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Court denies review in aggravated assault case

Reported by: Mel Carlock
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Updated: 6/06/2013 1:49 pm
JACKSON, Miss. (WTVA) -- An Alcorn County man has lost another attempt to get his conviction for burglary and aggravated assault overturned.

On Thursday, the Mississippi Supreme Court refused to review the appeal of Timmy Dale Whitacker.

Whitaker, 49, was convicted in November of 2010 and sentenced to serve 25 years without the possibility of parole on the burglary charge and 20 years on the aggravated assault charge.

Authorities say Whitaker drove two men to the home of William Clark in August of 2008 and dropped them off.

Court records show the men broke into Clark's home and beat him with a crowbar before taking money from him.

Prosecutors say Whitaker returned a short time later and picked the men up.

Authorities say Whitaker gave a confession to investigators while in the hospital in November of 2008.

Whitaker filed an appeal claiming he was under the influence of narcotics when the made the confession, was denied his right to a speedy trial, and the jury was tainted by comments made by members of the jury pool during the selection process.

The Mississippi Court of Appeals unheld his conviction in August.
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