Appeals court affirms local circuit decisions

Court NewsBy Patsy R. Brumfield

Daily Journal

JACKSON – Two Northeast Mississippi circuit court decisions were affirmed Tuesday by the Mississippi Court of Appeals, including a probation revocation.

In the case of Alan Wayne Ross in Pontotoc County, the appeals court upheld Judge James L. Roberts Jr.’s decision to deny him review of revocation of probation for his 1997 conviction and 21-year sentence for sale of cocaine.

Ross appealed revocation, saying the court failed to ask why he didn’t pay his court costs and fees, and that his probation was revoked because of a charge against him without evidence that he committed it.

COA Judge Eugene Fair, writing for the 10-0 opinion, stated that while Ross claimed his probation was revoked unconstitutionally, the trial judge was correct to act because Ross failed to pay court costs and post-release supervision fees.

Fair writes that Ross did not claim to be indigent and indicated to Roberts that he was making enough on probation to pay the costs but did not.

In the case of Brenda Fair, she appealed dismissal of her unemployment-benefits case by Judge Jim Seth Pounds in Monroe County.

COA Judge Jimmy Maxwell, writing for the 10-0 opinion, said Fair waited too long to file her appeal in circuit court, which made the dismissal appropriate.

Fair and Ross may appeal to the Mississippi Supreme Court.

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