State and Federal Appeals
We all have a right to a trial by jury and to face our accuser. Unfortunately, there is no law that bans people from making errors. Mistakes happen and judges and juries are not immune. If you feel justice was not served in your case, you could benefit from discussing your options with an experienced state and federal appeals lawyer.
The Law Office of Jim Davis has extensive experience and a proven record of success on the appellate level. Jim Davis has filed numerous appeals to the Mississippi State Supreme Court, Fifth Circuit Court of Appeals and United States Supreme Court. Jim Davis has had numerous oral arguments in the Mississippi Supreme Court and Mississippi Court of Appeals. He has numerous reported opinions, some are as follows:Criminal Cases:
- Huntley v. State, 524 So.2d 572 (Miss. 1988). An important decision on habitual offenders in the State of Mississippi.
- Jackson v. State, 588 So.2d 842 (Miss. 1991). I personally do not believe that the State of Mississippi ever knew this guy’s real name. I do not believe it was Michael Jackson or John Adams. I believe he got the name Michael Jackson from the singer and I believe he got the name John Adams because he must have attended American history classes when he was in school.
- United States v. Woolard, 981 F.2d 756 (5th 1993); per curiam aff., 990 F.2d 819 (5th Circuit. 1993). Where the Fifth Circuit Court of Appeals agreed with Mr. Davis’s client that the federal death penalty steam was unconstitutional.
- Dedeaux v. State, 630 So.2d 30 (Miss. 1993). Mr. Davis got a murder conviction reversed and the case was remanded to the trial court level to sentence the defendant on manslaughter.
- Robinson v. State, 613 So.2d 1186 (Miss. 1993). Defendant was shot in the back by a law enforcement officer and somehow a jury still found the defendant guilty of simple assault.
- Graves v. State, 627 So.2d 360 (Miss. 1993).
- Marshall and Patton v. State, 662 So.2d 566 (Miss. 1995). The Mississippi Supreme Court found that the Court of Appeals was a constitutionally enacted court.
- Medena v. State, 688 So.2d 727 (Miss 1996). The Supreme Court upheld the lower court’s ruling that the then drug trafficking statute was unconstitutional.
- Marshall v. State, 687 So.2d 758 (Miss. COA 1996). An important decision dealing with sodomy and its then potential illegality with homosexual activity.
- Clark v. State, 693 So.2d 927 (Miss. 1997). This was an important decision on how to lay the proper foundation to have a 911 tape introduced into evidence.
- West v. State, 725 S0.2d (Miss. 1998). Where Mr. Davis got a death penalty set aside and on re-try. The Defendant received a life sentence.
- Randall v. State. 716 So.2d 584 (Miss. 1998). The jury found the defendant guilty of capital murder but at the sentencing trial refused to give him a death penalty, which the State argued for.
- Avera v. State, 761 So.2d 900 (Miss. COA 2000). This is Avera’s second appeal where we were able to get his first conviction reversed because the State offered an illegal jury instruction concerning the burden of proof in an insanity case.
- Blakley v. State, 791 So.2d 326 (Miss. COA 2001). Good 6th Amendment speedy trial analysis and how the Supreme Court will apply Barker v. Wingo, 407 U.S. 514, 530, 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972), to a 6th Amendment appeal.
- Bigner v. State, 822 S0.2d 342 (Miss. App. 2002). Where Mr. Davis got a sexual battery conviction reversed because the defendant’s trial counsel was ineffective.
- Thornton v. State, 841 So.2d 170 (Miss. COA 2003). Defendant killed his brother and was charged with murder. Mr. Davis was able to convince the jury to find him guilty of manslaughter.
- Thomas v. State, 856 So.2d 751 (Miss. COA 2005). Double jeopardy argument in relation to revocation of bond hearings and subsequent trials.
- McLaurin v. State, 882 So.2d 268 (Miss. COA 2004). How to properly authenticate previous DUI convictions at a trial and also the Court’s opinion of an extrapolation jury instruction on a DUI case
- S. v. Stalnaker, 571 F.3d 428 (5th Cir. 2009).
- United States v. Cole (S.D. Miss., 2010).
- Pitts v. State, 66 So.3d 174 (Miss. COA 2011). The Court ignored a clear illegal confession to affirm the defendant’s conviction.
- Thorson v. Epps, 701 F.3d 444 (5th Cir., 2012).
- United States v. Holifield (S.D. Miss., 2012).
- United States v. Whitmore (S.D. Miss., 2012).
- Wright ex rel. Wright v. United States, 914 F.Supp.2d 837 (S.D. Miss. 2012).
- Gholar v. A O Safety, 39 F.Supp.3d 856 (S.D. Miss., 2014).
- Cruse v. State, 270 So.3d 179 (Miss. App. 2018).
- Schepens v. Schepens, 592 So.2d 108 (Miss. 1991). An important decision over when chancery judges should grant continuances.
- Allied Steel Corp. v. Cooper, 607 S0.2d 113 (Miss. 1992). An important decision on discussing implied liability and partnerships. Also, how a landowner cannot hide behind a general contractor if the landowner gets actively involved in a construction development.
We have pursued appeals in both state and federal appellate courts. We are prepared to take your case the distance, as attorney Jim Davis is qualified to appear before the United States Supreme Court.
Throughout the appeals process, you can rely on our experienced attorneys to pursue your rights. To arrange a case evaluation, call us at (228) 864-1588 or toll free at (877) 576-7279.What You Can Expect From the Appeals Process
Depending on the specifics of your case, an appeal could take several years. Regardless of how long the process takes, you can rely on our experienced attorneys to handle everything, including procuring the transcript and filing briefs, while keeping you fully informed of the developments in your case. You have been through enough; you can count on us to take the stress out of your appeal.Appeals are Not Easy
If securing favorable results through the appellate process was easy, everyone would do it. It takes a seasoned lawyer to identify the needs of a client and develop a successful appeals strategy. Jim Davis has argued appeals cases in front of the Mississippi Court of Appeals, Mississippi Supreme Court and the Fifth Circuit Court of Appeals.Contact a Gulf Coast Criminal Appeals Attorney
To discuss your appeal or expungement options with a dedicated lawyer, contact us today for a case evaluation.