Friday, February 17, 2017

Karl Banks will get his day in court

Karl Banks is down but not out.  Special Circuit Judge Henry Lackey breathed new life into the former Madison County Supervisor's election challenge Wednesday.  Mr. Banks lost his seat when David Bishop beat him by a grand total of two votes in the November 2015 general election.  Mr. Banks contested the results in court.  Judge Lackey  ruled that Mr. Banks is entitled to a trial by jury.  This correspondent wished for a trial by combat but unfortunately, the Mississippi Code does not currently allow for such niceties.  Judge Lackey stated in his opinion:




The Petition/Complaint of Banks protests the Commissioners alleged refusal to count the ballots of four (4) individuals and its alleged failure to include the result of twenty seven (27) affidavit ballots. Banks contends if these ballots had been included in the vote total he would have been the victor by either one (1) or possibly three (3) votes. These 31 ballots were the only ballots challenged by Banks in his Petition. Banks made no allegations in his Petition/Complaint of fraud or wrongdoing.

This Court granted the parties permission to inspect the Ballot boxes and to have others present as witnesses. This was accomplished.....


Bishop filed a Cross-Complaint and put in issue an additional 14 ballots, therefore the Court  considered the 31 votes raised by Banks and the additional 14 votes raised by Bishop making a total of 45 ballots which the Court considered. Bishop contends even if Banks allegations are correct, which he does not, but assuming they are, there is no way Banks can show mathematically that he received the highest number of votes cast. This is the gravamen of the dispute...


I am convinced there never has been and never will be a perfect election conducted as long as it is managed and supervised by humans. The best we can do is to be certain as best we can that the will of the people has not been frustrated.

THEREFORE, the Court is of the opinion that this matter should be immediately tried with the benefit of a jury limited to the issue of the questions raised by the parties as to the validity and inclusion of the 31 Ballots raised by Banks and the 14 Ballots raised by Bishop.


28 comments:

Anonymous said...

Will the jury have to be unanimous? What will they actually be deciding? What if the jury cannot reach a unanimous decision? If the jury is "hung" will another trial be ordered? These questions from a very non-attorney type.

Anonymous said...

in civil trials...generally its 9 out of 12 in circuit court or 5 out of 6 in a county court...so not unanimous....

if it is hung....it can be retried

how can a jury be expected to rule on an issue the election commission and the judge couldn't rule on?

what are the "factual" issues to be decided?

Is this an actual vote? Is this an affidavit?

Anonymous said...

It will boil down to affirming the election or requiring a new one. No way they can pick and choose from the ballots in question.

Anonymous said...

If the jury votes 9 in favor of Bank's argument, he would be declared the winner of the election. Anything less, Bishop is supposed to retain the position.. He was certified the winner and is challenging, so Banks has to convince jury that certain ballots should or should not have been counted, and show what the result would be if they were counted as he thinks the law requires.

Its a hard row to hoe. First, getting the jury educated on what the law is and how the process works is a big deal. Then convincing them why the ballots were supposed to be counted according to that law. But then there is always jury nullification - jury voting on emotions rather than facts presented and law.

Why the legislature requires general election contests to go to a jury with primary elections being heard by a judge without a jury is a great question. Hopefully the legislature will address that this year with a bill that is still alive.

But going back to the first part of this answer. it is supposed to be that the jury decides either Banks won or Bishop won. But it doesn't always come out that way - while not in the law, they might decide that they can't determine the proper answer and a new election be called.

Pass the popcorn. With this and the crazy Linda Brune and her 'counsel' redheaded Charlotte Reeves, its gonna be an interesting spring in Madison County.

The Buzzards Are Circling.. said...

It will not come down to facts or votes or election commission decisions or Lackey's commentary or two voters or three or 20 or 16.

It will come down to black and white and the composition of the jury. If the election commission and Lackey are confused and scratching their collective heads and balls, you can look for a Madison County jury to vote based on skin color. Just you wait til Banks and his crowd find out who is finally seated.

Oh.....did I forget to mention the Madison County bag-man and the brown envelopes that will fall from the money tree in order to get him back in the engineering business?

Anonymous said...

2:26

You haven't seated a Madison county jury.....ever I'd say.

Anonymous said...

2:26 the man you are referring to will not have 3 votes, regardless if Banks goes back on the BOS.

Anonymous said...

This will be a real mess and jury selection is everything.

The Buzzards Are Circling 2.. said...

If you think Rudy will not have three votes, with Banks seated, you're a fool.

No, I've never 'seated a jury', but I've seen at least twenty seated in the Canton Courtroom. It's a circle jerk of a grand cluster fuck. Chicken boxes for everybody seated and popcorn for the gallery.

Sequestration is out of the question, so somebody should assign a deputy to each of the 12 houses if they can figure out where the jurors stay.

Banks and Rudy and Espy are big time important up here in MadCo, boys and girls.

Anonymous said...

2:26, the election commission, nor is Judge Lackey, scratching their heads about what the facts are. At least not the majority of the current election commission - the last one that followed Dorsey Carson's every move even to the point of illegality and changing documents - wouldn't have an idea of what the facts or the law was Or care.

The question here is not what should or shouldn't be counted, although Dorsey Carson and crew are trying to make new law and count things that the statute says don't count. That's not hard, but obfuscation is always the friend of a crappy lawyer.

Anonymous said...

Kingfish you are in luck!!

http://fightstate.com/mutual-combat-law-in-washington-lets-two-people-have-a-consensual-streetfight-if-cops-referee/

Anonymous said...

"Crappy Lawyer"? He managed to score a win for Rudy didn't he? Got his house painted, some new tile in the kitchen and a trip to Destin.

Anonymous said...

4:07 pm

Crappy lawyer....

Awwwww

Somebody is jealous....

That's cute

Anonymous said...


What does Bishop say about this news?

Anonymous said...

I haven't been called for jury duty in over 20 years. This is one panel on which I would love to be seated. Who do I contact?

Anonymous said...

9:40 pm From age 21 until my mid 60's when I had to beg off due to health issues, I was called to jury duty every time enough years had passed to make me eligible again.
My spouse and now grown children also get called to serve when eligible.
We fulfill our civic duty no matter how inconvenient.
I have to wonder if your behavior or obvious biases or attempts to get out of serving as a juror caused you to be put on a " do not call " list.

Anonymous said...

2:24 Manuscript from February 17th----

Pete Perry, I would recognize your rambling drivel anywhere. Did your fat ass get banned from Hinds County and decide to come slithering around in Madison County? You certainly have a wierd way of getting your jollies. As for Brune, how is she connected to Banks' election? Are you being given a little pocket change to join the minions in trashing the woman who hasn't been found guilty of anything or are you trying to join the Ben/Matt/Minion group who has not much else to do?

Anonymous said...

question for lawyers out there (75% of the readers of this blog) do you ever get called for juries?

Anonymous said...

@6:08 AM

9:40 PM here. I too was called numerous times to serve while living in Hinds County. Upon moving to Madison County in 1997 I was called to serve within six months. The case was a murder trial in which the defendant plead guilty to manslaughter the day the trial started. I have also been subject to call on Federal juries on 3 different occasions. Since that call in 1997 I have not been called, not once, in Madison County. I have voted in every election in which I am eligible. I can't imagine what behavior I have exhibited that would preclude me from even being called, unless attending church every Sunday is cause. I have no bias in this or any other case. I made the statement that I would like to serve on this jury because I think it would be educational. I've never heard of one quite the same. So smarta** stick that in your pipe and smoke it.

Anonymous said...

8:38 am

Lawyer.

Yes. I have been called 3 times in the last 5 years. State and Federal.

I wasn't called for 20 years before that.

Never served on a jury though.

Mock tried dozens with panels....it's a unique experience we should all participate in.

Anonymous said...

This topic seems to have people thinking.....

If Bishop gets the boot....and Banks is back....what will happen?

All the changes that took place could be undone.

No more Philette as mini lawyer....? Is Espy back?

Baxter relegated to the back bench (and maybe further since he lives in Hinds County these days....what?)

Oh Sheila is a steady hand though....just all alone.

Steen Banks and Griffin....can they put the band back together?

Anonymous said...

To 9:30 yes they can put the band back together. Gerald Steen has already started with his efforts to do a $16 million bond issue to resurrect the Skinner/reunion interchange. We get rid of Elvis and another corrupt dude steps up. Wonder if Giner Skinner just trying to increase her divorce settlement by seducing Gerald. When Richardson left the BOS Madison County was $10 million in debt. Today over &130 million in debt. Makes Barrack Obama look like a tightwad.

Anonymous said...

Bishop is expendable whether Banks unseats him or Griffin and Steen cut his puppet strings as temporary punishment. The work him like a cheap fishing worm at the end of Trilene ten pound test.

Philette is already scared to death the new threesome is going to boot her. She needs to be shopping that resume regardless.

Anonymous said...

Bishop is Steen's puppet ? Explain that one ...

Anonymous said...

7:14 - If you pay attention up in Madison, you don't need no 'splainin. Who do you think got Bishop to leave the 'honest side of government' (see other thread on Madison County Roads) and join the insurrection of Steen and Griffin to shit-can the professional road study in favor of The Steen Plan? Who do you think got Bishop to run Greer out of town (hint: it was the man who nominated Overby for the Administrator's job and opposed Greer)? Who do you think has Griffin ready to can the lawyer? Who do you suppose got Bishop to agree to hire Karl Allen? Who do you think has convinced Bishop that voters will forget all this crazy spending in three years when re-election time rolls around? The smell of puppet strings in Canton is exceeded only by the smell of sewage.

Can't Understand The Negativism.. said...

I'm not understanding the digs targeted at Trey Baxter, Board President. Well, unless they come from John Howland who would have to have somebody type his post for him.

Baxter, from what I can tell watching all the meetings, keeps a level head and chairs the meetings in a responsible fashion. What's left for him to do. Should he let the meetings run amok and let Griffin and his legion of race-baiters control the meetings? He allows every citizen to speak and recognizes motions, seconds and vote counts and requires Ronnie Lott to re-read unclear motions.

What the hell do you nay-sayers have to object to other than your panties are in a wad either over his election or him remaining as president. Next?

Anonymous said...

Who the literal shit gives a whit about jury duty? This is about dishonest government in Madison County! If Banks returns, we will have dishonest government like we've had for the past twenty years.

If Bishop remains....well.

Anonymous said...

The 'Mayor of Virlilia' has spoken at 6:35. He wouldn't recognize dishonest gubment, apparently, if it ran over him with an asphalt machine.

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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.


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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.

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