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Comes now the Defendant, by and through counsel and files his Motion to Dismiss and/or
Transfer as follows:

1. The alleged facts giving rise to this action took place in May 2009.

2. Defendant was never given an initial appearance. He was notified by mail in or about
September 2010 of his hearing date.

3. Defendant¶s counsel appeared at said hearing date, and came to an agreement with both the
prosecutor and then-sitting judge that the case would be transferred to Justice Court.

4. Even though he entered an appearance, undersigned counsel was not notified by the Court of
the current hearing date.

5. It has now been nearly two years since the alleged incident. The Defendant¶s Sixth Fourteenth
Amendment rights to a speedy trial under the U.S. Constitution have been violated. Defendant
also asserts his speedy trial (270 days) rights under Mississippi Code Annotated Section 99-17-1.

6. There is no showing of good cause for delay.

7. In the alternative and without waving any of the foregoing, Defendant moves this action be
transferred to Madison County Justice Court.

8. There was an agreement to that effect between the undersigned, the City Prosecutor and then-
Judge Kelsey Rushing.

9. Even though Judge Rushing no longer presides, there exists clear good cause to transfer this
matter, specifically the existence of a hostile political environment that precludes Defendant¶s
receiving a fair trial.
10. The complaining witness is the mother of a sitting Canton Alderman. Said alderman became
visibly upset when Judge Rushing announced that the case would be transferred. In fact, it was
only a matter of months before Judge Rushing was relieved of his duties by the City of Canton,
in large part because of his decision to transfer this case to Justice Court.

11. The complaining witness¶s son is one of a handful of people who appoints judges and sets
judicial salaries in Canton Municipal Court.

12. Clearly this creates ± at a minimum ± the appearance of a conflict of interest, and a
reasonable doubt that Defendant can receive a fair trial in Canton Municipal Court.

13. Wherefore, premises considered, Defendant prays this cause be dismissed on speedy trial
grounds, or in the alternative, transferred to Madison County Justice Court.

Respectfully submitted,

________________________________
J. KEVIN BROUGHTON

OF COUNSEL:
J. Kevin Broughton (MS Bar# 10627)
631 Live Oak Drive
Madison, MS 39110