The Mississippi Court of Appeals handed down five opinions this week. There is a domestic/separate maintenance decision, a third-party assault tort case, a direct appeal of a felony conviction, and two PCR cases.
Hasley v. Hasley, 2022-CA-00908-COA (Civil – Domestic Relations)
Affirming in part and reversing in part the chancellor’s decision in a separate maintenance action, holding that there was no abuse of discretion in denying the husband’s motion to dismiss the complaint but that the chancellor erred by converting the temporary orders of spousal support to a final order.
(10-0)
White v. State, 2023-CP-00200-COA (Civil – PCR)
Reversing the circuit court’s revocation of release, holding that because the circuit judge had been the assistant DA who had prosecuted the petitioner the judge was disqualified from presiding over the revocation hearing and that this error was not harmless.
(9-0: Smith did not participate)
Mack v. Merimac Apartments, 2022-CA-00897-COA (Civil – Torts)
Affirming summary judgment in a third-party assault case against an apartment complex, holding that evidence of some crime occurring on and near the subject property was sufficient summary judgment evidence on the element of proximate cause.
(6-3-1: Barnes and Wilson concurred in part and in the judgment without writing; Westbrooks concurred in the result only without writing; McDonald concurred in part and dissented in part without writing)
Galarza v. State, 022-KA-01066-COA (Criminal – Felony)
Affirming conviction of first-degree murder and possession of a firearm by a felon, holding that the circuit court did not abuse its discretion in admitting character evidence of the defendant’s prior convictions for manslaughter.
(7-3-0: Wilson and Emfinger concurred in part and in the result without writing; McCarty concurred in the result only without separate written opinion.)
Smith v. State, 023-CP-00538-COA (Civil – PCR)
Affirming the circuit court’s denial of a PCR motion, holding that the petitioner’s claims were procedurally barred and that there was no merit to the petitioner’s arguments that he was entitled to a bifurcated hearing at sentencing and that there was insufficient proof of his prior convictions to warrant his sentencing as a habitual offender.
(10-0)
Other Orders
- Kuebler v. State, 2020-KA-00027-COA (remanding sua sponte for correction of the record)
- Okorie v. National Association Wells Fargo Bank, 2022-CP-00043-COA (denying appellant’s pro se “motion to reopen case based on fraudulent settlement agreement”)
- Moore v. State, 2022-KA-00327-COA (denying rehearing)
- Edwards v. State, 2022-KA-00719-COA (denying rehearing)
- Smith v. State, 2022-KA-00852-COA (denying rehearing)
- Saddler v. State, 2024-TS-00099-COA (sua sponte allowing appeal to proceed)
Mississippi Appeals Blog 