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

McDaniel reply brief in the election contest has been filed

There are not many surprises.  Most of the brief is an argument that Kellum, the case holding there is a 20 day deadline, is not the law.  The brief argues that it is not the law because the statute it construed has been repealed, because the reenactment of the statute materially changed it, and because, contrary [...]

Marshall Ramsey: McDaniel and McJournalist Charles Johnson vs. Jim Hood

Mississippi Supreme Court servers jammed up? More minutiae about the McDaniel election contest

Last night, I spent over an hour trying to download the Cochran response, and got nothing.  I could download the attachments, quickly, but not the brief.  I complained on Twitter, and almost immediately a friend, who could get it on his phone, sent it to me by email.

Apparently, the McDaniel campaign had the [...]

Cochran’s brief has been filed…

Here is the Cochran brief

I’ve read through it, and my views of how this comes out have not really changed.  Nothing new– the essential points are the same:  1) The Kellum case says that the statute, read as a whole, has a 20 day deadline for filing the contest; and 2) The statute has not [...]

McDaniel-With friends like this… Alt title: “I would have written a shorter letter, but I did not have the time.”

The title quote is from a letter from Pascal.

The time deadlines in the McDaniel case are mighty tight.  Cochran’s lawyers (new ones keep appearing on the Supreme Court docket with regularity) have less than a week to file their brief, and so when I saw they’d sought additional pages, I thought of the [...]

Even the Mississippi Supreme Court wants a friend: more from the McDaniel appeal

Well, this might be annoying to the McDaniel legal team.  Not only did the court (through an order by Justice King) agree to allow the amicus brief to be filed, which I’m sure pleased the McDaniel folks, the court also granted the amicus request to participate in oral argument.

Which will come out of [...]

Chris McDaniel has a friend, who thinks Bush v. Gore will help McDaniel win.

The Conservative Action Fund, through Thomas A. McKnight, Jr. of the law firm Wallace, Jordan, Ratliff & Brandt, LLC in Birmingham, has asked to file an amicus brief on behalf of Chris McDaniel in the Mississippi Supreme Court.

The brief states that the CAC’s mission is to protect the right of big donors to give unlimited [...]

An oddiment in McDaniel’s brief: Gunn is not legitimately in office if Cochran’s argument is right.

Phillip Gunn is Speaker of the House.  A key point of contention is the impact of an election contest between he and Jep Barbour that the Mississippi Supreme Court decided in 2004 that centered around the state elections of 2003.

Obviously, Gunn has fully served the term he won in that case, along with another term and [...]

Here’s the McDaniel’s brief

The brief was filed today.  I’m reading through it, but it’s slow going.  First, I’m not sure whether it’s incredibly boring, or I’ve become bored with this dispute.  Second, it is incredibly redundant, says the same thing over and over, and continually repeats itself.

I’m reading through it and will probably post more when [...]

Mississippi Supreme Court’s opinion in Carrothers v. State: Important case on experts & reliability of eyewitnesses

On Thursday, the Mississippi Supreme Court released an important decision in Carothers v. State, the core of which involved the admissibility of an expert witness the defendant offered on the science of the unreliability of eyewitness identification testimony.  The majority opinion, by Chandler, rejects admission largely on the theory that the expert did not observe the [...]