IN THE CIRCUIT CQURT-OF MU^ISC^QUNTY, MISSISSIPPI

STATE OF MISSISSIPPI ^ madisoncounty -D

VS. MAY 03 2019 CAUSE NO: 2018-0508(JE)
ANITA WRAY,#RCUIT CLERK
SHERMAN MATLOCK BY

MOTION TO NOLLE PROSEQUI INDICTMENT

Comes now the State of Mississippi and enters its Motion to Nolle Prosequi an Indictment

against the Defendant referenced above, subject to approval by the Court, and in support of said

Motion offers the following, to-wit:

1. That the Defendant, Sherman Matlock, was indicted by the Grand Jury of Madison

County, Mississippi for the crimes of Voter Fraud and Voting by an Unqualified Person

on November 20, 2018;

2. That the Indictment alleges that Sherman Matlock committed the voting offenses

charged by voting while being a felon convicted of the crime of Manslaughter;

3. That since the filing of the Defendant's Motion to Dismiss Indictment in the above

referenced cause the State has reviewed the following resources: Miss. Const, art. XII,

§241; Miss. Code Ann. §23-15-19; Cotton v. Fordice, 157 F.3d 388 (5th Cir., 1998); all

Opinions of the Attorney General of the State of Mississippi regarding disenfranchising

crimes; the statements of the Attorney General's Office in a newspaper article published

April 4, 20191; as well as all cases, statutes, Constitutional provisions included in the

Defendant's Motion to Dismiss Indictment;

4. That after said review, the State's position is that in the interests of justice this cause

1 Prior to the newspaper article, the Office of the Attorney General of

Mississippi had not issued an opinion interpreting Cotton v. Fordice
and addressing the status of a voter with a conviction of
Manslaughter.

vo^k^i
 ought be dismissed as Sherman Matlock did not commit a crime by voting while being a

felon convicted of the crime of Manslaughter.

WHEREFORE, PREMISES CONSIDERED, the State respectfully moves the court to

Nolle Prosequi the Indictment in this cause.

Respectfully submitted, this the Uf^ day of f<Y&iL 2019.

STATE OF MISSISSIPPI

BY:
Katie MouL
ASSISTANT DIS T ATTORNEY

ORDER

THIS CAUSE having come on for hearing on the State's Motion to Nolle Prosequi

Indictment filed herein, and the Court, finding same to be reasonable, approves the entry thereof.

SO ORDERED, this the J> day of^jO^ ,2019.