Jason Hall v. State of Mississippi
Jason Hall v. State of Mississippi
Opinion
¶ 1. The sole issue presented is the interpretation of Mississippi Code Section 11-44-7, which provides the method for determining attorney's fees in a wrongful conviction and imprisonment case. The trial court held that the statute sets out an escalation of fees tied to each stage of the case, capping the fee award at 25%. We agree.
FACTS AND PROCEDURAL HISTORY
¶ 2. This Court reversed and vacated Jason Hall's conviction of accessory after the fact.
Hall v. State
,
STANDARD OF REVIEW
¶ 3. "Statutory interpretation is a matter of law which this Court reviews de novo."
Lutz Homes, Inc. v. Weston
,
DISCUSSION
¶ 4. The interpretation of the following statute is at issue:
If the court finds that the claimant was wrongfully convicted and incarcerated pursuant to subsection (1) of this section, the court shall award: ... (b) Reasonable attorney's fees for bringing a claim under this chapter calculated at ten percent (10%) of the amount awarded under paragraph (a) of this subsection for preparing and filing the claim, twenty percent (20%) for litigating the claim if it is contested by the Attorney General, and twenty-five percent (25%) if the claim is appealed, plus expenses. These fees shall not be deducted from the compensation due the claimant, nor is counsel entitled to receive additional fees from the client for a claim under this section.
¶ 5. For statutory interpretation, the initial inquiry is whether the statute at issue is ambiguous.
Miss. Ins. Guar. Ass'n v. Cole ex rel. Dillon
,
¶ 6. Hall argues that the word " and ," 2 which is used as the coordinating conjunction to join the three phrases, operates in the conjunctive, thereby requiring the three percentages to be added together-should each condition be met ( i.e. , the claim is filed, litigated, and appealed). The State in response states that the statute lays out a "three-tier scenario" with increased percentages according to the stage at which a case was settled or paid: filed, 10%; litigated, 20%; and appealed, 25%.
¶ 7. "This Court frequently looks to dictionaries to ascertain the meaning of a word in its common or popular sense."
Lawson
,
CONCLUSION
¶ 8. Mississippi Code Section 11-44-7(2)(b) creates a sliding scale with increased percentages at each stage of the case ( i.e. , when the claim is filed, litigated, and appealed). A plain reading of the statute does not aggregate those percentages for calculating the attorney's fee award. Accordingly, this Court affirms the judgment of the Circuit Court of Forrest County.
¶ 9. AFFIRMED.
RANDOLPH AND KITCHENS, P.JJ., KING, COLEMAN, MAXWELL, BEAM, CHAMBERLIN AND ISHEE, JJ., CONCUR.
The trial court also ordered the State to pay attorney expenses of $3,460.90; that award is not contested by either party on appeal.
The "
and
" to which Hall refers is located in the statute here: "contested by the Attorney General,
and
twenty-five percent (25%) ...."
Reference
- Full Case Name
- Jason HALL A/K/A Jason Ladell Hall A/K/A Jason L. Hall v. STATE of Mississippi
- Cited By
- 16 cases
- Status
- Published