Miss. S. Ct. finds Weill off-balance & in need of realignment

The Court today said it was denying all of the Hinds County Public Defender’s Office’s motions, but the actual result is more favorable to the HCPDO. First, the Court holds that Judge Weill had no basis to exclude Kelly from his courtroom for his perception of her “incompetence”: Continue reading

Appellate tip of the day: appeal difficult to win if you won’t file appellant’s brief

Kim Wade (Waaaaaade?) was irked that the Mississippi Real Estate Commission suspended his broker’s license for 90 days, and appealed to Hinds circuit court. But then Wade wasn’t happy with the state of the hearing transcript. The circuit court denied his motions and told him to file his brief by a deadline, which he did not do. His appeal was then dismissed, and he appealed the dismissal. The Court of Appeals found he wasn’t given timely notice, and remanded. A new deadline was issued, but “Wade still refused to file his brief because of disagreements he had with the record before the circuit court.” Appeal again dismissed; dismissal again appealed.

Today the Court of Appeals affirmed.

Here, Wade willfully failed to file his appellant’s brief after receiving proper notice. This is a serious deficiency that may result in the dismissal of the case. The failure of the circuit court to resolve the disagreement over the record to Wade’s satisfaction was not sufficient grounds for him to refuse to file the required brief. The failure of the circuit court to grant any motion to correct the record is a matter that may be considered as an issue on appeal. But we must examine this appeal based on the circuit court’s decision to dismiss the case due to Wade’s refusal to file a brief. We find that the circuit court did not abuse its discretion in dismissing Wade’s claim with prejudice. Hence, we affirm.

“I refuse to participate” may work when a parliament is trying to form a government. It’s not an effective appellate strategy. If the trial court or appellate court denied your record-related motions, apparently “that may be considered as an issue on appeal” (no new notice of appeal required, presumably). But don’t boycott your own appeal. TBA wouldn’t have thought it necessary to tell anyone that, but apparently, yes.

Miss. federal district courts propose changes to local rules

Click here for the exciting details. Comments due by July 1. Some highlights:

  • motions (not memorandum briefs) limited to 4 pages, no citations/arguments;
  • pre-removal discovery deemed served as of date of case mgmt. conference (except, for some reason, for Rule 34 requests);
  • parties no longer allowed to have smartphones in court.

Someone at the courts is also really up on the PlainLanguage.gov version of the shall/will distinction.

New judges, retired judges, deceased judges, etc.

The April 2015 newsletter from the Miss. S. Ct. is now online. The last page gives cap bios of nine new judges around the state, which is helpful for those of us wondering about who’s hearing our motions, etc. Also various obituaries & retirements, the Tallahatchie County Courthouse renovation, and other news.

We share a deep thought on Zen

If nothing is anything and everything is nothing, are so many sutras really needed to tell us this? Subhuti managed with a flower

(If this post leads you to satori, plz share in comments.)

INSERT SPURIOUS CLAIM ABOUT OSAMA BIN LADEN HERE!

So, Seymour Hersh has drawn mucho skepticism for his article about the CIA’s supposedly assisting in the coverup of Pakistan’s shielding Osama bin Laden with Saudi aid. Sometimes Hersh hits, sometimes he misses. We’ll see which this one was.

But, one scoop that Hersh missed, came to my attention when I gave my nephew a copy of Dune for his birthday and took a notion to reread the book myself. The hero, Paul, receives a secret name when he’s accepted by a Fremen tribe: Usul. Which means “the base of the pillar.” Which is a translation also of “al-Qaeda.” Makes ya think, don’t it?

(This is actually old news, but then, we can’t all be as inventive as the London Review of Books.)

3d sitting of Miss. Ct. App. is up

Posted here. We note oral argument in the case of Dr. Molleston v. River Oaks; the doctor’s name rang a bell. Any details on cases? Please tell us in comments!