JASON HALL a/k/a JASON LADELL HALL a/k/a JASON L. HALL
STATE OF MISSISSIPPI
OF JUDGMENT: 01/31/2017
COUNTY CIRCUIT COURT TRIAL JUDGE: HON. L. BRELAND HILBURN
COURT ATTORNEYS: SAMUEL STEVEN McHARD WILSON DOUGLAS MINOR
MARCUS A. McLELLAND
ATTORNEYS FOR APPELLANT: SAMUEL STEVEN McHARD MARCUS A.
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: LEE
DAVIS THAMES, JR.
WALLER, C.J., CHAMBERLIN AND ISHEE, JJ.
WALLER, CHIEF JUSTICE
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.
AND PROCEDURAL HISTORY
This Court reversed and vacated Jason Hall's conviction
of accessory after the fact. Hall v. State, 127
So.3d 202 (Miss. 2013) (Hall I). Hall then sued the
State under the Wrongful Conviction and Imprisonment Act,
Mississippi Code Section 11-44-1, et seq. Hall
appealed the grant of summary judgment in favor of the State,
and this Court reversed the trial court's judgment and
remanded the matter for further proceedings. Hall v.
State, 187 So.3d 133 (Miss. 2016) (Hall II).
Hall subsequently was awarded $126, 507.00 for the wrongful
incarceration pursuant to Mississippi Code Section
11-44-7(2)(a). At a subsequent hearing to determine
attorney's fees, Hall's attorneys were granted $31,
626.75-calculated at 25% of the amount awarded to
Hall. Hall argues on appeal that the trial court
misconstrued the statute for calculating the attorney's
"Statutory interpretation is a matter of law which this
Court reviews de novo." Lutz Homes, Inc. v.
Weston, 19 So.3d 60, 62 (¶ 8) (Miss. 2009).
The interpretation of the ...