Miss. State Supreme Court bans one of its own from dissent

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Justices voting with Randolph against Diaz and Justice James Graves of Jackson were Ann Hannaford Lamar, George Carlton and Jess Dickinson.

Voting to stop Diaz's public dissent were Chief Justice Smith and justices William Waller Jr., Carlton, Dickinson and Randolph.

Banning a justice from publishing his dissent is highly unusual, said a former state judge, who asked not to be identified.

Diaz speculates it "may be unprecedented in the history of American jurisprudence."

"I don't know of any instance this has happened," said the judge with Supreme Court experience.

Oxford attorney Tom Freeland IV was not so circumspect with his reaction:

"I have been following the Mississippi Supreme Court closely for 25 years and I have never heard of such a thing," he said Thursday.

A look at Diaz's dissent shows he argues the error of the court's decision that the statute of limitations for wrongful death lawsuits begins at the time of the injury, not on the date of death.

"The obvious result is that a wrongful death action may expire before the decedent does.

"This judicially created rule is without foundation, and frankly, absurd," he adds in his seven-page document provided to the Daily Journal.

Diaz, a former Republican legislator, was appointed to the court in 2000 by Gov. Ronnie Musgrove. He won a full eight-year term later that year. He is seeking re-election this fall, but has strong opposition from Pearl River Chancery Judge Randy Pierce, who appears to be backed by big business and medical interests.

It's no secret the more liberal Diaz and Justice James Graves from Jackson often disagree with the more conservative majority, but their dissents have not been prohibited until this action.

"It looks like they just didn't want opposing opinions to be heard," Diaz added.

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Reposted with permission. Full dissenting opinion reproduced below:

IN THE SUPREME COURT OF MISSISSIPPI

No. 2006-IA-00859-SCT

MISSISSIPPI STATE VETERANS AFFAIRS BOARD, Appellant

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