E-Filed Document May 10 2016 11:30:53 2015-CA-01496 Pages: 9 IN THE MISSISSIPPI COURT OF APPEALS 2015-CA-01496 JOSHUA HOWARD Appellant-Defendant v. THE STATE OF MISSISSIPPI, Appellee-Plaintiff BRIEF OF APPELLANT JOSHUA HOWARD Cynthia A. Stewart Cynthia A. Stewart, PA 118 Homestead Drive, Suite C Madison, MS 39110 Telephone: (601( 856-0515 Facsimile: (601) 856-0514 cstewart@mississippitrial.com APPEAL FROM THE CIRCUIT COURT OF RANKIN COUNTY, MISSISSIPPI HONORABLE JOHN EMFINGER, CIRCUIT JUDGE ATTORNEY FOR APPELLANT JOSHUA HOWARD
CERTIFICATE OF INTERESTED PERSONS The undersigned counsel of record certifies that the following listed persons have an interest in the outcome of this case. These representations are made in order that the justices of this Court may evaluate possible disqualifications or recusal. Joshua Howard Appellant Cynthia A. Stewart Appellate attorney for Mr. Howard Jim Hood Attorney General The State of Mississippi Appellee Honorable John Emfinger Circuit Court Judge, Rankin County, Mississippi. SO CERTIFIED, this the 9 th day of May, 2016. s/ Cynthia A. Stewart Cynthia A. Stewart i
TABLE OF CONTENTS CERTIFICATE OF INTERESTED PARTIES TABLE OF CONTENTS TABLE OF CASES AND AUTHORITIES STATEMENT REGARDING ORAL ARGUMENT i ii iii iv STATEMENT OF THE ISSUES 1 STATEMENT OF THE CASE 2 SUMMARY OF THE ARGUMENT 2 ARGUMENT 2,3 1. Whether the trial court erred in denying the Expungement CONCLUSION 3 CERTIFICATE OF SERVICE 4 ii
TABLE OF CASES AND AUTHORITIES CASE PAGE In Ex Parte Crisler, 132 So.2d 103 (Miss. 1931) 2 In re: Charles Hooker, David Gatlin, Nathan Kern, 3 Anthony McCray, Kirby Tate, Katherine Robertson, Aaron Brown, Joshua Howard and Azikiwe Kambule, 87 So. 3d 401 (Miss. 2012) iii
STATEMENT REGARDING ORAL ARGUMENT Appellant requests oral argument. iv
STATEMENT OF THE ISSUES Whether the trial court erred in denying the Expungement 1
STATEMENT OF THE CASE The Plaintiff/Appellant in this action is Joshua Howard (hereinafter Howard ). The Defendant/Appellee is the State of Mississippi (hereinafter State ). Joshua Howard was arrested on the charge of Statutory Rape on or about March 1, 2007. Defendant pled guilty to the crime of Statutory Rape. Howard was sentenced to 20 years with 17 years suspended and 5 years supervised probation. The Judgment of Conviction is attached hereto. (R.E. 1) On January 10, 2012, Howard received a full, complete and unconditional Pardon on the charge of statutory rape. There is no Order of Discharge from probation due to Mr. Howard receiving his pardon before he had to report. Howard filed a Motion for Expungement with the Rankin County Circuit Court. Mr. Howard has completed all of the Court s requirements, as well as, granted a full, complete and unconditional pardon on the charge and conviction of Statutory Rape from the Governor s office, thereby absolving Mr. Howard from all legal consequences of that crime and conviction (a copy of the of the Pardon is attached) (R.E. 2) On or about October 3, 2015 a hearing on said Motion was held. The Court denied the Expungement. The Order is attached hereto. (R.E. 3) Mr. Howard timely appealed. Attached hereto is the Notice of Appeal. (R.E. 4) The court denying the Expungement was in error. SUMMARY OF THE ARGUMENT ARGUMENT In Ex Parte Crisler, 132 So.2d 103 (Miss. 1931), the Mississippi Supreme Court held that: The doctrine of authorities is, that a pardon reaches both the punishment prescribed for the offense, and the guilt of the offender, and that it releases the punishment and blots out of existence the guilt, so that, in the eye of the law, the offender is as innocent as if he had never committed the offense. 2
The essence of the holding in In re: Charles Hooker, David Gatlin, Nathan Kern, Anthony McCray, Kirby Tate, Katherine Robertson, Aaron Brown, Joshua Howard and Azikiwe Kambule, 87 So. 3d 401 (Miss. 2012) is that the judicial branch must honor and facilitate the pardon granted by the governor as required by the separation of powers doctrine set out in 124 of the Mississippi Constitution. This means releasing, committing and expunging according to the clemency. CONCLUSION Based upon the foregoing, Joshua Howard, respectfully requests that the Court reverse and remand the Order denying his Expungement. This the 10 th day of May, 2016. Respectfully submitted, /s Cynthia A. Stewart Cynthia A. Stewart (MSB #) OF COUNSEL: Cynthia A. Stewart Cynthia A. Stewart, PA 118 Homestead Drive, Suite C Madison, MS 39110 Telephone: (601( 856-0515 Facsimile: (601) 856-0514 cstewart@mississippitrial.com 3
CERTIFICATE OF SERVICE I, Cynthia A. Stewart, do hereby certify that I have this day caused to be filed a true and correct copy of the foregoing document using the Court s CM/ECF system, which sent a true and correct copy of the same to all counsel of record. Rankin County District Attorney P. O. Box 68 Brandon, MS 39043 Honorable John Emfinger Circuit Court Judge P. O. Box 1885 Brandon, Mississippi 39043 The Honorable Jim Hood Attorney General for the State of Mississippi P.O. Box 220 Jackson, Mississippi 39201 THIS, the 10 th day of May, 2016. /s Cynthia A. Stewart CYNTHIA A. STEWART 4