Ude v. State

992 So. 2d 1213, 2008 WL 2582481
CourtCourt of Appeals of Mississippi
DecidedJuly 1, 2008
Docket2007-KM-00268-COA
StatusPublished
Cited by3 cases

This text of 992 So. 2d 1213 (Ude v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ude v. State, 992 So. 2d 1213, 2008 WL 2582481 (Mich. Ct. App. 2008).

Opinion

992 So.2d 1213 (2008)

Bart UDE, Appellant,
v.
STATE of Mississippi, Appellee.

No. 2007-KM-00268-COA.

Court of Appeals of Mississippi.

July 1, 2008.
Rehearing Denied October 21, 2008.

*1214 Bart Ude (pro se), attorney for appellant.

Office of the Attorney General by Jeffrey A. Klingfuss, attorney for appellee.

Before LEE, P.J., BARNES and ISHEE, JJ.

BARNES, J., for the Court.

¶ 1. On April 12, 2005, Bart Ude was convicted in the Justice Court of Oktibbeha County of stalking. He was sentenced to serve a term of six months in the county jail, suspended for a period of two years pending good behavior and was ordered to pay all fines and court costs associated with the cause. Ude appealed the conviction to the Circuit Court of Oktibbeha County. After a bench trial, the trial judge found beyond a reasonable doubt that Ude was guilty of stalking. In addition to the penalties imposed by the justice court, Ude was banished from Oktibbeha County, Mississippi for a period of two years and copies of the order were to be provided to the Mississippi State University Police Department, Oktibbeha County Sheriff's Department, Starkville Police Department, the United States Department of Homeland Security, and the University of Tennessee Police Department. Aggrieved by the circuit court's judgment, Ude appeals, asserting numerous assignments of error, only three of which need be addressed by this Court: (1) the circuit court erred in denying him a jury trial; (2) he was denied a speedy trial in the circuit court; and (3) the State failed to prove the elements of stalking beyond a reasonable doubt. As the State confesses error with regard to the circuit court's refusal to grant Ude a jury trial, we find that the circuit court committed reversible error in this regard; therefore, we reverse the judgment of circuit court and remand this case for a jury trial.

FACTS AND PROCEDURAL HISTORY

¶ 2. In November 2003, Ude arrived in Starkville, Mississippi with the expectation of completing his Ph.D. at Mississippi State University in the Department of Agricultural and Biomedical Engineering. Given that Ude had no friends or family in the area and was without personal transportation, LaKeisha Claude, an upper-level doctoral student from his department, offered to provide Ude with rides to his classes and to complete errands such as going to the grocery store. Moreover, during the Spring semester of 2004, Claude and Ude would sometimes have lunch or dinner after class. Claude testified *1215 that there were times when she called Ude or went by his apartment, but that her actions were merely collegial in nature.

¶ 3. Around February 2004, the dynamics of the relationship between Ude and Claude changed. Ude sent flowers to Claude's home on Valentine's Day. According to Claude, she called Ude and informed him that she did not want the flowers. Claude testified that Ude then began visiting her office, which was the office that housed graduate students in the department who held research assistantship positions. Claude shared this office with Virginia Hamilton, Simon Schimm, and Yee Feng. Although Ude was a student in the department and attended some of the same classes as Claude, he did not hold a research position in the department; therefore, Claude maintained that Ude's presence in the graduate student office was not necessary.

¶ 4. Claude testified that during his frequent visits to the office, Ude would either attempt to get her attention or talk loudly to other students about her personality and character. She stated that the comments made her uncomfortable. When she informed Ude that she was uncomfortable, he initially laughed, but thereafter he became angry and violent. Claude testified that Ude got angry and yelled almost every time he came to her office, which was almost daily. She stated that on one occasion, Ude had a pizza delivered to her home without any warning. He also sent apples to her office, gave her a blood pressure monitor for her birthday, and consistently made phone calls to her home, office, and cell phone. Claude testified that as the phone calls continued, she would immediately hang up when she recognized Ude's voice. She also testified that on occasion Ude passively put his arm around her, but she made it clear that such behavior was not acceptable.

¶ 5. Claude stated that in May 2004, she filed an informal complaint with the Dean of Students, Mike White, requesting that there be no affiliation between herself and Ude. White testified that as a result of Claude's complaint, he called Ude into his office on a number of occasions, explained the university's policies, and requested that Ude have no contact with Claude. According to White, throughout those meetings Ude denied any harassment and stated, on more than one occasion, that he "did not accept" White's directive to stay away from Claude.

¶ 6. Claude testified that in July 2004, after Ude had continued to contact her, she filed a formal complaint with White regarding Ude's behavior. White testified that he subsequently called a meeting among himself, Claude, Ude, and Carson Cook, the university's affirmative action officer. During this meeting, Claude told Ude that she did not want any contact with him in any manner. According to Claude and White, Ude responded that he "would not accept" that directive, and then became so agitated and angry that he was asked to leave the meeting, eventually having to be escorted out by White and Cook. At the close of the meeting, White sent a letter to Ude restating that he was to have no contact with Claude and stating that if his directives were violated, serious consequences, including suspension from the university, would result. Claude also filed a complaint with the university police.

¶ 7. Claude testified that after the meeting, Ude's behavior continued. She stated that Ude continued to call her office at least twice a week during part of the next semester. White testified that between July and September, prompted by complaints from Claude, he continued to have conversations with Ude. According to White, Ude would either deny the allegations or claim that the university was being *1216 unfair and conspiring to keep bright African American students away from each other.

¶ 8. According to Claude, on September 21, 2004, Ude, after having called Claude's office several times that morning, came to the office where she was studying with another student. Claude testified that Ude became very upset and told the student something to the effect that he should not talk to another man's girl and then "shoved" or "moved" a chair in anger. Claude stated that she was upset and very uncomfortable; so she went across the hall to Dr. Thomas Cathcart's office to call the police, but Ude followed her into the office. Dr. Cathcart testified that Claude was anxious and upset. He stated that he requested that Ude leave, but he refused. According to Dr. Cathcart, it was not until the call was made to campus police that Ude left.

¶ 9. Claude testified that Ude's harassing behavior was very taxing, affecting her both emotionally and academically. She stated that she became unable to leave her office after a certain time of day, and she was afraid to go home because she lived alone and was apprehensive that Ude may have been near her house. Claude's fears were based on Ude's violent behavior. Claude testified that she sought counseling as a result of Ude's behavior to deal with the stress that the events were having on her daily activities.

¶ 10.

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Related

Ude v. State
93 So. 3d 891 (Court of Appeals of Mississippi, 2012)
Brown v. State
37 So. 3d 1205 (Court of Appeals of Mississippi, 2009)
Drummond v. State
33 So. 3d 507 (Court of Appeals of Mississippi, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
992 So. 2d 1213, 2008 WL 2582481, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ude-v-state-missctapp-2008.