While Judge Maxwell and Judge Chamberlin adjust to their new roles on federal bench, the seven remaining members of the Mississippi Supreme Court soldier on dispensing justice on the State’s Highest Court. Today, they handed down two opinions in direct criminal appeals.
Wallace v. State, 2024-KA-00413-SCT (Criminal – Felony)
Affirming conviction of aggravated assault, holding that the indictment was not defective and that the defendant was estopped from arguing on appeal that the indictment was constructively amended by a jury instruction, that the evidence was sufficient, and that the trial court did not abuse its discretion by denying a motion for new trial that asserted new evidence.
(7-0: Sullivan for the Court)
Hollingsworth v. State, 2024-KA-00908-SCT (Criminal – Felony)
Affirming conviction of possession of meth, holding that it was not error for the prosecutor to make a statement about a witness who was not called because the witness was more accessible to the defendant than the State.
(7-0: Coleman for the Court)
Hand Downs
- In Re: Court Improvement Program Statewide Multi-Disciplinary Task Force, 89-R-99037-SCT (appointing members of the Court Improvement Program Statewide Disciplinary Task Force)
- Stephney v. State, 2023-CT-00936-SCT (denying cert)
- Tubbs v. State, 2023-KA-01124-SCT (granting Office of Indigent Appeals’ motion for authority to pay contract counsel)
- Quinn v. State, 2023-CT-01143-SCT (denying cert)
- Mi Pueblo Mexican Restaurant, LLC v. Breakfast Cove, LLC, 2024-CA-00271-SCT (granting motion to stay appeal and ordering the trial court to rule on a Rule 60(b) motion)
- Carroll v. State, 2024-CT-00875-SCT (dismissing pro se cert petition)
Mississippi Appeals Blog 