In Re: Order Establishing Civil and Criminal Divisions in the Hinds County Circuit Court
| Docket Number: | 2012-M-00693-SCT Linked Case(s): 2012-M-00693 ; 2012-M-00693 |
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| Supreme Court: | Opinion Link Opinion Date: 12-06-2012 Opinion Author: Chandler, J. Holding: Dismissed |
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| Additional Case Information: |
Topic: Constitutionality of court order - Section 9-7-25(2) - M.R.A.P. 27(g) - Actual controversy Judge(s) Concurring: Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Pierce and King, JJ. Judge(s) Concurring Separately: Carlson, P.J., Specially Concurs With Separate Written Opinion Joined by Dickinson, P.J., and Lamar, J.; Randolph, Kitchens, Chandler and Pierce, JJ. Join In Part. Non Participating Judge(s): Waller, C.J. |
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| Note: | Petition for Emergency Judicial Relief, Pursuant to M.R.A.P. 27(g), filed by Circuit Judge Jeff Weill, Sr., is dismissed as moot. | |
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| Topic: | Constitutionality of court order - Section 9-7-25(2) - M.R.A.P. 27(g) - Actual controversy |
| Summary of the Facts: | Senior Circuit Judge Tomie T. Green entered an order establishing civil and criminal divisions in the Circuit Court of the First Judicial District of Hinds County pursuant to sections 9-7-3(5) and 9-7-25(2). Circuit Judge Jeff Weill Sr. filed a Petition for Emergency Judicial Relief challenging the constitutionality of the order. Judge Green later entered an order withdrawing the order establishing civil and criminal divisions. |
| Summary of Opinion Analysis: | Judge Weill argued that Judge Green’s actions went beyond the intent of section 9-7-25(2) and did not comport with M.R.A.P. 27(g). Since Judge Green has withdrawn the order challenged by Judge Weill’s petition, there is no actual controversy, and the issues raised in Judge Weill’s petition are moot. |
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