Legal Question in Constitutional Law in Mississippi

subject matter jurisdiction

When a judge violates the law, conspiracy after the fact to aid and abet a criminal enterprise does that judge lose subject matter jurisdiction? What laws and or cases can I site? The defendant admitted under oath that they committed the crime but the judge ruled that they did no wrong. These are felony cases. Only in Mississippi thank you


Asked on 9/29/06, 9:47 am

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: subject matter jurisdiction

What you really seem to be asking is whether a defendant can escape the court's authority simply by accusing it of breaking the law. The answer is no -- even in those rare cases where the court actually did conspire against the defendant.

You were a bit vague about what happened in your trial, but you need to understand that judges and jurors do not have to believe everything witnesses say. Even a witness who accepts the blame for a crime may be doing so to protect a friend or because he fears retaliation if he testifies truthfully.

It is also common for someone who does not know the law or who misunderstood the facts to believe he committed a crime when he actually did not. This may be what happened in your case. It would be unjust to punish an innocent person simply because he mistakenly believes he is guilty -- or to release someone else who actually is guilty because of this error.

Additionally, it is often possible for two different people to be guilty of the same offense. When one of these people accepts responsibility it is not mean that the other is innocent.

There are legal challenges you can bring if the judge abused his authority, but you will need to persuade another court to this is what happened. You can't just negate the court proceeding by deciding on your own that the judge was working against you.

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Answered on 9/29/06, 1:06 pm


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