Mississippi Department of Corrections v. Roderick & Solange MacArthur Justice Center

Mississippi Supreme Court

Mississippi Department of Corrections v. Roderick & Solange MacArthur Justice Center

165 So. 3d 465, 2015 Miss. LEXIS 329, 2015 WL 3824893

CourtMississippi Supreme Court

DecidedJune 4, 2015

DocketNo. 2015-TS-00431-SCT

StatusPublished

This text of 165 So. 3d 465 (Mississippi Department of Corrections v. Roderick & Solange MacArthur Justice Center) 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

Mississippi Department of Corrections v. Roderick & Solange MacArthur Justice Center, 165 So. 3d 465, 2015 Miss. LEXIS 329, 2015 WL 3824893 (Mich. 2015).

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ORDER

Now before the Court, en banc, is “MDOC’s Emergency Motion for Stay Pending Appeal and Request for Expedited Consideration” filed by the Mississippi Department of Corrections (MDOC) and a response filed by the Roderick and So-lange MacArthur Justice Center (Justice Center).' On March 6, 2015, the Hinds County Chancery Court ordered MDOC to disclose information regarding its execution protocols to the Justice Center. MDOC has appealed the decision and now seeks a stay of the chancellor’s order pending resolution of the case on appeal. The Justice Center opposes a stay. But, if the Court chooses to grant MDOC’s request, the Justice Center seeks a stay of executions during the pendency of this appeal. After due consideration, we find that the motion of MDOC is well-taken and should be granted. The stay of executions during the pendency of this appeal requested by the Justice Center should be denied.

IT IS, THEREFORE, ORDERED that “MDOC’s Emergency Motion for Stay Pending Appeal and Request for Expedited Consideration” filed by the Mississippi Department of Corrections is granted. Enforcement of the Hinds County Chancery Court’s March 6, 2015, Order and Opinion in Hinds County Chancery Court Case. No. G2014-1885 0/3 is stayed pending the issuance of this Court’s mandate in this appeal.

IT IS FURTHER ORDERED that the request of the Justice Center for a stay of executions of inmates sentenced to death pending the resolution of this case on appeal is denied.

IT IS FURTHER ORDERED that this appeal is expedited on the following schedule: within ten days of the entry of this order, the court reporter’s transcript shall be filed; within twenty days of the entry of this order, the record on appeal shall be filed; within thirty days of the filing of the record on appeal, the appellant’s brief and record excerpts shall be filed; within thirty days of the filing of the appellant’s brief and record excerpts, the appellee’s brief and any record excerpts shall be filed; and within ten days of the filing of the appel-lee’s brief, any reply brief by the appellant shall be filed. Absent extraordinary circumstances, no requests shall be made to modify this schedule. ■

SO ORDERED.

/s/ William L. Waller, Jr.

WILLIAM L. WALLER, JR., CHIEF JUSTICE.

TO AGREE: WALLER, C.J., RANDOLPH, P.J., CHANDLER, PIERCE AND COLEMAN, JJ. PIERCE, J., AGREES TO ORDER WITH SEPARATE WRITTEN STATEMENT. KITCHENS, J., OBJECTS WITH SEPARATE WRITTEN STATEMENT JOINED BY DICKINSON, P.J.; KING, J., JOINS IN PART.

KING, J., OBJECTS WITH SEPARATE WRITTEN STATEMENT JOINED BY DICKINSON, P.J.; KITCHENS, J., JOINS IN PART.

LAMAR, J., NOT PARTICIPATING.

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ORDER

Now before the Court, en banc, is “MDOC’s Emergency Motion for Stay Pending Appeal and Request for Expedited Consideration” filed by the Mississippi Department of Corrections (MDOC) and a response filed by the Roderick and So-lange MacArthur Justice Center (Justice Center).' On March 6, 2015, the Hinds County Chancery Court ordered MDOC to disclose information regarding its execution protocols to the Justice Center. MDOC has appealed the decision and now seeks a stay of the chancellor’s order pending resolution of the case on appeal. The Justice Center opposes a stay. But, if the Court chooses to grant MDOC’s request, the Justice Center seeks a stay of executions during the pendency of this appeal. After due consideration, we find that the motion of MDOC is well-taken and should be granted. The stay of executions during the pendency of this appeal requested by the Justice Center should be denied.

IT IS, THEREFORE, ORDERED that “MDOC’s Emergency Motion for Stay Pending Appeal and Request for Expedited Consideration” filed by the Mississippi Department of Corrections is granted. Enforcement of the Hinds County Chancery Court’s March 6, 2015, Order and Opinion in Hinds County Chancery Court Case. No. G2014-1885 0/3 is stayed pending the issuance of this Court’s mandate in this appeal.

IT IS FURTHER ORDERED that the request of the Justice Center for a stay of executions of inmates sentenced to death pending the resolution of this case on appeal is denied.

IT IS FURTHER ORDERED that this appeal is expedited on the following schedule: within ten days of the entry of this order, the court reporter’s transcript shall be filed; within twenty days of the entry of this order, the record on appeal shall be filed; within thirty days of the filing of the record on appeal, the appellant’s brief and record excerpts shall be filed; within thirty days of the filing of the appellant’s brief and record excerpts, the appellee’s brief and any record excerpts shall be filed; and within ten days of the filing of the appel-lee’s brief, any reply brief by the appellant shall be filed. Absent extraordinary circumstances, no requests shall be made to modify this schedule. ■

SO ORDERED.

/s/ William L. Waller, Jr.

WILLIAM L. WALLER, JR., CHIEF JUSTICE.

TO AGREE: WALLER, C.J., RANDOLPH, P.J., CHANDLER, PIERCE AND COLEMAN, JJ. PIERCE, J., AGREES TO ORDER WITH SEPARATE WRITTEN STATEMENT. KITCHENS, J., OBJECTS WITH SEPARATE WRITTEN STATEMENT JOINED BY DICKINSON, P.J.; KING, J., JOINS IN PART.

KING, J., OBJECTS WITH SEPARATE WRITTEN STATEMENT JOINED BY DICKINSON, P.J.; KITCHENS, J., JOINS IN PART.

LAMAR, J., NOT PARTICIPATING.

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165 So. 3d 465, 2015 Miss. LEXIS 329, 2015 WL 3824893, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mississippi-department-of-corrections-v-roderick-solange-macarthur-miss-2015.

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