The Mississippi Court of Appeals handed down five opinions today. Four are direct criminal appeals and the fifth is a PCR matter.
Luter v. State, 2023-KA-01305-COA (Criminal – Felony)
Affirming conviction of manslaughter, holding that there was sufficient evidence to support the verdict and that the verdict was not against the overwhelming weight of the evidence.
(9-1-0: Westbrooks concurred in result only without writing)
Roberts v. State, 2023-CP-01387-COA (Civil – PCR)
Affirming denial of PCR motion because the arguments asserted on appeal were never presented to the trial court for review.
(10-0)
Turner v. State, 2023-KA-01167-COA (Criminal – Felony)
Affirming conviction of trafficking a controlled substance and being a felon in possession of a firearm, holding that the State carried its burden of proving habitual offender status beyond a reasonable doubt and that the trial court did not err in denying a motion to suppress because the search was supported by probable cause.
(9-0: Weddle did not participate)
Mitchell v. State, 2023-KA-00764-COA (Criminal – Felony)
Affirming conviction of aggravated assault and attempted aggravated assault, holding that there was sufficient evidence to support the conviction of aggravated assault, that the conviction of attempted aggravated assault was not against the overwhelming weight of the evidence, and that the trial court did not err in exclude evidence of the defendant’s alibi defense.
(10-0)
Jones v. State, 2023-KA-01164-COA (Criminal – Felony)
Affirming conviction of first-degree murder, holding that the jury’s verdict was not against the overwhelming weight of the evidence.
(10-0)
Other Orders
- Clemons v. State, 2022-CT-00700-COA (recalling mandate and granting pro se motion to stay mandate)
- Short v. The Break Land Company, LLC, 2022-CA-01180-COA (denying rehearing)
- Ramsey v. State, 2023-CP-00440-COA (granting pro se motion for extension of time to file motion for rehearing and recalling mandate)
- Miller v. State, 2023-CP-00813-COA (denying rehearing)
- Haley v. State, 2024-TS-01165-COA (denying pro se motion for reinstatement of appeal and application for leave to proceed in forma pauperis)
- Robinson v. State, 2024-TS-01286-COA (denying motion to proceed out of time)
- Barnett v. State, 2024-TS-01298-COA (granting motion to proceed out of time)
Mississippi Appeals Blog 