The Mississippi Court of Appeals six opinions today. The court served up two direct criminal appeals, an easement by necessity case, a workers’ comp jurisdiction case, a MDES case, and a PCR case.
Ramsey v. State, 2022-CP-00103-COA (Civil – PCR)
Affirming dismissal of PCR motion, holding that the circuit court did not err in dismissing it as successive.
(9-0: Smith did not participate)
Hobby v. Ott, 2021-CA-01305-COA (Civil – Real Property)
Reversing the chancellor’s order granting an easement by necessity, holding that the chancellor court erred in making this ruling without any supporting proof in the record regarding the costs of alternative routes of access, and rendering judgment denying the request.
(10-0)
Chatman v. State, 2022-KA-00386-COA (Criminal – Felony)
Affirming conviction of sexual battery of a minor, holding that there was sufficient evidence to support the conviction.
(10-0)
Pritchett v. MDES, 2022-CC-00808-COA (Civil – State Boards & Agencies)
Affirming a finding that an employee was not entitled to benefits, holding that there was substantial evidence to support the determination by MDES that the employee had voluntarily abandoned her job without finishing her assigned duties.
(6-4-0: No separate opinions – Wilson and Emfinger concurred in part and in the result; Westbrooks and McDonald concurred in result only)
Boyington v. State, 2022-KA-00601-COA (Criminal – Felony)
Affirming convictions of fleeing law enforcement and being a felon in possession of a firearm, holding that the trial court committed error in admitting a photograph of a swastika tattoo on the defendant’s body but that it was harmless error.
(7-3-0: No separate opinions – Wilson, Greenlee, and Smith concurred in part and in the result)
NOTE – Here is the Court’s summary of its analysis:
Wheeler v. Mississippi Limestone Corp., 2022-WC-00534-COA (Civil – Workers’ Comp)
Affirming the dismissal of a workers’ comp claim, holding that there was substantial evidence to support the Commission’s finding that it lacked subject matter jurisdiction because the claimant was neither hired nor regularly employed in Mississippi and that the employer did not assume liability for the injury by maintaining insurance under the MWCA.
(9-1-0: No separate opinions – McDonald concurred in the result only)
Other Orders
Clayton v. State, 2021-KA-00505-COA (denying rehearing)
Kirk v. Newton, 2021-CA-00684-COA (denying rehearing)
Smith v. State, 2021-KA-01003-COA (denying rehearing)
Dawson v. Burgs, 2021-CA-01038-COA (denying rehearing)
Mississippi Appeals Blog 