Oral arg. – COA – Thursday, May 21, 2015 – update – changed to May 26
Mr. Mastin’s with the misdemeanors of disorderly conduct and resisting arrest. He did not believe he did anything wrong and that he was wrongly convicted. Coxwell & Associates attorney Charles “Chuck” Mullins appealed the convictions to the Mississippi Court of Appeals. Mr. Mullins argues that the State and Federal case law show that a citizen cannot be arrested for “spoken words” directed at a police officer unless the words amount to “fighting words.” The language used by Mr. Mastin did not constitute “fighting words,” and therefore the arrest was not justified. Since the initial arrest was not supported by probable cause, the subsequent conviction for resisting arrest was also invalid and must be overturned.