The Southern Poverty Law Center is calling for a new hearing for a Mississippi man sentenced to 12 years in prison for possessing a cellphone in a county jail.
Thursday asking the state Supreme Court to reconsider its prior ruling on a sentence that the legal advocacy group called"disproportionate" and a violation of the constitutional prohibition against"cruel and unusual" punishment.
"There is no evidence that he concealed the phone; rather, it is a virtual certainty that Nash was not searched in accordance with jail policy," the court filing says."There is still time to right this injustice. Nash’s astonishing sentence is grossly disproportionate to the act for which he stands convicted. It is cruel and unusual."
Justice Leslie D. King, however, wrote in the opinion that all inmates being booked into jail are strip-searched,"yet Nash went into the jail with a large smartphone that would have likely been impossible to hide during a strip search."
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