Swinney v. Mississippi

In 2015, a grand jury indicted Tony Swinney for robbery with an enhancement for a crime committed against a victim of sixty-five years of age or older, and conspiracy to commit robbery. Earlier that year, Audrey Swinney drove her brother Tony and their cousin LaMarvin Swinney to rob “Bullets,” a convenience store in Flora, Mississipppi. Tony and LaMarvin entered the store and robbed Pyare Lal, the seventy-three-year-old proprietor of the store. A jury ultimately found Tony guilty on both counts of the indictment, and Tony was sentenced as a habitual offender under Mississippi Code section 99-19-83 (Rev. 2015) to life without the possibility of parole or early release for each count, with the sentences to run concurrently. The Mississippi Supreme Court found only that the evidence presented at the sentencing hearing would have met only the requirements of Section 99-19-81, vacated Tony’s sentences and remanded for resentencing. The Court found no other reversible error and affirmed in all other respects. View "Swinney v. Mississippi" on Justia Law