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Federal judge dismisses appeal in Monroe County case

Reported by: Mel Carlock
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Updated: 9/04/2013 1:44 pm
OXFORD, Miss. (WTVA) -- A federal court judge has dismissed a habeas corpus petition filed by a man serving a life sentence for depraved heart murder in Monroe County.

Christopher Lashon Johnson, 36, was found guilty in 2007 for the shooting death of Jermaine Deloach.

Authorities say Deloach was a bystander when Johnson fired several shots at a race track on Highway 8 West of Aberdeen in April of 2002.

Johnson was convicted during a trial in 2004 and sentenced to serve life in prison.

He filed a petition of habeas corpus in U. S. District Court after state appeals were expired.

In his petition, he questions whether the trial judge was wrong not to dismiss the case, or issue a judgement not withstanding the verdict.

Johnson also says the judge was wrong not to order a new trial following a post-conviction relief hearing.

In his ruling on Tuesday, the federal judge ruled the time for filing the petition had expired under law and dismissed the case with prejudice, meaning it cannot be refiled with the court.

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