FILED

APR 13 2016
IN THE SUPREME COURT OF MISSISSIPPI
IN THE MATTER OF CHRISTOPHER
SCOTT ROUTH, PETITIONER

OFFICE Of THE:. C.L~ni,

SUPAEM~ COURT
COURT OF APPEALS

No.JDt~-m ..

{3-;

EMERGENCY PETITION FOR WRIT OF HABEAS CORPUS OR,

IN THE ALTERNATIVE, BAIL FROM CONSTRUCTIVE CONTEMPT FINDING
AND DENIAL OF STAY OR BOND BY CIRCUIT JUDGE JEFF WEILL
COMES NOW, Merrida Coxwell, attorney for Christopher Scott Routh ("Chris Routh"
or "Mr. Routh"), a licensed Mississippi attorney in good standing and employed by the Hinds
County Public Defender's Office, and for cause would show the following:
1.

ORIGINAL

On April 13, 2016, attorneys Eric Brown and Chris Routh were appearing in

Court for arraignment and a bond hearing for a client charged with criminal offense. The Client
had originally been released on bail by the County Court.

At the time of the client's

arraignment, Judge Weill took argument from the State on whether to continue the bail, raise the
bail, or grant no bail. Attorney Routh had spoken for accused and afterwards the State requested
a revocation of the bail.
2.

Judge Weill granted the State's request to revoke the bail of the accused and

attorney Routh asked Judge Weill to consider the findings on the record under Huff v. Edwards,
241 So. 2d 654 (Miss. 1970). The accused was in court with a three (3) month old baby and both
she and the baby began crying. There was no one available to take custody of the baby who was
breast fed. Attorney Routh, as an advocate, requested a finding on why bail for the accused was
being denied and Judge Weill immediately said he wanted order in court. He took a ten (10)
minute break and held Mr. Routh in direct criminal contempt and ordered him incarcerated until
five (5) o'clock today. Attached as Exhibit "A" is an Affidavit from attorney Michael Eric
Brown detailing the hearing today.
3.

MQ110Nff

2016

.. , u;.,1

According to MC.A., Section 11-51-11, (Miss. 1972), Mr. Routh is entitled to a

bond in an amount no greater than Two Thousand Dollars and No Cents ($2,000.00), which will

act as supersedeas while he appeals his conviction for criminal contempt to this Court. After
Judge Weill found Mr. Routh in direct criminal contempt, Assistant Public Defender Eric Brown,
who had been present the entire time, requested a stay which was immediately denied by Judge
Will. Judge Weill further ordered Mr. Brown to sit down and not say another word. Mr. Brown,
in fear of being put in jail himself, sat down while Mr. Routh was taken in custody by the Hinds
County Sheriffs Department. The oral order of Judge Weill sentenced Mr. Routh to the jail until
five o'clock (5:00) this afternoon.
4.

Attorney Merrida Coxwell immediately emailed Judge Weill asking if there was a

misunderstanding and requested that he set bail in accordance with M.C.A. Section 11-51-11
(Miss. 1972). A copy of thee mail to Judge Weill with a copy to Ivon Johnson, Assistant District
Attorney is attached as Exhibit "B."
5.

Due to the short time period counsel for Mr. Routh is not able to track down

Judge Weill.
WHEREFORE, PREMISES CONSIDERED the Petitioner requests this Court to set an
immediate bail pursuant to Mississippi Code Annotated, Section 11-51-11, or in the alternative,
release him on his own recognizance.

. '11

RESPECTFULLY SUBMITTED, THIS the

i2_ day of April, 2016.

CHRISTOPHER SCOTT ROUTH, PETITIONER

BY:

CERTIFICATE OF SERVICE
I, Merrida Coxwell, counsel of record for the Petitioner, Chris Routh, do hereby certify
that I have this day caused the above and foregoing Emergency Petition for Writ of Habeas

Corpus or, in the Alternative, Bail From Constructive Contempt Finding and Denial of Stay
or Bond by Circuit Judge Jeff Weill to be served, via electronic mail, upon the following
persons of interest:
Honorable Jeff Weill, Sr.
jweillsr@co.hinds.ms. us
Ivon Johnson, Esquire
ijohnson@co.hinds.ms.us

THIS, the 13th day of April, 2016.

OF COUNSEL:
MERRIDA (BUDDY) COXWELL (MB# 7782)
COXWELL & AS SOCIA TES, PLLC
Post Office Box 1337
Jackson, Mississippi 39215-1337
Telephone: (601) 948-1600
Facsimile: (601) 948-1600
merridac@,coxwelllaw.com
Attorney for Plaintiff

AFFIDAVIT OF MICHAEL ERIC BROWN

PERSONALLY CAME AND APPEARED BEFORE ME, the undersigned authority, the
within named Michael Eric Brown, who after being duly sworn states on his oath that the matters and
facts set forth herein are true and correct to the best of his memory and ability:
1.

My name is Michael Eric Brown.

2.

My address is located in Hinds County, Mississippi.

3.

I am an adult resident of Hinds County, Mississippi.

4.

I am over the age of 18 and am competent to provide a sworn, attested affidavit.

5.

My date of birth is December 12, 1979.

6.

I am a licensed attorney and a member of the Mississippi Bar Association.

7.

I am currently employed as an attorney with the Office of the Hinds County Public

Defender.
8.

My work telephone number is (601) 948-2683.

9.

I, Michael Eric Brown, would like to give a statement regarding the arraignment

proceeding held in the Hinds County Circuit Court on April 13, 2016. At the arraignment of Loran
Danielle Shell-Blackwell, Cause No. 16-0-146, I was present along with my co-counsel, Christopher
Routh, Mississippi Bar Number 104579. Our office was appointed to represent Ms. Shell-Blackwell
on September 8, 2015 by the Honorable Judge Clayton in Jackson Municipal Court. Mr. Routh, along
with other attorneys with the Hinds County Public Defender's Office, again represented Ms. ShellBlackwell at her preliminary hearing held on September 16, 2016 before Judge Priester in Hinds
County Court. In accordance with the En Banc Order In re: Office of the Hinds County Public
Defender, No. 2015-M-0039, our office continued representing Ms. Shell-Blackwell.

EXHIBIT
Page 1 of 4

9.

At the arraignment hearing on April 13, 2016, the Honorable Judge Jeff Weill, Sr. asked

Ms. Shell-Blackwell on two (2) separate occasions whether she could hire an attorney or whether she
had an attorney. She replied "no" and represented she has not hired an attorney.
10.

Counsel for both the State and Defendant were given the opportunity to present

argument on the issue of bail. Ms. Shell-Blackwell was on bond at the time of the hearing. After the
State argued bond be denied for Ms. Shell-Blackwell, Mr. Routh countered the State's argument citing
legal precedent, and rebuttal was allowed by the State and Mr. Routh.
11.

Before Judge Weill ordered "no bond", Ms. Shell-Blackwell, who was holding an infant

born December 30, 2015, began crying uncontrollably while screaming and continued this during the
process of being cuffed and taken into custody by the Hinds County Sheriffs Department. Judge Weill
then said he would "appoint someone to represent" Ms. Shell-Blackwell, even though Christopher
Routh was in court, representing Ms. Shell-Blackwell. After Judge Weill had ordered no bond and
during the process of Ms. Shell-Blackwell crying and screaming, Judge Weill stated he had ruled on
the matter and told Mr. Routh to "be seated." Mr. Routh stated that Ms. Shell-Blackwell had a
constitutional right to bond and at least a hearing to determine the credibility of the evidence against
her if "no bond" was to be ordered.
12.

Judge Weill found Mr. Routh in direct criminal contempt and took - for reasons unclear

- a "10-minute break" to counsel with his law clerk. After returning from his break, Judge Weill
stressed the importance of keeping "order" in his courtroom and then sentenced Mr. Routh to the
custody of the Hinds County Sheriffs Department until 5:00 p.m. At no time did Judge Weill order
anything to anyone else regarding keeping order in his courtroom.
13.

I asked Judge Weill for a stay and he denied it and told me not to say another word. I

was afraid if I asked for anything else or said another word Judge Weill would also hold me in
contempt so I said nothing else. At all times in the proceedings we were acting professional and not
Page 2 of 4

being disrespectful to the court. Both Mr. Routh and I are assigned to Judge Weill's Court by the Hinds
County Public Defender. I do not believe Mr. Routh did anything to be held in direct criminal
contempt and as an attorney I would myself state that an appeal should be taken
I gave this affidavit independently and voluntarily with a full understanding of my rights. No
person has threatened me to say this. To the best of my knowledge, this affidavit is true and accurate.
It has been given in my own words, with nobody advising me of what to say. I have made no changes

to this document and have been allowed to do so after I read it and before I signed this document.

MICHAEL ERIC BROWN (MSB No. 103046)

Page 3 of 4

STATE OF MISSISSIPPI
COUNTY OF HINDS
PERSONALLY APPEARED BEFORE ME, the undersigned authority of law in and for the
State and County aforesaid, the within named MICHAEL ERIC BROWN who, after having been by
me first duly sworn, stated on her oath that the matters, facts, and allegations contained and set forth in
this statement are true and correct.
SWORN TO AND SUBSCRIBED BEFORE ME, THIS the

Page 4 of 4

13th

day of April, 2016.

Merrida Coxwell

Subject:

Merrida Coxwell
Wednesday, April 13, 2016 1:13 PM
'jweillsr@aol.com'
'ijohnson@co.hinds.ms.u'
Routh, Chris

SentFromSession:

MERIDA-W7-PC.merridac.4/12/2016 5:21:23 PM

From:
Sent:

To:

Cc:

Dear Judge Weill.

I am representing attorney Christopher Scott Routh in an appeal from your order holding him in contempt. According to
Miss. Code Annotated, Section 11-51-11, Mr. Routh is entitled to appeal with a bond no greater than $2,000.00. I was
obviously not present and may have been mistaken in the understanding that you denied a stay and would not permit
the other attorney to speak any more to request an appeal bond. I am by this email requesting notification from you of
the amount of bail set by order in an amount no greater than $2,000.00 so Mr. Routh may secure his release and appeal
as all other litigants. Thank you for your attention to this matter, Merrida Coxwell

Coxwell&'ssociatesr11 (

Merrida "Buddy" Coxwell I Attorney At Law

Coxwell and Associates, PLLC

merridac@coxwelllaw.com

0: 601-948-1600 F: 601-948-7097
500 North State St Jackson MS 39201
Mailing Address: P.O. Box 1337 Jackson, MS 39215-1337
http://www.coxwelllaw.com

EXHIBIT

I rS

Merrida Coxwell
From:
Sent:
To:
Subject:

Merrida Coxwell
Wednesday, April 13, 2016 1:15 PM
'ijohnson@co.hinds.ms.us'
FW: Routh, Chris

SentFromSession:

MERIDA-W7-PC.merridac.4/12/2016 5:21:23 PM

From: Merrida Coxwell

Sent: Wednesday, April 13, 2016 1:13 PM
To: 'jweillsr@aol.com' <jweillsr@aol.com>

Cc: 'ijohnson@co.hinds.ms.u' <ijohnson@co.hinds.ms.u>

Subject: Routh, Chris

Dear Judge Weill.

I am representing attorney Christopher Scott Routh in an appeal from your order holding him in contempt. According to
Miss. Code Annotated, Section 11-51-11, Mr. Routh is entitled to appeal with a bond no greater than $2,000.00. I was
obviously not present and may have been mistaken in the understanding that you denied a stay and would not permit
the other attorney to speak any more to request an appeal bond. I am by this email requesting notification from you of
the amount of bail set by order in an amount no greater than $2,000.00 so Mr. Routh may secure his release and appeal
as all other litigants. Thank you for your attention to this matter, Merrida Coxwell

(jf:_ Coxwel\i'.ssociatesr11 (

Merrida "Buddy" Coxwell / Attorney At Law

Coxwell and Associates, PLLC
merridac@coxwelllaw.com
0: 601-948-1600 F: 601-948-7097
500 North State St Jackson MS 39201
Mailing Address: P.O. Box 1337 Jackson, MS 39215-1337
http://www.coxwelllaw.com

FILED
APR 13 2016

Serial: 205314

IN THE SUPREME COURT OF MISSISSIPPI

OFFICE OF THE CLERK

SUPREME COURT
COURT OF APPEALS

No. 2016-M-00535

IN RE: IN THE MATTER OF

CHRISTOPHER SCOTT ROUTH

Petitioner
ORDER

This matter is before the panel of Randolph, P .J ., Kitchens and King, JJ ., on the
Emergency Petition for Writ of Habeas Corpus Or, in the Alternative, Bail From
Constructive Contempt Finding and Denial of Stay or Bond by Circuit Court Judge J effWeill
filed by Christopher Scott Routh. The Clerk of this Court has attempted to contact Judge
Weill but has been unsuccessful. The panel finds that the petition should be deemed in part
to be a notice of appeal from the finding of contempt. Routh argues that he is entitled to post
bond pursuant to Miss. Code Ann. 11-51-11. After due consideration, the panel finds that
the petition should be granted in part. The panel finds that Routh shall be immediately
released from custody upon posting bond in the amount of five hundred dollars ($500) which
will act as supersedeas while he appeals his conviction for criminal contempt to this Court.
IT IS THEREFORE ORDERED that the Emergency Petition for Writ of Habeas
Corpus Or, in the Alternative, Bail From Constructive Contempt Finding and Denial of Stay
or Bond by Circuit Court Judge J effWeill filed by Chr-u.totmeir&;o
SO ORDERED, this the / 3-day of A ril, 2016.

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