Legal Opinion · Concurring in part, dissenting in part

Pascagoula School District v. Tucker

Mississippi Supreme Court

Decided April 12, 2012No. 2010-CA-00955-SCTPublished

1Concurring in part, dissenting in partRandolph, Justice

¶ 29. Justice should never yield to expediency, and we ought not rush to judgment based on a perceived notion that we can omnipotently decide a dispute which was never presented to the trial court. Thus, I concur that the ease sub judice should be remanded to the chancery court, however, the doctrine of stare decisis dictates a different disposition when it arrives in the appropriate forum, a trial court. Anyone who desires to claim that Mississippi Code Section 19-9-171 violates Article 8, Section 206, of the Mississippi Constitution should first contest it in a court of original…

2Cases cited50 opinions

  1. Billiot v. StateMississippi Supreme Court · 1984
  2. UHS-Qualicare, Inc. v. GULF COAST COM. HOSP., INC.Mississippi Supreme Court · 1987
  3. Caves v. YarbroughMississippi Supreme Court · 2008
  4. Colburn v. StateMississippi Supreme Court · 1983
  5. Tricon Metals & Services, Inc. v. ToppMississippi Supreme Court · 1987

45 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API