The Mississippi Supreme Court handed down two opinions today. One is a panic-inducing civil procedure case and the other is a direct criminal appeal.
Thomas v. Bolivar County, Mississippi, 2022-CA-00445-SCT (Civil – Other)
Reversing the trial court’s grant of judgment on the pleadings in an MTCA case where the complaint was delivered to the circuit clerk on the last day of the limitations period but it was not entered into MEC until the following day (after the deadline), holding (1) when the MTCA statute of limitations falls on a Sunday, Miss. Code Ann. § 1-3-67 authorizes an extension to the following Monday; (2) delivery of the complaint, civil cover sheet, and filing fee constituted “filing” the complaint; and (3) the delay in having a summons issued did not delay the commencement date of the action.
(9-0)
PRACTICE POINT – The underlying facts of this case are nightmare fuel for civil litigators. As if the background facts weren’t enough, this part the opinion also caught my attention:
McCollum v. State, 2021-KA-01276-SCT (Criminal – Felony)
Affirming conviction of grand larceny, holding that the investigator had presented sufficient probable cause to the magistrate to justify a search warrant, that there was no hearsay admitted that would warrant reversal, and there was no error in denying a mistrial based on the presence of witness during the testimony of a State’s witness because the trial court excused the witness who violated the sequestration rule.
(7-2: King dissented, joined by Kitchens)
Other Orders
Crump v. State, 2018-M-00410 (denying application to proceed in the trial court and restricting the petitioner from filing further applications for PCR in forma pauperis)
Garcia v. State, 2021-CA-01214-SCT (denying rehearing)
Mississippi Appeals Blog 