The Court of Appeals handed down six opinions today. Three criminal cases and three PCR cases. I don’t anticipate any of the PCR cases today drawing the sort of attention the Hathorn case drew last week.
Wells v. State, 2021-KA-00747-COA (Civil – Felony)
Affirming conviction for sale of meth, holding that testimony from a confidential informant about the defendant’s past drug selling activity was elicited by defense counsel on cross and not purposeful elicited by the DA and that it was not error to refuse the defendant’s preferred instruction on weighing confidential informant testimony.
(10-0)
Note – Pithy introductory paragraphs like this could put me out of business:
Thomas v. State, 2021-CP-00060-COA (Civil – PCR)
Affirming denial of PCR motion, holding that the sentence was not illegal, that there was a sufficient factual basis for the kidnapping plea, that the retroactive competency hearing was adequate and proper, and that there was no error in finding the plaintiff competent.
(7-3-0: Judge Wilson, Judge Smith, and Judge Emfinger concurred in part and in the judgment without separate written opinion)
Green v. State, 2021-CP-01299-COA (Civil – PCR)
Affirming dismissal of PCR motion, holding that the claims were barred by the doctrine of res judicata and the three-year statement of limitations, and the motion was an impermissible successive motion.
(9-0: Judge Lawrence did not participate)
Bradley v. State, 2022-CP-00173-COA (Civil – PCR)
Affirming denial of PCR motion, holding that the motion was both successive and time-barred.
(9-1-0: Judge Wilson concurred in part and in the result without separate written opinion)
Melendez v. State, 2021-KA-00775-COA (Criminal – Felony)
Affirming conviction of second-degree murder and aggravated assault, holding that the evidence was sufficient to support the verdict, dismissing the ineffective assistance claim without prejudice, and holding that the trial court did not abuse its discretion in giving a flight instruction.
(10-0)
Alford v. State, 2022-KA-00025-COA (Criminal – Felony)
Affirming conviction of trafficking meth with intent to distribute and possession of marijuana with intent to distribute, holding that the evidence was sufficient to support the verdict and that the verdict was not against the overwhelming weight of the evidence.
(5-5-0: Judge Wilson, Judge McDonald, Judge Lawrence, and Judge McCarty concurred in part and in the result; Judge Westbrooks concurred in the result only without separate written opinion.)
Other Orders
Nguyen v. Bui, 2021-CP-00548-COA (granting appellee’s motion for appellate attorney’s fees) (don’t get excited, they were contractual fees)
Wallace v. State, 2021-CP-01149-COA (recalling mandate and accepting pro se motion for rehearing as timely)
Hendrix v. State, 2022-TS-01217-COA (dismissing appeal for want of appealable judgment)
Mississippi Appeals Blog 