The Mississippi Supreme Court handed down four opinions last week. Three were appeals of criminal convictions and the fourth opinion was an interesting tort case discussing a party’s duties to an opposing party during voir dire.
Jackson v. State, 2023-KA-00273-SCT (Criminal – Felony)
Affirming conviction of sexual battery and sentence to life imprisonment, holding that there was no error after reviewing counsel’s Lindsey brief and the record.
(9-0)
City of Picayune v. Landry Lewis Germany Architects, P.A., 2022-CA-00909-SCT (Civil – Torts – MTCA)
Reversing a judgment against the City based on a claim that the City failed to volunteer information about a juror during voir dire in a civil trial to which the City was a party, holding: “A party litigant has no duty to party opposite to personally intervene during a trial to prevent a fraud on the court by a potential juror.”
(9-0)
Exson v. State, 2022-KA-01089-SCT (Criminal – Felony)
Affirming conviction of burglary of a dwelling, grand larceny, and first degree arson, holding that the issue of whether the State proved its evidence of the value element of the larceny statute was procedurally barred for failure to raise it in a post-trial motion and that the issue of whether the jury instructions were proper was procedurally barred and that there was no plain error.
(9-0)
Marbley v. State, 2022-KA-01280-SCT (Criminal – Felony)
Affirming conviction of aggravated domestic violence, holding that there were no issues warranting appellate review after reviewing counsel’s Lindsey brief and the record.
(9-0)
Other Orders
In Re: Commission on Continuing Legal Education, 89-R-99011-SCT (denying petition of the Commission to amend Rule 3 of the Rules and Regulations for Mandatory Continuing Legal Education)
Ndicu v. Gacheri, 2022-CT-00416-SCT (denying cert)
Wheeler v. Mississippi Limestone Corp., 2022-CT-00534-SCT (denying cert)
Mississippi Appeals Blog 