Editorܬs Note: This is the second part of a two-part series about Appeals Court proceedings involving a capital murder case.
The Mississippi Court of Appeals conducted hearings Tuesday on campus for the first time in Mississippi State history. A three-judge panel heard two cases in a makeshift courtroom at the Hunter Henry Center. Additional seating was required after a larger than expected student and faculty turnout.
ܬThe court is pleased to have students and faculty for the hearing. It is a pleasure to have the opportunity to conduct our hearings here at MSU,ܬ Chief Judge Leslie D. King said.
Two cases were heard by Chief King, who was assisted by Judge David M. Ishee and Judge Donna M. Barnes.
In addition to a civil case out of Lee County, the court heard the appeal arguments for Devall Hudson vs. State.
Hudson, of Starkville, is currently serving a life sentence for the 2001 murder of 77-year-old Juanita Miller. In 2004, Hudson was given a full trial in which he was convicted of capital murder. Hudson was acquitted of the death penalty.
The appeals court heard arguments from both sides in the Hudson case. Representing Hudson was MSU professor and attorney Pearson Lidell. Lidell argued that costly errors had been made by the prosecution during Hudsonܬs 2004 trial. Lidell argued that a canine unit unqualified for human tracking had been used to search the crime scene. The canine unit followed a scent to Hudsonܬs motherܬs home, evidence that would later help to convict him.
Assistant Attorney General Jacob Ray argued that the canine unit had been trained for human tracking.
Lidell also argued that Hudson had been unjustly labeled as a gang member during the trial.
Lidell argued that the jury was prejudiced after hearing testimony regarding Hudson gang involvement, testimony Lidell says helped to convict Hudson.
ܬThe court admitted damageable and prejudiced evidence against Hudson,ܬ Lidell said.
Ray argued that the gang testimony was necessary because it established Hudsonܬs relationship with an accomplice who would later testify against him.
The appeals court is expected to make a decision on Devall Hudson vs. State in the near future. The appeals court has the power to affirm or reverse any lower courts ruling.
The panel heard arguments for about an hour before ending with a question and answer session from the audience.
One question went to Judge David M. Ishee, asking what he thought of television shows such as ܬThe Peopleܬs Courtܬ and ܬJudge Judy.ܬ
ܬLegal shows on television grossly misrepresent the legal system; they trivialize what we do by making it entertainment. That is one reason we hold our court in places like this, to give people a chance to see how the law really works,ܬ Ishee said.