In re Robb

710 So. 2d 1218, 1998 Miss. LEXIS 250, 1998 WL 240122
CourtMississippi Supreme Court
DecidedMay 14, 1998
DocketNo. 97-BR-00032-SCT
StatusPublished

This text of 710 So. 2d 1218 (In re Robb) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Robb, 710 So. 2d 1218, 1998 Miss. LEXIS 250, 1998 WL 240122 (Mich. 1998).

Opinion

MILLS, Justice,

for the Court:

STATEMENT OF THE CASE

¶ 1. Today we once again address the matter of Robert Charles Robb, III and his fitness to practice law. This Court suspended Robb from the practice of law in the State of Mississippi for six months on June 20, 1996. Mississippi Bar v. Robb, 684 So.2d 615 (Miss.1996). We remanded his petition for reinstatement for a full evidentiary hearing on November 26, 1997. See In re Petition of Robb, 702 So.2d 423 (Miss.1997). The Complaint Tribunal filed its Findings of Fact and Report to this Court on February 23, 1998. We now must determine whether to reinstate Robb to the practice of law.

DISCUSSION

¶2. “The function of the reinstatement petition is to determine whether the attorney has complied with the terms of the suspension order and whether he has otherwise appropriately conducted himself.” Haimes v. Mississippi State Bar, 551 So.2d 910, 912 (Miss.1989) (construing Rule 12, Rules of Discipline).

¶ 3. We are satisfied that Robb has met the minimum requirements of complying, if begrudgingly, with the specific terms of his suspension order. However, the proof is less than compelling that he has appropriately conducted himself in the interim following his suspension.

¶ 4. This cause was remanded to the Complaint Tribunal for findings of fact due to our concern regarding a gun incident involving Robb and Gloria Fisher at a Delchamps grocery during his suspension period. Robb was deposed on February 11, 1997 by the Mississippi Bar. Under oath, Robb described the Delchamps incident as follows:

A. That’s either a Tuesday or Wednesday, as I recall. And I walked into the back and there were two ladies back there. Gloria was kind of into my front, and the other lady was to the left. And I held up the doughnuts. I said, Gloria, are these day-old doughnuts? Don’t you have any[1219]*1219thing fresh? And she said, What? And I said, We need some day-old doughnuts. About that time my — the pistol, because I had some problems with it, started slipping. I pulled — it has a spring in it. I think you’re familiar with the gun. It has a spring up in the barrel. You know, it was forcing its way through, and it was about to come apart. And I pulled it out and I stuck the pistol, the barrel — not the barrel, but the front of the gun into my side to push the spring back up in it and stuck it in my belt.
And about that time Gloria said, Ooh, wee, what is that? And I said, Have you got some doughnuts? She said, Let me see that. She walked around up to me and she said, Let me see that. I said, No, no, no. You know, you might hurt yourself. It was kind of a knee-jerk response. Even though the gun wasn’t loaded and didn’t have a barrel in it, the response was, you know, you don’t play with guns, especially somebody like that who is not familiar with it.
So I said, I need a half a dozen doughnuts. And she said, Why don’t you get— she said, Okay, I’ll cook you some. I’ll fix you some. We don’t have any. I said, Well, Gloria, cook me some, you know. I said, She’s working — the lady that was there with her, I pointed. I said, She’s got some there. Give me a half dozen of those. She said okay.
And I walked out and back around the counter, and she came out to the counter and said, Why don’t you get a dozen? And I said, Why? She said, Because six is $2 and a dozen in $1.99. What am I going to do with a dozen? I said, Okay. Well, put them in two bags. I was going to go back to the Delta Ford, and the woman who is the finance manager there — I guess that’s what her title is — is a friend of mine. I thought, Well, I’ll just take her a half dozen doughnuts and take my own half with me. Well, I got the doughnuts.
One of the assistant managers came up and asked me about the gun, and I told him, you know, there wasn’t any problem, everything is okay. He said okay. She gave me the doughnuts. Oh, and while she was getting the doughnuts, he was there. I walked to the back of the store and got a quart of milk. I might have got a pint of milk. Came back to the front and she had the doughnuts, and she gave me the ticket and everything. I went out the front door and that was it.
Q. Did you point the gun at her?
A. No, sir, I did not. That is absolutely not correct. I did not do that. Not even in play. Not even without a barrel, not even without cartridges in it. That’s — I don’t play with firearms. I’ve never done that. I went back to—
Q. Did you say anything to her about shooting her?
A. No, sir, I did not. I did not, never. The only thing that she — if anything, she misinterpreted when I said — when she wanted to come look at the pistol, if she wanted to come touch it or do something, I said, No, you might shoot yourself. It’s kind of a response I’d make to anybody when they start coming around a firearm. If they don’t — unless it was somebody I knew well, I certainly wouldn’t hand anybody a firearm loaded or unloaded or even in that condition. That’s how people get hurt literally with doing those type of things.
And I took the gun apart for the specific purpose of not having a concealed weapon, not having a weapon in my hand. I left the barrel in the car, so it was not a functional firearm.
I went back and took the doughnuts up to the lady at Delta Ford and went out and waited a little while longer. And I called my wife and I said, The courtesy car is not here yet. I said, Come get me and just take me to the house, you know, and we’ll just get the car later this afternoon or tomorrow night. So she did.

¶ 5. Upon remand, the Complaint Tribunal found as follows regarding this incident:

In September of 1996 at approximately 8:00 A.M. Petitioner had taken his wife’s automobile to a repair agency in Vicksburg, Mississippi to be left for some type of repair work. A Colt 45 caliber automatic pistol, normally carried in the vehicle by Petitioner or his wife, was removed by [1220]*1220Petitioner, dissembled by removing the barrel, and the remaining portion of the eight inch weapon was placed by Petitioner in his waistband of his casual slacks or blue jeans. Petitioner then walked approximately 100 yards to the deli located in a nearby Delchamps store to purchase doughnuts while awaiting a courtesy car for transportation. Petitioner was known to the personnel at the deli where he had frequently purchased doughnuts as a normal morning routine.
Gloria Fisher was manager at the deli. After entering the deli Petitioner went into the area of the store where doughnuts were fried and pastries baked. There he confronted Gloria and apparently attempted to tease her about her being late. Defensively, Gloria told him "... I didn’t want to fool with him.” Gloria had in actuality been late at some previous time unbeknown to Petitioner who then pulled the .45 automatic pistol and pointed it at her and said “I’ll shoot you.” Petitioner then went into another section of the store, picked up some milk, returned to the deli area and paid for the doughnuts and milk and left.
The events and dialogue were witnessed by Cheryl Washington, another deli employee, who reported the incident to Ricky Bourg, assistant manager at the store.

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Related

Petition of Robb
702 So. 2d 423 (Mississippi Supreme Court, 1997)
Haimes v. Mississippi State Bar
551 So. 2d 910 (Mississippi Supreme Court, 1989)
Mississippi Bar v. Robb
684 So. 2d 615 (Mississippi Supreme Court, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
710 So. 2d 1218, 1998 Miss. LEXIS 250, 1998 WL 240122, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-robb-miss-1998.