Latest Cases & Developments

News

• Lamar County Client Acquitted Of Murder

  James May, a Vicksburg, Mississippi native and USM senior, was found dead on May 1, 2002; a death that was initially ruled a suicide. At the behest of his family, the State Attorney General's office agreed to review the case with the Mississippi Bureau of Investigation (the investigative arm of the Mississippi Highway Patrol) about four months later. Even though two prior Lamar County Grand Juries had previously voted not to indict Jennifer Wardle, with the attorney general's office involved, Wardle was indicted for murder on Oct. 10, 2007.

  In March of 2010, at trial, the state put on two experts who testified May could not have killed himself, and that he must have been murdered. After prompting by Mr. Colette, the state was also forced to call the doctor who performed the initial autopsy, and he testified he stood by his original conclusion that May had committed suicide. The state also called several of May’s friends who all testified that Wardle started a heated argument with May on the night of his death, concerning Wardle being pregnant with May’s child and May seeing another woman.

  After the state rested, Wardle testified, denying the heated argument, telling the jury how she and May had gone to May’s trailer the night of his death, and May who was intoxicated, being depressed and despondent about his parent’s disapproval of his relationship with Wardle and other matters, went inside the trailer, locking Wardle out. Wardle then testified she heard a “pop,” ran to a neighbor’s house to have them call 911, then after being able to force the trailer door open, went inside, only to find May’s lifeless body laying in the bedroom. After deliberating less than two hours, the jury came back with their verdict of “Not Guilty.” This case is an example of why it is vital to have competent defense counsel with real-world trial experience to go to bat for you if you are facing criminal charges.

• Judge Dismisses DUI Conviction After Appeal

  After our client was convicted in municipal court of DUI, one of our associates, Matthew A. Baldridge, was successful in getting the conviction dismissed after appealing the case to county court. Because the conviction was dismissed, our client was able to not only keep a clean record, but also keep his job since his employment required him to have a driver’s license and clean driving record.

  If you are facing a DUI , it is important that you consult with an attorney FIRST, before deciding just to plead “Guilty.” Whether it is a first, second or third offense, there are often serious consequences to pleading guilty, other than just paying a fine. Depending on the charge, these consequences could include losing your job, losing your license, losing your car and even mandatory jail time. Our office has the experience and knowledge you need to properly defend against a DUI.

• Jackson Mayor's Bodyguard Avoids Felony by Pleading Guilty To A Misdemeanor.
  USA vs. Frank Melton
  This case involved a Jackson Police Officer who served as one of Mayor Frank Melton’s bodyguard’s for over two years. A special prosecutor from Washington D.C. brought federal charges against the mayor and his two body guards, including alleged civil rights violations. All the charges combined carried a potential sentence in excess of twenty (20) years. After several months, Mr. Colette was able to procure an offer from the Government that allowed our client to plead guilty ONLY to a misdemeanor charge with all felony charges being dismissed in exchange for the client’s cooperation.
• Petal School Teacher Maintains Freedom.
  State vs. Loni Folks
  A respected school teacher was allowed to plead “open” in front the circuit court judge on charges stemming from an incident between her and a NON-STUDENT sixteen year old from Italy. After taking into consideration our client’s lack of a criminal history, the nature of the offense and a letter from the teenager’s parents stating that they were not going to press charges against our client, the judge rendered a fair and judicious sentence by suspending all jail time. More...
• Attorney Involved In Mortgage Fraud Case Appeals; Trial Court Grants Rule 29 On Bank Fraud Charge
  USA vs. Kimberly Castle
  In a rare victory, Mr. Colette was able to successfully argue, over strenuous Government objection, that the evidence in this case did not support the charges relating to bank fraud. The Federal District Court Judge ruled that because the Government did not show that the banks involved, Countrywide Home Loans and Alliance Funding, were FDIC insured, there were no government funds at risk. Because there were no federal funds at risk, there was no federal nexus and accordingly no federal jurisdiction! In spite of glaring holes in the prosecution’s evidence relating to the remaining wire fraud charges, the jury eventually rendered a guilty verdict. That judgment is currently on appeal to the Fifth Circuit, and we are waiting for its decision.
• Indictment Dismissed Against Healthcare Employee
  USA vs. Latanicia McMillian
  After enduring agonizing months of wrangling with the Government, and our client continually professing her innocence, the Federal District Court Judge granted the Government's motion to dismiss the multi-count indictment against our client charging Medicare fraud. This case involved a scheme devised by the business owner, who was also an attorney and city judge, to defraud Medicare by hiring unlicensed physical medicine technicians who performed unsupervised physical medicine on elderly Medicare patients at the patient's home. In addition, the business owner directed his medical billers to often bill Medicare three and four times the actual services rendered. The company billed approximately eighteen million dollars in a two-year period, and was paid approximately nine millions dollars during that same time period! At the time of this writing the business owner had pleaded guilty and was awaiting sentencing. Our client maintained from day one that, while she was an employee at the company, she was never involved in any planning or commission of the fraudulent practices, and that any misconduct was done solely by the "judge" without her knowledge or consent.

Landmark Cases

• Teacher, Elisha Hughes, Acquitted of Murder Charge
  State vs. Elisha Hughes
  After experiencing the loss of her husband, Elisha was charged for being responsible for his murder! From day one, Elisha adamantly denied any involvement whatsoever, and after the combined efforts of Mr. Colette & Dennis Sweet, a highly respected Jackson attorney, the jury finally rendered a NOT GUILTY verdict. This case involved a total failure on the part of the prosecution to prove any element of their case against Elisha. Thankfully the jury was able to see through the smoke and mirrors put on by the prosecution, and at the end of the day, justice prevailed. The verdict was a result of Mr. Colette and Mr. Sweets relentless, determined and creative defense of Elisha.
• Man Charged With Statutory Rape Found Not Guilty
  State vs. R. Smith
  In this emotionally charged case, Mr. Colette was able to successfully show the jury that the “victim” in this case was not under the age of consent. The prosecution attempted to prove that the female was fourteen (14) years of age, but at the end of the day, the jury found our client NOT GUILTY, proving once again, that with effective representation, true justice can be obtained!
• Client Obtains Rare Victory On Motion to Suppress
  USA vs. Salazar
  Often clients desire to have the evidence in a case suppressed because of alleged misconduct by the law enforcement involved in their case. This is what is usually referred to as the fruit of the poisonous tree doctrine. However, it takes experienced and tenacious defense attorneys to fight the inherent credibility that law enforcement officers hold. In this case, Mr. Colette was able to prove to the United States District Court Judge that the officers involved had exceeded the scope of the traffic stop of our client, and further that the stop was not based on probable cause or reasonable suspicion, but rather based solely on the fact that our client was of Spanish descent! Profiling stops are per se unconstitutional. Because of Mr. Colette’ successful arguments, the judge suppressed the five (5) Kilos of Cocaine that were found electronically sealed in the bumper of the car driven by our client!
• Inmate Charged With Drug Possession, Found Innocent
  USA vs. D. Quinn
  This was a situation that involved diligent and non-traditional criminal defense work by Mr. Colette. Whenever inmates are allowed face-to-face visitation at federal correctional facilities, they are allowed to use the common bathroom. However, after anyone uses the facilities, a guard goes into the restroom to ensure that no contraband was left in the restroom, including emptying the trash case each time the restroom is used. After our client used the restroom, a Yazoo FCI guard did his routine sweep, and found marijuana in the trash can. Our client was then charged with drug possession in a federal correctional facility. Mr. Colette argued that it is unfair to automatically assume that any contraband left in a general use restroom was that of our client. Other than the guard finding the marijuana, there was no other evidence to corroborate that our client was the one who had left it there. Accordingly, our client was found NOT GUILTY by a federal jury!
• Jackson Detectives Cleared Of Wrongdoing
  USA vs. Bingham & McRee
  Two former Jackson Police Officers were charged in Federal U.S. District Court with stealing drugs after a huge drug bust. The allegation was that twenty-seven (27) bags of crack cocaine were taken at the bust, and that several bags had their contents swapped from cocaine to a baking powder type substance before it was turned in as evidence. Even with the public awareness heightened with the allegations of police misconduct, Mr. Colette was able to successfully overcome seemingly insurmountable odds, and both Bingham and McRee were cleared of any wrongdoing because there was insufficient evidence to support the charges!
• Clients Wins Judgment of Acquittal
  The following is a list of some additional cases where our clients were rightfully acquitted after being wrongfully accused of various crimes! USA vs. Terry - Bank Fraud case. Client found innocent because Government star witness lacked credibility! USA vs. Barrett – Barrett was the then longest serving Sheriff in Mississippi. Sheriff Barrett was charged with perjury by a grand jury in Washington D.C. On appeal, two of the three counts against Barrett were dismissed. The remaining count was affirmed.