Weill Routh Complete File

8/18/2019 Weill Routh Complete File

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IN

THE

SUPREME

COURT OF

MISSISSIPPI

FILED

APR

13

2 16

OFFICE

Of THE: C.L~ni,

SUPAEM~ COURT

COURT

OF

APPEALS

IN THE MATTER OF CHRISTOPHER

SCOTT

ROUTH,

PETITIONER

No.JDt~ m

. {3 ;

EMERGENCY PETITION FOR WRIT OF HABEAS CORPUS OR,

IN

THE

ALTERNATIVE, BAIL

FROM CONSTRUCTIVE

CONTEMPT FINDING

AND DENIAL OF STAY OR BOND BY CIRCUIT JUDGE JEFF

WEILL

COMES NOW, Merrida Coxwell, attorney for Christopher Scott Routh ( Chris Routh

or Mr. Routh ), a licensed Mississippi attorney in good standing and employed by the Hinds

County Public Defender's Office, and for cause would show the following:

ORIGIN

1.

On April

13,

2016, attorneys Eric Brown and Chris Routh were appearing in

Court for arraignment and a bond hearing for a client charged with criminal offense. The Client

had originally been released on bail by the County Court. At the time

of

the client's

arraignment, Judge Weill took argument from the State on whether to continue the bail, raise the

bail, or grant no bail. Attorney Routh had spoken for accused and afterwards the State requested

a revocation

of

the bail.

2. Judge Weill granted the State's request to revoke the bail

of

the accused and

attorney Routh asked Judge Weill to consider the findings on the record under Huff

v Edwards

241

So. 2d 654 (Miss. 1970). The accused was in court with a three (3) month old baby and both

she and the baby began crying. There was no one available to take custody

of

the baby who was

breast fed. Attorney Routh, as an advocate, requested a finding on why bail for the accused was

being denied and Judge Weill immediately said he wanted order in court. He took a ten (10)

minute break and held Mr. Routh in direct criminal contempt and ordered him incarcerated until

five (5) o'clock today. Attached as Exhibit A is an Affidavit from attorney Michael Eric

1

16 .. ,

u;.

Brown detailing the hearing today. MQ11 Nff

3. According to MC.A. Section 11-51-11, (Miss. 1972), Mr. Routh is entitled to a

bond in an amount no greater than Two Thousand Dollars and No Cents ($2,000.00), which will


31/39

act as supersedeas while he appeals his conviction for criminal contempt to this Court. After

Judge Weill found Mr. Routh in direct criminal contempt, Assistant Public Defender Eric Brown,

who

had been present the entire time, requested a stay

which was

immediately denied

by

Judge

Will. Judge Weill further ordered Mr.

Brown

to sit

down

and

not

say another word. Mr. Brown,

in fear of being put in jail himself, sat

down

while Mr. Routh

was

taken in custody

by

the Hinds

County Sheriffs

Department.

The

oral order

of

Judge Weill sentenced Mr.

Routh

to the jail until

five

o'clock

(5:00) this afternoon.

4. Attorney Merrida Coxwell immediately emailed

Judge

Weill asking

if

there was a

misunderstanding and requested that he set bail in accordance with M.C.A. Section 11-51-11

(Miss. 1972). A copy of thee

mail to Judge Weill

with

a copy to Ivon Johnson, Assistant District

Attorney is attached as Exhibit B.

5.

Due

to the short

time

period counsel for Mr.

Routh

is not able to track down

Judge Weill.

WHEREFORE, PREMISES CONSIDERED the Petitioner requests this Court to set an

immediate bail pursuant to

Mississippi Code Annotated

Section 11-51-11,

or

in the alternative,

release

him

on his own recognizance.

.

11

RESPECTFULLY

SUBMITTED,

THIS the i2_ day of April, 2016.

CHRISTOPHER SCOTT

ROUTH,

PETITIONER

BY:

2


32/39

CERTIFICATE OF SERVICE

I, Merrida Coxwell, counsel

of

record for the Petitioner, Chris Routh, do hereby certify

that I have this day caused the above and foregoing

Emergency Petition for Writ

of

Habeas

Corpus or in the Alternative Bail From Constructive Contempt Finding and Denial

of

Stay

or

ond

by Circuit Judge

Jeff

Weill

to be served, via electronic mail, upon the following

persons of interest:

Honorable

Jeff

Weill, Sr.

[email protected]. us

Ivon Johnson, Esquire

[email protected]

THIS, the

13th

day of April, 2016.

OF COUNSEL:

MERRIDA (BUDDY) COXWELL (MB# 7782)

COXWELL & AS SOCIA TES, PLLC

Post Office Box 1337

Jackson, Mississippi 39215-1337

Telephone: (601) 948-1600

Facsimile: (601) 948-1600

merridac@,coxwelllaw.com

Attorney

for

Plaintiff

3


33/39

FFID VIT OF MICH EL ERIC BROWN

PERSONALLY CAME AND APPEARED BEFORE ME, the undersigned authority, the

within named Michael Eric Brown, who after being duly sworn states on his oath that the matters and

facts set forth herein are true and correct to the best

of

his memory and ability:

1.

My name is Michael Eric Brown.

2. My address is located in Hinds County, Mississippi.

3. I am an adult resident

of

Hinds County, Mississippi.

4.

I am over the age of

18

and am competent to provide a sworn, attested affidavit.

5.

My date of birth is December 12, 1979.

6. I am a licensed attorney and a member

of

the Mississippi Bar Association.

7. I am currently employed as an attorney with the Office of the Hinds County Public

Defender.

8.

My work telephone number is (601) 948-2683.

9. I, Michael Eric Brown, would like to give a statement regarding the arraignment

proceeding held in the Hinds County Circuit Court on April 13, 2016. At the arraignment of Loran

Danielle Shell-Blackwell, Cause No. 16-0-146, I was present along with my co-counsel, Christopher

Routh, Mississippi Bar Number 104579. Our office was appointed to represent Ms. Shell-Blackwell

on September 8, 2015 by the Honorable Judge Clayton in Jackson Municipal Court. Mr. Routh, along

with other attorneys with the Hinds County Public Defender's Office, again represented Ms. Shell-

Blackwell

at

her preliminary hearing held on September 16, 2016 before Judge Priester in Hinds

County Court. In accordance with the

En Banc Order In re: Office

of

the Hinds County Public

Defender

No. 2015-M-0039, our office continued representing Ms. Shell-Blackwell.

EXHIBIT

Page 1 of 4


34/39

9. At the arraignment hearing on April 13, 2016, the Honorable Judge Jeff Weill, Sr. asked

Ms. Shell-Blackwell on two (2) separate occasions whether she could hire an attorney or whether she

had an attorney. She replied no and represented she has not hired an attorney.

10.

Counsel for both the State and Defendant were given the opportunity to present

argument on the issue

of

bail. Ms. Shell-Blackwell was on bond at the time

of

the hearing. After the

State argued bond be denied for Ms. Shell-Blackwell, Mr. Routh countered the State's argument citing

legal precedent, and rebuttal was allowed by the State and Mr. Routh.

11.

Before Judge Weill ordered no bond , Ms. Shell-Blackwell, who was holding an infant

born December 30, 2015, began crying uncontrollably while screaming and continued this during the

process of being cuffed and taken into custody by the Hinds County

Sheriffs

Department. Judge Weill

then said

he

would appoint someone to represent Ms. Shell-Blackwell, even though Christopher

Routh was in court, representing Ms. Shell-Blackwell. After Judge Weill had ordered no bond and

during the process of Ms. Shell-Blackwell crying and screaming, Judge Weill stated he had ruled on

the matter and told Mr. Routh to be seated. Mr. Routh stated that Ms. Shell-Blackwell had a

constitutional right to bond and at least a hearing to determine the credibility

of

the evidence against

her

if

no bond was to be ordered.

12.

Judge Weill found Mr. Routh in direct criminal contempt and took - for reasons unclear

- a 10-minute break to counsel with his law clerk. After returning from his break, Judge Weill

stressed the importance of keeping order in his courtroom and then sentenced Mr. Routh to the

custody of the Hinds County

Sheriffs

Department until 5:00 p.m. At no time did Judge Weill order

anything to anyone else regarding keeping order in his courtroom.

13. I asked Judge Weill for a stay and he denied it and told me not to say another word. I

was afraid

if

I asked for anything else or said another word Judge Weill would also hold me in

contempt so I said nothing else. At all times in the proceedings we were acting professional and not

Page 2 of 4


35/39

being disrespectful to the court. Both Mr. Routh and I are assigned to Judge Weill's Court by the Hinds

County Public Defender. I do not believe Mr. Routh did anything to be held in direct criminal

contempt and as an attorney I would myself state that an appeal should be taken

I gave this affidavit independently and voluntarily with a full understanding

of

my rights. No

person has threatened me to say this. To the best

of

my knowledge, this affidavit is true and accurate.

It has been given in my own words, with nobody advising me of what to say. I have made no changes

to this document and have been allowed to do so after I read it and before I signed this document.

MICHAEL ERIC BROWN (MSB No. 103046)

Page 3 of 4


36/39

ST ATE OF MISSISSIPPI

COUNTY OF HINDS

PERSONALLY APPEARED BEFORE ME, the undersigned authority of law in and for the

State and County aforesaid, the within named MICHAEL ERIC BROWN who, after having been by

me first duly sworn, stated on her oath that the matters, facts, and allegations contained and set forth in

this statement are true and correct.

SWORN TO AND SUBSCRIBED BEFORE ME, THIS the

13th

day

of

April, 2016.

Page 4 of 4


37/39

Merrida Coxwell

From:

Sent:

To

Cc

Subject:

SentFromSession:

Dear Judge Weill.

Merrida Coxwell

Wednesday, April

13

2016 1:13 PM

'[email protected]'

'[email protected]'

Routh, Chris

MERIDA-W7-PC.merridac.4/12/2016 5:21:23 PM

I

am

representing

attorney

Christopher Scott Routh in

an

appeal from your order holding him in contempt. According to

Miss. Code Annotated

Section 11-51-11,

Mr.

Routh is entitled to appeal with a bond no greater than 2,000.00. I was

obviously not present and may have been mistaken in the understanding that you denied a stay and would not permit

the other attorney to speak any more to request an appeal bond. I

am

by this email requesting notification from you of

the

amount of

bail set by order in an amount no greater than 2,000.00

so

Mr. Routh may secure his release and appeal

as all

other

litigants. Thank you for your attention

to

this matter Merrida Coxwell

Coxwell 'ssociatesr11 (

·~

errida Buddy Coxwell I Attorney At Law

Coxwell and Associates,

PLLC

[email protected]

0: 601-948-1600 F: 601-948-7097

500 North State St Jackson MS 39201

Mailing Address: P.O. Box 1337 Jackson, MS 39215-1337

http://www.coxwelllaw.com

EXHIBIT

I

rS


38/39

Merrida Coxwell

From:

Merrida Coxwell

Sent:

To:

Wednesday, April

13

2016 1:15 PM

'[email protected]'

Subject:

FW: Routh, Chris

SentFromSession:

MERIDA-W7-PC.merridac.4/12/2016 5:21:23

PM

From: Merrida Coxwell

Sent: Wednesday, April 13, 2016 1:13

PM

To:

'[email protected]'

Cc '[email protected]'

Subject: Routh, Chris

Dear Judge Weill.

I

am

representing

attorney

Christopher Scott Routh in

an

appeal from your order holding him in contempt. According to

Miss.

Code

Annotated Section 11-51-11, Mr. Routh

is entitled

to appeal with a bond no greater than 2,000.00. I was

obviously not present and may have been mistaken in the understanding

that

you denied a stay and would not permit

the other

attorney

to speak any more to request an appeal bond. I am by this email requesting notification

from

you of

the amount

of

bail set by order

in an

amount no greater than 2,000.00 so Mr. Routh may secure his release and appeal

as

all other litigants. Thank you

for

your

attention to

this

matter

Merrida Coxwell

jf:_ Coxwel\i'.ssociatesr11

(

ｾ

Merrida Buddy Coxwell / Attorney At Law

Coxwell and Associates, PLLC

[email protected]

0: 601-948-1600 F: 601-948-7097

500 North State St Jackson MS 39201

Mailing Address: P.O. Box 1337 Jackson, MS 39215-1337

http://www.coxwelllaw.com

1


39/39

FILED

APR

13

2 16

Serial: 205314

OFFICE OF THE CLERK

IN THE SUPREME COURT OF MISSISSIPPI

SUPREME COURT

COURT OF APPEALS

No. 2016-M-00535

IN

RE:

IN

THE

MATTER

OF

CHRISTOPHER SCOTT ROUTH

ORDER

Petitioner

This matter is before the panel of Randolph, P .J. Kitchens and King, JJ

.,

on the

Emergency Petition for Writ

of

Habeas Corpus Or, in the Alternative, Bail From

Constructive Contempt Finding and Denial ofStay or

Bond by

Circuit Court Judge J effWeill

filed by Christopher Scott Routh. The Clerk of this Court has attempted to contact Judge

Weill but has been unsuccessful. The panel finds that the petition should

be

deemed in part

to be a notice

of

appeal from the finding of contempt. Routh argues that he is entitled to post

bond

pursuant to Miss.

Code

Ann. § 11-51-11. After due consideration, the panel finds that

the petition should be granted in part. The panel finds that Routh shall be immediately

released from custody upon posting bond in the amount

of

five hundred dollars ($500) which

will act as supersedeas while he appeals his convict ion for criminal contempt to this Court.

IT IS

THEREFORE ORDERED

that the Emergency Petition for Writ

of

Habeas

Corpus Or, in the Alternative, Bail

From

Constructive Contempt Finding

and

Denial of Stay

or Bond by Circuit Court Judge JeffWeill filed by Chr-u· totmeir&;o

SO ORDERED, this the / 3 d a y

of

A ril, 2016.

Documents

Weill Routh Complete File