BREAKING – Judge Tomie Green overturned by MSSC on Ronnie Musgrove surrogates’ ballot appeal in MS-B

Hinds County Circuit Court Judge Tomie Green has once again been overturned faster than pancakes at an IHOP.

Governor Haley Barbour and Secretary of State Delbert Hosemann appealed the Temporary Restraining Order issued September 9th within a few hours of a State Elections Commission meeting that officially set the November 4 ballot. It took about as long to vacate Judge Greene’s Temporary Restraining Order by the Mississippi Supreme Court on procedural grounds as it did for her to mock it up.

Here is the order from MSSC. Justices Waller, Carlson and Randolph ruled as a panel this afternoon. The TRO has been vacated and the case has been otherwise sent back to Judge Green’s courtroom for regular processing.

The question is whether the ballots will be sent out immediately by the Secretary of State’s office rendering the lawsuit a moot point. If there is a hearing tomorrow and/or the ballots haven’t been sent out, Barbour and Hosemann will most likely lose in Judge Greene’s courtroom only to appeal to the MSSC and win again.

Text of Order

ORDER
This matter came before the panel of Waller, P.J., Carlson and Randolph, JJ., on the Petition for Extraordinary Writ Vacating and Setting Aside Temporary Restraining Order,
or in the Alternative for Interlocutory Appeal with Immediate Stay, and for Other Relief, filed by counsel for the petitioners. The panel finds that a response is not required to make
its decision.

After a review of the pleadings and papers before us, the panel finds that the petition should be granted, only in part, insofar as the Temporary Restraining Order issued by the
Circuit Court of the First Judicial District of Hinds County, Mississippi, on September 9, 2008, at l:00 p.m. should be dissolved for failure to comply with Miss. R. Civ. P. Rule 65.
All other relief requested by the petitioners should be dismissed without prejudice to present same to the trial court for consideration.

IT IS THEREFORE ORDERED that the Petition for Extraordinary Writ Vacating and Setting Aside Temporary Restraining Order, or in the Alternative for Interlocutory Appeal
with Immediate Stay, and for Other Relief is hereby granted, in part as herein declared above, and the Temporary Restmining Order entered in this matter by the Circuit Court of the First
Judicial District of Hinds County, Mississippi is hereby dissolved.

IT IS FURTHER ORDERED that all other relief requested by the petitioners is hereby dismissed without prejudice.

SO ORDERED, this the 10th day of September, 2008.

Judge William Waller