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:
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.
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?
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.
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.
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?
2:26
You haven't seated a Madison county jury.....ever I'd say.
2:26 the man you are referring to will not have 3 votes, regardless if Banks goes back on the BOS.
This will be a real mess and jury selection is everything.
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.
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.
Kingfish you are in luck!!
http://fightstate.com/mutual-combat-law-in-washington-lets-two-people-have-a-consensual-streetfight-if-cops-referee/
"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.
4:07 pm
Crappy lawyer....
Awwwww
Somebody is jealous....
That's cute
What does Bishop say about this news?
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?
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.
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?
question for lawyers out there (75% of the readers of this blog) do you ever get called for juries?
@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.
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.
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?
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.
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.
Bishop is Steen's puppet ? Explain that one ...
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.
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?
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.
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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