The Mississippi Supreme Court handed down two opinions today. One is an interesting case involving a term of incarceration for civil contempt approaching five years. The other was taken up on cert to address the defendant being sentenced as a habitual offender.
McPhail v. McPhail, 2020-CA-00739-SCT (Civil – Domestic Relations)
Affirming the chancery court’s order denying the father’s motion to be released from incarceration for contempt stemming from nonpayment of child support, holding that the chancellor did not err in denying release because the father refused to complete a court-ordered psychological evaluation which was the only remaining condition of release to be satisfied.
(5-4: Griffis dissented, joined by Kitchens, King, and Ishee)
Note – The dissent took issue with a nearly five-year incarceration for civil contempt that showed no sign of letting up:
Manuel v. State, 2020-CT-00711-SCT (Criminal – Felony)
Affirming convictions of second-degree murder and aggravated assault but vacating sentence as a habitual offender and remanding for resentencing, holding that the trial court lacked sufficient evidence to sentence Manuel as a habitual offender and that the Court of Appeals erred when it allowed the State to supplement the record with copies of indictments for prior offenses.
(9-0)
Other Orders
Murry v. State, 2020-CT-01363-SCT (denying cert)
Simpson County School District v. Wigley, 2021-CT-00009-SCT (denying cert)
Simpson v. State, 2021-CT-00075-SCT (denying cert)
James v. Thompson, 2021-CA-00458-SCT (denying rehearing)
Mississippi Appeals Blog 