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Appeals Court Tosses David Archie Conviction

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Lacey McLaughlin

David Archie's convictions for disorderly conduct and violating a city ordinance were tossed out by the state Appeals Court on June 26.

The Mississippi Court of Appeals threw out the convictions of David Archie and a dozen other people who were arrested at a March 2008 protest in Canton.

Archie, who founded the group Citizens Against Racial Profiling, organized the demonstration against alleged racial profiling practices of the Madison County Sheriff's Department.

Because the group had not obtained the permits to conduct a rally, police arrested several protestors including Archie who received a suspended 30-day jail sentence and a $275 fine. Archie appealed the conviction, questioning the constitutionality of the ordinance. Canton did not file a brief in response to Archie's appeal.

Appeals Judge Larry Roberts sided with Archie, writing: "Suffice it to say, there are serious constitutional issues regarding both of Archie’s convictions. Under the circumstances, Canton’s failure to file a brief operates as a confession of error."

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