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

Missing Posts: If you have a link to a post that's not here or are looking for posts from Summer of 2010, check this page.

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Legal Authority for Odd Propositions (Missouri and, updated, New Jersey divisions): “The people of this state are not idiots.”

“The people of this state are not idiots.”  State, on Inf. McKittrick v. Wymore, 345 Mo. 169, 184, 132 S.W.2d 979, 988 (1939); see State v. Winne, 21 N.J. Super. 180, 225, 91 A.2d 65, 87 (Ch. Div. 1952) rev’d on other grounds, 12 N.J. 152, 96 A.2d 63 (1953) (“The people of this State are [...]

Today’s Mississippi lawyer internet scam is the cancelled Automated Clearing House transfer…

… which involves an odd email from what appears to be a small Jackson law firm with the subject line:  “Cancelled Automated Clearing House Transaction” and a text purporting to tell me that such a transfer from my “online bank account” (no account specified) “was cancelled by the Electronic Payments Association.”  There follows information [...]

Complete returns for the Third Circuit judge race, and some notes on what changed between the general election and the run-off

Here are the returns for the Third Circuit Court run-off election yesterday.

  Byers   Luther     Number Percentage Number Percentage Benton 239 29.65% 567 70.35% Calhoun 230 16.56% 1159 83.44% Chickasaw 760 39.62% 1158 60.38% Lafayette 615 18.72% 2671 81.28% Marshall 1555 49.02% 1617 50.98% Tippah 202 7.59% 2460 92.41% Union 116 [...]

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I have total returns for all counties (from the Daily Journal), and county returns for Chickasaw County (from the Chickasaw Daily Journal) and Lafayette County (obtained by me from the Circuit Clerk).  I do not have returns for Marshall, although I have been reliably informed that Kelly Luther carried that county, Benton, Calhoun, Tippah, [...]

Today: Vote in the Third Circuit Court judicial runoff in North Mississippi

Update: VOTE TODAY, TUESDAY NOVEMBER 25th!

Folks in the following counties have an important judicial election tomorrow:  Lafayette, Benton, Calhoun, Chickasaw, Marshall, Tippah, Union.  The candidates on the ballot are Kelly Luther and Shirley Byers.  I have previously posted about Shirley Byers’s prior experience as a judge.

I am supporting Kelly Luther.  He has [...]

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 [...]