Attorney William Starks recently filed a response to the interlocutory appeal Mayor Lynn Spruill’s defense team filed with the Mississippi Supreme Court.
The interlocutory appeal was previously approved by the Oktibbeha County Circuit Court.
Johnny Moore’s defense requests the denial of the interlocutory appeal. The reasons pointed out in the response list the court’s ruling in the Chandler v. McKee case which provides there is no prohibition to filing a petition for judicial review prior to the 10-day deadline, set in Mississippi code.
Moore’s defense also states Spruill did not provide a substantial basis for her disagreement with the trial court’s ruling other than the disagreement of the result.
The response says petitions for permission to appeal must be filed within 21 days after the entry of such order in the trial court. It states the circuit clerk stamped the appeal on Aug. 21, but the general docket of the circuit clerk shows it was entered on Aug. 16. Spruill filed the petition on Sept. 8, the 23rd day after the entry of the general
docket.
According to the submitted response, Moore’s defense pleaded the same issues in the election contest before both the Starkville Municipal Democratic Executive Committee and the Circuit Court, thus requesting the denial of the interlocutory appeal.
Attorney Jim Mozingo filed an interlocutory appeal on behalf of Spuill to the Mississippi Supreme Court in early Septemeber.
In the appeal’s introduction, it refers to two issues existing in the case.
The first issue says after citing Chandler v. McKee, the special judge has jurisdiction to hear Moore’s petition, despite having failed to proceed before the SMDEC on his petition though the committee scheduled, and was prepared to hear Moore’s petition within the time allotted by the statute and a time which Moore did not object.
The second issue is the court ruled Moore may proceed with all matters presented to the committee despite recognizing Moore’s issues had not been “presented with specificity,” as required by law, and despite Moore’s failure to proceed before the committee at all.
Overall, the appeal challenges Moore’s ability to skip and ignore the requirement of state and he present specific exceptions before the committee before he proceeds to suit in Circuit Court.
Special Judge Barry Ford, who was appointed by the Mississippi Supreme Court in mid-June to oversee the hearing, denied Spruill’s motion to dismiss Moore’s request for judicial review in Oktibbeha County Circuit Court in July.
According to the circuit court’s document, it approved the request of the plaintiff to review the ballot boxes presently in the custody of the City Clerk of Starkville and make copies of the nine affidavit ballots and their envelopes, all the absentee ballots and their envelopes and voter receipt books.
All other requests of the plaintiff for inspection of the ballot boxes and copying their contents have been denied.
Despite the challenge moving forward, Spruill still holds Starkville’s highest office after being sworn in on July 3.
Spruill was certified as the winner by seven votes in May