Tuesday, June 28, 2016

Dr. Smith asks court to remove Jim Hood from office.

Dr. Arnold Smith asked a Hinds County Circuit Court to remove Attorney General Jim Hood in a complaint for Quo Warranto filed yesterday.  Dr. Smith argues that the Mississippi Constitution places the Attorney General under the  judicial branch  and thus Mr. Hood can not serve in the executive branch of state government.

Dr. Smith currently resides at Whitfield.  He was indicted for capital murder in  for allegedly participating in a murder for hire plot to kill Greenwood attorney and power broker Lee Abraham in April 2012.   Two armed men showed up at Mr. Abraham's office on a Saturday night but were met by two investigators from the Attorney General's office who just happened to be armed as well.  A shootout took place.  One would-be assassin was killed and the other was taken into custody. Special Circuit Judge Breland Hilburn dismissed the capital murder charge in 2013. Dr. Smith is represented by attorney William Bell. The case was assigned to Judge Winston Kidd.

Dr. Smith first cites the Mississippi Constitution in support of his claim:

SECTION 173. There shall be an attorney-general elected at the same time and in the same manner as the governor is elected, whose term of office shall be four  years and whose compensation shall be fixed by law. The qualifications for the attorney-general  shall be the same as herein prescribed for judges of the circuit and chancery courts.
The drafters of the constitution aligned the qualifications of the Attorney General with the qualifications "as herein prescribed for judges of the circuit and chancery courts." This alignment of qualifications with other members of the judicial branch clearly shows the intent of the drafters that the Attorney General is part of the judicial branch of government.
It is also argued that Article V "does not establish the Attorney General as an officer of the executive branch of government."   The complaint states that Mr. Hood has to vacate his office if he performs any duties that are considered to be a part of the executive branch.  He cites Article I, Section 2 in support:
 No person or collection of persons, being one or belonging to one of these departments, shall exercise any power properly belonging to either of the others. The  acceptance of an office in either of the said departments shall, of itself, and at once, vacate any  and all offices held by the person so accepting in either of the other departments.
 Remember that arrest of the Hinds County District Attorney last week? Dr. Smith attempts to use it to his advantage.  He charges:

 Agents and employees of Defendant Hood represent themselves as law enforcement officers and investigators,  including  but not  limited to Attorney  General Investigators Tony Green, Larry Ware, Jerry Spell, Charles Rubisoff, Jr., and Leland McDivitt. A true and correct copy of Leland McDivitt 's June 22, 2016 void "Affidavit" against Robert Shuler Smith is attached as Exhibit "A" (showing that Leland McDivitt purports to be a "criminal investigator with the office of the Mississippi Attorney General" who also arrested the District Attorney last week.  

He argues the arrest warrant was "null and void" under the separation of powers doctrine since the Attorney General is a member of the judicial branch of government.  The only remedy is for Mr. Hood to vacate his office since he illegally participated in the executive branch of government.  Dr. Smith also asks the court to bar Mr. Hood and any of his employees from "performing any duties" as an executive branch officer.



Stay tuned.  This will provide some legal porn for the attorneys who read this website.


25 comments:

Anonymous said...

Assigned to Judge Kidd. Buckle up.

Anonymous said...

This should be good.

Anonymous said...

It is very easy to see why Ms. is in the shape it is. A man in Whitfield knows more about the law than our attorney general.

Anonymous said...

I love how attorney will take every sentence of the law a covert the meaning to suit their needed. IOW (In other words)William Bell is combing through every letter of the law to find a loophole for his client Arnold Smith. I'm the extensive law library at Whitfield is helpful to Dr. Arnold Smith. Rave on ole great prefect.

Anonymous said...

At what point does William Bell get charged with grand theft or abusing a vulnerable adult by continuing to take Smith's money for such ridiculous shit? More importantly, when is the bar and/or the MS Supreme Court going to chide him for his "vexatious litigation" tactics?

Anonymous said...

Bell's got a set of balls, I'll say that.

The caption in the complaint made me chuckle: "Jim Hood, who purports to be acting as attorney general."

Dr. Loosely Claimed said...

The only people more deranged than Dr. Smith are those on here who actually believe he has any remote knowledge of this pleading, much less had involvement in it. The closest Dr. Smith gets to reality is glancing out the third floor window and catching a glimpse of a yellow butterfly....being chased by a man with a net.

Kingfish said...

Mr. Bell did his job. He got him off on a cap murder charge when everyone was so sure he'd be convicted. Everything else is gravy.

Anonymous said...

A criminal at Whitfield files a tin-foil hat motion that sounds like a tax protester claiming the 16th amendment was never ratified. Why is this worthy of a post?

Anonymous said...

Exactly, Kingfish.

Anonymous said...

Someone alluded to the attorney screwing the (vulnerable) client. Good pernt. So, assuming the attorney has a legal right to continue claiming to represent the doctor, is the attorney at total liberty to come up with whatever wacky notions he chooses and file them in court papers, and charge the client, and tap the client's account, which one assumes the lawyer controls?

How can an attorney claim such a relationship with a man currently boarding at the State Mental Asylum?

Anonymous said...

How much did Tater pay him to do this.

Anonymous said...

Funny thing though - when I read Judge Weill's order prohibiting RSS from prosecuting cases, I wondered whether there might be a separation-of-powers issue. I note the AG's brief specifically cites caselaw holding that D.A.'s (and the A.G.) are members of the executive branch. That's bad for the crazy doctor but perhaps good for the crazy prosecutor.

Anonymous said...

One more thing worth remembering. Before Mike Moore became Attorney General, the duties of the office were pretty boring - basically handling appeals from criminal convictions and representing state agencies. Moore was way too high- strung to be OK with that, so in short order he convinced the Legislature to drastically expand the powers of the office with things like statewide grand juries for drug cases and elderly abuse prosecution. Under Moore the AG became much more like a DA on steroids. I don't remember anyone ever questioning the constitutionality of all that, but it's not like the AG has had all of these powers since time immemorial.

Anonymous said...

Perfect kind of client for a lawyer in today's economy. One that has plenty of assets, no place to spend his money (I'm told the Whitfield commissary has a limited supply of items) and unable to defend himself from whatever his lawyer chooses to do. Only question is, after a while what can the lawyer do to be able to justify a billing.

Guess this crap is what you get - an outright assault on the Constitution. Of course, even if he were correct in his interpretation, his client would still be guilty, or stuck in the looney bin.

Don't think he could use the defense that the lawyer he hired folks to take out 'needed killin'. Might be true, but doesn't work well in today's appeals court.

Click on The Storefront said...

What body has jurisdiction over an unscrupulous attorney who is simply diddling around and rifling the assets of his insane 'client'? Who hollers STOP and when?

Anonymous said...

A set of balls and knowledge of the law. Good going, William Bell.

Anonymous said...

This was file by Mary Smith, Dr. Smith's spouse and next friend who has power of attorney to do so. She filed on his behalf.

Anonymous said...

11:29 - Please complete your post. Or, here, let me do it for you:

"This was filed by Dr. Smith's spouse at the behest and suggestion of their attorney of record, William Bell, Esq."

dajudge said...

The AG by Mississippi Constitution has all those powers of an AG at common law. Common law in England made the AG the Chief Law Enforcement Officer of the Crown. There you go! That's the rational used to begin granting more law enforcement powers to the AG when Mike Moore occupied the office.

Anonymous said...

Take a real good look around. This aint England.

Anonymous said...

@12:19 (dajudge): Funny, I just looked at the Mississippi Constitution and Section 173 (which creates the office of the Attorney General and is, indeed, located within Section 6, "Judiciary) doesn't say a word about cloaking him with the "powers of an AG at common law." Besides, if the AG really did have all those powers at common law and was already the Chief Law Enforcement Officer of the Crown, then he wouldn't have needed statutory authority to start prosecuting and shooting people.

Look at the Mississippi Constitution and observe all the offices listed first under Section 5 ("Executive"), and then look at those listed under Section 6 ("Judiciary") - which includes both the AG and DA's. I've never really paid attention to the arrangement before, but it's not really that long of a stretch to make the argument Mr. Bell is making.

Anonymous said...

Paging John Grisham for a new series.

dajudge said...

3:20 Read Miss Code Section 7-5-1 grants the Mississippi Attorney General all those power an AG had at common law. This code section is based on interpretation of the Mississippi Constitution

Anonymous said...

Yeah, but those AG powers don't include law enforcement authority as part of common law. Plus, the legislature can't amend the constitution.

Suscribe to latest on JJ.

Recent Comments

Search Jackson Jambalaya

Loading...

Subscribe to JJ's Youtube channel

Who is the hottest reporter?

Archives

Who is the Hottest Reporter in Jackson?

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
.