The Mississippi Court of Appeals handed down six opinions today. All are criminal law or criminal law adjacent, however there is one case discussing the form of the jury’s verdict that is more broadly applicable.
McDonald v. State, 2022-KA-01073-COA (Criminal – Felony)
Affirming conviction of possession of a firearm by a felon, holding that the verdict was not against the overwhelming weight of the evidence.
(8-2-0: Westbrooks and McDonald concurred in result only without separate written opinion)
Wilson v. State, 2023-CA-00070-COA (Civil – PCR)
Affirming denial of motion for PCR, holding that the motion was untimely and that the petitioner failed to establish an exception to the time bar.
(9-1-0: McDonald concurred in result only without writing)
Lathan v. State, 2022-KA-00927-COA (Criminal – Felony)
Affirming a juvenile’s conviction of second-degree murder and 40-year sentence, holding that the court did not err by accepting a verdict form that did not conform to the instructions but that nonetheless conveyed the jury’s intent in a reasonably clear manner and did not err in sentencing the juvenile because neither Jones nor Miller applied.
(10-0)
NOTE – Here is the Court’s explanation of the verdict form:
The Court also noted that the defendant did not object and that the jury was polled and that all agreed with the verdict.
PRACTICE POINT – This decision is worth reading for its succinct discussion on the form of the verdict issue. It packs a lot into two pages and may come in handy for your next big verdict form dispute.
Haley v. Brewer, 2023-SA-00571-COA (Civil – State Boards and Agencies)
Affirming the trial court’s denial of an inmate’s suit protesting a facility transfer, holding that the inmate had no protected liberty interest in his housing assignment within MDOC.
(10-0)
Spralls v. State, 2023-KA-00347-COA (Criminal – Felony)
Affirming conviction of burglary of an automobile, holding that a review of counsel’s Lindsey brief and an independent review of the record that there was no reversible error.
(10-0)
Turnage v. State, 2023-KA-00432-COA (Criminal – Felony)
Affirming conviction of possession of a controlled substance, holding that the trial court did not err in denying the defendant’s motion to suppress because there was substantial evidence that the police had probable cause to search his vehicle under the plain view exception or in finding the automobile exception allowed for a complete search of his truck.
(8-2-0: McDonald concurred in part and in the result without writing; Westbrooks concurred in result only without writing)
Other Orders
- Hunter v. State, 2022-CP-01269-COA (dismissing untimely pro se motion for rehearing)
- Gleason v. State, 2023-CP-00357-COA (denying rehearing)
- Anderson v. Grabmiller, 2023-CA-00593-COA (dismissing appellee’s motion to strike appellant’s reply brief as moot after appellee’s notice of withdrawal and denying appellant’s motion for attorney’s fees and expenses)
- Wilson v. State, 2023-CP-01050-COA (denying State’s motion to dsimiss and denying pro se appellant’s motion to preclude the State from filing a responsive brief)
Mississippi Appeals Blog 