The Mississippi Court of Appeals handed down eight opinions today with four civil appeals and four criminal appeals. The four civil cases include a slip-and-fall summary judgment, an MTCA police-pursuit case, and the reversal of summary judgment in a med mal case.
White v. State, 2024-KA-00658-COA (Criminal – Felony)
Affirming in part and reversing in part the circuit court’s judgment of conviction of four counts of aggravated DUI and one court of fourth-offense DUI, holding that the statute of limitations had run on the fourth-offense DUI charge, that there was no error with the prosecution for aggravated DUI based on statute of limitations or double-jeopardy grounds, and that the defendant showed no prejudice as a result of the alleged prosecutorial misconduct.
(7-3: Lassitter St. Pe’ for the Court; McDonald concurred in part and in the result without writing; Westbrooks concurred in part and dissented in part without writing; Wilson concurred in part and dissented in part, joined by Westbrooks and McDonald)
Crowley v. State, 2024-KA-00589-COA (Criminal – Felony)
Affirming conviction of one count of conspiracy, one count of burglary of a dwelling, and one count of grand larceny and the sentence as a non-violent habitual offender, holding that sentence was supported by sufficient evidence and that Erlinger did not apply.
(10-0: Weddle for the Court)
Norman v. State, 2024-CP-01107-COA (Civil – PCR)
Affirming the circuit court’s denial of a PCR motion, holding that the circuit court did not err in finding it successive and containing substantive flaws that rendered relief improper.
(7-2-1: Lawrence for the Court; McDonald concurred in part and in the result without writing; Wilson concurred in result only without writing; McCarty dissented, joined in party by McDonald)
Moore v. State, 2024-KA-00507-COA (Criminal – Felony)
Affirming conviction of trafficking heroin, possession of meth, and possession of PCP, holding that the evidence was sufficient on all three counts.
(10-0: Wilson for the Court)
Long v. Jones County, 2024-CA-00521-COA (Civil – Personal Injury)
Affirming summary judgment in favor of the defendant in a slip-and-fall case, holding that the trial court did not err in finding that there was insufficient evidence to prove that the sidewalk in question constituted a dangerous condition.
(10-0: Wilson for the Court)
Hayes v. Magee Benevolent Foundation, 2024-CA-00910-COA (Civil – Wrongful Death)
Reversing the circuit court’s grant of summary judgment dismissing a med mal case based on a finding that the plaintiff could not establish causation under the “loss-of-chance doctrine,” holding that there was a genuine issue of material fact existed where the plaintiff provided expert testimony that the decedent died of a heart attack, that the hospital breached the standard of care by accepting the decedent’s self-diagnosis of a panic attack, and that but for that breach the decedent would have had a greater than 50% chance of survival.
(10-0: Wilson for the Court)
Anderson v. State, 2024-KA-00935-COA (Criminal – Felony)
Affirming conviction of being a felon in possession of a firearm, holding that the conviction was supported by sufficient evidence and that the verdict was not against the overwhelming weight of the evidence.
(10-0: Carlton for the Court)
Luckett v. Leake County, 2024-CA-00269-COA (Civil – Personal Injury)
Affirming the circuit court’s judgment after bench trial under the MTCA where the plaintiff was injured by a collision with a deputy who was involved in a high-speed pursuit, holding that the trial court did not err in apportioning 55% of the fault to the fleeing suspect.
(6-3-1: Barnes for the Court; Wilson, McCarty, and Emfinger concurred in part and in the result without writing; McDonald concurred in part and dissented in part without writing)
Other Orders
- Cunningham v. State, 2023-KA-01213-COA (denying rehearing)
- Saddler v. State, 2024-CP-00099-COA (denying rehearing)
- Hall v. Mitchell, 2024-CA-00667-COA (denying rehearing)
- Hodge v. Hodge, 2024-CA-00745-COA (denying rehearing)
- UMMC v. Giddens, 2024-CA-00842-COA (denying rehearing)
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