Oral arg. – COA – Aug. 23, 2017

At 10:00 the Court of Appeals will hear the case of  Jake Bias v State of Mississippi

Bias was charged with statutory rape in 2011 after his daughter ended up with gonorrhea and chlamydia and the girl told her godmother that he had hurt her private area. An exam did not show any physical injuries.  Bias did not test positive for either STD – fact he learned only when the prosecutor mentioned it at his plea hearing.  He nonetheless pleaded guilty.

In 2014, he filed a post conviction petition alleging that his attorney was ineffective  for failing to advise him of the fact that he had not tested positive nor had he been treated for any STDs and that  the child’s hymen was intact and that the child had been exposed  to numerous other men.  He also argues that his ultimate confession did not match the evidence. The trial court denied relief without a hearing.  On appeal he argues these issues and the he was entitled to an evidentiary hearing.

Bias brief

Bias – State’s brief

Bias reply brief

Watch the argument here

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