Opinion
2016-M-01013
08-18-2016
In Re: Robert Shuler Smith
EN BANC
Hinds Circuit Court 1st District;
LC Case #: 14-CV-9004;
Ruling Judge: Jeff Weill, Sr.;
Disposition: Before the Court, en banc, is the Mississippi Attorney General's Motion for Extraordinary Writ and for Appointment of Special Judge and for Supplemental Relief. The State's motion to file the aforementioned motion under seal is dismissed as moot, as the motion was physically filed under seal and, pursuant to M.R.A.P. 48A(c), it shall remain sealed until unsealed by order of this Court. The State's motion for an extraordinary writ disqualifying the Hinds County District Attorney, Robert Shuler Smith, and his Assistant District Attorneys from attending the grand jury in Hinds County is dismissed without prejudice to be presented to Special Circuit Judge Larry E. Roberts in the Hinds County Circuit Court. The State's motion to hold in abeyance any ruling on "Robert Smith's Motion for Writs of Prohibition and Mandamus with Respect to Order Stripping Him of His Duties as District Attorney" is denied. The State's motion for the appointment of a Special Judge is dismissed as moot. The State's motion to disqualify Attorney Jim Waide as counsel for District Attorney Smith is dismissed without prejudice to be filed in the trial court. Agree: All Justices. Order entered.