Nature of the Case
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Facts
Sorrell was convicted of one count of first-degree murder and felon in possession of a firearm. Sorrell was sentenced as a habitual offender to life imprisonment on the murder conviction and ten years on the possession conviction. The Mississippi Court of Appeals reversed Sorrell's conviction and remanded the case for a new trial. Sorrell's new trial was scheduled for April 5, 2021. On the morning of trial, Sorrell's then-counsel, Kevin Camp, failed to appear, and a show cause order was issued. Camp was terminated as defense counsel. On April 13, D entered an appearance as counsel for Sorrell. By agreement of all parties, the trial was rescheduled for September 27. The trial court advised that no further continuances would be granted and that the case would proceed to trial on September 27. An order setting the case for trial on September 27 was entered on April 16. On August 18, d moved ore tenus for a continuance. D's request was denied. On August 31, D filed a motion to continue trial. At the pretrial motion hearing on September 1, D reasserted his motion to continue. The trial court denied the motion. Beginning September 14, multiple subpoenas were issued by the State to various witnesses in anticipation of trial on September 27. On September 21, D contacted the court administrator and advised that he had the coronavirus and would not be able to appear at the pretrial conference scheduled for September 22. D was advised that he could participate virtually in the pretrial conference and would be provided a link for that participation. D was instructed to provide to the trial court documentation 'from a healthcare provider that counsel was infected with the coronavirus and that he was symptomatic, not asymptomatic.' On the morning of September 22, D did not appear in person or virtually at the pretrial conference. D emailed the court administrator a statement from a medical provider. The medical statement listed the nature of the illness or injury as 'medical' and noted that Shamsiddeen would 'be able to return to work/school on 10-11-21.' The trial court entered an order denying D's motion to continue the trial filed August 31. The day before the trial on Sunday, September 26 D reiterated that he had a medical excuse and would follow his doctor's orders to remain quarantined until released. D did not appear but proffered a hand-delivered medical statement. D was found in criminal contempt. D was assessed a $100 fine, $4,893.84 in costs for the jurors, and $625 in costs for the State's witnesses. D filed a motion for recusal and asked the trial judge to recuse from the case. The court denied the motion for recusal. D appealed.
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