The Mississippi Supreme Court handed down four opinions today. Three are direct appeals of criminal convictions and one is an election contest. One of the criminal appeals is an appeal of a capital murder conviction. The election contest decision settles who will appear on the Mississippi Democratic Primary’s ballot in the upcoming gubernatorial race.
Clanton v. State, 2021-KA-01159-SCT (Criminal – Felony)
Affirming conviction of possession of meth found subsequent to a traffic stop, holding that the trial court erred in admitting photos of money seized from the defendant but the error was harmless; that the trial court did not err in allowing testimony and photos about marijuana found in the defendant’s vehicle, in allowing the officer to testimony that he thought the pills were ecstasy, or in overruling the defendant’s objection to alleged misstatement of the evidence during closing; and that the verdict was supported by evidence and not against the overwhelming weight of it.
(9-0)
Harvey v. State, 2022-KA-00660-SCT (Criminal – Felony)
Affirming conviction of aggravated domestic violence, holding that the trial court did not err by prohibiting the defendant from eliciting impeachment testimony from a witness about specific instances of conduct by the victim and that the wording of a limiting jury instruction regarding prior bad acts was not error.
(9-0)
Chisholm v. State, 2021-KA-01254-SCT (Criminal – Felony)
Affirming conviction of capital murder, holding that the trial court was within its discretion to admit the firearm and the restraining order over objection, to admit evidence of prior bad acts, and to deny a motion for mistrial after striking the defense’s psychology expert, that the trial court did not err in denying a heat-of-passion instruction, that the defendant failed to prove a Brady violation with respect to his cell phone records and the contents of his journal and laptop; that the indictment was not defective or constructively amended as the defendant argued based on alleged lack of specificity as to burglary; and that the verdict was supported by sufficient evidence and not against the overwhelming weight of it.
(9-0)
The Mississippi State Democratic Party v. Hickingbottom, 2023-EC-00611-SCT (Civil – Election Contest)
Reversing the circuit court’s order to place a gubernatorial primary candidate on the ballot, holding that the would-be candidate failed to timely file his petition for review of his disqualification by the Party.
(8-0: Griffis did not participate.)
NOTE – The Supreme Court shut this one down procedurally in light of the upcoming election:
Other Orders
In Re: Rules of Discipline for the Mississippi Bar, 89-R-99010-SCT (appointing Hon. Eleanor J. (Faye) Peterson, Circuit Judge, as a member of the Complaint Tribunal)
Rules for Court Reporters, 89-R-99021-SCT (amending Rule I.(U) of the Rules and Regulations Governing Certified Court Reporters)
Davis v. State, 2021-CT-00759 (denying cert)
Durant Healthcare, LLC v. Garrette, 2021-CT-00823-SCT (denying cert)
Mississippi Appeals Blog 