State v. Culp

823 So. 2d 510, 2002 WL 1767544
CourtMississippi Supreme Court
DecidedAugust 1, 2002
Docket2000-IA-01842-SCT
StatusPublished
Cited by3 cases

This text of 823 So. 2d 510 (State v. Culp) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Culp, 823 So. 2d 510, 2002 WL 1767544 (Mich. 2002).

Opinion

823 So.2d 510 (2002)

STATE of Mississippi
v.
Elliot CULP.

No. 2000-IA-01842-SCT.

Supreme Court of Mississippi.

August 1, 2002.

*511 Office of the Attorney General by Marvin L. White, Jr., Judy T. Martin, attorneys for appellant.

Imhotep Alkebu-Lan, Chokwe Lumumba, Jackson, attorneys for appellee.

EN BANC.

SMITH, P.J., for the Court.

¶ 1. Holmes County Circuit Judge Jannie M. Lewis entered a gag order in a capital murder case, State v. Elliot Culp and Travis Lowe, Cause No. 10607. Subsequently, the Attorney General, independent of the District Attorney, petitioned this Court for a remedial writ to revoke Culp's bond, and this Court granted the State's emergency petition. In re State, No.2000-M-00887-SCT (Miss.2000). In discussing the revocation of Culp's bond, the Attorney General made several statements to the media regarding the evidence against Culp. Culp moved the circuit court for a show cause order why the Attorney General should not be held in contempt. The court entered the order as requested.

¶ 2. At the hearing before the trial court, the Attorney General argued that the gag order was invalid and that circuit court should recuse itself from the matter. The court denied all motions of the Attorney General, and it is from these rulings that the Attorney General now appeals, with permission of this Court. See M.R.A.P. 5. The contempt proceedings against him have been stayed pending the resolution of this appeal.

FACTS

¶ 3. On May 26, 2000, the circuit court entered, sua sponte, a gag order in State v. *512 Elliot Culp and Travis Lowe, Cause No.10607. The order was entered without a hearing and provided in pertinent part as follows:

This matter having come before this Court for a Gag Order and this Court having considered this matter, and in and [sic] effort to ensure that the defendants herein receive a fair and impartial trial in the Circuit Court of Holmes County, hereby enters a Gag Order in this matter.
IT IS THEREFORE ORDERED that all attorneys, their representatives, parties, witnesses and court personnels [sic] are prohibited from discussing or commenting on any aspects of this case. The clerk's office is however allowed to advise the media of motions or trial settings in this cause.

A news article was published in the Metro section of The Clarion-Ledger, a Jackson newspaper, on May 27, 2000, gave the details of the gag order, but no notice was published in the "legal notices" section of the newspaper. Theresa Klely, Gag Order Issued in Slaying Case, THE CLARION-LEDGER, May 27, 2000, at Bl. The gag order was never served on the Attorney General or anyone within the Office of the Attorney General. No one from the Office of the Attorney General appeared in the matter before the circuit court, except to object and respond to the contempt proceedings at issue.

¶ 4. On June 2, 2000, Attorney General Mike Moore filed an emergency petition with this Court to revoke the bond of Elliot Culp. This Court granted the State's petition on July 5, 2000. In re State, No.2000-M-00887-SCT. On June 15, 2000, Culp filed a show cause motion in the circuit court, requesting that Moore be found in contempt of court. The motion alleged that Moore made the following statements to the media:

1. In the June 3, 2000, issue of The Clarion-Ledger, Moore was quoted to have stated, "I believe this man is a danger to the community. The evidence is very strong that he committed this crime and he should not be walking the street." The article also states "Moore and Special Assistant Attorney General Judy T. Martin cite the DNA evidence in the petition: `There is substantial testimonial, physical and scientific evidence linking Culp to these horrendous crimes. Rarely is the proof ever so evident in any case.'"
2. In a June 8, 2000, television interview, Moore stated, "I hope by maybe this week or early next week the Supreme Court of our state will revoke his bond and put him in jail with the other co-defendant in this case. I think there is a very strong presumption that this young fellow was involved in this murder and it's just not right having him walk around a free man."

Culp filed a second show cause motion on July 18, 2000, alleging that Moore had made the following additional statements:

3. In the July 6, 2000, issue of The Clarion-Ledger, Moore was quoted as stating, "I think the Supreme Court did a very good job reviewing the facts and the law in this case. We felt the evidence was strong and the presumption of guilt was great and the bond needed to be revoked."
4. In a July 5, 2000, television interview, Moore stated, "Well we think it's a real important decision. I had a lot to do with the bail laws that have been written and the constitutional amendment that was put into law basically says that if you commit a crime like this or there's strong evidence that you've committed a crime like this that you are not entitled to bond. So that's why we fought so hard to make sure this case *513 stood up. It will send a message across this state to other judges—take a strong look at the evidence in the case before you decide to let them have bond." On another broadcast, Moore stated, "We filed an emergency petition with the Supreme Court asking the Supreme Court to revoke his bond. The local Judge had continued to allow him out on bond. The Supreme Court has now ruled that his bond is revoked."
5. In a July 5, 2000, broadcast, Moore stated, "The law says when the evidence is strong and the presumption great then the defendant shall be denied bond in the case of capital murder and so we're just trying to see the law is maintained."

¶ 5. On July 20, 2000, the circuit court ordered the Attorney General to respond in writing, and the Attorney General complied. The court entered the show cause order.

¶ 6. On October 4, 2000, the Attorney General filed with this Court a Petition for Expedited Writ of Prohibition in which he requested that this Court vacate the gag order and the show cause order. This Court dismissed the petition without prejudice because the State had not first sought relief in the trial court.

¶ 7. A hearing was held before the circuit court on October 16, 2000. At the hearing, the court heard argument on the following motions by the Attorney General: (1) motion to dismiss for lack of jurisdiction the defendant's show cause motion; (2) motion to hold that the gag order does not apply to the Attorney General; (3) motion to vacate the gag order; and (4) motion for the circuit court to recuse itself. The court denied all motions from the bench and entered written orders to that effect on October 24, 2000. The circuit court certified these issues for interlocutory appeal to this Court, and this Court granted the State's Petition for Interlocutory Appeal on July 18, 2001. See M.R.A.P. 5.

¶ 8. We find that any comments by the Attorney General were made concerning the separate action concerning solely the issue of Culp's bond. The Attorney General never appeared before the circuit court and never received notice of the gag order, thus he could not have wilfully violated the order. We reverse and render the trial court.

¶ 9. We also note that the general rule is that this Court does not grant interlocutory appeals in a criminal case. Beckwith v. State, 615 So.2d 1134 (Miss. 1992). However, the case at bar does not involve any of the issues in the criminal proceedings in

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Bluebook (online)
823 So. 2d 510, 2002 WL 1767544, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-culp-miss-2002.