The Mississippi Court of Appeals handed down eight opinions on Tuesday. The Court covered a lot of subject matter including trusts, unemployment benefits, workers’ comp, and several direct appeals of criminal convictions.
Rutland v. Regions Bank, 2022-CA-00720-COA (Civil – Wills, Trusts & Estates)
Affirming the circuit court’s grant of summary judgment in favor of a trustee who filed a dec action seeking a judgment that the trust did not have to pay funeral expenses, holding that the circuit court did not err in finding that the trust was irrevocable, was not terminated by a subsequent divorce, and that the contents of the trust should be disbursed to the children.
(10-0)
Black v. State, 2022-KA-01101-COA (Criminal – Felony)
Affirming conviction of capital murder based on robbery, holding that the circuit court did not err in rejecting the defendant’s manslaughter instruction, in sustaining the State’s objection to defense counsel calling a detective a “liar” during closing, or in not issuing a cautionary instruction regarding the written transcript of the defendant’s interview with law enforcement.
(8-1-1: McDonald concurred in part and in the result without writing; Westbrooks concurred in part and dissented in part without writing)
Coe Law Firm PLLC v. MDES, 2022-CC-01285-COA (Civil – State Boards & Agencies)
Affirming the circuit court’s order dismissing the employer’s appeal of the MDES Board of Review’s order upholding the ALJ’s grant of unemployment benefits, holding that the employer failed to show good cause for not appearing at the ALJ de novo hearing and that issues of misconduct by the employee were therefore moot.
(10-0)
Jones v. State, 2022-KA-01199-COA (Criminal – Felony)
Affirming conviction of attempted aggravated assault with a firearm enhancement, holding that the verdict was not against the overwhelming weight of the evidence.
(9-1-0: McCarty concurred in part and in the result without writing)
Simmons v. State, 2022-KA-01260-COA (Criminal – Felony)
Affirming conviction of receiving stolen property and first-degree murder, holding that the circuit did not err in denying the defendant’s motion for JNOV where the evidence was sufficient for both conviction and that the verdict was not against the overwhelming weight of the evidence.
(10-0)
MTD Products, Inc. v. Moore, 2023-WC-00199-COA (Civil – Workers’ Comp)
Affirming the MWCC’s award of PPD for 50 weeks for an upper-left extremity injury, holding that substantial evidence support the MWCC’s finding that the claimant sustained a 25% industrial loss of use that exceeded her 15% functional medical impairment where the claimant’s job duties had to be modified and she was reassigned to different tasks after her injury.
(10-0)
Vlasak v. State, 2022-CP-01211-COA (Criminal – Felony)
Dismissing appeal of the circuit court’s denial of a motion for reconsideration after denying the defendant’s motion to modify sentence that was filed after a guilty plea that was filed after the term of court ended, holding that that the circuit court correctly found that this was essentially a direct appeal after a guilty plea.
(10-0)
Gilmer v. State, 2022-KM-00257-COA (Criminal – Misdemeanor)
Affirming the circuit court’s decision affirming the county court’s order dismissing an appeal of a conviction in justice court of willfully discharging a firearm towards a dwelling and disturbing the peace, holding that there was no error in dismissing the appeal after the defendant failed to appear at his trial de novo.
(8-1-0: Wilson concurred in part and in the result without writing; Emfinger did not participate)
Other Orders
Smith v. State, 2020-KA-00774-COA (denying rehearing)
White v. State, 2021-KA-00818-COA (denying rehearing)
Hobby v. Ott, 2021-CA-01305-COA (denying rehearing)
Ndicu v. Gacheri, 2022-CA-00415-COA (denying rehearing)
Wheeler v. Miss. Limestone Corp., 2022-WC-00534-COA (denying rehearing)
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