The Mississippi Supreme Court rejected Chris McDaniel's petition for a writ of mandamus against the Harrison County Circuit Clerk.
State Senator Chris McDaniel asked the court to order Harrison County Circuit Clerk Gayle Parker to allow him to examine the poll books used in the June 24 runoff in the Mississippi Senate Republican primary. The court said there was "no legal requirement that poll books be included under the contents of the ballot boxes". The court said access to poll books was controlled by the Mississippi Public Records Act and that the clerks "must redact voters' social security numbers, telephone numbers, and date of birth" information before the campaign can inspect, copy,, or reproduce any part of the poll books. There was no dissenting opinion.
Kingfish note: JJ did not post the circuit clerk's response yesterday. It is posted below. It is rather colorful reading. The word "misleads" is used quite frequently.
Thursday, July 17, 2014
Supremes reject McDaniel's petition
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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.
Note: Security provided by INS.
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.
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.
40 comments:
Cue the Thad/Barbour conspiracy rants in 5, 4, 3, 2, 1
That was quick. Wednesday press conference a bit premature?
Can't wait for Tyner, McDaniel and Watson (the cat, the rat, and their dog) to say 9 members of the Mississippi Supreme Court are part of the vast and ongoing conspiracy! Really, though, it is going to take the imposition of Rule 11 sanctions to get these guys to quit making unfounded accusations.
What's a rule 11 sanction?
Cochran loses in Nov. Heard it here first.
Yes, the press conference was premature, and it further demonstrates how disconnected McDaniel and his advisors are to reality. Look at the time line. McDaniel files an "emergency" (keyword) petition with the Mississippi Supreme Court on Monday, July 14. On Tuesday, the Court, acting with, based on my experience, record speed even in terms of emergency petitions, entered an order instructing Parker and the AG to respond by 2:00 pm the following day. So McDaniel had to know that a ruling would hand down this week. Why not postpone the press conference in the interest of damage control. Yes, the press conference was already scheduled, however, knowing how swiftly the Court was proceeding, any experienced campaign staff would have postponed it, especially in light of the fact that McDaniel didn't even plan to attend. McDaniel and his legal team look like amateur fools.
The Cat, The Rat and their Dog need to pay the expenses for the carnival and sideshow they have created.
1:39
Please stay at home in November
Did the full court hear this?
How come only anonymous seems to be the only one(s) with anything to say on this website?
JJ readers wear brown bags over their heads?
Mr. Weir:
Mississippi Rule of Civil Procedure 11(b) provides:
(b) Sanctions. If a pleading or motion is not signed or is signed with intent to defeat the purpose of this rule, it may be stricken as sham and false and the action may proceed as though the pleading or motion had not been served. For wilful violation of this rule an attorney may be subjected to appropriate disciplinary action. Similar action may be taken if scandalous or indecent matter is inserted. If any party files a motion or pleading which, in the opinion of the court, is frivolous or is filed for the purpose of harassment or delay, the court may order such a party, or his attorney, or both, to pay to the opposing party or parties the reasonable expenses incurred by such other parties and by their attorneys, including reasonable attorneys' fees.
The above is not to be construed as legal advice
No way Cochran loses to Childers.
It's truly rare when one gets to laugh this much reading court documents. Titling a section "The Sky is not falling" gave me a good laugh.
Kudos to Tim Holleman. When this is over he should consider a career in writing for late-night comedy.
McDaniel and his legal team ARE amateur fools.
1:21 pm: Do you really thing that sanctions will reign these guys in? McDaniel will no doubt be issuing an email today informing his supporters that: “Last, I mean, This week’s runoff election I mean, Order was a sham, plain and simple . . . . Please, take a moment to contribute to the Election Challenge Fund I mean the Supreme Court Corruption Fund to help me contest this corrupt election Order.”
Kim Wade: yes, the full court heard it, that is what "en banc" means. And some of us have jobs that prohibit us from taking part in political discussions.
Hey Stupid, asking voters to stay home helps Childers.
With apologies to the Tudors who said similarly of Richard III:
"The Cat, the Rat, and Michael their Dog, ruleth all Mississippi under a Pine Log".
Breaking: McDaniel promises to remove RINO Supreme Court justices
Democrats are going to run a freight train through Thad's Webber problem. They already have video of them in DC.
Wait...does the Supreme Court's ruling make Mississippi a judicial hellhole again? Someone alert the U.S. Chamber...
It appears five of the justices didn't vote. Pierce and Dickinson didn't participate and Randolph, Kitchens and Chandler said they weren't voting yea or nay because no exhibits from the lower court were attached to the Petition.
Of the four that did vote, it would appear the count was 4-0.
The comment by the three justices that stayed neutral seems to be reflective of what the McD campaign has been engaging in these past three weeks. All rhetoric and no actual proof.
"The following is not to be construed as legal advice."
Umm...you are posting anonymously.
This just in:
McDaniel was just seen near a press conference...
That is all
Three of the most liberal justices on our Supreme Court ruled on this one.
How many chapters has John Grisham already penned on this, and who will the director pick to play McDaniel?
I read it as 5 - 0, with 2 not participating and 2 in effect saying the record is incomplete and a decision is premature.
En banc means the full court is available to hear the case, not a three-judge panel. Its a devastating loss for Chrissie. Wonder what kind of hissie from Chrissie this time?
156 ever heard of retaliation? and in politics it's dirty - would make a good John Grisham book. if it ain't never happened to you then you don't know how nasty it can be.
143.. would rather have an amateur that looks like a fool - pure innocence towards the crooked political system versus a "wise" old man that is a professional to manipulative tactics due to experience. all start off as amateurs. it's what they acquire through experience and only inhibition will dictate their behavior as they become wiser. In which we have seen the ethical behavior during the last election. Yep - a wise old man and a bunch of youngins' that have grown up in the same environment. .....but that's just my little ole' opinion.
I read it as 5-0 with 3 concurring in result only.
I envision when the tea baggers meet Kim wade it's like when the town folk meet the new sheriff in blazing saddles
Someone go fetch Steffey from his closet at WLBT so he can explain the votes
I read it as 4-3. With the 3 not concurring or dissenting. But 4 is a majority when 2 don't participate.
Is JRA Attorney Zach Taylor one of the 331 Hinds Democrats who voted in the Democratic primary on June 3 and then for Cochran in the GOP runoff June 24th? Say it ain't so!!!
Watson said only three judges heard it but the ruling says en banc - meaning all of them. Need to add $5 to the requested $50 to hire a better lawyer.
3:21 on 7/17, you said "Three of the most liberal justices on our Supreme Court ruled on this one."
Dickinson and Pierce did not participate at all. Randolph, Kitchens and Chandler did not vote because they wanted more information. Only four (4) participated: Coleman, Waller, Lamar and King.
Your interpretation of "liberal" is questionable. King may be liberal and and Waller sometimes writes opinions deemed somewhat liberal. But, Lamar is not liberal and Coleman is ABSOLUTELY NOT liberal.
Coleman wrote the opinion.. Who supported Coleman for office? Thad supporters! Maybe Coleman was fair and impartial, but the appearance of impropriety would suggest Coleman should have recused.
Before anyone accuses me of being a disgruntled McDaniel supporter, nothing could be further from the truth. Anyone challenging an election should have their day in court. If the challenger has no evidence hidden from him/her and then loses the challenge, then justice, hopefully, will have prevailed.
Anyone should have his day in court, but only if there is a legal basis for it. The court's opinion and the briefs in opposition pretty clearly demonstrate a complete lack of a legal basis to request the information being sought by the McDaniel campaign. The law clearly requires the redaction of the information sought. Therefore, there is no right to claim the information. End of case. There are other legal ways to verify the legitimacy of the votes cast. There is no need to divide the court along political lines since the law is clear on this one. It has nothing to do with political orientation.
12:36, you said "Anyone should have his day in court, but only if there is a legal basis for it. The court's opinion and the briefs in opposition pretty clearly demonstrate a complete lack of a legal basis to request the information being sought by the McDaniel campaign. The law clearly requires the redaction of the information sought."
The redaction of information is one of the issues. In your opinion, the "law clearly requires the redaction of the information sought." While state law may be on your side, federal law may not. That is an issue for the MS Supreme Court or the federal court to decide.
You said, "The court's opinion and the briefs in opposition pretty clearly demonstrate a complete lack of a legal basis to request the information being sought by the McDaniel campaign." Well, of course, the briefs in opposition take that position - that's pure advocacy. As to "the court's opinion," 3 justices could not or would not decide due to the need for a Rule 33 conference and 2 justices did not participate. The right thing would have been for the Rule 33 conference to take place, and then the decision might have been 7 against McDaniel's position or the conference might have changed the opinion of 1 or more of the 4 voting against McDanel's position.
1. McDaniel sought no relief under federal law in his petition to the Mississippi Supreme Court. The constitutionality of the Mississippi statutes was not at issue, and federal law was not at issue. The law is clear. That is not my opinion. That is the opinion of the court.
2. The opinion of the court is the opinion of the court because it was the opinion of the majority of the justices participating. The three justices who did not join the opinion did not dissent from the legal holding, but did not believe the case was ripe for a decision. Frankly it really isn't clear that any evidentiary record would matter, since as a matter of law, the poll books aren't part of the ballots or contained in the ballot boxes.
3. As to the briefs of the opponents to the petition, the court clearly sided with the legal arguments and understanding of the statutes advanced in those briefs.
4. I see little likelihood of success for a rehearing. There just isn't a compelling reason for it because the statutes are clear, and a Rule 33 conference will not change that.
5 I would not think that a challenge to the statues under federal law will fair much better since there are other avenues to verify the legitimacy of the votes cast. Which may be why such a challenge was not made in this instance. We shall see if he pursues that course, but it will be a dead end too.
The whole thing seems more like a publicity stunt than a legitimate argument about the meaning of the statues.
Childers only wins in November because 184,000 disenfranchised McDaniel supporters (which by the way IS the majority of Republicans in Mississippi) will not vote for Thad. Childers happens to be much more conservative than Thad ever thought about being. "Anonymous"...you just might want to vote for Thad because of that reason.
So who will Chiders support for majority leader? He could be to the right of Atila the Hun, but if he goes to the Senate as a Democrat, he will keep Harry Reid in power, and it matters not one whit how conservative Childers is. He will have supported the liberal agenda by continuing Reid's grip on the Senate.
Who did he support for speaker? Pelosi, right? So we already pretty much know how he will vote on the most important vote he will have. The rest of his votes will largely be irrelevant.
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