Jim Craig's World is moving to . . . Ipse Blogit

Rep. Mayo's Report on the Special Session

2009-06-29T14:36:00.000-05:00

We just came back from a recess that started at 12:30. We came in a two, it is now 2:15 and we are taking a break til 4:30.

The House passed its half of the general fund appropriation bills this afternoon and we are awaiting the senate's half of the appropriations.

The Speaker also announced that when we come back at 4 we may have word on a Medicaid solution shortly after that.

The House passed the Education funding bill which included full funding of MAEP as well as the teacher incentives.

Here is the location of the whole bill with an amendment that was added on the Floor

Bill

http://billstatus.ls.state.ms.us/documents/20092E/pdf/HB/0001-0099/HB0049IN.pdf

Amendment

http://billstatus.ls.state.ms.us/documents/20092E/pdf/ham/HB0049_H_Amend_01.pdf

Unless the governor extends the session to Medicaid we will probably be gone sometime tonight.

John

Just a Little Bit Nervous . . .

2009-06-29T08:03:00.001-05:00

I suppose I was the only person in America who didn't know that Billy May's death was the day after a rocky landing on a US Air flight to Tampa. Of course, I learned that while reading today's paper on board . . . a US Air flight. Wonderful way to start the week.

Moving Day

2009-06-22T17:23:00.002-05:00

We're moving this blog to http://ipseblogit.blogspot.com/, which we hope will make it easier for new readers to find.

So please join us at the new Ipse Blogit -- and tell your friends!

Followers, I think you have to re-register at the new site. Sorry!

"Significant federal indictment"

2009-06-22T16:19:00.002-05:00

According to the Jackson Free Press Twitter feed, "Acting U.S. Attorney Stan Harris announcing 'a significant federal indictment' Tuesday at 3 p.m. in Jackson."

Anybody know anything?

Tip of the hat to the Jackson Free Press, obviously, and to Rep. Greg Snowden for the "re-tweet."

Anchors Aweigh!

2009-06-22T12:44:00.003-05:00

WASHINGTON (June 18, 2009) Secretary of the Defense the Honorable Robert Gates, left, administers the Oath of Office to Secretary of the Navy the Honorable Ray Mabus during a ceremony at the Naval Support Activity Washington-Washington Navy Yard. Mabus, the former governor of Mississippi, is the 75th Secretary of the Navy. (U.S. Navy photo by Joseph P. Cirone/Released) (www.navy.mil)

h/t Dorsey Carson via Facebook

"I'm Not Dead Yet" -- Section 5 of Voting Rights Act Survives Attack

2009-06-22T11:40:00.002-05:00

The authoritative SCOTUSblog has an excellent, brief summary of the Supreme Court's ruling today in the Voting Rights Act case that presented the issue, among others, of whether Section 5 of the Act should be "nullified." SCOTUSblog reports:

With only one Justice voting to strike down Congress’s 25-year extension of the Voting Rights Act’s controversial Section 5, the Supreme Court on Monday interpreted the law in a way that saves it. The Court said that all local units of government must be given the option to bail out of the requirement that they get Washington approval for any changes in their election laws or methods.

Chief Justice John G. Roberts, Jr., writing for an eight-member majority in Northwest Austin Municipal Utility District v. Holder (08-322), said that Section 5 has achieved “historic accomplishments,” but “now raises serious constitutional concerns.”

And, he said, while the Court would not shrink from its duty to apply the Constitution to block “legislative encroachments,” the Court also was obliged to decide a case by interpreting the scope of legislation if that route is available as an alternative to striking down the law altogether. That is the option it chose.

My two cents: I can't agree with his assessment of "serious constitutional concerns," but Chief Justice Roberts kept his word on this one. If he continues to follow Justice Brandeis's version of judicial restraint, which requires the Court to give Congress the benefit of the doubt by interpreting laws so that they can be upheld under the Constitution, then the Obama Era will not be threatened by the Bush v Gore Court.

Did someone forget to tell the Governor that the Legislature has reached an agreement on a budget?

2009-06-22T11:08:00.002-05:00

Normally, one would travel from the State Capitol to the Clarion-Ledger building by walking right past the Governor's Mansion:

View Larger Map

But if we're to believe what we're hearing from Haley's foot soldiers, the news of a budget deal must have followed this route:

View Larger Map

In short, it appears as though Haley is going to attempt to deny the existence of a deal in an effort to avoid having to take responsibility for a looming state government shutdown. In all honesty, Barbour wants the budget negotiations to fail, as he sees it as a way to amass power. According to Barbour, he can run state government via his fiat in the event a budget is not passed.

Barbour should know better. This game of budgetary chicken didn't work out well for the GOP during the Clinton Administration, and it won't work this time. Here's why: The general public, on a very instinctive level, views Democrats as the ones who support government services and Republicans as the ones who oppose them. As a result, the public can't envision Democrats willingly shutting the government down and ending state services. They can, however, see Republicans doing so. After all, Republicans get elected to office railing against "big government" and touting private sector alternatives. It's truly that simple.

And if Phil Bryant and Alan Nunnelee aren't careful, they're going to wind up the real casualties of this debacle. Barbour doesn't have to go before the voters of this state again. Bryant's running for Governor, and Nunnelee is setting up a Congressional run. The voters will not look favorably upon a government shutdown on their watch.

Pennsylvania Prosecutor Goes Too Far

2009-06-22T11:05:00.004-05:00

Someone needs to tell former DA and former (unsuccessful) candidate for Pennsylvania Attorney General Bruce Castor, Jr., that the Senate does not, and should not, ask judicial nominees how they will vote in specific cases coming before the court for which they are nominated.

We are, of course, talking about Judge Sonya Sotomayor, the President's nominee for the seat on the United States Supreme Court vacated by retiring justice David Souter.

In a guest editorial written for the Philadelphia Inquirer, Mr. Castor says that "the United States Supreme Court will be reviewing a case of one of the commonwealth's worst." He is referring to Joseph Kindler, who was denied an appeal by the Pennsylvania Supreme Court because he had escaped after his conviction and during the time the conviction and sentence should have been appealed.

The Supreme Court long ago made clear that the right to appeal is an important guarantee that the death penalty is not arbitrarily imposed. So it's no surprise that they've granted review of Kindler's case. Even if Kindler wins, all he gets is a new appeal. He doesn't get set free. He doesn't even automatically get a new trial.

But Mr. Castor is concerned about the memo Judge Sotomayor co-authored (before her 17 years as a judge) as a member of the litigation committee of New York's Puerto Rican Legal Defense and Education Fund (you can read about the memo here, and the memo itself is here).

The Pennsylvania Prosecutor (and doubtless, a potential GOP candidate for some statewide job in the future) says that Judge Sotomayor should be asked specifically how she will rule in the Kindler case:

"What is not clear is how Judge Sotomayor will side on the Kindler case this fall should she be confirmed.

Would Judge Sotomayor side with the Pennsylvania jury, Pennsylvania law enforcement and courts that took a stand against a violent criminal and clear escape risk? Or, will she side against Pennsylvanians and allow a federal court to take a murderous criminal off death row where Pennsylvanians decided he belonged?"

How soon they forget. Does anyone remember when Samuel Alito was nominated? He had written a memo in 1985 for the Reagan Justice Department that said Roe v. Wade was wrongly decided. I guess maybe Republicans conceded that this disqualified him?

Ooops, no. The archives (January 2006) of the Christian Science Monitor report:

For the past two months journalists and legal analysts have been poring over hundreds of Alito decisions issued during his 15 years as a judge on the Philadelphia-based Third US Circuit Court of Appeals. They have also examined memos and letters he wrote while working as a Justice Department lawyer during the Reagan administration. "I am particularly proud of my contribution in recent cases in which the government has argued in the Supreme Court that racial and ethnic quotas should not be allowed and that the Constitution does not protect a right to an abortion," Alito wrote in one letter.

In a 1985 memo, Alito made clear his legal judgment that the landmark abortion case, Roe v. Wade, should at some point be overturned. But he said in the memo that the 1985 case then before the high court was not the right time to push for it. Instead, he counseled his Reagan administration colleagues to urge the court to cut back on abortion protections.

Some Alito supporters have downplayed the papers, saying they were produced 20 years ago when Alito was a young lawyer, and not yet a judge. They urge senators to focus instead on Alito's work as an appeals court judge.

A later Christian Science Monitor story highlights how and why then-Judge Alito did not give more specifics about cases that might present potential constitutional issues:

"He is saying as little as he needs to be confirmed and hasn't made many mistakes that trouble a majority of senators whose votes he needs," says Carl Tobias, a professor at the University of Richmond Law School.

But unlike Chief Justice John Roberts, Mr. Alito did not default to refusing to answer a question because "the issue is likely to come before the Court," he adds. "He has tried to wade in and engage the questions. The answers aren't always as specific as the senators would like, but he can't go too far, either. He'd have to recuse himself."

Maybe Mr. Castor should bone up on constitutional law before he runs his mouth (or for office) in the future. But he probably won't take my advice. Oh well.

P.S.: The Pennsylvania ruling should be reversed by the Supreme Court.

Gerald Holland Appeals From Kafka-esque Hearing

2009-06-22T10:49:00.002-05:00

The Associated Press is reporting today the background of the death penalty habeas corpus appeal in Gerald Holland's case. Holland was convicted of capital murder and sentenced to death, but the sentence was reversed because the jury reached their decision in favor of the death penalty before the sentencing phase of the trial began. (They sent a note to the judge during the break between the phases that said, "We, the jury, sentence Gerald James Holland to death." A bit hard for Holland to re-open their minds at that point.)

The case went back to Circuit Court for a jury to consider only the sentence to be imposed on Holland. The State reintroduced the facts of the crime, and Holland's lawyers tried to rebut this evidence. The defense said that the State had misrepresented the facts. But the trial judge said that the State could have, in essence, a "free shot." They could re-prove their case, but Holland couldn't try to rebut or undermine the presentation made by the State.

The case in now in Federal court on habeas corpus appeal, and the US Court of Appeals for the Fifth Circuit asked specifically for briefing on that issue. The Fifth Circuit said: "The lack of rebuttal evidence makes it much more likely that a jury would find that the state met its burden with respect to that aggravating circumstance. We believe reasonable jurists would find the resolution of this argument debatable."

The AP story, as reported by the Commercial Appeal, is here.

Y'all Politics (here) and State Street Posts (here) were nice enough to give this blogger headline credit for the two cents I gave the AP on the issue.

As the AP (correctly) quoted me:

Jim Craig, a Jackson attorney and blogger who has handled dozens of death penalty appeals, said Mississippi jurors in death penalty cases weigh aggravating factors against mitigating factors to choose between life without parole and the death penalty.

"When the state reintroduced details about the crime as aggravating facts in Gerald Holland's sentencing case, simple fairness demanded that Mr. Holland have the opportunity to rebut those facts," Craig said.

He said while a sentencing jury can't undo a conviction, "they could decide that the state's narrative of the crime wasn't totally true, and that would have affected their sentencing decision."

Budget agreement reached?

2009-06-20T23:30:00.001-05:00

Medicaid agreement reached.
Sent via BlackBerry by AT&T

Rep. Brandon Jones reports progress on wind pool, budget

2009-06-19T17:01:00.000-05:00

Just got this in. Maybe we won't see a government shutdown after all:

June 19, 2009

Dear Friends,

             Moments ago, residents of the Mississippi Gulf Coast got some much needed good news. In his remarks to the Jackson press corps this afternoon, Governor Barbour announced that he has decided to add the additional $20 million Wind Pool appropriation to his budget. As a co-sponsor of the original bill, I can tell you that this has been a long process but after months of debate, both chambers of the Legislature and now the Governor have agreed to re-up their investment in the Gulf Coast. I have already passed along my thanks to the Governor’s office.

            The rest of the budget picture may also be coming into focus. After months of wrangling, some major concessions are being made and conferees report that an overall agreement could be in the offing.

            Yesterday, conferees reported substantial agreements on the General Fund portion of the budget. Today, those same conferees appear to be getting closer to an agreement on Medicaid.

              Despite the progress report coming out of Jackson, this is no time for victory laps. The people of Mississippi deserve a budget yesterday and until one is delivered, there is work to be done.

Twitter

             Yesterday, I started using the networking service Twitter to send brief real time updates of legislative business. This will enable me to provide updates from the floor of the House and to pass along information that becomes available between the posting of my e-mail updates. For those of you who are already using Twitter, my user name is “brandoncjones”. If you haven’t heard of Twitter, you can check out my page at http://twitter.com/brandoncjones or by following the link on my website.

Too Much Reality Is Never a Good Thing

2009-06-19T13:08:00.002-05:00

The Jackson Free Press and WLBT report that Mayor-elect Harvey Johnson, Jr., opposes the participation of the Jackson Police Department on the "reality" show "First 48."

The JFP story quotes the incoming Mayor: "There are a number of things we can spotlight rather than homicides."

I agree with Mayor Johnson, but not so much for the reasons he states. In my opinion, a show dedicated to showing the "first 48" hours of a homicide investigation is virtually begging the police to find a suspect -- any suspect -- in that artificial time frame. The inevitable result? Pressured false confessions, false arrests, lives and reputations ruined, the Constitution shredded.

Now, if we want transparency, let's DO put cameras on our police cruisers and in our detective's hands, and make the record -- start to finish -- the interrogation of any subject. THAT would promote transparency and aid judges and juries in deciding whether a suspect's statement is . . . suspect.

Uneeda Biscuit

2009-06-19T11:58:00.003-05:00

Here's a New Orleans photo, as promised in comments. It's of an old Uneeda Biscuit advertisement as viewed from Bourbon. Click to enlarge:

Legislators on Twitter

2009-06-18T16:40:00.002-05:00

With a budget fight rolling along, some of you may want to follow the tweets of our legislators. I've found the following legislators on Twitter:

Rep. Brandon Jones at brandoncjones
Rep. Greg Snowden at snowlaw
Rep. Becky Currie at becelayne

Anyone know of others? I didn't find any senators at all.

Nightfall

2009-06-18T16:34:00.003-05:00

Click to enlarge:

Huffington Post calls on DOJ to Concede Error in US v Paul Minor

2009-06-18T11:26:00.003-05:00

Just in case our readers don't regularly follow the HP, here's their latest on the Paul Minor appeal. I'm not wild about calling Paul a "political prisoner," but I do think the Government overreached Federal jurisdiction in prosecuting an alleged State crime, and I also think the evidence of a quid pro quo was entirely speculative.

Three Cheers for Hispanic Immigrants to Mississippi!

2009-06-18T11:12:00.002-05:00

U.S. Representative Gregg Harper (R-Miss) has issued the following press release. Does anyone doubt that there are large numbers of Hispanic workers in the poultry industry here? What this proves to me is (as The Economist magazine documented in January 2008) that immigration is a win-win proposition. The immigrants CREATE wealth, and in turn they earn a living. Immigration is not a zero-sum game.

FOR IMMEDIATE RELEASE

June 17,2009

WASHINGTON, DC – U.S. Representative Gregg Harper (R–Miss.) joined the Mississippi Poultry Association to announce that Mississippi’s Third Congressional District leads the nation in poultry production, according to recently released data from the U.S. Department of Agriculture’s 2007 Census of Agriculture.

“Mississippi’s poultry producers should be proud to lead the nation’s competitive agriculture industry,” said Congressman Gregg Harper. “Poultry production provides the Third Congressional District and the State of Mississippi with firm jobs and a steady source of revenue.”

The Third Congressional District, stretching from Woodville to Starkville, includes the bulk of the state’s poultry producing areas generating $1.78 billion in poultry and egg sales. Five additional congressional districts from Alabama, Arkansas, and Georgia topped $1 billion in poultry farm sales.Poultry is Mississippi’s largest agricultural product with $2.44 billion in poultry and egg farm sales. The industry employs approximately 20,000 people on farms, feed mills, hatcheries, processing plants and other related industries with a total $6 billion impact on the state’s economy.

Settlement in Irby civil case?

2009-06-17T18:27:00.000-05:00

Just heard a rumor that Stuart Irby settled the civil suit stemming from the wreck for a total of $70M. Can anyone confirm or deny?

Malcolm McMillin for Lt. Governor in 2011?

2009-06-16T19:29:00.000-05:00

I'm hearing whispers around town that Malcolm McMillin is considering a run for Lt. Governor in 2011 on the Democratic ticket. Thoughts?

Drive-By Truckers live at Hal & Mal's on August 8th!

2009-06-16T14:18:00.000-05:00

Just got word that Alabama rockers Drive-By Truckers will be playing a show at Hal & Mal's on August 8th. No word yet on when tickets go on sale.

As far as my musical tastes are concerned, this is the biggest show there since the Strokes played around 7 years ago.

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What Rule of Evidence Governs This?

2009-06-16T13:45:00.002-05:00

This week's TIME magazine has an excellent and entertaining piece called "Facebook and Divorce: Airing the Dirty Laundry."

Among other things, the article says:

For those who want to connect or reconnect with others, social-networking sites are a huge, glorious honeypot. But for those who are disconnecting, they can make things quite sticky. And as the age of online-social-network users creeps up, it overlaps more with the age of divorce-lawyer users, resulting in the kind of semipublic laundry-airing that can turn aggrieved spouses into enraged ones and friends into embarrassed spectators.

Lawyers, however, love these sites, which can be evidentiary gold mines. Did your husband's new girlfriend Twitter about getting a piece of jewelry? The court might regard that as marital assets being disbursed to a third party. Did your wife tell the court she's incapable of getting a job? Then your lawyer should ask why she's pursuing job interviews through LinkedIn.

Having represented a divorcing spouse who was able to force a settlement because her partner was a bit too "candid" on MySpace, I concur wholeheartedly in the article's warnings. Be careful out there in cyberspace . . .

The Law of Unintended Consequences

2009-06-16T12:38:00.002-05:00

A phenomenon noticed while driving at noon: a front license plate that is meant to read "USM" becomes, in one's rear-view mirror, "MSU" (with the "S" reversed).

Our New Name

2009-06-15T15:30:00.003-05:00

Congratulations to "Graham" (I think I know who you are, but maybe not) for suggesting "Ipse Dixit" as the new name for our blog. In his contest entry, Graham explains: "I have always thought that if I started a blog I would call it "ipse dixit" (Latin legal term for "because I say so," for those scoring at home).

Matt and I adapted the name to "Ipse Blogit" -- "because I (we) blogged so" -- but we are still going to give Graham the "prize" of an evening drinking at the Plaza.

Thanks Graham!

Until we figure out how to change the url, you can still reach IB at http://jimcraigsworld.blogspot.com

Interesting census projection analysis by Dr. Marty Wiseman

2009-06-15T12:10:00.005-05:00

I just found a fascinating blog dubbed Mississippi: Census 2010. I now follow it every way possible and highly recommend it to anyone interested in the upcoming census and what it will mean for politics in Mississippi going forward.

Today, they've posted a piece from MSU's political guru (and father of Starkville mayor-elect Parker Wiseman) Dr. Marty Wiseman. Dr. Wiseman figures that, since the population of the Delta is down, and the populations of GOP stronghold counties like Rankin, DeSoto, and Madison have increased, that the MSGOP will benefit:

So, at this point, what do these numbers mean? First the lines are already being drawn in the battle of the respective parties to save seats for the partisan debates ahead. The Democrats by virtue of their majority position should have somewhat the upper hand, at least as far as the House is concerned. But the census numbers are clearly working against the Democrats on their home turf. The 44% population increase in DeSoto County makes it the 32nd fastest growing county in the nation, and in Mississippi that is seemingly a big gain for the Republicans. Thus, as things currently appear the numbers alone would portend a shift in several districts from Democratic leaning to Republican leaning.

The problem with Dr. Wiseman's idea is that population growth in historically GOP-leaning counties doesn't automatically equal more Republican voters in those counties. I don't have any numbers to support this, and perhaps Dr. Wiseman does, but from my personal observations, the areas of Rankin and Madison that were once havens for white flight (and thereby GOP voters) are now substantially more demographically complex.

There is one area where Dr. Wiseman is dead-on, however:

If the current philosophical battles over the budget are any indication, the war to come over the partisan makeup of the legislature for the decade of 2011 to 2021 will be one for the ages.

Amen.

Kobe Grows Up

2009-06-14T22:01:00.001-05:00

Congratulations to Kobe Bryant and the Los Angeles Lakers for their impressive NBA Finals performance. It is especially good to see Bryant's maturity as a team leader and professional. The long journey he travelled to get to this point -- including his excessive ego-promotion and his poor judgment with the messeuse in Colorado -- evinces the moral bankruptcy of the NBA policy allowing youngsters to skip college or any minor league development and collect millions of dollars before they turn 20. The policy has since been changed to require one year of college, which (as any parent of a collegian can tell you) is no real difference.

But in any event, Kobe Bryant has proved that he has what it takes to provide leadership in the NBA. Congrats to him and the Lakers.

News Flash: She's a Judge, Not a Philosopher

2009-06-12T11:31:00.003-05:00

We are at the "Tower of Babble" stage of the Supreme Court nomination/confirmation process; that place where the pundits and talking-heads are slicing and dicing Judge Sonya Sotomayor's opinions and speeches for some indication of her "judicial philosophy."

The latest such pieces I've read are in the Wall Street Journal's law blog, which sent me to Jeffrey Rosen's analysis for TIME.

Rosen says:

An examination of Sotomayor’s career supports the idea that on the bench, she has been a racial moderate, not a radical. At the same time, her opinions and speeches suggest that her views about race, multiculturalism and identity politics are more nuanced, complex and provocative than either her critics or her supporters have allowed.

Given than Rosen had previously quoted unnamed sources as saying that Judge Sotomayor was “not that smart and kind of a bully on the bench,” this revised opinion is well, "more nuanced and complex" than Rosen's earlier piece.

But wait, there's more. In the TIME article, Rosen writes:

[Judge Sotomayor] appears to be an incrementalist rather than a radical of any stripe. In a survey of Sotomayor’s 226 majority opinions, Stefanie Lindquist, a law professor at the University of Texas at Austin, found that only 38% could clearly be characterized as liberal, while 49% could clearly be considered conservative. When the criminal cases (in which appellate judges are encouraged by Supreme Court precedent to be relatively pro-prosecution) are taken out of the mix, Sotomayor’s record looks about 46% liberal and 36% conservative.

* * * *

But it’s in dissents rather than in majority opinions that appellate judges often reveal their true feelings. Of Sotomayor’s 19 published dissents, only three dealt clearly with racial issues, and they pointed in different directions. Sotomayor does not appear to be an outlier in race cases, although she seems to have no overarching theory about how to decide them.

I've got news for Rosen and the WSJ: Sonya Sotomayor is, well, a judge. Judges decide the cases they have before them, in a sincere (we hope) effort to apply existing legal principles to new fact situations and thereby to resolve disputes. So why, even in dissent, would it matter that Judge Sotomayor's opinions on racial issues "pointed in different directions" and that "she seems to have no overarching theory about how to decide them?"

We liberals can hope that Judge Sotomayor's sympathies lie with the left-out in this country (what the prophets called "the poor and the oppressed"). But we should not expect that she has any "overarching theories" that account for her past opinions.

And lest anyone thinks this is an anachronistic or reactionary position on my part, I would remind you that Justice Brandeis coined the phrase "judicial restraint" and the epithet "judicial activism." Judges do "make law," of course. In our Anglo-American judicial tradition, we recognize that existing legal principles do not solve every case, and therefore have to be changed and molded to meet new issues. We also know that the Framers wrote the Constitution (and the first Congress the Bill of Rights) in self-consciously abstract language (e.g., the prohibition against "cruel and unusual punishment"), so that the original Federalists (John Adams and John Marshall) could use the power of judicial review to apply the language of the document in new and even unforeseen ways.

But for judges to function in a democratic system of government, they must, at the end of the day, allow the people to be sovereign. That means having respect for legislative and executive pronouncements, and also for precedent set by other judges. "Judicial restraint" in the common-law system means that judges "triangulate" the views of the elected branch of government, the precedent of earlier judicial decisions, and the abstract values of the Constitution. It is a fabulous, practical exercise in process philosophy and philosophical idealism (cf Whitehead, Hartshorne, Hegel, Royce) -- but it does not involve the mechanical application of a "judicial philosophy" to make edicts by judicial fiat.

So three cheers for Judge Sotomayor's "incrementalist, nuanced" approach to cases. And three raspberries for the legal pundits. Get a life, guys.

Open thread on 2011 races

2009-06-11T17:06:00.002-05:00

After seeing Jim's comment in the post on Bill Luckett unofficial entry into the 2011 Governor's race, I decided that it's about time for a post on all of the 2011 races. It's still very early, and most potentially viable candidates are still talking about these possibilities only amongst their most trusted confidantes. That being said, if you've heard a name tossed out there for a position, let us hear it.

Here's what I've got thus far:

Governor

Jim Hood (D)
Bill Luckett (D)
Phil Bryant (R)
Delbert Hosemann (R)

Lt. Governor

Phil Bryant (R)
Delbert Hosemann (R)
Billy Hewes (R)
Tate Reeves (R)

Attorney General

Jim Hood (D)
Delbert Hosemann (R)

As you can see, I've heard Delbert's name for everything under the sun. State Auditor Stacey Pickering (R), appears to be looking to make a move, but I don't know where to just yet. Also, nearly the only Democratic name I've heard is Jim Hood. As the only statewide elected Democrat, that makes sense. That's not to say there's a lack of young talent on the Democratic side of the aisle. (Sen. David Baria, Sen. Gray Tollison, Sen. David Blount, Sen. Eric Powell, Sen. Bill Stone, Rep. David Norquist, Rep. Brandon Jones, Rep. Bryant Clark, and Northern District Public Service Commissioner Brandon Presley are just a few of the young Democrats we'll hear from for a long, long time.) It'll probably just take awhile for them to figure out how and if they'd like to continue to serve.

A Modern Saint in Montgomery

2009-06-11T16:53:00.003-05:00

The classic "To Kill a Mockingbird" burned the image of Atticus Finch, the righteous, brilliant Alabama defense lawyer, into the American consciousness. In our day, the real-life Atticus Finch (or one of them) is a Montgomery attorney named Bryan Stevenson. Bryan has spent his 20+ year career representing impovershed men and women on Alabama's death row and juvenile offenders sentenced to life without parole. Although, after his 1985 graduation from Harvard Law School and the Kennedy School of Government, Bryan could have made a fortune as a rising African-American litigation superstar, he instead moved to Atlanta and joined the Southern Center for Human Rights. He moved to Alabama in 1989 and founded the Equal Justice Initiative.

The Associated Press reported today that Bryan won the 2009 Gruber Justice Prize for his longtime work representing death row inmates, indigent defendants and juveniles.

From the AP story:

Stevenson said the prize will go into the budget of the Equal Justice Initiative, which he said lost a source of funding when a major donor lost money in the investments of disgraced financier Bernard Madoff.

A release from the Gruber Foundation said Stevenson and his staff had been responsible "for reversals and reduced sentences in more than 75 death penalty cases."

U.S. District Judge Bernice Donald of Tennessee said in the release that Stevenson won the award for "securing access to justice for those most in need of protection from discrimination."

The American Bar Association honors Bryan on its website, saying:

As one of the most effective public interest lawyers in the country, and one of the nation's leading critics of the death penalty, Stevenson is a highly sought-after speaker. In addition to his views on the unreliability of the death penalty and its disproportionate use for the poor and people of color, he fervently believes that "no one is beyond hope, beyond redemption."

When speaking to students of all ages, Stevenson exhorts them to become passionate advocates for causes in which they believe. He encourages them to recognize the power that they have and advises them, "don't be afraid to change the world."

Bryan Stevenson continues to work tirelessly, devoting his life to helping disadvantaged people in the Deep South. "I feel blessed each day," he has said, "to be engaged in something that gives my life meaning, that keeps me spiritually alive and aware."

He has won wide recognition for his work. Among the prestigious awards Stevenson has earned are the MacArthur Foundation's "Genius Award," the ACLU's National Medal of Liberty, and the American Bar Association's Wisdom Award for Public Service. In 1996, the National Association of Public Interest Lawyers named him Public Interest Lawyer of the Year. He has also received honorary degrees from the University of Pennsylvania, Georgetown University, Washington University and Eastern University.

My two cents: This guy is real. He is unusually kind and thoughtful -- not just as attorneys go (a low bar, to be sure), but in general. He believes deeply that no person is the sum of their worst acts. He lives very modestly, despite his many awards and accomplishments. I would propose him for the Supreme Court (as if anyone pays attention to my suggestions), but I think he'd rather be meeting clients in prison than deciding tax and antitrust cases.

If there are saints in our age, Bryan is one. This was a well-deserved award.

Congratulations to our Atticus Finch.

Seeya, Ed

2009-06-11T15:46:00.001-05:00

The Mississippi Supreme Court makes it official. So long, Ed Peters.

First hat in the ring for Governor in 2011?

2009-06-11T15:34:00.002-05:00

While it certainly appears that Lt. Gov. Phil Bryant will be making the bid for Governor in 2011, he has not, to my knowledge, done anything officially to indicate that he is indeed doing so. Of course, he already has a PAC up and going from his past races, so he gets to skip the step Bill Luckett just took.

I've never had the opportunity to meet Bill Luckett. I've only laid eyes on him once, and that was when I briefly watched him advocate on behalf of Kroger in the Kroger beating case.

Anyone know anything about Luckett?

Not Guilty verdict in the case of State v. Marquis Charleston

2009-06-10T19:05:00.001-05:00

Marquis Charleston, charged with two counts of armed robbery, was found not guilty by a Hinds County Circuit Court jury this evening around 5:45 pm. He could have been sentenced to two consecutive life sentences if found guilty. He was represented by Alison Kelly and Frank McWilliams of the Hinds County Public Defender's Office. The State was represented by Shaun Yurtkuran and Armstrong Walters. Judge Swan Yerger presided over the case. The two victims had picked Mr. Charleston out of a line-up that defense counsel argued was suggestive. There was no physical evidence.
Sent via BlackBerry by AT&T

Thanks a Lot, Justice Scalia

2009-06-10T16:24:00.003-05:00

I hope we all are feeling VERY grateful to Justice Scalia for editing the Second Amendment to meet the needs of the gun lobby, and thereby invalidating the District of Columbia's strict gun control ordinance.

So now we have the spectacle of a white supremacist shooting and killing a security guard at the National Holocaust Museum in Washington, DC.

Courtesy of the Washington Post (linked above), here's a description of the man who was so ably sheltered by Scalia's Second Amendment:

A law enforcement source identified the gunman as James W. von Brunn, 88. On a Web site he apparently maintains extolling a "Holy Western Empire," von Brunn says he served in the U.S. Navy during World War II, worked for 20 years as an advertising executive and film producer in New York and then became "an artist and author" living in Maryland.

Police recovered a notebook from the gunman that apparently contained a list of different D.C. locations, law enforcement sources said. D.C. police bomb squads were called to search and secure those locations after the shooting, including one in the 1400 block of Pennsylvania Avenue near the White House.

How about a movement to amend the Constitution to explicitly provide for control of non-hunting, non-pistol weapons? Let's have an open debate with those who think there's an inalienable right to own semi-automatic firearms or armor-piercing bullets.

Don't Mess With (A) Texas (Grandma)

2009-06-10T16:08:00.002-05:00

I just can't help posting this one, again from MSNBC.

Apparently a 72 year old grandma refused to "sign" a ticket she was being given in Travis County, Texas (why, pray tell, does one have to "sign" a ticket?), and gave the deputy some grief about the need to do so . . . when he made her step out of her car, and threatened to Tase her, she said, "Go ahead . . . I dare you."

And so he did.

Kudos to Kathryn Winkfein, for proving that "Tasers don't kill people. Cops kill people." They aren't so lucky in Oakland . . .

Back to the Name Game

2009-06-10T15:57:00.002-05:00

OK, sports fans, arise from your sonorous summer, and give us some help . . . we are planning to change the name of this here blog in the VERY near future, and offered a valuable prize (drinking on our tab at the Plaza on a designated Thursday evening) for the reader who proposed the name we liked best.

So far the only proposals are . . .

1. The Frontal Lobotomized

2. Jim & Matt's Excellent Lobotomies (I see a theme here, but not sure I like it)

and

3. The Samurai Defenders

Surely someone has additional thoughts on this weighty matter . . .

Miss California . . .YOURRRRRRE FIRED!

2009-06-10T15:32:00.002-05:00

This just in from MSNBC:

“The Miss California USA Organization, in conjunction with the Miss Universe Organization and with the blessing of its owner, Mr. Donald J. Trump, announced today the termination of Carrie Prejean as Miss California USA 2009, citing continued breach of contract issues,” the Miss California Organization said in a statement to Access Hollywood.

So many questions, so little time:

1. Does it matter what Miss California's "political beliefs" or "moral beliefs" are? I don't agree with her denunciation of gay marriage, but I can't say I give a damn what she thinks about it. It's not like she's some accomplished artist, writer, actor, etc. I might care what such a person thinks, just as I might care what any successful, accomplished person thinks -- obviously, they must have something on the ball. But the winner of one beauty pageant? I don't think so.

2. Should it matter what Miss California's "political beliefs" or "moral beliefs" are? If you have to believe for or against gay marriage, or contraception/abortion prohibition, or immigration reform, or whatever, to be Miss California, then it cheapens celebrity political statements in general. No artistic endeavor should be required to pass a political litmus test to earn the right to be judged on its own merits.

3. Did Miss California try to cash in on the Perez Hilton controversy to make a name for herself in the fundamentalist Christian market? I think so.

4. Is this the real reason Mr. Trump was so upset? Yes, probably. There can only be one superstar in any Trump production, and it's Trump.

5. How did Donald Trump come to own the Miss California and Miss Universe USA franchises? Isn't this the kind of industry that cries out for nationalization? We The People should own Miss Universe USA, Miss America, the NFL, Dancing With The Stars, America's Next Top Model, and Top Chef.

Which leads to the most important question . . .

What does Judge Sonya Sotomayor think about this whole controversy?

Just in from Jim

2009-06-08T16:37:00.002-05:00

Here's a two-page memo, co-authored by Judge Sotomayor, on the death penalty. In it, she and two others recommend that the Board of Directors of the Puerto Rican Legal Defense and Education Fund issue a statement to then-NY Governor Hugh Carey in opposition to the reinstatement of the death penalty in New York. The reasons are those we typically see given by death penalty opponents today. That's not what's important here. What is important is that Sotomayor, if her convictions are as they were in 1981, would be a solid anti-death penalty vote for years to come.

Sotomayor Memo on Capital Punishment

D-Day +65 years

2009-06-06T10:12:00.002-05:00

Let's face it: words can only detract from what these young men did.

Funny Budget Battle Video

2009-06-05T12:16:00.001-05:00

Just got this in:

Tank Man

2009-06-05T11:07:00.003-05:00

Twenty years ago today, the above happened. I was 11, and I'm certain that Tank Man in no small way shaped my worldview and led me into a career in criminal defense. Tank Man became the ideal for me. In my estimation, Tank Man is the only way to be a true man. John Wayne barely holds a candle to this guy: alone, unarmed, standing firm as the tanks of a repressive regime roll toward him.

I think about Tank Man often when I think about what it is that criminal defense lawyers do. While there's truly no grave danger associated with being a criminal defense lawyer, he or she is the only person standing between a citizen and the power of the state. The criminal defense lawyer, metaphorically, stands in front of the tank for his or her client. I encourage each of you to find your own tank, and refuse to back down.

Quick Hit on the Budget Stalemate

2009-06-05T10:59:00.002-05:00

My friend Rep. Brandon Jones updates his constituency via email on a frequent basis. With his permission, I've reproduced a portion of today's update here. It's an informative synopsis on the positions of the House, the Senate, and Gov. Barbour.

The Positions

On Wednesday, House and Senate conferees published their budget proposals alongside the latest proposal from the Governor’s office. I won’t bore you with the specific figures (e-mail me if you want them) but I will try to hit the high points:

1. The budgets provided by the House, Senate and Governor each use $95 million in “Rainy Day Funds”;

2. The budgets provided by the House and Senate tax hospitals at $57 million annually. The Governor’s budget calls for a $90 million tax on hospitals;

3. The House budget prohibits additional cuts to Medicaid providers. The budgets offered by the Senate and Governor allow unlimited cuts to Medicaid providers;

4. The House budget does not move Federal Stimulus dollars forward to later fiscal years. The Senate budget moves $60 million in Federal Stimulus funds into the 2011 fiscal year. The Governor’s budget moves $90 million in Federal Stimulus funds into the 2011 fiscal year;

5. The House budget fully funds National Board Certified Teachers, the Gifted Studies Program, and Special Education teachers. It reduces expansion of the high school redesign program. The Senate budget fully funds National Board Certified Teachers. It does not fully fund the Gifted Studies Program, Special Education teachers and reduces expansion of the high school redesign program. The Governor’s budget does not fully fund National Board Certified Teachers, the Gifted Studies Program, Special Education teachers and reduces expansion of the high school redesign program;

6. The House budget fully funds Medicaid. The budgets provided by the Senate and Governor do not fully fund Medicaid;

7. The House and Senate budgets fund the $20 million additional appropriation to the State Wind Pool program. The Governor’s budget does not fund the $20 million additional appropriation to the State Wind Pool program;

8. The Governor’s plan does not fund the car tag credit for 2010.

Regular Session v. Special Session

At the urging of hundreds of teachers, hospital workers, and public employees who were roaming throughout the Capitol on Wednesday, the House tried three times to extend the Regular Session. The resolution would have allowed conferees to continue the negotiation process and avoid another costly special session. As many of you will remember from last year, special sessions cost substantially more per day than regular sessions. These types of resolutions require a 2/3rds vote for passage. A bipartisan group of 72 Republicans and Democrats voted to extend the Regular Session and against a Special Session but fell short of victory by 4 votes.

I voted against the Special Session for 4 simple reasons: 1) The same people who are in disagreement now will still have to reach an agreement in a Special Session; 2) There is nothing about a Special Session that compels legislators to agree (in fact, last year, quite the opposite happened); 3) In a budget year like this one, we should take the cheapest route to a solution; and 4) The Governor has repeatedly failed to include the Wind Pool increase in his budget figures.

$4.6M verdict for Joey Diaz?

2009-06-03T11:35:00.002-05:00

Philip Thomas has a brief post up this morning on his very informative Mississippi Litigation Review & Commentary blog sharing rumors of a $4,600,000 verdict in a medical malpractice case. All the entry tells us is that Joey Diaz (an excellent trial lawyer and a friend to this blogger) represents the plaintiff, and that the punitive damages phase is about to begin. Anyone know more about this case? What county, what judge, what injury, etc.?

Judge Yerger to retire on Dec. 31, 2010

2009-06-01T17:11:00.004-05:00

Judge Swan Yerger will retire at the end of this term of office. He has served as Hinds County Circuit Judge since 1997, and has been Senior Judge of the Hinds County Circuit Court since Judge Breland Hilburn's retirement in June of 2002.

He has served ably, and this writer has considered it a privilege to practice before him.

An Interesting Way To Recruit a Colleague

2009-05-29T15:08:00.003-05:00

You may remember my surprise when it was announced that former Mississippi Supreme Court Chief Justice Jim Smith was going to serve as "Of Counsel" to Ogden & Associates, the firm owned by Jackson plaintiffs' lawyer Ashley Ogden.

Today Y'all Politics has posted a few pages from a website called "Follow the Money," which tracks campaign contributions across the country. It's much easier to search than the Mississippi Secretary of State's website (Delbert Hosemann, please take note).

Just playing around on "Follow the Money" on a Friday afternoon netted this interesting factoid: Ashley Ogden gave $5,000 to Chief Justice Smith's opponent, current Associate Justice Jim Kitchens.

Now that's one hell of a way to recruit a colleague . . . but there's more:

Ashley's donation was given on November 25, 2008, after the election.

So was that a "hedge your bets" donation?

Or maybe a gift in gratitude for delivering a highly-qualified "Of Counsel" to his firm?

Hmmmmm.

NMC Discusses US Attorney Rumors

2009-05-29T14:31:00.004-05:00

I expect most readers of this blog also read NMissCommentator, ably moderated by Oxford attorney Tom Freeland. But in case you don't, Tom has latched onto a website that keeps track of the various rumors surrounding the President's appointment of United States Attorneys for the Federal District Courts. The U.S. Attorney is the equivalent of the State District Attorney: he or she is the chief Federal prosecutor in the District, and also represents the Federal Government in civil suits. Mississippi is divided into a Northern and Southern District for this purpose.

NMC's post about the possible Mississippi nominees is here; a foll-up post is here.

As MainJustice reports:

Here are the names we’ve heard for the Northern District: Circuit Court Judge Thomas Gardner of Tupelo and Oxford attorney Christi McCoy. We’ve heard rumors - but can’t confirm — that McCoy may have hit some kind of snag in the vetting process. Through an aide, all Gardner would say is that he “has no way of confirming” any information about his potential candidacy. McCoy did not return a phone call seeking comment. We also heard Cindy Mitchell of Clarksdale mentioned for the post.

For the Southern District, the names we’ve heard are Kathy Nester, a Jackson attorney; Deborah McDonald, a lawyer in Natchez; and Dorsey Carson of Jackson. Mississippi bloggers have also mentioned Constance Slaughter-Harvey of Forest. Slaughter-Harvey is an old friend of Thompson and was the first black woman to graduate from the University of Mississippi law school.

So, I can't say you heard it here first, but you did hear it here.

NYT Certifies: She's The Real Thing

2009-05-29T13:55:00.005-05:00

Today's New York Times has an interesting article on Circuit Judge Sonya Sotomayor, President Obama's nominee to the Supreme Court. It answers a lot of questions I have heard from my friends on the Left since her nomination. Given that the President has a penchant for Establishment appointees like Treasury Secretary Geithner, and given that Judge Sotomayor was a prosecutor before she was appointed as Federal District Judge by President George HW (Daddy) Bush, these friends ask: is the President making the most of his opportunity to re-shape the debate in the Supreme Court?

The answer, happily, is a resounding "yes." According to the Times, in the 1980's Judge Sotomayor was on the board of directors of the Puerto Rican Legal Defense and Education Fund (PRLDEF), a civil rights advocacy group in New York. The Times reports:

Ms. Sotomayor joined its board in 1980 when she was a young prosecutor in Manhattan and fresh out of Yale Law School. It was full of young, idealistic Latino lawyers like her who were eager to make a mark.

“She just believed in the mission,” Luis Alvarez, a former chairman of its board, said of Ms. Sotomayor. “This was a highly refined group of individuals who came from the premier academic institutions. It was almost like Camelot. It was a wonderful growth period.”

But Ms. Sotomayor stood out, frequently meeting with the legal staff to review the status of cases, several former members said. And so across her 12 years on the board — she left when she was appointed a federal judge in 1992 — she played an active role as the defense fund staked out aggressive stances on issues like police brutality, the death penalty and voting rights.

Among Judge Sotomayor's interests in those advocacy days was capital punishment. As the Times explains:

Ms. Sotomayor was part of a three-person committee of the board that recommended in 1981 that the fund oppose the reinstitution of the death penalty in New York State, according to board minutes from that time.

“Capital punishment is associated with evident racism in our society,” the panel wrote. “It creates inhuman psychological burdens for the offender and his/her family.”

I'm sure this aggravates the hell out of the Right, and it probably scares some on the Left who would prefer a "stealth" nominee -- one who has a hidden philosophy that is only disclosed after confirmation (you can put current Chief Justice Roberts in the category). But this President doesn't shirk the fight. The old politics of trying to "put a fast one" by the electorate by appointing people with no public record is OVER.

Let the debate begin.

PS: For the record, I like Secretary Geithner too.

"The Names Were Changed to Protect the Innocent" . . . Our Blog Name Change Contest

2009-05-29T10:50:00.002-05:00

"Jim Craig's World" was a name that expressed the ability to see the world and its events from within my head (with important parts of my brain blocked out, of course; one doesn't want to scare the populace). The blog is now beyond that, and it's much better for it. In the short time that Matt "the Iceberg" Eichelberger has joined the World, he's raised the quality of "the product" to a new level. I think it's time to recognize this by changing the name of our blog.

We'd appreciate your input in re-naming the blog. If someone comes up with a name that we decide to adopt, he or she will drink on our tab at Tye's on a "Thursday at the Plaza" in the near future.

So fire away . . . what do you think?

Rumblings from Congress Street

2009-05-28T15:46:00.002-05:00

I'm hearing that a budget deal may be imminent over at the Capitol. While we're waiting, Sen. David Baria's got a good analysis of the stalemate that makes a quick, informative read.

Congrats to Jim!

2009-05-28T15:35:00.003-05:00

These are the moments when you know you've left the world a little better by being a lawyer. Here's an example of fine lawyerin' by my blog mate making a big difference in the life of a little girl and her grandmother:

Cue the crickets...

2009-05-27T14:15:00.003-05:00

Of what one cannot speak, one must pass over in silence:

"Because of the protections created by this court in Miranda and related cases, there is little if any chance that a defendant will be badgered into waiving his right to have counsel present during interrogation," Justice Scalia said.

Here's the opinion in Montejo v. Louisiana.

Wednesday Picture Post

2009-05-27T11:29:00.002-05:00

Our Hinds County Circuit Courthouse at night:

Comment issues this morning

2009-05-27T11:19:00.003-05:00

All, we have had issues with comments being mysteriously deleted this morning. We'll let you know when it's fixed.

Sorry for the inconvenience.

UPDATE - As of 11:28 a.m., the comment issues appear to be resolved. Fire away.

Transcript of the Hickman Statement

2009-05-26T15:27:00.005-05:00

In an earlier post regarding Sharrod Moore, I referenced a transcript that is attached to the "State's Response to Defendant's Motion to Compel" in the Sharrod Moore case. It has been discussed by at least one local media outlet as well. Seeing as it's public record, I'll pass it along.

***By posting the following PDF, I am not endorsing any of the allegations found therein, nor am I passing judgment on the credibility of what Mr. Hickman says. ***

Another seeming screw-up involving the Mississippi State Crime Lab

2009-05-26T11:11:00.004-05:00

Today, via interoffice mail from the Hinds County DA's Office, no less, I received a copy of an Innocence Project report entitled "Investigating Forensic Problems in the United States: How the Federal Government Can Strengthen Oversight Through the Coverdell Grant Program."

The Coverdell Grant Program is the vehicle by which the U.S. Dept. of Justice gives grant money to the states to help offset the high cost of analyzing forensic evidence in criminal matters. In 2004, Congress put new regulations in place for the Coverdell program in an effort to improve the quality of the work our state crime labs were doing. Reasoning that oversight and investigation by an outside agency would best ensure that result, Congress required that state entities getting Coverdell money would have to designate an external, independent government agency to review complaints of negligence or malfeasance.

Guess who didn't get the message?

In Mississippi, our State Crime Lab is under the direction of the Department of Public Safety, as is explained here. The main lab is in Jackson, and there are three branch labs across the state. According to the Innocence Project's report, the 4 Mississippi State Crime Labs received a total of $205,298 in FY07. And who would the State Crime Lab name as its external, independent oversight agency?

You guessed it: the Department of Public Safety.

Decide for Yourself: the Record of President Obama's Nominee

2009-05-26T08:29:00.006-05:00

As you have no doubt heard from other sources, President Obama plans to nominate Judge Sonya Sotomayor of the United States Court of Appeals for the Second Circuit to the United States Supreme Court. SCOTUSblog has been posting an excellent series regarding the published opinions of Judge Sotomayor. They are the first and best source for assessing her candidacy:

Civil Opinions Part I

Civil Opinions Part II

Civil Opinions Part III

Civil Opinions Part IV

Judge Sotomayor's Opinions With Dissents

Memorial Day: A General Discusses the Media

2009-05-25T08:04:00.000-05:00

"If I had my choice, I would kill every reporter in the world, but I am sure we would be getting reports from hell before breakfast."

General William T. Sherman

Who Are These Guys?

2009-05-22T16:38:00.002-05:00

I was looking at the Jackson Free Press post-election article on the election, which lists the top donors to the two Democratic campaigns:

The Candidates' Top 10 Individual Campaign Donors

Marshand Crisler

• Willie Bozeman, WB Consolidated, Terry, Miss.: $10,000

• Dudley Hughes, Hughes Oil Company: $10,000

• Larry Johnson, Landmark Homes: $10,000

• Charles Pickett, CP Development, Terry, Miss.: $7,500

• William Mounger: $5,500

• Dick Molpus: $5,200

• Leland Speed: $5,000

• Samuel L. Agnew, Environmental Technical Sales Inc., Baton Rouge: $5,000

• Wade Creekmore Jr., Ridgeland: $5,000

• James Creekmore: $5,000

Harvey Johnson Jr.

• Velma Johnson: $10,000

• Willie Wilson, Illinois business owner: $9,000

• Michael Matthews, consultant with LSG Strategies Services, of Washington: $5,000

• LSG Strategies Services: $4,305

• Richard Boykin, of Boykin & Associates, LLC: $3,000

• Ranjit Dhaliwal, Jackson business owner: $3,000

• Doug Dale, Jackson architect: $2,500

• Areeb Sadaat, Garrett Enterprises: $2,000

• John McKee, ABMB Engineers: $2,000

• George Schimmel, Jackson retired physician: $1,250

I was intrigued that Michael Matthews, consultant with LSG Strategies Services, gave $5,000, and LSG Strategies Services itself gave $4,305, to Harvey Johnson's campaign.

LSG Strategies claims to be a "full services targeting, grassroots organizing, and phone contact firm," according to their Web page. Their client list includes many Democratic Party oriented organizations such as Democratic National Committee (DNC), Democratic Senate Campaign Committee (DSCC), Democratic Congressional Campaign Committee (DCCC), etc., and several State Democratic parties (but not the Mississippi Democratic Party).

According to Matthews' bio page on the LSG Website, "Michael Matthews most recently was the Political Director for the Democratic Congressional Campaign Committee (DCCC) for the 2002 election cycle. Prior to his tenure with the DCCC, Mr. Matthews served as Political Director to the 2000 Gore/Lieberman presidential campaign. . . .

* * * *
"Mr. Matthews has spent 20 years in campaign politics. In 1986 he managed former U.S. Agriculture Secretary Mike Espy's first congressional campaign. In that historic election Mr. Espy became the first African American elected to Congress from Mississippi since Reconstruction. As the general consultant for Harvey Johnson Jr. in 1997, Matthews played a key part in another historical election when Mr. Johnson became Jackson, Mississippi's first African American mayor."

Here's what I don't get: Wouldn't you expect a campaign consultant to be receiving money from a political campaign, not giving money to one? What's up with this? Or did LSG donate free services? If so, why?

Zata 3 "Turnout-Weighted" Map Shows Force of Hurricane Harvey

2009-05-21T17:31:00.002-05:00

This map from Zata3 illustrates the turnout in each voting precinct in the Democratic Mayoral Primary run-off election on Tuesday. It is a stunning picture.

Brad Chism's Post-Runoff Analysis

2009-05-21T15:49:00.004-05:00

From Brad Chism of Zata 3, a political consulting firm serving Democrats and progressive organizations, here is an interesting analysis of the Democratic runoff for Jackson Mayor:

Friends,

We’ve had lots of calls and emails asking for a post election analysis. Attached are maps that tell the story well. Here’s our Monday-morning quarterback analysis about the margin of victory. And yes, here too is my admission that I had no clue that the margin of victory would be so large.

We started with two credible candidates in the runoff—Black AND White voters would agree that both were capable of running the city (as contrasted with several other candidates on the ballot on May 2nd) No matter who won, we would be better off.

Frank Melton had been vanquished in the Primary. One cynic observed to me that NE Jackson “had won” already. The anti-Melton angst was satiated. White voter turnout lagged in the runoff.

Harvey Johnson had been Jackson’s first Black Mayor. He wasn’t beaten four years ago because he was too close to White business leaders or had embarrassed the city. Johnson lost to a rock star financed with a wad of cash from NE Jackson.

Johnson was, and continues to be, a likeable fellow. Black voters didn’t despise Johnson in 2005. They just thought they had traded up.

Harvey Johnson had a very compelling stump speech and a theme that resonated. “I believe in second chances. I believe in a second-chance God…” How does one counter that without coming off as cold and unforgiving?

Johnson could point to several tangible projects that began under his watch that had come to fruition, mitigating the criticism that he had been ineffective.

There wasn’t enough of a visual contrast between the “Old vs. New” between Johnson and Crisler. The former mayor was 62 years old, not 82. He had a great line to deflect the criticism. “I know I am sixty two because I do 62 push ups every morning…”

In the end, the vote was more racially polarized than any of us would have hoped. But I suspect that over the past four years Mr. Johnson has thought a lot about the necessity of an inclusive approach to governing.

All the best

Brad

NYT: President's Court Pick Will Have Smooth Sailing In Senate

2009-05-21T15:38:00.003-05:00

From today's New York Times, an interesting story suggesting that the battle for the next Justice on the United States Supreme Court is already over. Excerpts below (emphasis added):

Republicans in Senate Lower Expectations of a Court Fight
By Neil A. Lewis

WASHINGTON — While there is growing anticipation that the summer will bring the spectacle of a pitched Supreme Court confirmation battle, some Senate Republicans are lowering expectations that they are planning any major political fight.

President Obama has not yet named his choice to succeed Justice David H. Souter, but several Republicans acknowledge that it is unlikely they will be able to derail the nomination absent some startling revelation about the candidate.

Those Republicans, including senior staff aides and some senators, suggested in interviews that they believed Mr. Obama’s first nominee for the court would be confirmed without great difficulty no matter how they framed the issues during the confirmation process.

SenatorJeff Sessions, of Alabama, the ranking Republican on the Judiciary Committee, has said he would not necessarily be opposed to a nominee who is gay or an abortion rights advocate. In a recent interview, Mr. Sessions made it clear that whatever his preferences for resistance on the nominee, he could count the numbers.

* * * *
A second top Republican Senate aide, also not connected to Mr. Sessions, said, referring to Mr. Obama, “Elections have consequences; he won.” “Obviously, we’re going to stand up for our principles,” the aide continued, “but the other side has won this right to choose someone this time.”

If You Think Jackson Hasn't Changed Since the 60s . . .

2009-05-21T14:41:00.004-05:00

If you think "nothing much has changed" in Jackson, Mississippi since the 1960s, check this out. From the website of Howard University School of Law in Washington DC, here is the short biography of Chokwe Lumumba, Councilman-Elect of Jackson, Mississippi (as submitted by Mr. Lumumba's law firm):

Chokwe Lumumba is the National Chair and a co-founder of the New Afrikan People’s Organization (N.A.P.O.). He has served as NAPO’s chairperson since its inception in 1984 having been re-elected to the position in 2004. As national chair of the organization, Lumumba now resides in Jackson, Mississippi. Lumumba was born and raised in Detroit, Michigan.

Lumumba’s leadership helped NAPO to establish an office and organizational presence in Jackson, Mississippi, in 1989. Lumumba has been in the leadership of campaigns in Jackson against police terror, and has joined with others to stop the Ku Klux Klan march planned for Jackson in April of 1990.

Lumumba is co-founder and a member of the Malcolm X Grassroots Movement and was an officer and co-founder of the Jackson Human Rights Coalition. He served as the Vice-Chair of the Grassroots Convention in Jackson, Mississippi in 1994.

As a member of NAPO, Lumumba has led and/or participated in the organization’s community youth programs, anti-crime patrols, political education forums, legal service clinics, and various other community service activities. He has also partaken in political action campaigns against racist institutions, the U.S. bombing of Libya, and many other acts of economic exploitation, racism, and international lawlessness.

In July of 1969, Chokwe Lumumba became a conscious citizen of the New Afrikan nation in North America, and a legionnaire in the Black Legion of the Republic of New Afrika. He served as acting President and Vice President of the Republic of New Afrika.

* * * *
In September of 2005, Chokwe Lumumba co-founded the Mississippi Disaster Relief Coalition (MS-DRC) in response to Hurricane Katrina and assisted in the distribution of tons of material aid to Katrina survivors. He serves as the coordinator of MS-DRC and as a member of the Interim Coordinating Committee of the Peoples Hurricane Relief Fund, Oversight Coalition. He also serves on the coordinating committee of the Black Activist Coalition on Katrina.

He was the co-coordinator and co-organizer of the December 8–9, 2005 From Outrage to Action Conference in Jackson, which was attended by about 600 Katrina survivors and/or supporters, and of the December 10, 2005, Right to Return March on New Orleans which drew about 5,000 participants.

Brother Chokwe has not only pursued and protected human rights on the streets, but he has championed the same in the courts. Chokwe is an Attorney at Law. He graduated with honors from Wayne State University Law School in 1975 after finishing first in his freshman law class in 1973-74. Lumumba initially entered law school at Wayne State University in the fall of 1969 before leaving to work full time for the RNA in Mississippi and Detroit.

* * * *

In the early and mid 1990’s, Lumumba won a string of major victories in Mississippi Courts. He won an acquittal for DeWayne Boyd, a New Afrikan (Black) land development activist who was framed on arson charges after discovering and reporting dishonest schemes by white farmers to control and profit from DeWayne’s family’s land in Starkville, Mississippi. He and Oxford, Mississippi, Attorney Gail Thompson defeated the attempts by the State of Mississippi to put John Buford Irving to death for the alleged murder of a white store owner in 1976, by winning Irving’s 1995 death penalty trial.

He won a not guilty verdict for a 13 year old New Afrikan Youth, Elliot Culp, on May 10, 1996. Culp was charged with robbing and killing a 64 year old white woman. He was the youngest person ever tried on capital murder charges in Mississippi.

* * * *
Lumumba is a member of the National Conference of Black Lawyers. He also practices law in Michigan as of Counsel to Jeffrey Edison. From April 1991 until October 10, 2005 he practiced in Jackson, Mississippi.

I have some familiarity with the John Irving case discussed above. This was a truly remarkable victory. The all-white jury returned a unanimous life verdict for Mr. Irving, an African-American, for the homicide of a white store owner. The lesson: don't underestimate Mr. Lumumba's ability to persuade people of all races, classes and political persuasions. And don't underestimate his commitment It will make for an interesting term on the City Council.

"Ask your mayor."

2009-05-21T11:47:00.002-05:00

The case of Sharrod Moore took a shocking turn yesterday. After having one of his assistants do the dirty work of dismissing the case against Mr. Moore, DA Robert Shuler Smith met with the media outside the courthouse and alleged that "certain officers and officials" engaged in a cover-up with respect to the killing of R.J. Washington. (WJTV story here; WLBT video here.)

This is not the first time DA Smith has alleged that a cover-up was hindering his investigation. He told the Jackson Free Press almost the same thing nearly one year ago. The key difference this time is Smith's use of the word officials when assigning blame.

I remember how odd the indictment of Sharrod Moore seemed at the time, back in January of 2008. Mayor Melton's appearance before the television cameras to announce the indictment felt weird enough, considering Melton was the mayor, not the District Attorney, police chief, sheriff, etc. Furthermore, Melton was so excited about the indictment that he held the press conference before Moore was in custody, a seeming violation of Section 99-7-9, which prohibits publicity of indictments when the indicted person is not in custody.

The bone-chilling moment came, though, when Moore was being escorted through the tunnel between the Hinds County Circuit Courthouse and the Downtown Detention Facility. When asked by one of the handful of reporters following him why he was being indicted now, Mr. Moore simply replied, "Ask your mayor."

As the case progressed, things became even more surreal. First, DA Smith met secretly on several occasions with accused capital murderer Stephan Hickman and took a sworn statement from him, all without the knowledge of Hickman's counsel. Then, DA Smith saw fit to release the transcript of the statement into the public record by attaching it to a motion. The transcript tells a wild, detailed story, in which Melton is the "Prince" of the Jackson drug trade, and Sharrod is the "Knight." Both are supposedly controlled by an unnamed figure called "the Pharoah." According to Hickman, Sharrod was to make quarterly payments to Melton. Hickman goes on to tell a version of events in which Melton, Moore, and Washington are engaged in, umm...inappropriate activities. According to Hickman, Melton ordered Moore to kill Washington so as to show Moore's loyalty to Melton.

Hickman's story has largely been proven false, at least with respect to the particulars of who was present at the time of the killing of R.J. Washington. But one has to wonder, to what extent, if any, is DA Smith now looking at the deceased Melton as a player in this ordeal? After all, the word "officials" is new, and connotes some person or persons other than JPD officers.

A brief follow-up to Justin's question in comments

2009-05-21T11:32:00.002-05:00

Yesterday, in the comments to Part 5 of the posts on the Sharrod Moore hearing, "Justin" wondered whether or not Robert Shuler Smith was in another courtroom at the time of the hearing. Several media outlets have picked this up and run with it:

From Jimmie Gates' story in today's Clarion-Ledger:

District Attorney Robert Shuler Smith, who had led the effort to prosecute the case, didn't attend the hearing and was said to have been in another courtroom at the time.
"He should have been here," Yerger said.

From Donna Ladd's blurb at JacksonFreePress.com:

District Attorney Robert S. Smith was absent again when Hinds County Circuit Judge Swan Yerger dropped murder charges against Sharrod Moore in the 1995 killing of Jackson Police Officer Robert J. Washington.

It turns out that the DA was outside, as can be seen in an explosive video from WLBT I just found and will post about.

Some Keen Insights Into the Mayoral Runoff

2009-05-21T09:00:00.002-05:00

Kingfish at Jackson Jambalaya has posted two excellent analyses of Tuesday's Democratic primary run-off. They are here and here.

Liveblogging the Sharrod Moore dismissal hearing, Part 5

2009-05-20T10:32:00.001-05:00

Judge Yerger says "Robert Shuler Smith is not here. Should be here, but we have been advised that he is in another courtroom."

ADA Jamie McBride:

Terrible, terrible event that happened long ago. In Jan. 2008, police announced new evidence. Weapons in this case never found. Witness who gave testimony to grand jury was later found not to be credible. Another witness, Howard Hackett also came forward, and swore to the grand jury that Sharrod confessed to him and gave him the gun used in the killing. Hackett later used that gun in a carjacking. Ballistics tests matched the gun Hackett used to the killing of Washington.

DNA test results recently received show no other DNA besides that of Washington on Washington's body.
105 fingerprints were taken from Washington's police cruiser. No match to Moore.

Hackett, subsequent to his testimony to the grand jury, took the stand in another criminal case sand began to recant his earlier statements in that case. Hackett has also been charged in a new case.

The only direct evidence tying this defendant to this crime is Howard Hackett, who is unreliable. It would be unethical for us to proceed.

McBride then concludes by asking for a nolle pros one second, and permission to dismiss the next. Don't know which it will be.

Chuck Mullins (counsel for Moore):

Big of the State to get up here the week before the trial and admit they didn't have a case, especially considering the high-profile nature of it.

Court to take matter of dismissal with or without prejudice under advisement for a few days and rule later this week.

Mary Washington (R.J. Washington's widow) does not wish to give a statement, per ADA McBride.

Judge Yerger: Parties will file simultaneous briefs on issue of whether dismissal should be with or without prejudice at the end of the week.

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Liveblogging the Sharrod Moore dismissal hearing, Part 4

2009-05-20T10:19:00.001-05:00

Bench conference lasted a total of 25 minutes. Chuck Mullins appeared very animated during much of it.

Appears as though we're about to find out why.
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Liveblogging the Sharrod Moore dismissal hearing, Part 3

2009-05-20T10:02:00.001-05:00

Court's in session. Yerger calls counsel to the bench. Lengthy bench conference ensues. Unfortunately, nearly every hearing in this case has been conducted as a lengthy bench conference, and I'm afraid that may be what's about to happen here.
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Liveblogging the Sharrod Moore dismissal hearing, Part 2

2009-05-20T09:54:00.001-05:00

More spectators now in the gallery. Fully half of the active criminal defense practitioners in Hinds County are here.

RJ Washington's widow is now here, sitting alone. It's 9:55 a.m., and we still have not started.

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Liveblogging the Sharrod Moore dismissal hearing

2009-05-20T09:45:00.001-05:00

Impressive crowd today in Yerger's courtroom. Inside the bar, we have 4 bailiffs, a probation officer, Sharrod, his attorneys Lula Anderson and Chuck Mullins, ADA Jamie McBride, and Dora Dixon, Robert Shuler Smith's personal secretary.

Out here in the gallery, we've got 5 or so friends and family of Sharrod, 7 members of the local bar, Jimmie Gates, Megan West, Ross Adams, and a TV camera in the balcony.

Robert Shuler Smith is not here.

More to come when we actually get started.
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Congrats to Mayor Johnson

2009-05-19T23:18:00.001-05:00

Harvey Johnson won the Democratic mayoral primary in resounding fashion tonight. He'll be our next mayor, and he'll need our support. I didn't back him in this race, but I am giving him my full support going forward. I hope that you'll do the same and that we can move forward together towards a better Jackson.
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Congratulations

2009-05-19T22:58:00.002-05:00

Congratulations to Harvey Johnson for winning the Democratic primary this evening, and to his supporters for their campaign.

Congratulations, Secretary Mabus!

2009-05-19T11:59:00.002-05:00

WAPT is reporting that former Gov. Ray Mabus has been confirmed as United States Secretary of the Navy.

Congratulations to Secretary Mabus -- we're proud of you!

Tuesday Morning Random Collection of Thoughts

2009-05-19T09:25:00.002-05:00

Good morning, and happy Election Day. I've been tied up with work through the weekend, so I haven't been able to post. I'm slammed today as well, but thought it best to throw a couple of things out there as a sign of life.

First, I'm voting for Marshand, and mostly for the same reasons Jim expressed. Jim and I did not talk about the race prior to his post, and I'm glad we both wound up on the same side. First and foremost for me is Downtown development, and I feel more comfortable with Marshand leading that charge. Right behind that is Two Lakes. I'm an unabashed fan, and even though Harvey's past rhetoric on the subject indicates a willingness to support Two Lakes, his language at last week's debate indicates he's not quite made up his mind on which flood control project he supports. That, of course, means more studies, with which Harvey is well-acquainted.

That leads me to a brief Two Lakes rant: Yesterday evening, I was able to spend some time on the roof of my building downtown with a couple of friends. Looking out over the skyline of Jackson, my friend Tye pulled up pictures of the 1979 flood on his iPhone. The three of us on the roof last night are in our early 30's, so we're too young to have experienced the flood firsthand. But with our bird's eye view of Jackson and arial pictures of the disaster, the three of us came away with a new appreciation for how destructive the Pearl River can be. (Click here for a collection of arial photos of the '79 flood.) It also impressed upon me that the refusal to control and utilize the Pearl River has been one of Jackson's greatest failures.

We've known for 30 years how destructive the Pearl can be, and we've done little but build inadequate levees. We've also known for nearly 200 years that we have a river running through the middle of our capital city, and we've done nothing at all to harness the economic power of it. Economic power that would, in time, pave our streets, educate our children, and lower crime. Generation after generation of Jacksonians have proven unable to find the time and willpower to cultivate Jackson's greatest natural resource. It's time to move forward on development of the Pearl River and transform the future of Mississippi's most important city.

Also, there's a hearing tomorrow before Judge Yerger in the Sharrod Moore case. Here's what I've noticed as odd: First, Asst. DA Jamie McBride is making all of the comments to the press on this one. Previously, Robert Shuler Smith, the DA, uttered every word. Second, there will be a hearing tomorrow on the dismissal, so the State can put on the record its reasons for ditching the prosecution.

With respect to ADA McBride now doing all of the talking, well, there's an old maxim that fits this like a glove: Victory has a hundred fathers, but defeat is an orphan. DA Smith wants as far away from this as possible, as he is going to catch a great deal of bad press for indicting this case and not following through.

As for the hearing, the fact that there will be one at all is interesting to me. Cases are dismissed and orders of nolle prosequi are entered all the time without a hearing. I can't see any benefit for the DA's Office in having a hearing on the dismissal, as it simply puts the matter out there for another news cycle. My guess is Judge Yerger is requiring the hearing. That makes sense, as this is the case that led to a show cause hearing for Judge Yerger's court administrator, at which she was threatened with indictment and DA Smith sought recusal of Judge Yerger for what he perceived to be bias towards the defense. I think Judge Yerger essentially wants the State to step forward and put on the record that they're dismissing this case because they have serious problems with the evidence, not because Judge Yerger's being unfair to them. And, like getting read and delivery receipts on every email you send, that's a prudent move.

I'll discuss the timing of the dismissal in a later post.

Voting For Mayor

2009-05-18T21:29:00.004-05:00

Like most of the people I have spoken or corresponded with on the issue, I have had a difficult time deciding how to cast my vote for Mayor of Jackson. I do not see either of the Democratic candidates as a disaster; nor do I see either one as a savior.

The two men have far more in common than their partisans will admit. The JFP's excellent analysis of the two candidates is worth your time; the Clarion-Ledger's Sunday piece is also helpful.

I detest the caricatures that have been cast like stones in this campaign (and plastered on my car): Marshand Crisler as the tool of business interests, who will favor the white community, and Harvey Johnson as overly race-conscious, who will favor the African-American community.

In my opinion, both men are Democrats in the national sense of the word -- they plan to govern as liberals (meaning they believe in the power of government to lead problem-solving in the community) but from a pro-economic development, pro-law enforcement perspective.

I previously posted my basic thoughts about the Johnson/Crisler runoff; I will not repeat myself here. I will simply state the two central reasons why my vote in the run-off is for Marshand Crisler (Of course, I don't speak for Matt or any other resident or visitor in my World).

First, Councilman Crisler seems more willing than Mayor Johnson to approach law enforcement from a consolidated, county/city model. He may not re-appoint Sheriff McMillin as police chief, but he will certainly require the JPD to work with the Hinds County Sheriff's Office to minimize turf conflict and duplicative efforts and secure the most efficient, effective crime prevention program for the City. Given Robert Johnson's endorsement, one wonders if the former Chief might be re-appointed to that post in a Crisler Administration; that would be a welcome move.

Second, Crisler is more likely to maintain the momentum for business and economic development in the City. Harvey Johnson can rightly take credit for the Convention Center complex. But government projects can only initiate economic development; to complete the job, the private sector must be engaged and motivated. That's the secret of every national Democrat's success, from Wilson through FDR, JFK, LBJ, and Clinton, and it's the model of the Obama Administration (Geithner-haters notwithstanding).

The small number of non-residential permits granted during the Johnson Administration, as compared to the Melton term (an eight-fold increase), is an objective indicator of Mr. Johnson's lack of appreciation of the role of the business community in building Jackson. And it's clear that the business community returns the favor.

One other point: some have said that Crisler will be "Frank, the Sequel." The question whether Deputy Crisler's "took a bullet" encounter actually happened during an invalid house raid is fodder for those concerns. See the posts on Jackson Jambalaya, which first brought these issues to light. But it's worth noting that Crisler was 25 years old then, a relatively new deputy, and unlike others in his unit, was not charged with wrongdoing at the time.

And unlike the late Mayor, Marshand Crisler has experience in local government, both as a Councilman and in the Sheriff's Office. Frank Melton, all too often, thought running government was like running a medium-sized business -- the top gun gives the orders and watches as the squad obeys. Crisler has been overseeing city government for eight years and knows better than that.

My vote is for Marshand Crisler. I hope he prevails in the runoff and in the general election. But I won't be upset if Harvey Johnson is the victor instead. Even if this is the "As Good As It Gets" election, Jackson will take great strides forward under either Democrat.

Memo to Northside Sun: The DOJ Did Not Cause Segregation

2009-05-18T14:50:00.003-05:00

It's fascinating to live in the South during the Post-Civil Rights Era. There are lots of complicated issues about how to turn rhetoric into reality. But the process is delayed by self-serving "leaders" on both sides of the racial divide.

I posted previously about the Jackson Advocate piece written by Rep. Jim Evans, in which two of the late Mayor's opponents were characterized in a stereotyped, derogatory way to suggest that they weren't independent-minded African-Americans but rather "slaves" picked by "the Capitol Street gang."

Now we have Wyatt Emmerich at the Northside Sun, re-writing history on route to endorsing Councilman Crisler. The Sun's editorial says, in part:

One of the great tragedies of Jackson and the Delta is that integration has failed. Whites go to private schools and blacks go to public schools. Sadly, this was partially caused by an ideological federal justice department that shut down successfully integrated neighborhood schools.

Puh-lease. Would this have been the Nixon Administration Justice Department? Yes, it was, in 1970.

Would this have been after the State of Mississippi's lawyers filibustered for so long that the US Supreme Court, in Alexander v. Holmes County Board of Education, said that the time for "deliberate speed" was over and the schools had to be integrated that January? Yep.

Would this have been 94 years after the 1876 debacle that destroyed Reconstruction and delayed racial healing in this country? Yes.

There was no "ideological" Justice Department, Mr. Emmerich. Only one that had to do something because the responsible officials did nothing -- or worse.

But at least the Sun had this to say about hopes for the future:

Mississippi has one great ace in the hole - the common Christian belief of both races.

Earth to Sun: not all Mississippians -- white or black -- are Christian. We can boast of a vibrant Jewish, Muslim, and Hindu presence in our community, not to mention Buddhists and those who doubt the spiritual realm altogether.

Maybe the Sun's editor should go back to promoting Esperanto as the universal language.

Horhn, Crisler Agree: No Offer to Endorse in Exchange for Paying Debts

2009-05-18T13:46:00.005-05:00

The Jackson Free Press is reporting the response of both Sen. John Horhn and Councilman Marshand Crisler to the flyer that was stuck on my (and many others, I presume) car yesterday:

"I was approached by both campaigns and actively approached by the Crisler campaign," Horhn told the Jackson Free Press. "A number of offers were made by the Crisler campaign, some of which were quite lucrative. ... The fact of the matter is that the Crisler campaign fell all over itself trying to recruit me to their campaign with promises of elimination of my campaign debt and a few other things. And for them to suggest otherwise is absolutely ludicrous. They put the money on the table. The Johnson campaign has no money."

Also according to the JFP story, Councilman Crisler says the flyer is false, and claims he did not approve the flyer:

At a press conference this morning, mayoral candidate Marshand Crisler denied allegations, made in two new fliers supporting his candidacy, that his opponent Harvey Johnson bought the endorsement of state Sen. John Horhn, a former mayoral candidate. When asked about the fliers, Crisler first responded, "I denounce any negative politics and that one in particular." When the JFP's Adam Lynch and Donna Ladd asked directly whether Horhn had ever offered to sell his endorsement, Crisler replied, "No."

I'm glad to hear it. Now I want to know who was behind the flyers.

Gee, Why Would They Do That?

2009-05-18T12:47:00.000-05:00

From this morning's New York Times, a report on how prosecutors OPPOSE DNA testing:

"A recent analysis of 225 DNA exonerations by Brandon L. Garrett, a professor at the University of Virginia School of Law, found that prosecutors opposed DNA testing in almost one out of five cases. In many of the others, they initially opposed testing but ultimately agreed to it. In 98 of those 225 cases, the DNA test identified the real culprit."

The story is here: http://www.nytimes.com/2009/05/18/us/18dna.html?_r=1&hp

My two cents: the rule that "the ethical duty of the prosecutor is to seek, justice, not convictions" is honored more in the breach than the observance. Why would a prosecutor oppose a DNA test? If the defendant or prisoner is guilty, the test will prove that. If he or she is innocent, justice demands their release.

I think the adversarial system of justice is fun. But sometimes, it doesn't serve our society's interests or values very well. When prosecutors give in to the human desire to "win" every case, we all end up as losers.

Horhn For Rent?

2009-05-18T11:38:00.000-05:00

I was annoyed as hell to see two soaked pieces of paper leaking ink onto the Miata in the Fondren Presbyterian parking lot yesterday. They were both from the Crisler campaign. Having yet to decide whether to post a preference in the Mayoral race, I was seriously tempted to endorse Johnson. That became more likely when I perused the comically adolescent "SS Harvey Johnson" hit piece.

But I became less upset when I read the second weather-beaten sheet. It claimed that Sen John Horhn's campaign had initiated feelers to both of the run-off candidates, if they would assist him in raising sufficient funds to pay off his campaign debt.

Now, such deals are not uncommon. Hillary Clinton did the same when she withdrew from the presidential race. But given the active role Senator Horhn has taken in the runoff campaign, it is a fair question whether his assertions about Harvey Johnson are sincere.

But I'm still upset about the ink on my car.

State asks to dismiss case against Sharrod Moore

2009-05-15T16:46:00.001-05:00

All I'll say right now is that this certainly is interesting timing. More to come...
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Stay Tuned . . .

2009-05-15T13:58:00.001-05:00

Matt must be as jammed by work today as I am. Watch for more in this space later today!

Liveblogging the Jackson Democratic Mayoral Debate, Part 5

2009-05-14T19:36:00.001-05:00

The candidates are taking a break, and frankly, I am as well. I'm a touch too irritated to continue typing. I learned long ago to hold my tongue when I get this mad.
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Liveblogging the Jackson Democratic Mayoral Debate, Part 4

2009-05-14T19:33:00.001-05:00

While I was a little shocked by Johnson's claim that there hadn't been any promotions at JPD in the last 4 years, I was absolutely stunned at what I heard from Johnson just now. Johnson just essentially said that the white people accusing him of not being responsive to their concerns during his 8 years as mayor are quite possibly racist.

Crisler's response was a fairly well constructed call to a post-racial Jackson and a colorblind approach to governance, which sounded like something someone reading from the Obama playbook would say.

Johnson moves on to attack Crisler for supporting the recent 1% sales tax increase, which was something championed by business interests, and authored by Sen. John Horhn, if I recall correctly. That being said, it's becoming more and more clear that Johnson and the Jackson business community have differences over policy, not race, and that each may be engaging in a bit of that old Mississippi past time: race-baiting.

I am in no way amused.
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Liveblogging the Jackson Democratic Mayoral Debate, Part 3

2009-05-14T19:19:00.001-05:00

Simmons asks Crisler if he'd slash the number of "in office" JPD employees and in turn increase the number of patrolmen. Crisler takes the opportunity to get a dig in at Johnson's failure to implement the Maple Linder recommendations.

Johnson responds by saying that Crisler was head of the Council's budget committee during the past 4 years, when the number of patrolmen dropped. Johnson then makes an interesting claim. He says that there were no promotions within the Jackson Police and Fire Departments since he was in office. Having had quite extensive experience with JPD over the past couple of years, I have to say this: I think he's flat wrong, and I was a little shocked to hear that.

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Liveblogging the Jackson Democratic Mayoral Debate, Part 2

2009-05-14T19:11:00.001-05:00

The two candidates are now on the stage. Crisler looked young and confident as he approached his lectern, Johnson looked old and wise. That's really going to be a theme throughout this race, I think.

Crisler gives his opening statement first, focusing on his energy and desire to "move Jackson forward." Johnson then claims credit (to some degree, correctly) for the projects we have seen come to fruition over the last 4 years.

First question is about Two Lakes, a project I care deeply about. Crisler voices his strong support for Two Lakes. Johnson says he's in favor of economic development along the Pearl River, but doesn't say exactly what type of project he'd like to see happen.

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Liveblogging the Jackson Democratic Mayoral Debate

2009-05-14T18:56:00.001-05:00

A friend of mine suggested that I blog from tonight's debate. Sounded like a good idea to me, so I'll give it a shot.

Scott Simmons from WAPT just advised the crowd that the debate will start in approximately 7 minutes.
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Now Dick Cheney Wants Transparency? (Return to the House of Hypocrisy)

2009-05-14T15:45:00.004-05:00

Oh, now I understand: Dick Cheney thinks that national security requires secrecy . . . except if it might help him make a rhetorical point. The Washington Post reports:

The CIA has rejected a request from former vice president Richard B. Cheney to release documents that he says show that the agency's harsh interrogation methods helped thwart terrorist plots.

A letter today denying the request cites pending legal action as the sole reason for keeping the documents under seal.

* * * *
Cheney, who has sparred publicly with the Obama administration since it prohibited coercive interrogations in January, submitted a formal request to the National Archives and Records Administration on March 31, asking for the declassification of two secret documents that were said to describe the intelligence gained from the CIA's questioning of suspected al-Qaeda terrorists in overseas prisons.

Cheney, in a Fox News interview last month, said the documents "lay out what we learned from the interrogation process" and would presumably validate Bush administration claims that the controversial methods disrupted terrorists' plans and saved American lives.

Recall that as Vice-President, Cheney didn't even think he was required to give the Information Security Oversight Office data on how much material from his own files he had designated as "classified." (Something in the nature of a privilege log). That is, he not only kept his own documents secret, he wouldn't even say how many documents he was withholding from public view.

And Vice President Cheney also famously refused to disclose information about his meetings on energy policy with executives at the now-infamous Enron. See TIME story

But now, the necessity of preserving his reputation -- oops, I mean, the nation -- has made Dick Cheney a fighter for transparency in government.

Can't anybody shut this guy up?

Secretary-Designate Mabus Clears One Hurdle

2009-05-14T11:52:00.004-05:00

From the Navy Times this morning:

The Senate Armed Services Committee recommended Thursday that the full Senate vote to approve the nominations of Navy Secretary-designate Ray Mabus, Navy Undersecretary-designate Robert Work and other nominees for civilian Pentagon posts.

Mabus and Work’s nominations were part of a group approved by voice vote, according to a committee announcement. It wasn’t clear how long it could be before the full Senate votes on whether to confirm the nominees.

Congratulations to Ray Mabus -- and on to the Senate!

h/t to Dorsey Carson (via Facebook)

Anyone know the statute for this?

2009-05-14T11:47:00.002-05:00

(Click to enlarge.)

I'm thinking it's either 97-3-53 or 97-1-5, but I'm just guessing.

Jackson Mayoral Democratic Runoff Debate is tonight

2009-05-14T11:22:00.002-05:00

Tonight at 7:00 p.m., Harvey Johnson and Marshand Crisler will take the stage at JSU's Rose McCoy Auditorium for a one-hour debate. Admission is free and on a first-come, first-served basis. Doors open at 6 p.m., and the organizers of the debate ask that you be seated by 6:40 p.m., as the debate will be televised live starting promptly at 7:00 p.m.

The debate will be broadcast on TV on JSU's TV23 (Comcast channel 14), and WAPT’s digital channel 16-2 (208 on Comcast). You can also listen to a live feed of the debate at wapt.com, jacksonfreepress.com, and jsums.edu, and on the radio on WJSU 88.5.

After the debate, there are two social functions worth attending: The Debate Afterparty will be at Tye's (120 N. Congress in Downtown), with live music by Homespun. Also, JFP will be hosting their "JFP Lounge" at Pi (Sal & Mookie's in Fondren).

If you're a Jackson voter, this is your chance to learn more about Crisler and Johnson. And if you live in the Jackson area, this is a great opportunity to get out and socialize with other plugged-in, thoughtful people like yourself.

Why Won't the Feds Let the Fat Lady Sing for Ricio?

2009-05-14T10:05:00.003-05:00

The Clarion-Ledger is reporting that the Government has announced it will go forward in the "sledgehammer" case against Michael Ricio alone. That makes no sense to me.

Let's face facts: Ricio was only indicted in the hope that he would "flip" and testify against Mayor Melton. He was acquitted in State court and there's no point to be gained in a stand-alone trial against him. The only reason I can see for going forward is for DOJ to save face. That's not good enough.

Let's hope the "Fat Lady" sings for Ricio this week. This case needs to be over.

The "As Good As It Gets" Election

2009-05-13T16:02:00.006-05:00

Jackson mayor foes win endorsements (Clarion-Ledger, May 13, 2009)

So what now, Jackson? Former Jackson Police Chief and Mississippi Commissioner of Corrections endorses Marshand Crisler; State Senator John Horhn endorses Harvey Johnson.

I admit to some ambivalence at this stage. My main concern in the first primary was to prevent Mayor Melton from being re-elected. That was doubly accomplished on Election Night. As I see it, Harvey Johnson is well versed in the analysis of municipal government. He has studied, taught and consulted on urban planning throughout his career. He served two terms as Mayor and began several projects (Convention Center, Telecommunications Center) that are just now coming to fruition. My gut tells me that he's more able to call his own shots than Councilman Crisler.

But while Harvey Johnson knows urban government in theory, he was less than artful in practice in his previous terms. His relationships with the Legislature and other metro-area mayors were strained. His own former police chief, Robert Johnson, has endorsed his opponent.

Jackson is not a self-sufficient island. Can Harvey Johnson build the support we need to lead the City forward?

Marshand Crisler is young, assertive, and obviously connected to law enforcement and the business community. The endorsement of both Sheriff McMillin and former Chief Johnson speaks volumes in his favor. Also, the consolidation of city and county law enforcement, which Crisler supports by way of re-appointing McMillin to be Chief of JPD, may be a far more efficient and effective means for addressing municipal crime. Further, Crisler is the only former City Council member to run for Mayor; that is an experience that may bring a politics of consensus-building to city government that has been sorely lacking in recent years.

But one wonders about the slightly too "well-prepared" Crisler. Does he speak his own mind, or is he a little too "connected" to business and law enforcement interests? And Kingfish at Jackson Jambalaya has raised some critical questions here and here that have yet, in my opinion, to be put to rest. We've suffered one "Lone Ranger" Mayor; would a Mayor Crisler follow the Constitution even when it's inconvenient to do so?

It's not an easy choice. The pay rate for Jackson's CEO can't be expected to draw out the "Best and the Brightest" -- and the job is a political graveyard, not a stepping-stone to higher office. So, to steal Jack Nicholson's line, this choice is "As Good As It Gets."

We have a week to decide . . .

Where's Waldo?

2009-05-13T14:51:00.002-05:00

I promised Kingfish at Jackson Jambalaya an Irby post. This isn't the one I'd promised.

I just took a look at the indictment, and found an error. Any guesses as to what it is?

Morning Mobile Blogging

2009-05-13T09:12:00.001-05:00

It's a busy morning for me as I prepare for a hearing, so there won't be much blog activity until later today. Here are a few tidbits this morning:

It's possible to blog from your BlackBerry if you use Blogger, like Jim and I do for this site. If you're interested, go to the Settings page on your Blogger Dashboard, then setup the "email blogging" feature. Then just email your entries to that email address from your BlackBerry.

The Bennett & Bennett criminal defense firm out of Houston, TX, has an excellent legal blog. I highly recommend it, especially if you do criminal defense. The address is http://bennettandbennett.com/blog/.

Sent via BlackBerry by AT&T

22 years is a long time

2009-05-12T16:31:00.003-05:00

The Innocence Project has a new victory to celebrate: Paul House, convicted and sentenced to death in 1986, has had all charges against him dropped.

"In the three years since the U.S. Supreme Court stepped into this case and sent it back to the trial court, substantial additional DNA testing and further investigation have shown that he is innocent," said Peter Neufeld, the group's co-director. "Each time a layer of this case was peeled away, it revealed more evidence of Paul House's innocence."

Major kudos to the Innocence Project, and a h/t to Glenna & Graham for passing this on.

The New York Times raises some important questions about how we ask questions

2009-05-12T15:36:00.004-05:00

Now here's a NYTimes piece every judge, trial lawyer, detective, and P.I. ought to find very, very interesting: Judging Honesty by Words, Not Fidgets.

Here's what's intriguing, and what ought to be seriously considered here in the States:

One broad, straightforward principle has changed police work in Britain: seek information, not a confession. In the mid-1980s, following cases of false confessions, British courts prohibited officers from using some aggressive techniques, like lying about evidence to provoke suspects, and required that interrogations be taped.

Dr. (Ray) Bull (a professor of forensic psychology), who has analyzed scores of interrogation tapes, said the police had reported no drop-off in the number of confessions, nor major miscarriages of justice arising from false confessions. In one 2002 survey, researchers in Sweden found that less-confrontational interrogations were associated with a higher likelihood of confession. (Emphasis added.)

Folks, there's absolutely no reason we shouldn't explore and use the best investigative techniques available. (I'm looking at you, JPD Homicide detectives. Record all of your interviews.) Doing so achieves two societal goals: guilty people behind bars, and innocent ones on the street.

h/t to my old pal lotus.

It's Jim Craig's World, I just live in it

2009-05-12T15:00:00.001-05:00

I've decided to take the plunge. I want to thank Jim for asking me to be a part of his blog, and I look forward to the opportunity to post alongside him.

One of my main concerns about blogging has always been my fear of overstepping ethical bounds in discussing cases. Tom Freeland at www.nmisscommentor.com has provided what I believe to be a good example of how to avoid doing so. In keeping with his practice, I'll never comment on one of my cases here. I will also refrain from opining on people who may be witnesses in any of my pending cases. That means no discussion, from me, regarding Dr. Steven Hayne. My posting regarding Hayne will be limited to mere links to articles written by others. Y'all can still talk about him all you want.

That being said, let's rock this.

If At First You Don't Secede . . . (Part III, the "Lily Whites")

2009-05-12T11:43:00.006-05:00

This Sunday, the Clarion-Ledger interviewed Wirt Yerger in its "Sunday Morning With" series. You can find it here.

One part of the interview with the senior Mr. Yerger caught the attention of one of my readers:

Question: For our younger readers, explain the conflicts between the "Lily Whites" and "Black-and-tan" factions of the GOP back in the 1960s.

Answer: In the first place, we weren't the "Lily Whites." I came into it after a lot of those battles had been fought. In 1956, it was all over and the "Black-and-Tans" had in large part faded away. Essentially, Mississippi had a puppet party controlled by interests in Washington, D.C., with no discernable purpose in helping advance policies in Mississippi. I understand a lot of people wanted to make race a defining issue for their own political purposes, but to me, principles have always been more important than race. I have always advocated a colorblind society. We need that badly still.

The problem, as my reader points out, is that a contemporaneous article in the Clarion-Ledger documents that the battle between the "Lily Whites" and the "Black and Tans" was still raging as late as December 1959.

In 1956 both factions of the Mississippi GOP sent representatives to the national convention. In the December 1959 C-L piece, Mr. Yerger himself was quoted in his role as state party chair and as a member of the "Lily Whites" on the national party's decision that year to allow Mississippi's 1960 convention delegates to be selected by the state party chair (again, Mr Yerger). He said then that the national GOP's ruling assured the "Lily Whites" of recognition as the true representatives of the Republican Party in Mississippi.

The December 1959 Clarion-Ledger article is here.

If your eyes are better than mine, you can see it above.

Why should we care? Because the history of a group sets the course for the group's development and future. It's especially important because the leadership of the Mississippi Republican Party and its officeholders puts a high premium on the concept of "party loyalty." A long-time member of the State GOP has a lot better chance of being nominated for leadership than does a recent convert. Kirk Fordice and Haley Barbour are the most recent, obvious, examples.

There's no need to witch-hunt: a lot of people made bad decisions in the 1950s and 1960s. But truth is never a bad thing, and the Mississippi Republicans have certainly not "always advocated a colorblind society." Shame on the Clarion-Ledger for letting the Republicans get away with their revisionist history.

Dude, Where's My Intestines? Or My Liver?

2009-05-12T11:04:00.004-05:00

Just when you thought it couldn't get any weirder . . . here's a story, courtesy of Matt Eichelberger (who else), about Dr. Stephen Hayne, an autopsy, and the discovery after exhumation of the corpse (in an examination also by Dr. Hayne), that all of the organs had been removed from the deceased before burial, and replaced by bedsheets . . .

Read more here

I'm afraid I'm speechless on this one . . . except to say, if it's a crime for a funeral home to fail to dispose of ashes after a cremation (see here), shouldn't it be a crime to remove organs before burial and replace them with bedsheets?

If At First You Don't Secede . . . (Part II)

2009-05-12T10:27:00.006-05:00

I previously discussed the buzz surrounding Texas Governor Rick Perry's nod to the possibility that Texas could re-secede from the Union here

The Lone Star Looney has apparently touched a nerve: a number of state legislators have started to push "state's rights" resolutions asserting various powers under the Tenth Amendment. One list of the resolutions is collected by the "Tenth Amendment Center" here

Gee, I wonder what is motivating these "conservative" legislators to pound their chests and bellow out their "state's rights" resolutions? It wouldn't be the fact that the President of the United States is . . . . well, you know, he's at least half . . . . um, yes. I don't think his race is a coincidence, do you?

But we don't need to send the Union Army (1861) or the National Guard (1962) to stop the re-secession crisis. All we need is for the United States Congress to pass the following legislation:

"No post-secondary educational institution shall be eligible to participate in NCAA Championship play in any sport, unless that institution is located in the United States of America."

I bet that stops Georgia, Texas, and yes, Mississippi from talking this nonsense.

Could It Be . . . An Outbreak of Reason in the Magnolia State?

2009-05-05T15:40:00.003-05:00

As we wait for voters in Jackson to choose their top two candidates for Mayor, and hopefully repudiate the Empire of Emotion (Imperius Irrationalus Infantus?) of the last four years, there is -- on a topic of interest in my World -- an outbreak of Reason in Attala County.

So check this out: the Star-Herald of Kosciusko, Mississippi reports that the Attala County Coroner, who as recently as Monday asked the Board of Supervisors to contract with Dr. Stephen Hayne to conduct autopsies in that county, has changed his mind.

From the Star-Herald story:

With no medical examiner or pathologist at the top of the state’s food chain, Attala County Coroner Sam Bell thought it was a good idea for the county to hiring Dr. Steve Hayne as the county’s pathologist. On Monday, he asked the Attala County Board of Supervisors to hire Hayne but has since changed his mind.

“It’s a lawsuit waiting to happen,” Bell said on Tuesday citing the fact that Hayne has been removed from the list of state approved pathologists.

For years, many counties had relied on Hayne to do autopsies. In August, Public Safety Commissioner Steve Simpson removed Hayne from a list of approved pathologists. Bell said he was contacted by Hayne less than a week ago and he was told that Hayne had been hired by 38 other counties.

* * * *

Hayne was removed from the designated list of pathologists after the New York-based Innocence Project had accused him of sloppy work and had filed a complaint with the state Board of Medical Licensure, calling on the board to strip him of his medical license. After examining the allegations, the Board of Medical Licensure sided with Hayne. Hayne is now suing Innocence Project officials for defamation.

Hayne also is being sued, along with Hattiesburg dentist Michael West, for their testimony about the 1992 rape and slaying of a 3-year-old girl that led to the death sentence for Kennedy Brewer. Brewer is suing the pair for $18 million. He was freed after spending 15 years in prison for a crime authorities now say DNA shows he did not commit. Another man has been charged with that crime.

Congratulations to Coroner Bell for his wise decision. It's past time for public officials in our State to make the smart decision before rights are violated, innocent people are imprisoned or executed, and family members are separated from their loved ones.

Thanks to Matt Eichelberger for the tip.

Voting Booth Surprise

2009-05-05T13:59:00.002-05:00

One surprise I had when I entered the polling booth today: seven candidates for Hinds County Democratic Party Executive Committee were running unopposed for the seven positions on that board. You may recall that these were the folks who tried to oust Frank Melton from the primary as a "nonresident" of Jackson. It's a pity there wasn't an open election for those positions.