am proud that Tyrekius Allen maintained his innocence and exercised his constitutional right to trial. And I’m also very thankful he trusted our firm to uncover the truth.

Jury Trial 70 - but Mistrial Declared!

Mistrial today on day three of a First Degree murder case. A juror (properly) notified the Court that another juror had been openly discussing the case with jurors prior to deliberation while back in the jury room on breaks, and encouraging other jurors to ”do their own research” regarding certain medical issues which were a central issue in the case regarding causation and affirmative defenses. As a result of these open conversations, the jury was essentially poisoned, and a mistrial had to be declared. It was the right result, although incredibly frustrating to my client as well as to the State.  And a further expense to the taxpayers of the county. 

Jury service is essential for our criminal justice system to function - but jurors MUST abide by all rules set forth by the Court, and answer all questions truthfully during jury selection in order for both the prosecutors and the defense to get a fair trial.  Our client has been waiting four and a half years for his day in court, and it looks like he will now have to wait at least another year.  This case marks 70 jury trials as lead counsel for Mike Carr of Carr Law Firm.

DA’s Office Fails to Prove Case Again

Hung Jury!  Client charged with trafficking meth in Circuit Court of Quitman County. Officers could not account for all the evidence seized during the search.  Crime lab could not confirm that the suspected drug weight was enough for trafficking charge. Multiple witnesses identified but not interviewed.  While every hung jury is frustrating for a client, it is simply evidence that this DAs office was unable to prove the charge in the Indictment to all 12 jurors beyond a reasonable doubt.  Second hung jury this week in Quitman County. No convictions. 

Not guilty of Aggravated Assault!

Client charged with aggravated assault felony domestic violence - alleged to have shot his girlfriend with a firearm in Bolivar County.

After hearing testimony of a struggle over the gun and it being negligently but not willfully discharged, and through cross examination and rigorous scrutiny of evidence gathered by the Bolivar County Sheriff’s Department - the jury found our client guilty of the lesser offense of simple assault under Miss Code Ann 97-3-7(3))a)(ii)

Since his arrest last September, client has remained incarcerated as a pretrial detainee unable to make bond for 14 months. We had to push to get his case tried during this short work week, or else he would have had to wait another 6 months or longer to get his day in court - all the while sitting in jail on the tax payers’ dime.

As the maximum sentence on simple assault is 6 months, he will be released on a time served sentence. Though he will not be able to get the other 8 months he unnecessarily served in jail back, we at CLF are glad to get the right result for our client and return him to his family before Thanksgiving

Carr Presents at U of M Law on Civil Rights Litigation and Qualified Immunity

On Thursday November 3, Attorney Carr gave a presentation entitled “Section 1983 Litigation and Qualified Immunity” to Professor Yvette Butler’s Civil Rights class at the Robert Khayat Law Center on the campus of the University of Mississippi. Topics included use of deadly force, search warrants, and various issues surrounding the 4th and 8th Amendment as applied to real world practice.

Carr Presents CLE for Mississippi Association for Justice

Attorney Michael Carr traveled to the Alluvian Hotel in Greenwood to give a presentation entitled "Trial is the Default: Courtroom Tips and Strategies from the Delta to Desoto". He is presenting a CLE class for lawyers throughout the state along with Rachel Coxwell, of Coxwell Attorneys, from Jackson, MS. Attorney Carr has been a long-time supporter of the Mississippi Association for Justice

NOT GUILTY ALL COUNTS!

Client was charged with Ct I: Aggravated Assault w/a firearm Ct II: Attempted Aggravated Assault w/a firearm and Ct III: Felon in Possession of a Firearm.  He was facing 60 years total if convicted.  

Despite these allegations, through cross examination of witnesses and the physical evidence supporting Defendant's version of events -  a Coahoma County jury applied the law to the facts and found our client NOT GUILTY on all three counts.  He had waited in jail with no bond for two years for his day in court.  Carr Law Firm zealously represents clients charged with felony and misdemeanor crimes in state and federal courts throughout Mississippi.  If you or a loved one have a pending criminal case, please call our office at 662-441-1529 for a free consultation. 

Another Victory for Carr Law Firm, Clients Finally Stand Trial After Waiting Nearly a Decade

Client and his sister were charged with Aggravated Assault based on allegations that they both attacked another individual with a 2x4 in 2014. The State produced only the victim and responding officer in the case, and no medical evidence of serious bodily injury. Victim also admitted on the stand that she could not prove that one of the defendants actually attacked her.

The jury deliberated for 22 minutes and returned a verdict of “Not Guilty” for one defendant, and returned a "Guilty” verdict of Misdemeanor Simple Assault for the other defendant. The State’s plea offer in this case was 10 years to serve in the custody of the MDOC with 5 years of post-release probation. Attorney Carr advised his client to not accept the plea offer, and fought for his client in open court. Because of our client’s trust in us, he will not have a felony record hanging over his head.

This case has been pending for 8 years, and our clients finally got their day in court. We are glad to see that the jury reached the proper conclusion with the facts presented.

Carr Reappointed to Budget and Finance Committee of the Mississippi Bar

On Thursday, June 9, 2022, Mississippi Bar President-Elect Blake Teller reappointed Michael S. Carr of Carr Law Firm to be a member of the Budget and Finance Committee of the Mississippi Bar. This is a two-year appoint extending to 2024. The purpose of the Budget and Finance Committee is to prepare and present an annual budget to the Mississippi Bar Board of Commissioners, as well as any related duties which may be assigned by the President. This includes budgeting for all projects of The Mississippi Bar, allocation of funds to the Young Lawyers Division, special work committees, pro-bono activities, outreach to the community, as well as planning and financing the annual Mississippi Bar convention in Sandestin, Florida. Carr previously served a two-year term extending from 2018-2020 and 2020-2022.

Carr Presents CLE on "Solo Practice" to Young Lawyer Division

The Young Lawyers Division is hosting a series of CLEs providing education and best practices on a variety of topics for solo practitioners across the state.

Join the YLD for the ninth session, “Running a Solo Practice: What They Don’t Teach You in Law School" presented by Mike Carr of the Carr Law Firm in Cleveland, Mississippi, Friday, June 10 from 12:00 p.m. - 1:00 p.m. on Zoom.

One hour of CLE credit will be offered at no cost to all members of YLD and The Mississippi Bar. Registration is open through the Attorney Login on the Bar's homepage

Image Thumbnail Courtesy of of the Young Lawyers Division of the Mississippi Bar

Another Not Guilty Last Week!

Another Not Guilty!! Client, who was 5 mo pregnant at the time, was attacked by a larger and stronger female while sitting at her friend’s residence. Client, to get the attacker off of her, and protecting herself and her baby, stabbed the attacker one time in the chest with a small knife she kept in her tights for protection. She then retreated.

Despite this, she was charged and indicted for aggravated assault. Refused to plead and took it to trial. As she should.

Jury considered all the evidence. And voted “not guilty” in approximately 30 minutes.

Attorney Brittany Dean Accepted into 2022-2023 Leadership Class of The Mississippi Bar

On May 5th, Associate Attorney Brittany Dean was accepted into the 2022-2023 Leadership Mississippi Bar class.  Attorney Dean was selected from a very competitive pool of applicants.  This selection is based on her past achievements as well as what the Mississippi Bar believes she will accomplish in the future.  As a member of this year’s Leadership class, Mrs. Dean will meet and interact with prominent legal, community, and state leaders; develop leadership skills; explore long-term opportunities for leadership; and form a lifelong network of professional colleagues.  Mrs. Dean plans to use everything she learns as a part of the 2022-2023 Leadership class to better the MS Delta.  The connections she makes will greatly benefit this area she has chosen to call home and she is looking forward to doing what she can to better serve her profession and her community.

Carr inducted as a Fellow of the Mississippi Bar Foundation

Michael Carr of Carr Law Firm was one of fifteen attorneys recently inducted as a Fellow of the Mississippi Bar. The Bar Foundation's members represent the highest level of professionalism and competence for a Mississippi lawyer. Since 1984, the Foundation has administered grants in excess of $12 million, constructed and maintained the Mississippi Bar center, and provided financial assistance for many law related programs and projects. Further, the Mississippi Bar Foundation provides scholarship assistance and support to both of Mississippi's Law Schools. It financially supports law-related public education programs, such as the statewide high school mock trial competition, and improves public understanding of the legal system.

Another Not Guilty!

March 8, 2022 - Carr Law Firm had another win last week in Quitman County.  Client was charged with drug trafficking - specifically possession of more than 1 Kg of marijuana “with the intent to sell, transfer, or deliver” which was discovered during a traffic stop.  Client’s Lexus and over $4,000 in cash were seized by law enforcement. 

After a one day trial and less than an hour of deliberation, a jury of 12 found our client not guilty of drug trafficking - as well as not guilty of the lesser included offense of simple drug possession.  

We look forward to getting our client his car and his money back!  

Carr Law Firm specializes in misdemeanor and felony criminal defense in state and federal courts in Mississippi.  If you or a loved one have been charged with a crime, please call our office at 662-441-1529 for a consultation.