By The Associated Press
STARKVILLE – Bart Ude must get a jury trial on 2005 charges he used the telephone to stalk, the Mississippi Court of Appeals said Tuesday.
Ude was found guilty in April 2005 in Oktibbeha County Justice Court.
He appealed to circuit court and asked for a jury trial but was denied, then convicted during a trial just with Circuit Judge James T. Kitchens Jr. presiding.
On appeal, the Mississippi Supreme Court assigned the case to the Court of Appeals.
The appeals court reversed Kitchens’ decision and sent it back for a jury trial.
Kitchens dismissed the case and ordered the justice court to enforce the judgment it handed down – a suspended six-month sentence, pending two years of good behavior, and a $500 fine.
Ude appealed, and Tuesday the COA reversed Kitchens’ decision and ordered the case back for trial.
Once Ude appealed the justice court judgment to the circuit court, he was entitled to a jury trial there, the court of appeals said.
However, the court discounted two other issues Ude put before it on his own behalf.