Jerry Mitchell Writes about Bubba Pierce’s New Out of State Friends

Anita Lee debunked the recent anti Diaz LEAA ads in a story we profiled here.  Now, the Special Committee on Judicial Election Campaign Intervention has found the recent LEAA.org ad violates the Code of Judicial Conduct. Comcast has pulled the ads and now I wonder if individuals stations like WDAM and WLOX will do likewise or at least offer Justice Diaz equal time free of charge to debunk the slanderous ads (from which they profited) designed to benefit Diaz’s opponent Bubba Pierce.

Speaking of Mr Pierce he has adopted an ostrich strategy saying that he can’t comment on an ad he hasn’t seen nor does he have the time to research the cases. Not that this information has not been put out as Anita Lee and now Jerry Mitchell have publiiczed how the ad is misleading. I guess the word of former Supreme Court Justice Fred Banks isn’t good enough for Bubba either.

It is telling how quickly Mr Pierce hopped into bed with these out of state special interest groups that don’t have the sack to conduct their business above board in the light of day. It reminds me of the Cockroach Theory, which states that if you see one cockroach in your house, you have to assume there a many more lurking unseen. Here is the latest list of doctors and big business executives behind Bubba (not counting the out of state shadow groups like LEAA) including lots of out of district contributions from Jackson area Docs that want to insure that malpractice continues going  unpunished in Mississippi.

Now for some excerpts from today’s Clarion Ledger story:

A judicial elections committee on Wednesday condemned a misleading television advertisement that claims state Supreme Court Justice Oliver Diaz Jr. “voted for” two baby killers and the man executed for beating a woman to death.

The truth is Diaz, who is seeking re-election, wasn’t on the court when one case was heard. In a second, he voted for a hearing on DNA testing, not against conviction. And in a third, he joined then-Chief Justice Ed Pittman in concluding that trial errors required a new trial. Continue reading “Jerry Mitchell Writes about Bubba Pierce’s New Out of State Friends”

Jerry Mitchell Writes about Bubba Pierce's New Out of State Friends

Anita Lee debunked the recent anti Diaz LEAA ads in a story we profiled here.  Now, the Special Committee on Judicial Election Campaign Intervention has found the recent LEAA.org ad violates the Code of Judicial Conduct. Comcast has pulled the ads and now I wonder if individuals stations like WDAM and WLOX will do likewise or at least offer Justice Diaz equal time free of charge to debunk the slanderous ads (from which they profited) designed to benefit Diaz’s opponent Bubba Pierce.

Speaking of Mr Pierce he has adopted an ostrich strategy saying that he can’t comment on an ad he hasn’t seen nor does he have the time to research the cases. Not that this information has not been put out as Anita Lee and now Jerry Mitchell have publiiczed how the ad is misleading. I guess the word of former Supreme Court Justice Fred Banks isn’t good enough for Bubba either.

It is telling how quickly Mr Pierce hopped into bed with these out of state special interest groups that don’t have the sack to conduct their business above board in the light of day. It reminds me of the Cockroach Theory, which states that if you see one cockroach in your house, you have to assume there a many more lurking unseen. Here is the latest list of doctors and big business executives behind Bubba (not counting the out of state shadow groups like LEAA) including lots of out of district contributions from Jackson area Docs that want to insure that malpractice continues going  unpunished in Mississippi.

Now for some excerpts from today’s Clarion Ledger story:

A judicial elections committee on Wednesday condemned a misleading television advertisement that claims state Supreme Court Justice Oliver Diaz Jr. “voted for” two baby killers and the man executed for beating a woman to death.

The truth is Diaz, who is seeking re-election, wasn’t on the court when one case was heard. In a second, he voted for a hearing on DNA testing, not against conviction. And in a third, he joined then-Chief Justice Ed Pittman in concluding that trial errors required a new trial. Continue reading “Jerry Mitchell Writes about Bubba Pierce's New Out of State Friends”

Supremely smarter today Supremes release Diaz dissent to Daily Journal (UPDATE in comments)

Patsy Brumfield provides an update to yesterday’s story about the Mississippi Supreme Court’s ban on publication of Judge Diaz’s dissenting view on a decision – and there is no longer any question the Supremes play politics with the State’s judicial system.

First, however, a look at the related Order Diaz issued. h/t folo:

This order is entered pursuant to the order of this court to dismiss the petition for certiorari as improvidently granted. By majority vote, the undersigned Justice was prohibited from issuing the attached dissent to the above referenced order. The authority to issue a dissent to an order of this court is well established. See In re Bell, 2006 Miss. LEXIS 769 (Nov. 9, 2006) (Diaz, J., dissenting) andBarrettv. State, 670 So. 2d20 (Miss. 1996) (Banks, J., dissenting, joined by Lee, C.l).

The authority to issue a dissent to an order to dismiss a petition for certiorari is likewise well established. See e.g., Roper v. Weaver, 127 S. Ct. 2022, 2024, 167 L.Ed.2d 966 (2007) (Scalia, 1., dissenting, joined by Thomas & Alito, n.). A majority vote to censor a justice of the court and prohibit the issuance of a dissenting opinion may be unprecedented in the history of American jurisprudence. (emphasis added)

SO ORDERED, this the 21st day of August, 2008.

Oliver E. Diaz, Jr., Presiding Judge

Next, from the Daily Journal’s update:

It’s public now – a dissenting opinion banned from disclosure Thursday by a majority of the Mississippi Supreme Court. Continue reading “Supremely smarter today Supremes release Diaz dissent to Daily Journal (UPDATE in comments)”

Supremely stupid decision – Mississippi Supreme Court bans publication of Justice Diaz's dissent

Acceptance of dissent is the fundamental requirement of a free society.

What, then, does it mean when the Justices of the Mississippi Supreme Court vote to ban publication of Judge Diaz’s dissenting opinion?

Well, take a look and then a guess.

A look at Diaz’s dissent shows he argues the error of the court’s decision that the statute of limitations for wrongful death lawsuits begins at the time of the injury, not on the date of death.

“The obvious result is that a wrongful death action may expire before the decedent does.

“This judicially created rule is without foundation, and frankly, absurd,” he adds in his seven-page document provided to the Daily Journal.

Patsy Brumfield had the story on-line for the Journal but a h/t goes to Y’all for the notice.

Obviously, voting to ban publication of a dissenting opinion is an assault on justice almost beyond comprehension – but so was the majority decision. Not to mention it gave common sense a pretty good whack, too.

What kind of tort reform is it to have folks filing suit for wrongful death while they’re still alive?

Patsy’s story has more details but we are left to guess the thinking behind the decision itself and the subsequent decision to ban the dissenting opinion of Justice Diaz; but, I suspect we’re not missing much. Continue reading “Supremely stupid decision – Mississippi Supreme Court bans publication of Justice Diaz's dissent”