Professional Documents
Culture Documents
To the Honorable Judge of the Circuit Court of the First Judicial District of Hinds
through the Office of the Hinds County Public Defender, and in this petition against the Sheriff
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
3. The charges against Mr. Phillips are in Clinton Police Department [CLPD] case numbers
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.
Case: 25CI1:19-cv-00353-WLK Document #: 1 Filed: 05/31/2019 Page 2 of 4
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
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
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
10. Mr. Phillips has been held more than twenty-eight (28) days and more than fourteen ( 14)
11. Under MRCRP 6 (c)( 1), "[i]f a preliminary hearing has not been commenced within
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
14. Further, the Court was on notice as of May 17, 2019 and again on May 20 and yet again
15. Mr. Phillips remains incarcerated at the Hinds County Detention Center due to his
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
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.
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.