Binning v. State of Mississippi

The State of Arizona and Williams Gaming, Inc. (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, Arizona continued its prosecution of the civil-forfeiture action. Binning sought a writ of prohibition from the Mississippi Supreme Court, clarifying to the state of Arizona that any further collateral attacks upon the dismissed criminal charges under Mississippi law should have been 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, the Mississippi Supreme Court affirmed denial of the writ. View "Binning v. State of Mississippi" on Justia Law