Miss. court withdraws Decker decision

By The Associated Press

JACKSON — The Mississippi Supreme Court has withdrawn a June 16 decision in which it overturned the conviction of Vanessa Decker, who was given a four-year suspended sentence in 2008 on a charge of exploiting her own mother. Â

The court on Thursday in an order signed by Presiding Justice Jess Dickinson gave no reason for the action. Dickinson said a new decision would be issued “in due course.”

Decker’s attorney, Jim Waide of Tupelo, said Friday that he had no idea why the decision was withdrawn.

“The attorney general filed no motion for rehearing so he did not question the legal correctness of the original opinion,” Waide said.

Decker was convicted in Clay County of felony exploitation of a vulnerable adult for taking $4,120 from her mother’s bank account between November 2005 and April 2007. She said she had permission.

The Supreme Court had cited a faulty jury instruction in overturning the conviction.

Decker had argued the law under which she was convicted was vague. The Supreme Court did not discuss that issue.

The state Court of Appeals upheld Decker’s conviction last year.

The Appeals Court says Decker used her mother’s money for the advantage of someone other than her mother. The court said it was not disputed that Decker’s mother was a vulnerable adult.

Under the law, the Appeals Court said Decker’s actions constituted exploitation.

Decker also sentenced to four years’ probation.

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