On Thursday, July 6, the Mississippi Supreme Court handed down three opinions. Two are direct criminal appeals and one is an civil appeal addressing the statutes of limitations for MTCA claims and state constitutional claims.
Stewart v. State, 2022-KA-00479-SCT (Criminal – Felony)
Affirming conviction of possession of meth, holding that the defendant waived his Fourth Amendment and Miranda rights arguments by not raising them at trial court, and then waived plain error arguments on appeal by not raising them until the reply brief after the State asserted waiver, and further that the “sparse record” did not show plain error.
(9-0)
Moton v. Clarksdale, 2022-CA-00216-SCT (Civil – Torts)
Denying rehearing but withdrawing the original opinions and substituting another holding that the trial court correctly found that a city commissioner’s tort law claims stemming from his arrest were barred by the MTCA’s statute of limitations and that the claims arising under the Mississippi Constitution were barred by the general statute of limitations.
(9-0)
Mitchell v. State, 2021-KA-00589-SCT (Criminal – Felony)
Affirming conviction of second-degree murder, holding that there was insufficient evidence in the record to find that a due process violation occurred when the trial court denied the defendant’s request for the production of an autopsy report and then denied a request to conduct an autopsy.
(9-0)
Other Orders
Barber v. State, 2022-KA-00291-SCT (per curiam affimance)
Lofton v. Lofton, 2021-CT-00035-SCT (denying cert)
Clark v. Vicksburg Healthcare, LLC, 2021-CT-00173-SCT (denying motion to strike cert petition, granting motion to suspend the rules, accepting the filing of a cert petition, and denying cert)
Griffin v. State, 2023-M-00262 (denying mandamus)
Carr v. State, 2023-DR-00503-SCT (remanding PCR issues to circuit court)
Mississippi Appeals Blog 