Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Binning v. State

Supreme Court of Mississippi

January 31, 2019

RANDY BINNING
v.
STATE OF MISSISS

          DATE OF JUDGMENT: 12/14/2017

          TUNICA COUNTY CIRCUIT COURT HON. CHARLES E. WEBSTER TRIAL JUDGE

          TRIAL COURT ATTORNEYS: WILLIAM HARVEY GRESHAM, JR. MARVIN M. VINING JAMES D. FRANKS, JR.

          ATTORNEY FOR APPELLANT: MARVIN M. VINING

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: ALICIA MARIE AINSWORTH

          BEFORE KITCHENS, P.J., KING AND BEAM, JJ.

          KING, JUSTICE

         ¶1. The State of Arizona and Williams Gaming, Inc.[1] (WMS), a manufacturer of electronic gaming machines, initiated a civil asset forfeiture against money Randy Binning had won, in part, in Tunica, Mississippi, casinos. Binning was indicted in Mississippi for violations of the Mississippi Gaming Control Act. A circuit court in Mississippi, however, dismissed all criminal charges against Binning with prejudice. Despite the dismissal of charges in Mississippi, the State of Arizona continues to prosecute the civil-forfeiture action. Binning now seeks a writ of prohibition clarifying to the state of Arizona that any further collateral attacks upon the dismissed criminal charges under Mississippi law should be barred as res judicata. Because Binning failed to provide sufficient authority that a court in Mississippi may issue a writ of prohibition to a court outside of the state, we affirm the judgment of the trial court.

         FACTS AND PROCEDURAL HISTORY

         ¶2. The general facts of this case are not in dispute. WMS admitted that it produced and sold to Caesars Entertainment Corporation (Caesars) a brand of Keno machines that were defective. When a player selected certain combinations of denominations and units to wager, the Keno games on those defective machines produced greater-than-normal pay tables. WMS admitted that the defect in those machines was due to its own inadvertent coding error and determined that no contact had occurred between any of its software engineers and Binning.

         ¶3. Binning, a professional gambler, learned of the particular combinations of denominations and units to wager in order to increase his odds of winning. In April 2013, Binning won money on defective Keno machines in both Tunica, Mississippi, and Joliet, Illinois. On April 29, 2013, during a traffic stop, law-enforcement officers in Coconino County, Arizona, seized more than $400, 000 from Binning, a large portion of which Binning had won at Mississippi casinos.

         ¶4. A Tunica County grand jury indicted Binning on two counts of violating the Mississippi Gaming Control Act, Mississippi Code Sections 75-76-301(c) (Rev. 2016) and 75-76-311(2) (Rev. 2016). Binning also was indicted in Illinois. Following a bench trial in Illinois, all charges against Binning were dismissed. On June 30, 2015, the Mississippi circuit court also entered a pretrial order dismissing all charges against Binning with prejudice.

         ¶5. Although the charges against Binning were dismissed in Mississippi and Illinois, the State of Arizona and WMS continue to pursue civil forfeiture in Arizona. Binning faces forfeiture of the seized cash under Arizona Revised Statutes § 13-2301(D)(4), which provides in relevant part,

4. "Racketeering" means any act, including any preparatory or completed offense, that is chargeable or indictable under the laws of the state or country in which the act occurred and, if the act occurred in a state or country other than this state, that would be chargeable or indictable under the laws of this state if the act had occurred in this state, and that would be punishable by imprisonment for more than one year under the laws of this state and, if the act occurred in a state or country other than this state, under the laws of the state ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.