Thursday, August 28, 2014

McDaniel challenge: sloppy

The Oktibbeha County Circuit Clerk filed a motion to quash a subpoena (posted below) in McDaniel v. Cochran in Jones County Circuit Court.  The McDanied campaign faxed a subpoena for records to the circuit clerk.  Needless to say, that did not go over too well as it violated some rules of civil procedure. Rules of service of process, ten days..... need we continue?




22 comments:

Anonymous said...

Tyner pulled this stunt in multiple counties, not just Oktibbeha. They even faxed the SDTs to clerks offices that are nearby Tyner's offices in Jackson. Many clerks assume that Tyner is trying to backdoor access to personal voter data through use of subpoenae (spelled correctly) given that he got his @$$ handed to him when he tried to get access through the candidate review process. At some point their tactics go from being questionably strategic to simply incompetent and stupid.

Anonymous said...

Tyner and McCrazy have gone way past incompetent and stupid. They are running wild and crazy and will continue to do so until the Judge reels them firmly in.

Anonymous said...

Tyner is rated AV by Martindale-Hubbell. That is proof that a high rating can be bought.

He is beyond incompetent; he is truly stupid.

Anonymous said...

Geoff Pender wondered if, for political reasons, the judge would deny Cochran's motion to dismiss.

http://www.clarionledger.com/story/news/politics/2014/08/23/mcdaniel-wait-late-file/14519505/

If that is true, then perhaps the judge would also be influenced by the way the plaintiff is prosecuting their case and swing back the other way. Seems like lawyering this bad lessens your client's opportunity to get the benefit of the doubt.

Anonymous said...

"Tyner is rated AV by Martindale-Hubbell. That is proof that a high rating can be bought."

Buying has nothing to do with it. If you've practiced a while and can get lots of lawyer pals to say how great you are, you can get an AV rating.

Anonymous said...

The motion to dismiss is going to be granted if the Judge follows the law. And yes, you do lose a lot of credibility before judges when you lawyer this poorly. Certain attorneys known by judges to be trustworthy get relief quicker than shabby attorneys who have to be double checked to determine whether they know what they are doing.

Anonymous said...

Would love to be in the Jones County Circuit Clerks office Friday to see how many of the 46 CCs show up with the ORIGINAL requested information requested by Tyner. (cricket, cricket)

Anonymous said...

Calling their work "sloppy" is a gross understatement. It's incompetent and malpractice.

Seriously, this guy (and his "team") wants to be our leader ? If this is any indication of the qaulity of his work,thank God he lost the election.

Faxing a subpoena and thinking that's proper service of process ? Seriously ? Even law students know this isn't proper.

Using unsworn/unauthenticated Incident Reports and Facebook posts as "evidence", being unable to actually count votes, your lawyer admitting he and his wife are some of the illegal crossover voters who broke the law, your lawyer claiming his and his wife's votes are private but the votes of the rest of the citizens of MS are not, not knowing the deadline to file a contest when you yourself are the chair of the Senate elections committee in charge of writing and knowing these rules, not knowing the statute was amended from a "forwith" deadline to a "10 day" deadline when that amendment was passed by the committee of which you are the chair, moving to enjoin people or entities that are not a party to the suit, etc. Let's see, what else ? Alleging there is fraud but yet having no proof of fraud, alleging vote buying but having no proof of vote buying, submitting perjured testimony to the judge but not telling him that testimony has since been recanted which is fraud on the court, citing the judge to the staute saying the contest could be filed "forthwith" when you know (or should know)the staute has been amended and requires the contest to be filed in 10 days which is another fraud upon the court. The list goes on. These guys really are idiots.


Anonymous said...

Page 6 " the subpoena was exercised in bad faith as well in such a manner that unreasonably annoys, embarrasses and oppresses movant to curb abuses. HAHA!!

Anonymous said...

Apparently McD's team cited a C-L interview of Delbert in their legal argument against dismissal. Judge asked attorneys to point him to authority that says the court should do what the SOS thinks.

Love it....

Anonymous said...

Faxing a subpoena and thinking that's proper service of process ? Seriously ? Even law students know this isn't proper.

Can the Circuit Clerks just ignore this crap?

Anonymous said...

Yes, the Circuit Clerks could technically ignore any subpoena not properly served. (But the clerks, like any competent lawyer, out of respect for the court, will still file a Motion to Quash. Such a motion lets the court know why you are ignoring the subpoena.)

Anonymous said...

August 28, 2014 at 11:38 AM

Agree. If a subpoena was faxed to me, I would deposit it in the waste bin and go on with my life.

Anonymous said...

I would have faxed back and said, "I received your subpoena today by facsimile, sending the documents today by owl."

Anonymous said...

The SOS should be sanctioned as well for continuing to talk about crap he obviously knows nothing about. But Dilbert thinks he knows everything, so why shouldn't he just go ahead and run his mouth - its the one thing he does well.

Over this entire election cycle, just like those in the past, he has spouted off 'interesting' comments about elections - oftentimes based only on rumors of what he 'has heard happened' but stated as facts.

Hopefully we only have one more year of Dilbert's reign.

Anonymous said...

Is Hoseman running for Lt. Gov? Who are potentials for SOS?

Anonymous said...

1:27 are you serious?

Delbert is one of the few state wide elected officials who has the wherewithal to manage his office properly. I can only conclude from your "comments" that Delbert didn't say what you wanted him to say or what McDaniel wanted him to say. And for that reason, you believe Delbert to be incompetent. Fax him your complaints. I'm sure he will respond. Geez, you people....

Anonymous said...

No kidding Delbert ROCKS. Best public official ever.

Anonymous said...

1:59, you are kidding, aren't you?

Anonymous said...

How the f*ck do you fax the apparently required Rule 45(C) non party witness fee (including mileage)?

Anonymous said...

4:13pm

PayPal? GoFundMe? Snail Mail check promised to be mailed tomorrow from TeaBagger Patriots? David/Chas Koch will have Newt Gingrich drop off a cashiers check within 30 minutes or it's free? Oops, will ya believe we we didn't think about that? Damifino.

Hotshot fees for delivering hundreds of ballot boxes is a biz opportunity for any redneck with a pickup and a full tank of gas. They won't even have to raise the tailgate. I mean, who's going to look at each box? Is Mack Daniel going to be responsible for acknowledgement of delivery on each ballot box for the chain of custody thingy. This is beyond preposterous.

This challenge has long passed a reasonable examination of the statewide election process in MS. We're so far past the point of embarrassment and humiliation for the Tea Party that I have empathy for the folks that supported the McD idiot on principle in the beginning, only to get burned by his lack of respect for the citizens of this state.

Whatever change for the better in election security that could've come by this challenge has gone by the wayside. There is nothing amusing about this travesty. No silver lining, other than there will be no possible voter remorse over voting for anyone but McDaniel. It's just a bad joke being told over and over.

Anonymous said...

As a lawyer, maybe I need to take lessons from Tyner in Hutzpah because I don't know how he does it, even getting paid like he is by McCrazy and all those money wasting, fiscally irresponsible tea baggers paying his fees. He better make enough money to make up for hid Statewide loss of credibility except among the ignorant and undereducated.

Suscribe to latest on JJ.

Recent Comments

Search Jackson Jambalaya

Subscribe to JJ's Youtube channel

Archives

Trollfest '09

Trollfest '07 was such a success that Jackson Jambalaya will once again host Trollfest '09. Catch this great event which will leave NE Jackson & Fondren in flames. Othor Cain and his band, The Black Power Structure headline the night while Sonjay Poontang returns for an encore performance. Former Frank Melton bodyguard Marcus Wright makes his premier appearance at Trollfest singing "I'm a Sweet Transvestite" from "The Rocky Horror Picture Show." Kamikaze will sing his new hit, “How I sold out to da Man.” Robbie Bell again performs: “Mamas, don't let your babies grow up to be Bells” and “Any friend of Ed Peters is a friend of mine”. After the show, Ms. Bell will autograph copies of her mug shot photos. In a salute to “Dancing with the Stars”, Ms. Bell and Hinds County District Attorney Robert Smith will dance the Wango Tango.

Wrestling returns, except this time it will be a Battle Royal with Othor Cain, Ben Allen, Kim Wade, Haley Fisackerly, Alan Lange, and “Big Cat” Donna Ladd all in the ring at the same time. The Battle Royal will be in a steel cage, no time limit, no referee, and the losers must leave town. Marshand Crisler will be the honorary referee (as it gives him a title without actually having to do anything).


Meet KIM Waaaaaade at the Entergy Tent. For five pesos, Kim will sell you a chance to win a deed to a crack house on Ridgeway Street stuffed in the Howard Industries pinata. Don't worry if the pinata is beaten to shreds, as Mr. Wade has Jose, Emmanuel, and Carlos, all illegal immigrants, available as replacements for the it. Upon leaving the Entergy tent, fig leaves will be available in case Entergy literally takes everything you have as part of its Trollfest ticket price adjustment charge.

Donna Ladd of The Jackson Free Press will give several classes on learning how to write. Smearing, writing without factchecking, and reporting only one side of a story will be covered. A donation to pay their taxes will be accepted and she will be signing copies of their former federal tax liens. Ms. Ladd will give a dramatic reading of her two award-winning essays (They received The Jackson Free Press "Best Of" awards.) "Why everything is always about me" and "Why I cover murders better than anyone else in Jackson".

In the spirit of helping those who are less fortunate, Trollfest '09 adopts a cause for which a portion of the proceeds and donations will be donated: Keeping Frank Melton in his home. The “Keep Frank Melton From Being Homeless” booth will sell chances for five dollars to pin the tail on the jackass. John Reeves has graciously volunteered to be the jackass for this honorable excursion into saving Frank's ass. What's an ass between two friends after all? If Mr. Reeves is unable to um, perform, Speaker Billy McCoy has also volunteered as when the word “jackass” was mentioned he immediately ran as fast as he could to sign up.


In order to help clean up the legal profession, Adam Kilgore of the Mississippi Bar will be giving away free, round-trip plane tickets to the North Pole where they keep their bar complaint forms (which are NOT available online). If you don't want to go to the North Pole, you can enjoy Brant Brantley's (of the Mississippi Commission on Judicial Performance) free guided tours of the quicksand field over by High Street where all complaints against judges disappear. If for some reason you are unable to control yourself, never fear; Judge Houston Patton will operate his jail where no lawyers are needed or allowed as you just sit there for minutes... hours.... months...years until he decides he is tired of you sitting in his jail. Do not think Judge Patton is a bad judge however as he plans to serve free Mad Dog 20/20 to all inmates.

Trollfest '09 is a pet-friendly event as well. Feel free to bring your dog with you and do not worry if your pet gets hungry, as employees of the Jackson Zoo will be on hand to provide some of their animals as food when it gets to be feeding time for your little loved one.

Relax at the Fox News Tent. Since there are only three blonde reporters in Jackson (being blonde is a requirement for working at Fox News), Megan and Kathryn from WAPT and Wendy from WLBT will be on loan to Fox. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both and a torn-up Obama yard sign will entitle you to free drinks served by Megan, Wendy, and Kathryn. Get your tickets now. Since this is an event for trolls, no ID is required. Just bring the hate. Bring the family, Trollfest '09 is for EVERYONE!!!

This is definitely a Beaver production.


Note: Security provided by INS.

Trollfest '07

Jackson Jambalaya is the home of Trollfest '07. Catch this great event which promises to leave NE Jackson & Fondren in flames. Sonjay Poontang and his band headline the night with a special steel cage, no time limit "loser must leave town" bout between Alan Lange and "Big Cat"Donna Ladd following afterwards. Kamikaze will perform his new song F*** Bush, he's still a _____. Did I mention there was no referee? Dr. Heddy Matthias and Lori Gregory will face off in the undercard dueling with dangling participles and other um, devices. Robbie Bell will perform Her two latest songs: My Best Friends are in the Media and Mama's, Don't Let Your Babies Grow up to be George Bell. Sid Salter of The Clarion-Ledger will host "Pin the Tail on the Trial Lawyer", sponsored by State Farm.

There will be a hugging booth where in exchange for your young son, Frank Melton will give you a loooong hug. Trollfest will have a dunking booth where Muhammed the terrorist will curse you to Allah as you try to hit a target that will drop him into a vat of pig grease. However, in the true spirit of Separate But Equal, Don Imus and someone from NE Jackson will also sit in the dunking booth for an equal amount of time. Tom Head will give a reading for two hours on why he can't figure out who the hell he is. Cliff Cargill will give lessons with his .80 caliber desert eagle, using Frank Melton photos as targets. Tackleberry will be on hand for an autograph session. KIM Waaaaaade will be passing out free titles and deeds to crackhouses formerly owned by The Wood Street Players.

If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!

This is definitely a Beaver production.

Note: Security provided by INS
.