Mississippi Court of Appeals Decisions of January 17, 2023

The Mississippi Court of Appeals handed down seven opinions today. There are several criminal cases, a reversal of summary judgment in a slip and fall case, an arbitration denial, and several PCR cases.

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Jones v. State, 2021-KA-01263-COA (Criminal – Felony)
Affirming conviction of capital murder, holding the trial court did not err in denying a mistrial after a prospective juror mentioned the defendant’s past wrongdoing, that the verdict was based on sufficient evidence and not against the weight of the evidence, and that the ineffective assistance of counsel claim could not be appropriately addressed on direct appeal and denying the issue without prejudice.
(10-0)

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Creel v. State, 2021-CP-00977-COA (Civil – PCR)
Affirming dismissal of a motion for PCR, holding that the plaintiff was properly sentenced under the statute in place at the time of his offenses and that his guilty pleas were entered knowingly, intelligently, and voluntarily.
(9-0: Judge Emfinger did not participate)

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Smith v. State, 2021-CA-01259-COA (Civil – PCR)
Affirming the denial of a motion for PCR without evidentiary hearing, holding that the plaintiff’s guilty pleas were knowingly, intelligently, and voluntarily given, and that the trial court did not err in ruling without an evidentiary hearing.
(9-0: Judge Smith did not participate)

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Anderson v. State, 2021-KA-01340-COA (Criminal – Felony)
Affirming conviction of burglary, holding that the trial court did not commit reversible error by admitting evidence of crimes in other counties under Rule 404(b) and that there was no merit to the ineffective assistance of counsel claims based on lack of objections to hearsay.
(9-1-0: Judge McCarty concurred in part and in the result without separate written opinion)

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Hathorne v. State, 2021-CA-00306-COA (Civil – PCR)
Affirming denial of a motion for PCR, holding that the indictment was defective for failing to charge a crime but that the claim was procedurally barred.
(2-4-4: Judge Wilson and Judge Emfinger concurred in part and in the result without separate written opinion; Judge Lawrence and Judge Smith concurred in the result only; Judge McCarty dissented, joined by Judge Carlton, Judge Westbrooks, and Judge McDonald)

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Brooks v. Jeffreys, 2021-CA-01113-COA (Civil – Personal Injury)
Reversing summary judgment in favor of a defendant in a slip and fall case, holding that there were genuine issues of material fact as to whether the cleaning company breached the duty of care where the plaintiff slipped and fell on the floor of her residence that was actively being mopped when she slipped.
(9-1: Judge Greenlee concurred in part and dissented in part without separate written opinion)

NOTE – Because the plaintiff slipped and fell in her own residence that was being cleaned by the defendant, the Court of Appeals analyzed this is a general negligence action and not a premises liability case.

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Liberty National Life Insurance Company v. Hancock, 2021-CA-00605-COA (Civil – Contract)
Affirming denial of a motion to compel arbitration, holding that where a life insurance policy was voluntarily entered into, cancelled, and then reinstated via forgery of the insured’s signature, the arbitration agreement in the policy was not enforceable.
(6-4: Judge Emfinger dissented, joined by Chief Judge Barnes, Judge Wilson, and Judge Greenlee)

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Other Orders

$153,340.00 v. State, 2020-CA-01409-COA (denying rehearing)

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Hand Down List