Thursday, October 20, 2016, 7:05 pm
News Flash Archive
On October 4, Hinds County Circuit Court Judge Winston Kidd dismissed Dr. Arnold Smith's lawsuit demanding that Attorney General Jim Hood be removed from office.
Smith has been embroiled in numerous lawsuits against AG Hood ever since Smith was arrested in April 2012 and charged with conspiracy to murder Greenwood attorney Lee Abraham. Smith was charged with hiring a hit man to carry out the killing.
Agents of the Attorney General's office were waiting at Mr. Abraham's law office when the alleged hit men arrived. A shoot-out ensued, with one of the alleged hit men killed, and the other seriously wounded.
Smith's most recent lawsuit, filed in June of this year, claimed that the Attorney General had vacated his office once he engaged in law enforcement and investigative activities. According to Smith, these activities are the purview of the executive branch, but, Smith claims, the Attorney General is a member of the judicial branch of government. Generally speaking, a member of the judicial branch may not perform the functions of any other branch of government.
Smith's lawsuit included an horrific close-up photograph of the head of Keaira Byrd, lying in a pool of blood on the floor.
Smith's lawsuit may be seen here: Smith Suit to Remove the Attorney General.
The Attorney General's defense was that his office is actually part of the executive branch, and therefore no conflict has taken place. The AG cited several Supreme Court decisions upholding his view.
The AG's reply to Smith's suit may be seen here: AG's Reply to Smith Lawsuit.
In a terse two-page opinion, Judge Winston Kidd agreed with the AG's argument. He wrote:
The Court finds that as a matter of law the Office of the Attorney General is within the executive branch of state government.
Judge Kidd's Opinion may be seen here: Court Opinion Dismissing Smith Suit.
Dr. Smith's attorney, William Bell of Ridgeland, immediately filed his notice that he will appeal Judge Kidd's decision to the State Supreme Court.
John Pittman Hey
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