I am Tom Freeland, a lawyer in Oxford, Mississippi. The picture in the header is my law office. I'm on Twitter as NMissC

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BlogRoll

Congress gave the President the authority to “Establish[ ] national immigration enforcement policies and priorities” and that’s what Obama did

The quote in the title is the full text of 6 U.S.C. § 202(5).

Executive discretion– the most familiar example being prosecutorial discretion– is a bedrock concept of our law.  The executive cannot pursue every case, and so they have the authority, often explicitly granted by statute, to select what cases to pursue.  It is not [...]

Remember that lawsuit by the Sons of Confederate Veterans?

That memorial lawsuit by the Sons of Confederate Veterans seems to have gone nowhere.  They got issued a summons for a Rule 81 hearing (what were they seeking, a divorce?) for a hearing that was never actually scheduled, and a lawyer appeared for the University, and then…  nothing.  Not even a return on the [...]

Third Circuit Judicial Race, Part 1: Judge Byers, the First Amendment, and Due Process of Law

I.

There’s a runoff in the Circuit Court race in the Third Circuit Court district.  That encompasses Tippah (Ripley), Benton (Ashland), Marshall (Holly Springs), Lafayette (Oxford), Union (New Albany), Calhoun (Pittsboro) and Chickasaw (Houston / Okolona) Counties.

The run-off is between Shirley Byers and Kelly Luther.  Luther’s credentials are ones [...]

Daily Journal article on Shirley Byers being sanctioned by the Mississippi Supreme Court

Bobby Harrison has an article in the Daily Journal about the Third Circuit run-off that focuses on Shirley Byers having been reprimanded by the Mississippi Supreme Court for wrongfully jailing a reporter.  The article doesn’t fully spell it out; she was reprimanded for a number of violations of the canons of judicial ethics in that [...]

Small World: Steve Hayne crops up as business associate and friend of Cecil McCrory, indicted in Epps kickback

Emily Le Coz has a good article outlining the career and businesses of former legislator Cecil McCrory, who was indicted for kickbacks to DOC head Christopher Epps this week.  One name that cropped up:  Steve Hayne.  Yes, the same Steve Hayne who for years was the go-to pathologist for law enforcement seeking…  uh… creative [...]

Results in the Third Circuit Judge Race

Benton Calhoun Chickasaw Lafayette Marshall Tippah Union Byers 774 1263 1986 3848 3567 1082 1566 Jones 496 327 182 1711 2500 603 595 Luther 506 1494 1493 2771 881 2598 3060 1776 3084 3661 8330 6948 4283 5221 Total percentage Byers 14086 42.3% Jones 6414 19.3% Luther 12803 38.4% Oxford Byers 2388 Jones [...]

Here is the indictment unsealed against Christopher Epps

Here it is.  Thanks to John Pittman Hey for linking it.

Miss. DOC commissioner Chris Epps resigns– and prison call phone scams are connected…

One of the more repulsive aspects of representing folks who are held in state jails is dealing with the private telephone services that contract with those jails. Family, lawyers, and anyone trying to communicate with inmates find themselves dealing with companies that just seem to be running a scam– rates several orders of magnitude [...]

“Shiny objects have no place in the law.”

While you await my discussion of the McDaniel election contest opinion, I will direct your attention to Anderson’s quotation and discussion of the Tea Party response. The response contains the sentence quoted in the title of this post. While I cannot explain its meaning, I make some notes about the recurrence of warnings about [...]

Does today’s MissSupCt sentencing opinion preview part of McDaniel opinion?

In the oral argument for the McDaniel senate election challenge, Justice Coleman’s questions were all directed to a extraordinarily narrow view of appropriate statutory construction, a view that seemed to go to the point of refusing to make sense out of what the legislature had done and applying a restrictive and extremely literal approach. [...]