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

I saw a warranty deed today…

.. in which the description sets out the metes and bounds identifying the property followed by this: “… including and excluding [another metes and bounds description], consisting of a one acre tract that is [a statement about what is on the one acre tract].”

Will someone please tell me what could possibly have been [...]

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“Don’t know much biology…”

Today’s Supreme Court cases brought two songs to mind, one apparently intentionally and the other less so.  The later was from Justice Scalia’s concurrence in the DNA/patent case (which I was glad to see turn out 9-0 that you can’t patent genes found in nature.  Justice Scalia concurred to explain that he was not [...]

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Pepper Crutcher’s new blog: Affordable Care Act Review

Pepper Crutcher at the Balch & Bingham law firm in Jackson has a long-time practice as a management-side labor lawyer.  He’s been making a serious study of employer-side obligations under the Affordable Care Act, and has begun to blog in depth about the subject.

I’ve given it a hard look, and already seen at [...]

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Ethics complaint filed against Fifth Circuit Judge Edith Jones

Update:  Here’s the Compliant against Judge Edith Jones.  In addition to raising issues from her talk at the University of Pennsylvania, it raises the time she told her Fifth Circuit colleague Judge James Dennis to shut up.  The exhibits aren’t included with the PDF i posted, but if you want to here the minute-plus exchange between Judges Jones and Dennis, it’s here.  The tape is better than any transcript would be.

The Austin Chronicle is reporting an ethics complaint filed against Fifth Circuit judge Edith Jones for remarks at a University of Pennsylvania School of Law talk billed as “Federal Death Penalty Review with Judge Edith Jones.”

Those who are familiar with the topic probably thought on reading the title:  Well, that’s going to be a short talk.”

The Chronicle writes:

A complaint filed today by several civil rights groups, including one funded entirely by the government of Mexico, alleges that federal Judge Edith Jones has violated her duty to be impartial and damaged the public’s confidence in the judiciary, in statements she made in a public lecture – including that blacks and Hispanics are more violent.

Indeed, Jones also said that a death sentence provides a public service by allowing an inmate to “make peace with God.”

Jones, who sits on the 5th U.S. Circuit Court of Appeals – based in New Orleans, its jurisdiction includes Texas – made numerous offensive and biased comments during a February lecture at the University of Pennsylvania School of Law, according to the complaint filed pursuant to the federal Judicial Conduct and Disability Act. The complaint, filed by the Texas Civil Rights ProjectAustin NAACP, the League of United Latin American Citizens(LULAC), and the Mexican Capital Legal Assistance Program (among others) alleges that during her talk – billed as “Federal Death Penalty Review with Judge Edith Jones (5th Cir.)” – Jones violated a number of canons of the code of conduct for federal judges.

Continue reading Ethics complaint filed against Fifth Circuit Judge Edith Jones

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Execution of Willie Jerome Manning stayed by Miss. Supreme Court

After two letters from the FBI stating that expert testimony used in the trial of Willie Jerome Manning was inappropriate, the Mississippi Supreme Court voted 8-1 to stay his execution (which would have been at 6:00 PM tonight) pending further development of those facts.

The Mississippi Innocence Project has supported Manning’s effort to obtain [...]

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The Fifth Circuit holds that Scruggs’s guilt of bribing DeLaughter was “overwhelmingly establishe[d]”

We agree with the district court in concluding that the record overwhelmingly establishes the existence of a corrupt bribery agreement between Scruggs and DeLaughter.

Fifth Circuit opinion in United States v. Scruggs

An interesting thing about the post-conviction efforts by Zach Scruggs to set aside his plea in Scruggs I and his father in [...]

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Personally, I’d counsel use of a different word.

I’m familiar with this case, and there is much to blog about it.  For now, this headline is a place-marker.  I’m assuming the reporter who wrote the story, and whose son is a lawyer, was pretty annoyed when she saw this headline.

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Jury returns verdict for the Rigsby sisters against State Farm

Longtime followers of this blog and its predecessor may remember the qui tam suit the Scruggs Katrina Group filed on behalf of the Rigsby Sisters, who were adjustors for State Farm after Katrina.  They alleged that State Farm was fraudulently moving claims from wind damage, which they covered, to water damage, which was covered [...]

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Linda Greenhouse is justifiably afraid of the federalism arguments in the DOMA case

A fascinating passage in Greenhouse’s piece on the DOMA case quotes the lawyer for Wainwright (the state of Florida) in Gideon v. Wainwright, which held that there was a constitutional right to counsel for felony defendants in the state courts:

During the argument on Jan. 15, 1963, a Florida assistant attorney general, Bruce R. [...]

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Adam Liptak’s interesting entrail reading about cert grant votes on gay marriage cases

Adam Liptak of the New York Times has a fascinating speculation about clues from the oral arguments in the gay marriage case about why cert was granted.

A couple of points needed to understand the piece:  First, while it takes five votes to win in the Court, only four are required to get review. [...]

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