The Mississippi Court of Appeals handed down three opinions today. There is an impressive variety today with a personal injury case tried to verdict, an estate case, and a capital murder conviction.
ABL Management, Inc. v. Rowell, 2024-CA-01007-COA (Civil – Personal Injury)
Affirming judgment for the plaintiff after the jury returned a verdict for the plaintiff in a personal injury claim against the company that oversaw and managed the kitchen were the plaintiff was injured, holding that the trial court did not err by denying an JNOV, in denying a motion for new trial, or in denying a remittitur.
(7-3: McCarty for the Court; Emfinger dissented, joined by Carlton and Wilson)
In the Matter of the Estate of Dorris: Moore v. Estate of Dorris, 2024-CA-00820-COA (Civil – Wills, Trusts & Estates)
Affirming the chancellor’s order denying a creditor’s motion to reopen an estate to claim a one-half interest in real property, holding that the record contained no evidence of fraud, mistake, or illegality concerning the prior resolution of the creditor’s claim or of fraud on the court.
(8-2-0: Carlton for the Court; McCarty concurred in part and in the result without writing; Westbrooks concurred in the result only without writing)
Wright v. State, 2024-KA-00225-COA (Criminal – Felony)
Affirming conviction of capital murder and life in prison without eligibility for parole, holding that the conviction was supported by sufficient evidence and that the trial court did not err in denying the defendant’s motion to suppress or motion in limine regarding text messages obtained from the defendant’s cell phone.
(10-0: Barnes for the Court)
Other Orders
- Brookshire v. State, 2023-KA-00966-COA (denying rehearing)
- Taylor v. State, 2023-KA-01201-COA (denying rehearing)
- Taylor v. Fair, 2024-CP-00676-COA (denying rehearing)
- Russell v. Booneville Police Department, 2024-CP-00757-COA (denying rehearing)
- Cardwell v. State, 2024-CP-01088-COA (denying rehearing)
Mississippi Appeals Blog 