The Mississippi Supreme Court handed down two opinions today: one civil and one direct criminal appeal. The civil case addressed whether summary judgment based on 30(b)(6) testimony in a negligence case was proper. The direct criminal appeal challenged a capital murder conviction on several grounds.
Mississippi State Agencies Self-Insured Workers’ Compensation Trust v. Herrgott, 2021-SA-01280-SCT (Civil – Real Property)
Reversing summary judgment in a subrogation action filed by a workers’ compensation trust against an alleged tortfeasor stemming from an ATV accident in which a state employee sustained an injury that compensable under the MWCA, holding that the trust was not bound by the failure of its 30(b)(6) representative to articulate a legal theory at his deposition.
(9-0)
PRACTICE POINT – The Supreme Court favorably quoted a prior MS Court of Appeals decision and two decisions from federal district courts in its reasoning. The quoted language could benefit both sides of the civil bar in a few different contexts that come immediately to mind:
Dukes v. State, 2022-KA-00670-SCT (Criminal – Felony)
Affirming conviction of capital murder, holding that the trial court did not err by allowing testimony of a rebuttal witness that had not bee disclosed, or in denying a motion for mistrial based on argument that the State violated a motion in limine precluding testimony related to severed counts in the indictment, and the that trial was not rendered unfair by hearsay testimony.
(9-0)
Other Orders
In Re: Rules of Discipline for the Mississippi Bar, 89-R-99010-SCT (appointing/reappointing the following six persons to three-year terms as members of the complaint tribunals effective September 1, 2023: George Philip Schrader IV, Hon. Carol White-Richard, Hon. Jennifer F. Nicaud, Hon. Claiborne (Buddy) McDonald IV, J. Rhea Tannehill, Jr., and Leo J. Carmody)
Neal v. State, 2011-M-00201 (granting letter motion and remanding for resentencing)
Thomas v. State, 2021-CT-00060-SCT (denying cert)
Mitchell v. State, 2021-KA-00589 (denying rehearing)
Lamy v. Lamy, 2021-CT-00770-SCT (granting cert)
Pace v. State, 2022-CT-00046-SCT (denying cert)
Mississippi Appeals Blog 