Summaries of Mississippi Supreme Court opinions of February 17, 2022

There is not a lot of excitement today. There are just three opinions, all disposing of pro se applications for leave to proceed with PCR motions in the trial court:

Linson v. State, 2018-M-1063 (denying the petition and sanctioning the movant by restricting him from filing further applications for post-conviction collateral relief (or pleadings in that nature) that are related to this conviction and sentence in forma pauperis)

Fulcher v. State, 2021-M-1195W (denying the petition and threatening sanctions)

Williams v. State,  2021-M-01267 (denying the petition and threatening sanctions)


The order in McBride v. Quality Carriers, Inc., 2021-CP-235, granting appellees’ joint motion to dismiss the appeal and denying appellees’ motions to strike the appellant’s brief piqued my interest. I skimmed the briefing which indicates that the circuit court dismissed the plaintiff’s personal injury lawsuit with prejudice because of the plaintiff’s repeated failure to comply with the trial court’s orders and cooperate in discovery after the plaintiff’s attorney withdrew. The pro se plaintiff took a turn as a pro se appellant but fared no better as the supreme entered an order dismissing the appeal.

Somewhere in the course of the proceedings, the plaintiff/appellant filed a motion with the classic trial/trail typo but in rare handwritten form:


Congratulations to the long-suffering appellees on this win.


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Author: Madison Taylor

Shareholder at Wilkins Patterson in Mississippi handling appeals as well as all stages of liability and workers' compensation matters. Admitted to the bar in Mississippi, Tennessee, and North Carolina.

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