The Mississippi Court of Appeals handed down ten opinions on Tuesday with something for everyone. We have divorce, tax appeals, alleged deed forgeries, criminal convictions, wrongful death, a town without standing, an inmate requesting a CD of his trial transcript after receiving a paper copy, and (of course) a PCR case. The wrongful death opinion has an extended discussion of the proximate cause element and offers some clarification into what that element entails.
Johnson v. Johnson, 2021-CA-01354-COA (Civil – Domestic Relations)
Affirming in part and reversing in part a grant of divorce, holding that the chancellor did not err in granting divorce on the grounds of cruel and inhuman treatment but reversing and remanding based on the lack of findings as to classification, valuation, and distribution of the parties’ property.
(10-0)
Wilson v MDOC, 2021-SA-01393-COA (Civil – Other)
Affirming the trial court’s order that granted an inmate’s request for a paper copy of this trial transcript mailed to him but denied his request to have a CD of the record mailed to the inmate’s mother.
(10-0)
Hopes v. State, 2022-KA-00031-COA (Criminal – Felony)
Affirming conviction of armed robbery, holding that the defendant’s ineffective-assistance claim was more appropriate as a PCR motion, that convictions for armed robbery and possession of a stolen firearm did not violate the Double Jeopardy Clause, that the trial court properly refused a lesser-included offense, and that the evidence was sufficient to support the armed robbery conviction.
(10-0)
McDowell v. State, 2021-CA-01381-COA (Civil – PCR)
Affirming post-Miller re-sentencing to life without eligibility for parole, holding that the defendant was not entitled to re-sentencing by a jury and that the trial court did not abuse its discretion in examining and considering the Miller factors.
(10-0)
McCoy v. MDOR, 2022-SA-00033-COA (Civil – State Boards and Agencies)
Affirming the chancery court’s granting the DOR and Tax Appeals Board’s motions to dismiss challenging an assessment increasing taxable income a prior tax year, holding that the assessment was properly issued within the three-year statute of limitations and that the Tax Appeals Board was improperly named as a party.
(10-0)
Hill v. Pine View Apartments, 2022-CP-00302-COA (Civil – Real Property)
Affirming a judgment of eviction, holding that the tenant waived her right to argue that the landlord waived its right to evict her because it accepted rent post-breach because she did not present any proof at the circuit court.
(10-0)
Catlett v. Catlett, 2021-CA-01071-COA (Civil – Real Property)
Affirming the chancellor’s rulings following a trial on whether the foreclosure on real property was void due to alleged forgery of the wife’s signature on the deed, holding that although the evidence showed the signature was more likely than not a forgery the chancellor’s ruling was not unreasonable in light of the notarial presumption.
(9-1-0: Wilson concurred in part and in the result without separate written opinion.)
Smith v. Minier, 2021-CA-01284-COA (Civil – Wrongful Death)
Reversing dismissal on summary judgment of a wrongful death claim where the decedent died of chronic liver failure five months after a car wreck, holding that there was a fact question as to whether the other driver’s actions were the proximate cause of the decedent’s use of pain medication, misuse of pain medication, and resulting death.
(7-3-0: Carlton, Wilson, and Emfinger concurred in part and in the result without separate written opinion.)
PRACTICE POINT – This is a must-read if you handle negligence claims. The Court of Appeals confessed occasional, prior inconsistencies in the Court’s use of the term “proximate cause” and took the opportunity to clarify:
Regarding the instant case, the Court held:
Board of Aldermen v. State, 2021-CA-00880-COA (Civil – State Boards and Agencies)
Affirming dismissal of a claim by the town seeking a declaratory judgment that aldermen acted in good faith when approving payments to certified part-time law enforcement officers after the State Auditor made a demand to the aldermen, holding that the town lacked standing because the the OSA had made the demand for the benefits of the town and had returned the recovered money to the town.
(9-1-0: McDonald concurred in result only without separate written opinion.)
NOTE – This case involved a game of “Who is actually the plaintiff?” The Complaint listed the plaintiff as “Board of Aldermen of the Town of Tutwiler, Mississippi” but the Court held that the town itself was actually the plaintiff:
Barden v. State, 2021-KA-01327-COA (Civil – Felony)
Affirming murder conviction and denial of JNOV or new trial, holding after receiving a Lindsey brief and independently reviewing the record that the evidence was sufficient to support the conviction, no arguable issues that would require supplemental briefing, and no issues that warranted reversal.
(10-0)
Other Orders
Price v. State, 2019-KA-01890-COA (denying rehearing)
King v. State, 2021-CA-01145-COA (denying rehearing)
Mississippi Appeals Blog 