County liable for jailing woman 96 days without seeing judge
Source: Associated Press
Jeff Amy, Associated Press
Updated 11:53 pm CST, Thursday, November 29, 2018
FILE - This undated photo released by the Oktibbeha County Sheriff's Office, shows Jessica Jauch. A federal judge in northern Mississippi ruled on Tuesday, Nov. 27, 2018, that Choctaw County and Sheriff Cloyd Halford liable for jailing Jauch for 96 days without seeing a judge in 2012. The judge is setting a trial in 2019 to determine damages, but the county and Halford are appealing to the U.S. Supreme Court, seeking to get the case thrown out. Jauch was cleared of a drug charge after a police video showed she had committed no crime. (Oktibbeha County Sheriff's Office via AP, File) Photo: AP / Oktibbeha County Sheriff's Office
Photo: AP
JACKSON, Miss. (AP) There are two remaining questions left for a Mississippi woman who sued over being jailed 96 days without seeing a judge: Will the U.S. Supreme Court get involved, and if not, how much will she get paid?
U.S. District Judge Sharion Aycock on Tuesday ruled that Choctaw County and Sheriff Cloyd Halford are liable for violating Jessica Jauch's constitutional rights. She set a March jury trial to determine damages. However, the county and Halford are asking the U.S. Supreme Court to take up the case. If the high court refuses to hear the appeal, as happens in most cases, the county will be out of legal options.
Jauch, now 36, was arrested on traffic charges in 2012 and held after being served with a drug indictment. While in jail, she says she was forced to temporarily sign over her daughter's custody rights to her mother. After finally seeing a judge, she was appointed a public defender and quickly made bail. She was eventually cleared of the drug charge after undercover video didn't show her committing a crime.
In Choctaw County, like many rural Mississippi counties, circuit court only meets twice a year, and the next meeting was months away. The sheriff said he didn't have to take Jauch before a judge until court met because she'd already been indicted on a felony drug charge, thus establishing probable cause for her detention.
Read more: https://www.chron.com/news/crime/article/Judge-rules-Mississippi-county-is-liable-for-13431203.php
Racerdog1
(808 posts)Living in the dark ages. Cindy-Hyde Smith ring a bell.
dembotoz
(16,799 posts)Mississippi u done screwed it up good
getagrip_already
(14,708 posts)The defendants merely need to wait until they can get before a judge.
Due process is just one of those slippery liberal terms anyway. This is justice folks, if you can't the results, don't be unlucky enough to have some poorly trained cop with an attitude decide you need some justice.
Mississippi. Should say it all.
Stuart G
(38,414 posts)Speedy Trial Clause - Wikipedia
https://en.wikipedia.org/wiki/Speedy_Trial_Clause
6th Amendment to the Constitution of the United States:
____________________________________________________________________________
The Speedy Trial Clause of the Sixth Amendment to the United States Constitution provides that "n all criminal prosecutions, the accused shall enjoy the right to a speedy trial" The Clause protects the defendant from delay between the presentation of the indictment or similar charging instrument and the beginning of ...
Zing Zing Zingbah
(6,496 posts)Maybe they need to bother the damn judge to work when they are needed.
Apollyonus
(812 posts)SMH
lindysalsagal
(20,666 posts)No one could help her, on a drug charge?