The Mississippi Court of Appeals handed down five opinions today. Three of the cases involved state boards and agencies: one unemployment case, one termination case, and one case where a petitioner sought to amend or append his birth certificate. There are also two direct criminal appeals.
Darden v. MDES, 2024-CC-00159-COA (Civil – State Boards & Agencies)
Affirming denial of unemployment benefits as untimely, holding that substantial record evidence supported the circuit court’s order affirming the agency’s decision.
(10-0)
Jack v. City of Meridian, 2023-CC-01339-COA (Civil – State Boards & Agencies)
Affirming employment termination, holding that the decision was not arbitrary and capricious and not in good faith, that the city provided substantial evidence that the plaintiff violated policies, and that the evidence did not show that the plaintiff was arbitrarily treated differently from two white male officers.
(9-1-0: Lawrence concurred in result only without writing)
Malone-Bey v. Mississippi State Board of Health, 2024-SA-00288-COA (Civil – State Boards & Agencies)
Affirming the chancery court’s decision denying a petition to amend birth certificate to designate the petitioner’s race as “white: Asiatic/Moor,” holding that the chancery court correctly ruled that it lacked the authority to amend a birth certificate to include additional categories of information and that neither the Board or the chancery court violated the petitioner’s constitutional or civil rights.
(10-0)
Terry v. State, 2023-KA-00979-COA (Criminal – Felony)
Affirming conviction of kidnapping, holding that the evidence was sufficient to sustain the kidnapping conviction, that the verdict was not against the weight of the evidence, that the trial court did not abuse its discretion by allowing the victim’s testimony about the crimes of co-defendants, and that the defendant’s proposed simple assault instruction was properly rejected.
(10-0)
McNaughton v. State, 2023-KA-01099-COA (Criminal – Felony)
Affirming conviction of second-degree murder after the defendant drove over his ex-girlfriend in a parking lost causing fatal injuries, holding that the trial court did not abuse its discretion admitting evidence of prior incidents of domestic abuse, that there was sufficient evidence to support the conviction, and that the conviction was not against the overwhelming weight of the evidence.
(9-1-0: Wesbtrooks concurred in result only without writing)
Other Orders
- In the Interest of A.R.H., a Minor: Malone v. Jackson County Dept. of Child Protective Services, 2023-CA-00420-COA (denying rehearing)
- Arnold v. State, 2023-KA-00519-COA (denying rehearing)
- Cauthen v. State, 2023-KA-00589-COA (denying rehearing)
Mississippi Appeals Blog 