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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Hood to challenge releases of pardoned prisioners based on lack of 30 day notices for the pardons

Attorney General Jim Hood is apparently going to seek an injunction to stop the release of pardoned prisoners, and he’s apparently going to argue about the notice provision in the state constitution. Cottonmouth has noted that the Sun Herald has online the legal notices; they can be found here, and here’s one of them:

Public Notice Harrison Ernest Scott Favre will be applying for a full pardon 30 days from this posting for the crime(s) of DUI Causing Death committed on July 20, 1996 charged in this county and has lived a law abiding life since the crimes, forgiveness is sought. If there are objections to the granting of this pardon, please contact the Parole Board by phone at (601) 576-3520, or fax at (601) 576-3528. ADV3x30 1477294

This ad ran January 3rd! ¬† The constitutional provision says that “no pardon shall be granted until the applicant therefor shall have published for thirty days, in some newspaper in the county where the crime was committed, and in case there be no newspaper published in said county, then in an adjoining county, his petition for pardon, setting forth therein the reasons why such pardon should be granted.”

So Governor Barbour could not enter this pardon until thirty days after that January 3rd advertisement, and he can’t issue a pardon then because he isn’t governor any more. ¬†Right?

This is all bringing to my mind the facts in Marbury v. Madison.

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