The Mississippi Supreme Court handed down two opinions in direct criminal appeals today. The Court also issued five cert denials and granted a petition for interlocutory appeal in a premises case.
Broome v. State, 2023-KA-01163-SCT (Criminal – Felony)
Affirming conviction of aggravated assault, holding that an officer’s testimony about steps in the investigation was not hearsay, that it was improper hearsay for the officer to repeat a witness’s identification of the defendant but that it was harmless since that witness gave identification testimony at trial, and that an investigator’s lay testimony regarding the ultimate issue of fact was harmless if in error.
(7-2: Griffis concurred in part and dissented in part, joined by Sullivan)
Mackabee v. State, 2023-KA-00644-SCT (Criminal – Felony)
Affirming conviction of fourth-offense DUI, holding that there are no issues warranting appeal after reviewing counsel’s Lindsey brief and the record.
(9-0)
Other Orders
- Smith v. State, 2019-DR-01492-SCT (denying motion for leave to file successive PCR motion)
- Simmons v. State, 2023-CT-00130-SCT (denying cert)
- Hyland v. State, 2023-CT-00256-SCT (denying cert)
- Weeks. Weeks, 2023-CT-00427-SCT (denying cert)
- Neal v. Cain, 2023-CT-00625-SCT (denying cert)
- Davis v. State, 2023-CT-00663-SCT (denying cert)
- Premier Entertainment Biloxi, LLC v. Ryan, 2024-IA-01175-SCT (granting interloc petition)
Mississippi Appeals Blog 
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