Thursday, July 23, 2009

Miss. Appeals Court : No Banishment Requirement : Miss. Appeals Court throws out banishment requirement for sex offender.

JACKSON, Miss. (AP) — The state Court of Appeals has thrown out a lower court order that a McComb man be banished from Mississippi once his completes a 25-year sentence for a sex crime conviction.

Richard A. Simoneaux pleaded guilty in 2004 in Pike County to spying on and assaulting nursing home residents. Simoneaux pleaded guilty to attempted burglary, two counts voyeurism, sexual battery, sexual abuse of a vulnerable adult and burglary of a dwelling.

The trial judge sentenced Simoneaux to 30 years without parole with five years suspended. The judge also ordered Simoneaux to leave Mississippi once he is released from prison.

The Appeals Court rejected Simoneaux claims his pleas were not voluntary, that his attorney could have done a better job but agreed banishment was too harsh.