The Mississippi Court of Appeals handed down four opinions today. There are two direct criminal appeals, a PCR case, and part two of an ecclesiastical abstention saga.
Stephney v. State, 2023-KA-00936-COA (Criminal – Felony)
Affirming conviction of second-degree murder and attempted murder with firearm enhancement, denying without prejudice to reassert the claim for ineffective-assistance-of-counsel based on trial counsel not seeking a severance and holding that the defendant knowingly and intelligently waived his constitutional right to conflict-free representation.
(9-1-0: Lawrence for the majority; McCarty concurred in part and in the result without writing)
Washington v. State, 2024-CP-00059-COA (Civil – PCR)
Affirming dismissal of a PCR motion, holding that the trial court did not commit reversible error in summarily dismissing the PCR motion without an evidentiary hearing or in denying the motion for discovery.
(7-2-1: Lawrence for the majority; Wilson and McDonald concurred in part and in the result without writing; Emfinger did not participate)
Union Hill Missionary Baptist Church, Inc. v. Champion, 2024-CA-00401-COA (Civil – Other)
Affirming the chancellor’s decision vacating his prior orders and dismissing the complaint in a case involving a church congregation’s dispute over church governance, holding that the courts are without jurisdiction to adjudicate such ecclesiastical matters.
(10-0: Westbrooks for the the court)
Beasley v. State, 2023-KA-01228-COA (Criminal – Felony)
Affirming conviction of statutory rape, holding that it was error to deny the defendant’s motion to admit evidence under Rule 412(b)(1)(A) but that the error was harmless and that the evidence was sufficient to support the verdict.
(9-3*-0: Emfinger for the court; Westbrooks specially concurred, joined by McDonald and McCarty)
Other Orders
- Armistad v. State, 2023-KA-00799-COA (denying rehearing)
- Turner v. State, 2023-KA-01167-COA (denying rehearing)
Mississippi Appeals Blog 