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Case: 25CI1:19-cv-00353-WLK Document #: 1 Filed: 05/31/2019 Page 1 of 4

IN THE CIRCUIT COURT OF HINDS COUNTY, MISSISSIPPI


FIRST JUDICIAL DISTRICT

QUANNEIC QUEHEM-QUSHA WN PHILLIPS PETITIONER

vs. NO. J9-Jo3


STATE OF MISSISSIPPI RESPONDENT

PETITION FOR WRIT OF HABEAS CORPUS

To the Honorable Judge of the Circuit Court of the First Judicial District of Hinds

County, State ofMississippi:

COMES NOW, Petitioner, QUANNEIC QUEHEM-QUSHA WN PHILLIPS, by and

through the Office of the Hinds County Public Defender, and in this petition against the Sheriff

of Hinds County, Mississippi, respectfully shows the following:

1. That the Defendant is being held without indictment by the State of Mississippi in

violation of his federal and state constitutional rights to due process among other things.

2. Mr. Phillips was arrested on fourteen counts of Auto Burglary and one count of

Trafficking in Stolen Firearms on or about May 3, 2019 by the Clinton Police

Department, and has been continually incarcerated since that date.

3. The charges against Mr. Phillips are in Clinton Police Department [CLPD] case numbers

19-3217; 19-9292; 19-2897; 19-7248; 19-2985; 19-2986;19-2987; 19-3209; 19-3021; 19-

3208: 19-3222; 19-3213:19-8776: 19-8701.

4. An initial appearance for Mr. Phillips was held on May 3, 2019 during which the Clinton

Municipal Court appointed the Hinds County Public Defender to represent Mr. Phillips.
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5. The Clinton Municipal Court also scheduled a preliminary hearing for Mr. Phillips on

May 15, 2019, essentially issuing a demand for a preliminary hearing under MISSISSIPPI

RULE OF CRIMINAL PROCEDUR£'6.

6. The Clinton Municipal Court failed to not only provide timely notice to the Public

Defender of appointment to Mr. Phillips; the Court also failed to provide Notice of the

scheduled hearing until late afternoon May 13, 2019, more than ten (1 0) days after

appointment to Mr. Phillips.

7. No notice was given to the assistant public defender assigned to the case and the Court

ordered a postponement until May 22, 2019, despite electronic communication as of May

17 and again on May 20, 2019 that assigned counsel would be unavailable.

8. The Public Defender sent via electronic mail on May 20, 2019 a message to the Clinton

Court asking that Mr. Phillips be set free due to failure to hold a preliminary hearing

within fourteen (14) days of demand issued by the Court on May 3, 2019. Proposed

Orders to either grant or deny release of Mr. Phillips were attached.

9. The Court failed to respond to electronic messages or the proposed Orders.

10. Mr. Phillips has been held more than twenty-eight (28) days and more than fourteen ( 14)

days past the deadline to provide a preliminary hearing.

11. Under MRCRP 6 (c)( 1), "[i]f a preliminary hearing has not been commenced within

fourteen (14) days as required by subsection (a), unless postponed as provided in

subsection (d), the defendant shall be released on recognizance." [emphasis added].

12. Regarding postponement, MRCRP 6 (c) (d) "[ u]pon motion of any party, or upon the

judge's own initiative, the preliminary hearing may be postponed beyond the time limits

specified in subsection (a). upon a finding that circumstances exist that justify delay and.
Case: 25CI1:19-cv-00353-WLK Document #: 1 Filed: 05/31/2019 Page 3 of 4

in that event, the court shall enter a written order detailing the reasons for the finding,

include a date certain for the postponed hearing, and shall give the parties prompt notice

thereof."

13. The Court failed to issue an Order of Postponement until May 23, 2019, well beyond the

fourteen days after demand was made.

14. Further, the Court was on notice as of May 17, 2019 and again on May 20 and yet again

May 28, 2019 that assigned counsel could not be present.

15. Mr. Phillips remains incarcerated at the Hinds County Detention Center due to his

inability to meet $320,000 cash bail set by the Court.

16. That such detention is an illegal deprivation ofMr. Phillips's liberty without valid

authority oflaw in violation of both the MISSISSIPPI RULES OF CRIMINAL PROCEDURE and

state and federal constitutions.

WHEREFORE, PREMISES CONSIDERED, your Petitioner moves that a writ of

habeas corpus directed to said Hinds County Sheriff, returnable before your Honor at such time

and place as you may deem proper to produce the body of Quanneic Quehem-Qushawn Phillips,

and show cause why Quanneic Quehem-Qushawn Phillips should not be discharged and set at

liberty.

SO MOVED on this the 3/

Hinds County Public Defender


499 S. President Street
Jackson, Mississippi 39201
Tel: (601) 948-2683
Fac: (601) 948-2687
Case: 25CI1:19-cv-00353-WLK Document #: 1 Filed: 05/31/2019 Page 4 of 4

CERTIFICATE OF SERVICE

I, Virginia L. Watkins, do hereby certify that I have this day hand delivered a true and
correct copy of the foregoing Petition For Writ (dHaheas Corpus to the usual and customary
place ofbusiness of the Hinds County District Attorney, Honorable RobertS. Smith, namely, the
fifth floor of the Circuit Courthouse located in Jackson, Mississippi; and the Hinds County
SheriffVictor Mason at the Hinds County Sheriffs Office.

"'V
SO CERTIFIED on this the ,lLday of /Jj~ ,2019.