IN THE SUPREME COURT OF MISSISSIPPI

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oi\GU\~i_______ QUINTON TELLIS

PETITIONER/DEFENDANT

vs
STATE OF MISSISSIPPI
AUS - 2 2018 \ } ~

RESPONDENT/PLAINTIFF

In re Petition to Appeal Interlocutory Order of the Panola County Circuit Court, Honorable
Gerald Chatham, State of Mississippi v. Quinton Tellis, Cause No. CR2016-056 CP2

PETITION FOR INTERLOCUTORY APPEAL

Darla Mannery Palmer (MSB N0.10611)

395 Edgewood Terrace Drive

Jackson,MS 39206
Office (601) 956-9191

Alton E. Peterson (MSB No. 99222)

269 East Pearl Street

Jackson,MS 39201-3202

Office (601) 354-4747

Attorneys for Petitioner/Defendant Quinton Tellis

MOTION# 1
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 IN THE SUPREME COURT OF MISSISSIPPI
QUINTON TELLIS PETITIONER/DEFENDANT

vs CAUSE NO.
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STATE OF MISSISSIPPI RESPONDENT /PLAINTIFF

In re Petition to Appeal Interlocutory Order of the Panola County Circuit Court, Honorable
Gerald Chatham, State of Mississippi v. Quinton Tellis, Cause No. CR2016-056 CP2

CERTIFICATE OF INTERESTED PERSONS

The undersigned counsel of record certifies that the following listed persons and entities
have an interest in the outcome of this case. These representations are made in order that the
Justices of the Mississippi Supreme Court and/or the Judges of the Mississippi Court of Appeals
may evaluate possible disqualification or recusal:

1. Quinton Tellis, Petitioner/Defendant

2. Darla Mannery Palmer, Counsel for Petitioner/Defendant
3. Alton Peterson, Counsel for Petitioner/Defendant
4. John Champion, Panola County District Attorney, Counsel for Respondent/Plaintiff,
State of Mississippi
5. Jay Hale, Panola County Assistant District Attorney, Counsel for
Respondent/Plaintiff, State of Mississippi
6. Honorable Gerald Chatham, Panola C nty Circ it Court Judge

aria Mannery Palmer

Counsel for Petitioner/Defenda t

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 STATEMENT REGARDING RELATED CASES PENDING
THAT PRESENT SAME ISSUES AS INSTANT INTERLOCUTORY APPEAL

Petitioner/Defendant Quinton Tellis has no knowledge of any other cases or petitions for

Interlocutory Appeal pending before the Mississippi Supreme Court or the Mississippi Court of

Appeals which are related to the matters presented in the instant Petition for Interlocutory

Appeal.

STATEMENT OF CURRENT STATUS OF THE CASE

On July 2, 2018, the Petitioner/Defendant filed a Motion for Recusal of Panola County

District Attorney's Office Due to Prosecutorial Misconduct/Motion for Continuance/Motion for

Sanctions.

On July 9, 2018, a hearing was held on the aforementioned motion.

On July 12, 2018, Judgment was entered denying the Motion in its entirety.

State of Mississippi vs. Quinton Tellis, Cause Number CR 2016-056CP2 is scheduled for

re-trial on September 24, 2018.

STATEMENT AS TO WHY THE INSTANT

PETITION FOR INTERLOCUTORY APPEAL IS TIMELY

The Order from the Panola County Circuit Court was signed by Circuit Judge Gerald

Chatham and filed on July 12, 2018 nunc pro tune for the hearing held on July 9, 2018. In

compliance with Mississippi Rule of Appellate Procedure 5, the Instant Petition for Interlocutory

Appeal was filed within the twenty-one day limit, namely on August 2, 2018.

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 IN THE SUPREME COURT OF MISSISSIPPI

QUINTON TELLIS PETITIONER/DEFENDANT

VS. CAUSE NO.

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STATE OF MISSISSIPPI RESPONDENT/PLAINTIFF

COMES NOW Petitioner/Defendant Quinton Tellis (hereinafter referred to as

"Defendant Tellis), and files this his Petition for Interlocutory Appeal pursuant to Rule 5(a) of

the Mississippi Rules of Appellate Procedure and would respectfully show unto the Court as

follows:

INTRODUCTION

The instant Petition for Interlocutory Appeal is filed from Judgement entered on July 12,

2018 in the Panola County Circuit Court, 2nct Judicial District, wherein Defendant Tellis' Motion

for Recusal of Panola County District Attorney due to Prosecutorial Misconduct was denied. The

concurrent Motions for a Continuance and Motion for Sanctions were denied as well.

It is the position of Defendant Tellis that the trial court did not make any clear

determination as to whether Panola County District Attorney John Champion had committed any

prosecutorial misconduct and whether prosecutorial misconduct as alleged by Defendant Tellis

was so egregious as to warrant the removal of himself and his office from prosecuting this

matter. Defendant Tellis's Motion for Recusal of the Panola County District Attorney's Office

was filed to ensure that the Defendant Tellis receives a fair and impartial trial without

interference from efforts on the part of the prosecution to impede justice.

In accordance with Mississippi Rules of Appellate Procedure 5(a)(3), the granting of the

Petition for Interlocutory Appeal will resolve issues of vital importance to the administration of

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justice. A substantial basis exists for the difference of opinion on a questions of law as to which

appellate resolution will resolve issues of general (and vital) importance to the administration of

justice.

FACTS PERTINENT TO THE INTERLOCUTORY APPEAL

1. Defendant Tellis, was charged with capital murder in cause number CR2016-056 CP2

in the Panola County Circuit Court, Second Judicial District. Defendant Tellis was

housed in the Desoto County Adult Detention Facility in Hernando, Mississippi

during the duration of his pre-trial detainment.

2. Defendant Tellis retained Attorneys Darla Mannery Palmer and Alton Peterson to

represent him in his capital murder case. Panola County District Attorney John

Champion, hereinafter referred to as District Attorney Champion and Panola County

Assistant District Attorney Jay Hale prosecuted the case. Panola County Circuit

Judge Gerald Chatham presided over the trial which began on October 9, 2017 and

lasted for 9 days. After the Judy could not agree upon a verdict, a mistrial was

ultimately declared.

3. A new scheduling order was entered and the re-trial in this matter was scheduled for

September 24, 2018.

4. On April 5, 2018, District Attorney Champion went to the Desoto County Adult

Detention Facility to visit Defendant Jalen Asir Matthews Caudle, hereinafter

referred to as Defendant Caudle. Defendant Caudle is charged with capital murder in

the Desoto County Circuit Court, Cause Number CR-2017-0641 CW2. Like

Defendant Tellis, Defendant Caudle retained Attorney Palmer to represent him in this

capital murder case.

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5. At the time of his visit with Defedant Caudle, District Attorney Champion was aware

that Attorney Palmer was attorney of record for Defendant Caudle. District Attorney

Champion did not advise Attorney Palmer of his visit. Further, he did not seek

permission from Attorney Palmer to speak to Defendant Caudle.

6. On or about April 6, 2018, Attorney Palmer was subsequently informed by Defendant

Caudle's father, Alphonzia Matthews, that District Attorney Champion had visited

with Defendant Caudle at the Detention Facility.

7. On April 10, 2018 and April 17, 2018, Attorney Palmer thereafter visited with

Defendant Caudle. Attorney Peterson was present at the second visit on April 17,

2018.

8. After lengthy discussions with Defendant Caudle, Attorney Palmer was of the

opinion that District Attorney Champion had performed prosecutorial misconduct

both by visiting with Defendant Caudle because he was represented by counsel and

through statements made to Defendant Caudle during his visit with him. The essence

of District Attorney's visit was to elicit information from Defendant Caudle against

Defendant Tellis, both of whom were represented by Attorney Palmer.

9. During the next approximately two months, Attorneys Palmer and Peterson

researched and investigated the remedies to address the alleged prosecutorial

misconduct of District Attorney Champion. Further, throughout this time period,

Attorney Palmer had to consider the effect ofrevealing District Attorney's actions on

the progress of her remaining cases throughout his jurisdiction.

10. On July 2, 2018, Attorney Palmer filed Motions to Recuse/Continuance/Sanction the

Panola County District Attorney's Office from both Defendant Tellis's case and

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 Defendant Caudle's case. The motions had an affidavit attached which had been

signed by Defendant Caudle and notarized.

11. Defendant Caudle's affidavit revealed the efforts by District Attorney Champion to

threaten him, intimidate him, coerce him, and bribe him to fabricate evidence against

Defendant Tellis to assist District Attorney Champion in the re-trial with Defendant

Tellis. (The connection between Defendant Tellis and Defendant Caudle was that

both had been housed in the Desoto County Detention Center at the same time at

some point and had become friends.) Further, both Defendants had Attorney Palmer

as their retained attorney.

12. On July 9, 2017, on a pre-scheduled status conference date, a full hearing on the

Motions regarding Defendant Tellis were heard before Judge Chatham with a court

reporter present. Defendant Tellis presented the following witnesses and exhibits: (1)

stipulated document which evinced that Defendant Caudle and been transported by a

jailer from his jail pod to the office of the Jail Administrator to visit with District

Attorney John Champion, (2) Defendant Caudle, (3) Alphonzia Matthews and (4)

copies of email/test messages sent by Defendant Caudle from the computer kiosk

provided to inmates within hours of his visit with District Attorney Champion.

13. Assistant District Attorney Hale conducted examinations on behalf of the State of

Mississippi and presented two witnesses, (1) a local lawyer who represented a

another defendant who had talked to Defendant Caudle and (2) District Attorney

Champion.

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 14. Judge Chatham denied Defendant Tellis's motions and entered an order on July 12,

2018.

15. The order ruled that after hearing all testimony and argument of counsel, no evidence

[was] presented of misconduct by the district attorney which prejudiced Defendant

Tellis.

16. The interlocutory appeal arises from Judge Chatham's aforementioned order.

STATEMENT OF ISSUES FOR REVIEW AND SUPPORTING ARGUMENT

I. WHETHER THE TRIAL COURT ERRED BY FAILING TO FIRST MAKE A

CLEAR FINDING THAT DISTRICT ATTORNEY CHAMPION COMMITTED
PROSECUTORIAL MISCONDUCT OR NOT BASED ON THE EVIDENCE
PRESENTED AND ARGUMENTS BY COUNSEL?

LAW/MISSISSIPPI RULES OF PROFESSIONAL CONDUCT

The law as presented to Judge Chatham by Defendant Tellis was that

District Attorney Champion had violated: a. Mississippi Rule of

Professional Conduct 3.4 b Fairness to Opposing Party and Counsel; b.

Mississippi Rules of Professional Conduct 3.8 Special Responsibilities of

a Prosecutor to ensure fairness; c. Mississippi Rule of Professional

Conduct 4.2 Communication with Person Represented by Counsel.

Because District Attorney Champion had violated these rules of

professional conduct, he had thereby committed misconduct as defined

under Mississippi Rule of Professional Conduct 8.4(a), (b), (c) and (d).

Judge Chatham made no definitive ruling as to whether District Attorney had committed

an act of misconduct or engaged in any conduct that was prejudicial to the administration of

justice. (Mississippi Rule of Professional Conduct 8.4 (d)). It is Defendant Tellis's contention

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that an analysis of District Attorney Champion's behavior should have been conducted by the

trial court and thereafter applied against the standard on ensuring a fair and impartial trial for

Defendant Tellis.

IL WHETHER THE TRIAL COURT ERRED IN REQUIRING THAT

DEFENDANT TELLIS SHOW THAT PREJUDICE RES UL TED TO HIM
FROM ATTORNEY CHAMPION'S PROSECUTORIAL MISCONDUCT?

LAW

There are a phletora of cases that speak to the fact that when there is an allegation of

prosecutorial misconduct, the Court must look to whether the Defendant has suffered any

prejudice. However, extensive research in this regard, reveals that all of these cases have made it

to jury deliberation and the efforts by a defendant to demonstrate whether prejudice resulted are

measured against a guilty plea typically or some other disadvantageous outcome during trial. For

example, a witness being excluded from testifying or an objection sustained.

Defendant Tellis contends that he should not have been required by the Court to show

prejudice to him, individually, at this stage of trial. The Court should have been weighing

whether prosecutorial misconduct on the part of District Attorney Champion had somehow

infringed on the standard of ensuring a fair and impartial trial for Defendant Tellis and the

administration of justice.

III. WHETHER THE TRIAL COURT ABUSED ITS DISCRETION BY NOT

ADDRESSING THE FUNDAMENTAL PRINCIPLE OF ENSURING THAT
DEFENDANT TELLIS RECEIVES A FAIR AND IMPARTIAL RE-TRIAL IN
LIGHT OF PROSECUTORIAL MISCONDUCT BEING PRESENTED TO THE
COURT?

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 A judge has broad discretionary power to control the progress of a trial, including

decisions made during motion hearings and other administrative matters that lead up to the

actual picking of the jury and the trial proceeds. However, this judicial discretionary power has

limitations. The Mississippi Supreme Court has defined judicial discretion as "a sound judgment

which is not exercised arbitrarily, but with regard to what is right and equitable in circumstances

and law, and which is directed by the reasoning conscience of the trial judge to just result. White

v. State, 742 So.2d 1126, 1136 (Miss.1999). There is an abuse of discretion when the judge rules

"clearly against logic and [the] effect of such facts as are presented ... or against the reasonable

and probable deductions to be drawn from the facts. White v. State, 742 So.2d at 1136.

The Mississippi Supreme Court has previously stated:

"Despite out reluctance to reverse, we are duty bound and sworn by oath to uphold the

laws of the State of Mississippi. We are entrusted with the responsibility of ensuring that the

criminal justice system of this state works to guarantee that every defendant brought before its

tribunals receives a fair and impartial trial. To that end, we must instill in all officers of the trial

courts a sense of their own responsibility in preserving our system of justice. To avoid abuse of

the system, we admonish all prosecutors, trial judges, and other affected officials to follow the

rules and provide a fundamentally fair hearing at the sentencing (death penalty) phase, or be

prepared to 'do it again'. Stringer v State, 500 So.2d 928, 930 (Miss.1986), Blakeney v State,

No.2015-DP-00058-SCT

Defendant Tellis contends that the trial court failed to view that the issue at hand before

the Court was to ensure that Defendant Tellis receives a fair and impartial re-trial. To disregard

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unequivocal facts/evidence which support a finding of absolute prosecutorial misconduct, said

trial court ruling was an abuse of his discretion. Further, it would be virtually impossible for

Defendant Tellis to receive a fair and impartial trial if the district attorney's office which has

committed prosecutorial misconduct is allowed to continue to prosecute the very same case.

CONCLUSION

Defendant Tellis respectfully requests that this Honorable Court accept this Petition, and

issue a briefing schedule and require that the record from the lower court including but not

limited to transcripts from the trial court hearing and all exhibits be submitted as appropriate.

Respectfully submitted this the 2nct day of August, 018.

Attorney for Petitioner/Defi

Darla Mannery Palmer (MSB NO. 10611)

395 Edgewood Terrace Drive
Jackson,MS 39206
Office (601) 956-9191

Alton E. Peterson (MSB No. 99222)

269 East Pearl Street
Jackson, MS 39201-3202
Office (601) 354-4747

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 CERTIFICATE OF SERVICE

I, Darla Mannery Palmer, Attorney for the Petitioner/Defendant, do hereby certify that I

have this day served a true and correct copy of this Petition for Interlocutory Appeal via U.S.

MAIL and electronic email:

Honorable Gerald Chatham

Panola County Circuit Court Judge
Post Office Box 527
Hernando, MS 38632
Email to court administrator (slowrie@desotocountyms.gov)

District Attorney John W. Champion

Panola County District Attorney's Office
101 Eureka Street
Batesville, MS 3 8606
Email to jchampion@msdal7.com

Assistant District Attorney Jay Hale

Panola County District Attorney's Office
101 Eureka Street
Batesville, MS 38606
Email to jhale@msdal7.com)

This, the 2nd day of August, 2018.

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IN Tl-IE CIRCUIT COURT OF PANOLA COUNTY, MISSISSIPPI
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QUINTON TELLIS·. : . .i
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ORDER DE1'IY1NG pEFENDANT'S MOTION FOR RECUSAL OF DISTRICT .
:.·ATTORNEY'S OFFICE DUE TO PROSECUTORIAL MISCONDUCT/MOTION FOR
• . · :! . . - ··: CONTINUANCE AND MOTION FOR SANCTIONS .
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'J This: day th~s· matte/came before this Hon~rable Court. After hearing the testimon; of
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all th~ witnesses and arg~mbnt of counsel. the Court finds that no evidence has been presented of
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misconduct by the District Attorney which has prejudiced the above named defendant in his'case. ·
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Therefore it is th~,r~lin~ of this Court that the Motion for Recusal of District Attorney's Office

due tj ~se~rial mi~&uct

. '. •.• ;! . : .: ·.. ;: ·,;. < i is. hereby
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denied: Furt;,., the motion for conlin~ance is hefeby
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·denii an<i the moti~n for sanctions is hereby denied. This case shall proceed to trial ori
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September 24, 2018.: =, . 1

.S() ·JRDERED ·~IS;Tri;E

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/2- ~ DAY OF JULY, 2018 l{r.111i,
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GERALD CHATHAM
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• I:' JUL 12 2018
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'''j MELISSA MEEK'~ PHELPS ..
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