David Archie Appeal

Case: 25CI1:23-cv-00517 Document #: 61 Filed: 10/18/2023 Page 1 of 10
IN THE CIRCUIT COURT OF THE FIRST JUDICIAL DISTRICT

HINDS COUNTY, MISSISSIPPI
DAVID L. ARCHIE PLAINTIFF
vs. CAUSE NO . 1:23-CV-517
THE HINDS COUNTY DEMOCRATIC

EXECUTIVE COMMITTEE, et al. DEFENDANTS
NOTICE OF APPEAL
By this notice, The Plaintiff, the David L. Archie, (hereinafter the "Plaintiff'),
files this Notice of Appeal against Defenda nt Anthony "Tony'' Smith, and the Hinds
County Democratic Executive Committee, pursuant to Miss. Code Ann. §§ 23-15-961
(6) and 1-3-67, appealing the Final Judgment filed on Friday, October 13, 2023.
A copy of the Order is attached as Exhibit "A."
Also attach ed as Exhibit "B" is the proposed Bill of Exceptions signed by two
disinterest ed attorneys.
A cost bond of $300 is being filed with the clerk. (See copy of cost bond
document).
Respectfully submitted, this the 18th day of October , 2023.
MATTHEW WILSON (MS Bar #102344)

The Law Office of Matthew Wilson, PLLC
2218-B West Main Street
Tupelo, MS 38801
Phone: 662-260-6544
Page 1 of 7
Fax: 662-546-4893
la wyermatt@betteraskmatt.com
CERTIFICATE OF SERVICE
I, Matthew D. Wilson, do hereby certify that I have on this dat e tra nsmitted
the foregoing pleading to the following counsel of record via email MEC system:
The Hon. Bernett a Garrett-Levison

blevison@live.com
garrett2007@hotmail.com
The Hon . Danny E Cupit

decupit@aol.com
bwilmoth@cupitla wfirm.com
The Hon. Piet er Teeuwissen

adwoodard@bellsouth.net
The Ron . Samuel L Begley

begleylaw@gmail.com
The Hon . Warr en L Martin, J r

attywarrenmartin@gmail.com
attyrobertethompson@gmail.com
takeishamorgan4 74@gmail.com
The Hon. Lisa Ross

via facsimile 601-981-7917
Respectfully submitted on this the 18th day of October 2023,
Page 2 of 7
Case:
Case:25CI1:23-cv-00517
25CI1:23-cv-00517 Document
Document#:#:6160 Filed:
Filed:10/18/2023
10/13/2023 Page
Page3 1ofof102
IN TilE CIRCUIT COURT OF TilE FIRST JUDICIAL DISTRICT

OF IIINDS COUNTY, MISSISSIPPI
DAVID L. ARCI liE PETITIONER
VS. CAUSE NO. I:23-CV-517
TilE IJINDS COUNTY DEMOCRATIC

EXECUTIVE COMMITTEE, JACQUELINE
AMOS, SANDRA MCCALL, ANTI IONY
"TONY" SMJTII, TONI JOIINSON, ELECTION
SYSTEMS & SOFTWARE (ES&S), AND
I IINDS COUNTY CIRCUIT CLERK ZACK
WALLACE, JOliN DOE 1-5, AND JANE DOE 1-5 RESPONDENTS
FINAL .JUDGMENT
TI liS CAUSE having come on for hearing on the motion of Respondent Jacqueline
Amos to dismiss thi s Petition for Judicial Relief for lack of subject matter jurisdiction on
grounds that it was untimely filed which motion has been joined in by Respondents Sandra
McCall, 7..ack Wallace, Toni Johnson, and Anthony "Tony" Smith, and the Court having
considered said motion and the response filed on behalf of the Petitioner along with supporting
memoranda and affidavits of the parties, finds that, for the reasons set forth in this Court' s bench
opinion rendered on the day of heari ng which opinion is incorporated herein by reference, Miss.
Code Ann. §23- 15-927 is unambi guous and requires that a petition for judicial review be filed
within I 0 days of the date the election challenge was {iled with the County Executive Committee
which was not done in this case, and the petition is therefore untimely and deprives this Court of
subject matter jurisdiction.
lT JS TIJEREFORE ORD I ~ RED that the motion of the Respondents to dismiss shall be
and the same hereby is granted and this cause is dismissed with prejudice.
The motion for sanctions and costs against the Petitioner is denied and each party shall
bear its own costs.

Case:
Case: 25CI1:23-cv-00517 Document
25CI1:23-cv-00517 Document#: #:
6160 Filed: 10/18/2023
Filed: 10/13/2023 Page 4 of
Page 102
2 of
SO ORDERED this l1_ day of ~, ' 2023.
SUBM IT rED BY:
Is/ Danny 1: . Cupit

Danny E. Cupit, MSB #7966
LAW OfFICES Of' DANNY E. CU PIT, P.C.
304 North Congress Street
Post Office Box 22929
Jackson, Mississippi 39225
Auorney for Respondent Jacqueline Amos
Is/ Samuel L. Begley

Samuel L. Begley, Esq.
Begley Law Firm, PLLC
Post Office Box 287
Allorneyfor Respondent Sandra McCall
Is/ Pieter Tecwissen

Pieter Teeuwi ssen, Esq.
Post Office Box 16787
Jacksn, Mississippi 39236
Allorney for Respondent Zack Wallace
Is/ Warren L. Martin Jr.

Warren L. Mattin, Jr., Esq.
Warren L. Martin, Jr., P.A.
35 1 Edgewood Terrace Drive
Attorney for Respondent Anthony ''Tony" Smith
Is/ Li sa M. Ross
Lisa M. Ross, Esq.
514 E. Woodrow Wilson Blvd.
Jackson, Mi ssissi ppi 392 16
Attorney for Respondent Toni Johnson
APPROVED AS TO FORM :
Is/ Matthew Wilson

Matthew Wilson , Esq.
The Law Office of Matthew Wilson
22 18 W. Main Street, Suite B
Tupelo, Mississippi 3880 I
Attorney for David L. Archie, Petitioner
2

vs. CAUSE NO. 1:23-CV-517

PROPOSED BILL OF EXCEPTIONS
Plaintiff DAVID L. ARCHIE h ereby files this Bill of Exceptions appealing the
Final Judgment filed by the Honorable Barry Ford, the Special Judge, on October 13, 2023,
2023.
On Monday, August 8, 2023, Mr. David L. Archie, timely filed with the Hinds
County Executive Committee his petition contesting the results of the August 8 Democratic
Preference Primary for Hinds County Supervisor. On September 9, 2023, the Committee
denied Mr. Archie's election contest.
Plaintiff filed his Petition for Judicial Review on Thursday, September 8, 2023,
the day after a cyber attack disrupted operations at the Hinds County Circuit Clerk. [Doc.
No. 1] . Various defendants objected on th e grounds of subject matter jurisdiction citing a
late filing of the petition. {Doc. No. 43.] Mr. Archie claims that the statute of limitations
was extended by one day because the Clerks' office was locked. Various affidavits were
presented to that effect. [Doc. No. 49.]
A hearing was conducted on September 26 and 28, 2023. At the hearing, the
Special Judge Barry Ford ruled that the Clerk's office was open, and th at th e petition was
filed one day too late. [Doc. No. 60].
Page 3 of7
The Plaintiff takes exception with the Court's ruling on this issue of whether
the Clerk's office was closed on September 7, 2023. This issue is dispositive as to whether
the statute
The Plaintiff designates the entirety of the record of the circuit court, including
all Clerk's papers, dispositive motions, along with exhibits, affidavits, responses and
r ebuttals filed with such motions, along with the transcript of the oral argument on the
motions for conducted on September 26 and 28, 2023, and any other exhibits filed, taken or
offered in this case.
Because the attorney for Mr. Archie was unable to contact Judge Ford, the
undersigned attorneys certify that they are disinterested attorneys, th at they have
reviewed the bill of exceptions, and that they believe this is a true and correct reflection of
the proceedings in this matter.
This, the 18th day of October 2023
----
The Hon. Loyd B. "Rob" Robertson, MS Bar
--- / () f t..f3/
The Hon. Miranda Linton MS Bar 102363
Page 4 of 5
The Plaintiff takes exception with the Court's ruling on this issue of whether
I
the Clerk's office was closed on September 7, 2023. This issue is dispositive as to whether
the statute
The Plaintiff designates the entirety of the record of the circuit court, including
all Clerk's papers, dispositive motions, along with exhibits, affidavits, responses and
rebuttals filed with such motions, along with the transcript of the oral argument on the
motions for conducted on September 26 and 28, 2023, and any other exhibits filed, taken or
offered in this case.
Because the attorney for Mr. Archie was unable to contact Judge Ford, the
undersigned attorneys certify that they are disinterested attorneys, that they have
reviewed the bill of exceptions, and that they believe this is a true and correct reflection of
the proceedings in this matter.
This, the 18th day of October 2023
The Hon. Miranda Linton MS Bar 102363

\Afdtl ~ti
Page 4 of 5
I, Matthew D. Wilson, do hereby certify that I have on this date tra nsmitted
The Hon. Bernetta Garrett-Levison

blevison@live.com
The Hon. Danny E Cupit

decupit@aol.com
The Hon. Pieter Teeuwissen

The Hon. Samuel L Begley

begleylaw@gmail.com
The Hon. Warren L Martin, J r

The Hon. Lisa Ross

Is/Matthew D. Wilson
Page 5 of 7

vs. CAUSE NO. 1:23-CV-517

COST BOND FOR APPEAL
I, DAVID ARCHIE, assert that I am h eld and firmly bound unto the Circuit Clerk of
Hinds County, Mississippi and the Clerk of the Supreme Court of Mississippi in the sum of
Three Hundred Dollars ($300.00), and condition ed to pay all costs in case the appeal be
dismissed, as provided in Miss. Code Ann.§ 23-15-961 (6) and Sumner v. City of Como
Democratic Executive Comm., 972 So. 2d 616,619 (Miss. 2008). As surety, a cash bond of
$300 has been tendered to the Circuit Clerk as a n advance deposit by the Defendant's
at torney.
By: Is/David Archie
This the 18th day of October, 2023
I, Zack Wallace, Circuit Clerk of Hinds County, Mississippi h ereby approvesthe
above sta ted Cost Bond.
This the 18th day of October, 2023
Page 6 of 7
I, Matthew D. Wilson, do hereby certify that I have on this date transmitted
The Hon. Bernetta Garrett-Levison

blevison@live.com
The Hon. Danny E Cupit

decupit@aol.com
The Hon. Pieter Teeuwissen

The Hon. Samuel L Begley

begleylaw@gmail .com
The Hon. Warren L Martin, Jr

The Hon. Lisa Ross

Is/Matth ew D. Wilson
Page 7 of 7

David Archie Appeal

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Case: 25CI1:23-cv-00517 Document #: 61 Filed: 10/18/2023 Page 1 of 10

IN THE CIRCUIT COURT OF THE FIRST JUDICIAL DISTRICT

DAVID L. ARCHIE PLAINTIFF

vs. CAUSE NO . 1:23-CV-517

THE HINDS COUNTY DEMOCRATIC

County Democratic Executive Committee, pursuant to Miss. Code Ann. §§ 23-15-961

A copy of the Order is attached as Exhibit "A."

Respectfully submitted, this the 18th day of October , 2023.

MATTHEW WILSON (MS Bar #102344)

The Hon. Bernett a Garrett-Levison

The Hon . Danny E Cupit

The Hon. Piet er Teeuwissen

The Ron . Samuel L Begley

The Hon . Warr en L Martin, J r

The Hon. Lisa Ross

Respectfully submitted on this the 18th day of October 2023,

IN TilE CIRCUIT COURT OF TilE FIRST JUDICIAL DISTRICT

DAVID L. ARCI liE PETITIONER

VS. CAUSE NO. I:23-CV-517

TilE IJINDS COUNTY DEMOCRATIC

subject matter jurisdiction.

bear its own costs.

SO ORDERED this l1_ day of ~, ' 2023.

SUBM IT rED BY:

Is/ Danny 1: . Cupit

Is/ Samuel L. Begley

Is/ Pieter Tecwissen

Is/ Warren L. Martin Jr.

Is/ Matthew Wilson

IN THE CIRCUIT COURT OF THE FIRST JUDICIAL DISTRICT

DAVID L. ARCHIE PLAINTIFF

vs. CAUSE NO. 1:23-CV-517

THE HINDS COUNTY DEMOCRATIC

PROPOSED BILL OF EXCEPTIONS

denied Mr. Archie's election contest.

No. 1] . Various defendants objected on th e grounds of subject matter jurisdiction citing a

presented to that effect. [Doc. No. 49.]

filed one day too late. [Doc. No. 60].

offered in this case.

the proceedings in this matter.

This, the 18th day of October 2023

The Hon. Miranda Linton MS Bar 102363

offered in this case.

the proceedings in this matter.

This, the 18th day of October 2023

The Hon. Miranda Linton MS Bar 102363

The Hon. Bernetta Garrett-Levison

The Hon. Danny E Cupit

The Hon. Pieter Teeuwissen

The Hon. Samuel L Begley

The Hon. Warren L Martin, J r

The Hon. Lisa Ross

Respectfully submitted on this the 18th day of October 2023,

IN THE CIRCUIT COURT OF THE FIRST JUDICIAL DISTRICT

DAVID L. ARCHIE PLAINTIFF

vs. CAUSE NO. 1:23-CV-517

THE HINDS COUNTY DEMOCRATIC

COST BOND FOR APPEAL

By: Is/David Archie

This the 18th day of October, 2023

I, Zack Wallace, Circuit Clerk of Hinds County, Mississippi h ereby approvesthe

above sta ted Cost Bond.

This the 18th day of October, 2023