I too have noticed that I have been falling behind in summarizing weekly decisions. The Mississippi Supreme Court was pretty quite these last two weeks, so I have combined them into one post. Read to the end for a significant PCR decision.
November 2, 2023
Lamy v. Lamy, 2021-CT-00770-SCT (dismissing cert on the Court’s own motion)
Estate of Bell v. Estate of Bell, 2021-CT-00789-SCT (denying cert)
Everett v. State, 2021-CT-01385-SCT (denying cert)
November 9, 2023
Hathorne v. State, 2021-CT-00306-SCT (Civil – PCR)
Reversing the circuit court’s denial of PCR motion and the decision of the court of appeals affirming the denial, holding that the indictment was defective, that the challenge to the substantive sufficiency of the indictment could not be waived and thus was not procedurally barred, and therefore reversing the conviction and sentence and rendered judgment dismissing the indictment.
(8-0: Randolph did not participate)
NOTE – This case is a big deal. Here is now the Court of Appeals wrapped up its opinion:
Other Orders
Godbolt v. State, 2020-DP-00440-SCT (denying motion to make oral arguments)
McCollum v. State, 2021-KA-01276-SCT (denying rehearing)
McDowell v. State, 2021-CT-01381-SCT (granting cert)
Powers v. State, 2023-DR-00895-SCT (denying the State’s Motion to Strike Stephen Elliot Powers’s First Supplement to Successor Petition for Post-Conviction Relief and the State’s Motion to Strike Powers’s Motion for Access to Jurors and Disclosure of Documents)
Hand Down Page for November 2, 2023
Hand Down Page for November 9, 2023
Mississippi Appeals Blog 