Appeals Court denies convicted murderer’s request for new trial, judge recusal

Barry Alexander's request for a new trial was thrown out.
Barry Alexander's request for a new trial was thrown out.(MDOC)
Published: Jul. 27, 2021 at 4:42 PM CDT
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JACKSON, Miss. (WLBT) - A man convicted of three murders in 1996 has been handed two defeats in the Mississippi Court of Appeals.

Tuesday, the court denied a request from Barry Alexander to have his conviction set aside.

It also ruled that the judge who denied the request did not have to recuse herself.

Alexander was convicted of three counts of murder in 1995. He was sentenced to three terms of life in prison and is currently being held at the South Mississippi Correctional Institution in Leakesville.

In December 2019, Alexander filed a motion post-conviction relief motion, asking that the court set aside his conviction.

Hinds County Circuit Judge Faye Peterson denied the request, saying that the state Supreme Court had not given Alexander permission to file it and because the motion was “time-barred.”

Alexander’s last appeal was tossed out in April 1996, when the state’s high court denied his motion for a new trial.

State court rules mandate that PCRs cannot be filed in trail court until an order allowing the PCR is handed down by the supreme court justices.

Peterson also denied the defendant’s request to recuse herself from the trial.

Alexander argued that Peterson should have stepped aside from his 2019 PCR motion because “she was the Hinds County District Attorney during a portion of the time his case was pending.”

The court disagreed, saying that Peterson served as district attorney from 2001 to 2007, years after Alexander’s 1995 trial. Additionally, Peterson was not the attorney of service in his case.

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