The Mississippi Court of Appeals handed down six opinions today. There is a couple of domestic relations cases, one of which turns on an appellate jurisdiction issue. Then there are two direct criminal appeals, an MTCA case, and attorney’s fees case.
In Re Guardianship of K.G.W.: Garland v. Bunch, 2024-CA-01325-COA (Civil – Domestic Relations)
Dismissing appeal stemming from a guardianship, holding that the Court lacked jurisdiction on the appeal taken under section 11-43-53 because there had been no trial of a habeas corpus.
(10-0: Lassitter St. Pe’ for the Court)
O’Quin v. Davaul, 2024-CP-01327-COA (Civil – State Boards & Agencies)
Affirming dismissal of a complaint against the county tax assessor and granting judgment on the pleadings for failing to comply with MTCA requirements, holding that the pro se appellant’s arguments were without merit and were procedurally barred for failing to comply with the rules of appellate procedure.
(10-0: Lassitter St. Pe’ for the Court)
Fraser v. State, 2023-KA-01129-COA (Criminal – Felony)
Affirming conviction of culpable negligence manslaughter, holding that even if admission of emails and photographs from the victim’s phone showing past abuse was error it was harmless, that the trial court did not err in admitting an email from the defendant into evidence or in limiting the defendant’s expert witness’s testimony, and that the evidence was sufficient to support the conviction.
(8-2-0: Emfinger for the Court; Westbrooks and McDonald concurred in part and in the result without writing)
Elkins v. State, 2024-KA-00597-COA (Criminal – Felony)
Affirming conviction of aggravated assault, holding that there were no issues warranting reversal after reviewing counsel’s Lindsey brief and the record.
(10-0: Emfinger for the Court)
Covington County Bank v. Scott Tractor & Equipment Company, 2024-CA-01071-COA (Civil – Contract)
Reversing the circuit court’s denial of attorney’s fees, holding that the trial court abused its discretion in denying the request for attorney’s fees that was sought after the defendant paid the debt with accrued interest on the same day the creditor filed a motion for entry of default.
(7-3: Westbrooks for the Court; Emfinger dissented, joined by Wilson and Lawrence)
Aultman v. Aultman, 2024-CA-00746-COA (Civil – Domestic Relations)
Affirming in part and reversing in part in a divorce case, holding that the chancellor erred with respect to the valuation of a home and remanding to reconsider valuation and equitable distribution but holding that the chancellor did not err in valuing an ESIP, retirement, and PERS accounts, did not err in awarding attorney’s fees for successful contempt proceedings.
(8-1-0: Carlton for the Court: Wilson concurred in part and in the result without writing; Lassitter St. Pe’ did not participate)
Other Orders
- Ryals v. State, 2023-KA-01192-COA (ordering the circuit clerk to supplement the appellate record with the transcript of the jury instruction conference by a date certain and further ordering that if it is not received by that date that the court reporter shall appear before the Court at a show cause hearing)
Mississippi Appeals Blog 