Harvey Williams, Jr. v. State of Mississippi

KITCHENS, Justice,

for the Court:

¶ 1. Following this Court’s reversal and remand of the murder conviction of Harvey Williams, Robert Shuler Smith, the Hinds County District Attorney, sought an order of nolle prosequi, which was granted by the circuit court. Two days later, and without notice to the accused, the judge sought to vacate his previously entered nolle prosequi order, “recuse” the district attorney, and transfer the case to the Mississippi Attorney General’s Office. A second circuit court judge found that the order of nolle prosequi was not subject to recision, but appointed the…