Madison Taylor

Mississippi Supreme Court Decisions of March 9, 2023

The Mississippi Supreme Court handed down three opinions today and not one is pedestrian. The first involves whether the loser in an insurance coverage dec action can come back after the mandate in the dec action and after being vindicated in the underlying liability action, to get relief under Rule 60(b) from the no-coverage judgment. In the next case, the Court weighs in on the Jackson mayor’s attempt to veto the city council’s inaction on the garbage collection contract. The third case is an appeal of an order of contempt and order denying recusal after the attorney failed to appear at trial after representing to the circuit court that he had Covid.

Scruggs v. Farmland Mut. Ins. Co., 2021-CA-00877-SCT (Civil – Insurance)
Affirming the circuit court’s denial of a Rule 60(b) motion, holding that the mandate rule deprived the circuit court of jurisdiction to entertain a Rule 60(b) motion twenty years after the Supreme Court’s opinion and mandate.
(9-0)

CONTEXT – The facts make this ruling a bit more interesting than the holding suggests. Many years go, the plaintiffs (Scruggses) lost an insurance coverage dec action in state court 20 years ago. Coverage had been denied because the Scruggses were accused of committing intentional acts by Monsanto. The Scruggses then prevailed in Monsanto’s federal lawsuit against them. I’ll let the Supremes take it from here:

Lumumba v. City Council of Jackson, 2022-CA-00855-SCT (Civil – State Boards and Agencies)
Affirming the special chancellor’s summary judgment in favor of the city council in this episode of Jackson’s garbage-collection saga, holding that the mayor did not have legal authority to veto a non-action or negative vote of the city counsel the city council’s non-ratification of the garbage collection contract presented by the mayor.
(9-0)

NOTE – The Court also held that the trial court did not err in allowing the city council to admit exhibits (public records that had been produced to the mayor) at the MSJ hearing that were not yet filed in the record of that case and that the chancellor did not err in denying the mayor’s motion for additional findings because the mayor could not both object to the court’s consideration of the city council’s exhibits while also asking the court to consider the mayor’s extrinsic evidence.

In Re: Ali M. Shamsiddeen, 2021-CA-01217-SCT (Civil – Other)
Affirming order of contempt and order denying recusal, holding that the trial court did not err in finding defense counsel in contempt for failing to appear at a pretrial conference (in person or virtually, after being given that opportunity) or at the trial because defense counsel said he had COVID but only provided a vague medical excuse and quarantine order but refused to provide medical documentation of the diagnosis.
(7-2: Kitchens dissented, joined by King)

NOTE – Here is the email the attorney sent to the court on the eve of trial.

Other Orders

In Re: Local Rules, 89-R-99015-SCT (granting motion to amend Tenth Chancery Court District’s local rules)

Shannon v. Shannon, 2020-CT-00847-SCT (dismissing previously-granted cert sua sponte)

Simmons v. Jackson County, 2020-CT-01014-SCT (denying cert)

Young v. Freese & Goss PLLC, 2020-CT-01280-SCT (denying cert)

Boyd v. State, 2021-CT-00066-SCT (denying cert)

Turner & Associates P.L.L.C. v. Estate of Watkins, 2021-CT-00258-SCT (denying cert)

Hand Down List

Mississippi Court of Appeals Decisions of March 7, 2023

The Mississippi Court of Appeals handed down ten opinions on Tuesday with something for everyone. We have divorce, tax appeals, alleged deed forgeries, criminal convictions, wrongful death, a town without standing, an inmate requesting a CD of his trial transcript after receiving a paper copy, and (of course) a PCR case. The wrongful death opinion has an extended discussion of the proximate cause element and offers some clarification into what that element entails.

Johnson v. Johnson, 2021-CA-01354-COA (Civil – Domestic Relations)
Affirming in part and reversing in part a grant of divorce, holding that the chancellor did not err in granting divorce on the grounds of cruel and inhuman treatment but reversing and remanding based on the lack of findings as to classification, valuation, and distribution of the parties’ property.
(10-0)

Wilson v MDOC, 2021-SA-01393-COA (Civil – Other)
Affirming the trial court’s order that granted an inmate’s request for a paper copy of this trial transcript mailed to him but denied his request to have a CD of the record mailed to the inmate’s mother.
(10-0)

Hopes v. State, 2022-KA-00031-COA (Criminal – Felony)
Affirming conviction of armed robbery, holding that the defendant’s ineffective-assistance claim was more appropriate as a PCR motion, that convictions for armed robbery and possession of a stolen firearm did not violate the Double Jeopardy Clause, that the trial court properly refused a lesser-included offense, and that the evidence was sufficient to support the armed robbery conviction.
(10-0)

McDowell v. State, 2021-CA-01381-COA (Civil – PCR)
Affirming post-Miller re-sentencing to life without eligibility for parole, holding that the defendant was not entitled to re-sentencing by a jury and that the trial court did not abuse its discretion in examining and considering the Miller factors.
(10-0)

McCoy v. MDOR, 2022-SA-00033-COA (Civil – State Boards and Agencies)
Affirming the chancery court’s granting the DOR and Tax Appeals Board’s motions to dismiss challenging an assessment increasing taxable income a prior tax year, holding that the assessment was properly issued within the three-year statute of limitations and that the Tax Appeals Board was improperly named as a party.
(10-0)

Hill v. Pine View Apartments, 2022-CP-00302-COA (Civil – Real Property)
Affirming a judgment of eviction, holding that the tenant waived her right to argue that the landlord waived its right to evict her because it accepted rent post-breach because she did not present any proof at the circuit court.
(10-0)

Catlett v. Catlett, 2021-CA-01071-COA (Civil – Real Property)
Affirming the chancellor’s rulings following a trial on whether the foreclosure on real property was void due to alleged forgery of the wife’s signature on the deed, holding that although the evidence showed the signature was more likely than not a forgery the chancellor’s ruling was not unreasonable in light of the notarial presumption.
(9-1-0: Wilson concurred in part and in the result without separate written opinion.)

Smith v. Minier, 2021-CA-01284-COA (Civil – Wrongful Death)
Reversing dismissal on summary judgment of a wrongful death claim where the decedent died of chronic liver failure five months after a car wreck, holding that there was a fact question as to whether the other driver’s actions were the proximate cause of the decedent’s use of pain medication, misuse of pain medication, and resulting death.
(7-3-0: Carlton, Wilson, and Emfinger concurred in part and in the result without separate written opinion.)

PRACTICE POINT – This is a must-read if you handle negligence claims. The Court of Appeals confessed occasional, prior inconsistencies in the Court’s use of the term “proximate cause” and took the opportunity to clarify:

Regarding the instant case, the Court held:

Board of Aldermen v. State, 2021-CA-00880-COA (Civil – State Boards and Agencies)
Affirming dismissal of a claim by the town seeking a declaratory judgment that aldermen acted in good faith when approving payments to certified part-time law enforcement officers after the State Auditor made a demand to the aldermen, holding that the town lacked standing because the the OSA had made the demand for the benefits of the town and had returned the recovered money to the town.
(9-1-0: McDonald concurred in result only without separate written opinion.)

NOTE – This case involved a game of “Who is actually the plaintiff?” The Complaint listed the plaintiff as “Board of Aldermen of the Town of Tutwiler, Mississippi” but the Court held that the town itself was actually the plaintiff:

Barden v. State, 2021-KA-01327-COA (Civil – Felony)
Affirming murder conviction and denial of JNOV or new trial, holding after receiving a Lindsey brief and independently reviewing the record that the evidence was sufficient to support the conviction, no arguable issues that would require supplemental briefing, and no issues that warranted reversal.
(10-0)

Other Orders

Price v. State, 2019-KA-01890-COA (denying rehearing)

King v. State, 2021-CA-01145-COA (denying rehearing)

Hand Down List

Mississippi Supreme Court Decisions of March 2, 2023

The Mississippi Supreme Court handed down one decision yesterday but also granted cert in an interesting MTCA case involving police-protection immunity that split the Court of Appeals.

State v. RW Development, LLC, 2021-CA-01134-SCT (Civil – Real Property)
Affirming the chancery court’s judgment denying the City’s request for declaratory judgment declaring that it had the sole and exclusive authority to lease Public Trust Tidelands, holding that Mississippi statutory law grants the City the authority to lease the property to a developer for public use and to build a pier without “obtaining a redundant second grant of authority from the Secretary of State in the form of a lease.”
(6-3: King dissented, joined by Kitchens and Griffis.)

Other Orders

Curry v. State, 2018-M-01543 (granting application to file successive motion for PCR)

Towns v. Panola County Bd. of Supervisors, 2020-CT-01364-SCT (denying cert)

Wilson v. Lexington Manor Senior Care, LLC, 2021-CT-00072-SCT (denying cert)

Edwards v. State, 2021-CT-00261-SCT (denying cert)

Phillips v. City of Oxford, 2021-CT-00639-SCT (granting cert)

NOTE – This is an interesting cert grant in a police-protection immunity case that split the Court of Appeals 5-4 with the majority reversing the judgment in favor of the City. Here is my summary of the COA decision:

Phillips v. City of Oxford, 2021-CA-00639-COA (Civil – Personal Injury/MTCA)
Reversing the circuit court’s finding after a bench trial that the City was protected by police-protection immunity after an officer’s vehicle crossed an intersection against a red light and struck the plaintiff’s vehicle while the officer was responding to an emergency, holding that the facts of this case met the “exceptional circumstances” requirement for finding reckless disregard and that the officer acted with conscious indifference to the safety of the public and the certain parts of the police chief’s testimony were not credible.
( 5-4: Judge Lawrence dissented, joined by Judge Wilson, Judge Smith, and Judge Emfinger; Judge Greenlee did not participate.)

NOTE– The Court of Appeals declined the appellant’s invitation to adopt a “reckless disregard per se” rule and maintained the totality-of-the-circumstances analysis.

Jones v. State, 2021-CT-01088-SCT (denying cert)

Hand Down List

Mississippi Court of Appeals Decisions of February 28, 2023

The Mississippi Court of Appeals handed down three opinions today. Two are domestic relations cases: one dealing with child support and the other primarily dealing with custody. The third decisions is a PCR case.

Everett v. State, 2021-CP-01415-COA (Civil – PCR)
Affirming summary denial of a motion for PCR alleging an illegal sentence, holding no error because the sentence imposed was the maximum punishment authorized by statute at the time.
(7-2-0: Westbrooks and McDonald concurred in result only; Smith did not participate)

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White v. White, 2021-CA-01074-COA (Civil – Domestic Relations)
Affirming the chancellor’s decision ordering past-due child support for the period of time from when the parties’ youngest child turned 18 until she turned 21, holding that there was no evidence presented that the child was emancipated before turning 21.
(10-0)

Latham v. Latham, 2022-CA-00363-COA (Civil – Domestic Relations)
Affirming chancellor’s divorce judgment, holding that the chancellor did not err in the application of the Albright factors or in finding that one party did not provide a financial disclosure to the court.
(9-1-0: McCarty concurred in part and in the result without separate written opinion)

Other Orders

Tennesen v. City of Hattiesburg, 2021-CA-00137-COA (denying rehearing)

Wallace v. State, 2021-CP-01149-COA (denying rehearing)

Hand Down List

Mississippi Supreme Court Decisions of February 23, 2023

The Mississippi Supreme Court handed down two opinions today. One is an interesting case involving a term of incarceration for civil contempt approaching five years. The other was taken up on cert to address the defendant being sentenced as a habitual offender.

McPhail v. McPhail, 2020-CA-00739-SCT (Civil – Domestic Relations)
Affirming the chancery court’s order denying the father’s motion to be released from incarceration for contempt stemming from nonpayment of child support, holding that the chancellor did not err in denying release because the father refused to complete a court-ordered psychological evaluation which was the only remaining condition of release to be satisfied.
(5-4: Griffis dissented, joined by Kitchens, King, and Ishee)

Note – The dissent took issue with a nearly five-year incarceration for civil contempt that showed no sign of letting up:

Manuel v. State, 2020-CT-00711-SCT (Criminal – Felony)
Affirming convictions of second-degree murder and aggravated assault but vacating sentence as a habitual offender and remanding for resentencing, holding that the trial court lacked sufficient evidence to sentence Manuel as a habitual offender and that the Court of Appeals erred when it allowed the State to supplement the record with copies of indictments for prior offenses.
(9-0)

Other Orders

Murry v. State, 2020-CT-01363-SCT (denying cert)

Simpson County School District v. Wigley, 2021-CT-00009-SCT (denying cert)

Simpson v. State, 2021-CT-00075-SCT (denying cert)

James v. Thompson, 2021-CA-00458-SCT (denying rehearing)

Hand Down List

Mississippi Court of Appeals Decisions of February 21, 2023

The Mississippi Court of Appeals handed down seven opinions yesterday and I have just now been able to sit down and make it through them. These opinions include a wrongful-death MTCA claim, a complaint for public records, two wills and estates cases, and some PCR thrown in the mix.

Humphrey v. Steve Holts, 2021-CA-00046-COA (Civil – Other)
Reversing the chancery court’s order dismissing a complaint for public records and quashing subpoenas, holding that the chancellor erred in dismissing the complaint without an evidentiary hearing to examine the records at issue and remanding for an evidentiary hearing.
(9-1-0: Smith concurred in part and in the result without separate written opinion.)

Baker v. State, 2021-CP-01277-COA (Civil – PCR)
Affirming summary denial of a verified motion for PCR, holding that the trial court did not err in finding that the indictment properly charged the plaintiff with burglary of a dwelling.
(9-1-0: Westbrooks concurred in result only without separate written opinion.)

Avery v. Estate of Eric Lane Avery, 2022-CP-00163-COA (Civil – Wills, Trusts & Estates)
Affirming the chancery court’s order closing the estate, holding that the chancery court did not err in closing the estate without proceeding on a request to amend the death certificate and that there was no evidence that the daughter/beneficiary willfully, knowingly, or intentionally killed her father.
(10-0)

Buchanan v. Hope Federal Credit Union, 2021-CA-00218-COA (Civil – Other)
Affirming the circuit court’s order denying a motion to transfer venue in an action to confirm an arbitration award, holding that the failure to tender required payment at the designated address was a “substantial omission” that made the county where the payment was to be made a permissible venue.
(6-2-1: McCarty concurred in part and in the result without separate written opinion; Westbrooks concurred in result only without separate written opinion; McDonald concurred in part and dissented in part; Emfinger did not participate.)

Maxwell v. Panola County, Mississippi, 2021-CA-01001-COA (Civil – Wrongful Death)
Affirming a defense verdict in an MTCA lawsuit stemming from a double-fatality car crash with a sheriff’s deputy, holding that whether the deputy acted with reckless disregard when he ran a stop sign immediately before the collision was a question of fact and substantial evidence supported the trial court’s finding that it was not more than simple negligence.
(9-1-0: McDonald concurred in result only without separate written opinion.)

Buchanan v. State, 2021-CP-01069-COA (Civil – PCR)
Affirming motion for PCR challenging the revocation of post-release supervision, holding that the circuit court did not err in ruling that the plaintiff’s due process rights were not violated and that the plaintiff’s laches argument was both waived and meritless.
(10-0)

Estate of Charles James Bell v. Estate of Sarah Dell Mann Bell, 2021-CA-00789-COA (Civil – Wills, Trusts & Estates)
Affirming the chancery court’s enforcement of an antenuptial agreement, holding that the chancery court did not err in determining that the antenuptial agreement was not a testamentary document that the wife revoked by a subsequent will, was supported by consideration, and was not substantively unconscionable, and that the husband waived his statutory right to renounce the wife’s will.
(6-1-3: Wilson concurred in part and in the result without separate written opinion; McDonald dissented, joined by Barnes and Westbrooks.)

Other Orders

Arrington v. Anderson, 2021-CA-00233-COA (denying rehearing)

Belmer v. State, 2021-CP-00410-COA (denying rehearing)

Jarvis v. State, 2021-CP-00930-COA (denying rehearing)

Hand Down List

Mississippi Supreme Court Decisions of February 16, 2023

The Mississippi Supreme Court handed down one opinion today, along with several orders including the suspension of a municipal court judge for abuse of power.

Garcia v. State, 2020-DR-01224-SCT (Civil – PCR)
Affirming denial of PCR motion, holding that even under heightened scrutiny due in capital cases the plaintiff did not present a substantial showing that he was denied the right to effective assistance of counsel for not pursuing and presenting fetal alcohol syndrome disorder as a mitigating factor, for not presenting and explaining all mitigating evidence, or for not developing and presenting evidence that the defendant was under the substantial domination of another person.
(6-3-0: Kitchens concurred in part and in the result, joined by King and Ishee and joined in part by Coleman)

Other Orders

Cooper v. State, 2018-M-01124 (denying PCR motion)

Gilmer v. McRae, 2021-CA-00028-SCT (granting appellees’ motion for fees and costs)

Mississippi Commission on Judicial Performance v. Municipal Court Judge Carlos E. Moore, 2022-JP-00504-SCT (suspending respondent from office without pay for sixty days from his position as municipal judge for both Grenada and Clarksdale, ordering public reprimand in each county, and ordering a $1,500 fine)

Yates Services, LLC v. Hill, 2022-M-00879-SCT (denying petition for interlocutory appeal)

Hawkins v. State, 2022-M-01131 (denying application for leave to proceed in trial court, finding the application frivolous, and warning against future frivolous filings)

Hand Down List

Mississippi Court of Appeals Decisions of February 14, 2023

The Mississippi Court of Appeals handed down ten opinions on this Valentine’s Day. These opinions cover a lot of territory including criminal, custody, personal injury, and PCR.

Clayton v. State, 2021-KA-00505-COA (Criminal – Felony)
Affirming conviction of two counts of first-degree murder, holding that the trial court did not err by refusing the defendant’s lesser-included instructions and that the evidence was sufficient to support the deliberate design element for both counts.
(10-0)

Kirk v. State, 2021-KA-00733-COA (Criminal – Felony)
Affirming conviction of aggravated assault, holding that the evidence was sufficient to support the conviction and that the verdict was not against the overwhelming weight of the evidence.
(10-0)

MIMG C Woodridge Sub LLC v. Course, 2021-CA-00535-COA (Civil – Other)
Affirming award for past and future pain and suffering against an apartment complex to a plaintiff whose apartment was burglarized by someone who used an office key, holding that the award of $450,000 in noneconomic damages ($250,000 for past; $200,000 for future) was not excessive based on the evidence.
(8-2: Wilson dissented, joined by Barnes)

NOTE – The jury also awarded $42,080 in economic damages for the stolen items medical bills for psychiatric care.

Hull v. State, 2022-CP-00088-COA (Civil – PCR)
Affirming denial the plaintiff’s PCR petition, holding that the plaintiff was properly sentenced, he was not denied effective assistance, and his motion to receive a copy of his record and transcript was moot.
(10-0)

Stevenson v. State, 2021-KA-00411-COA (Criminal – Felony)
Affirming conviction of capital murder, holding that allowing the State’s forensic pathologist testify remotely violated the Confrontation Clause because there was no case-specific determination of necessity but that it was harmless error since there was other sufficient evidence to support the verdict.
(5-5-0: Wilson, Lawrence, Smith, and Emfinger concurred in part and in the result without separate written opinion; Westbrooks concurred in the result only without separate written opinion)

McFarland v. State, 2021-CA-01311-COA (Civil – State Boards and Agencies)
Affirming in part and reversing/rendering in part the trial court’s rulings on a petition to correct eligibility for parole, holding that the trial court erred in treating the petition as a motion to modify the sentence and that the trial court had jurisdiction to consider the petition but also holding that the record supported a finding that the plaintiff was not eligible for parole.
(8-1-0: Emfinger concurred in part and in the result without separate written opinion)

Jordan v. State, 2021-KA-01421-COA (Criminal – Felony)
Affirming conviction of sexual battery of the defendant’s minor stepdaughter, holding that the trial court did not err in allowing a sexual assault nurse examiner was not reversible error, that the trial court did not err in admitting “nanny cam” video into evidence, that trial counsel’s lack of hearsay objection to a letter did not affect the outcome, and that the evidence was sufficient to support the verdict.
(8-1-0: Wilson concurred in part and in the result without separate written opinion; Judge Smith did not participate)

Rye v. State, 2021-CA-00477-COA (Civil – PCR)
Reversing denial of motion for PCR, holding that the trial court erred in denying the motion on the basis that the guilty plea prevented the plaintiff from asserting that newly discovered evidence existed that could prove his innocence.
(10-0)

Denham v. Lafayette County Department of CPS, 2021-CA-00871-COA (Civil – Custody)
Affirming judgment terminating a mother’s parental rights, holding that the chancellor’s ruling was based on substantial credible evidence and that there was no merit to her arguments regarding her attorney’s performance or the GAL’s report and testimony.
(5-2-2: Emfinger concurred in part and in the result without separate written opinion; Carlton concurred in result only without separate written opinion; McCarty concurred in part and dissented in part, joined by Westbrooks; Greenlee did not participate)

Haynes v. Beckward, 2019-CA-01508-COA (Civil – Personal Injury)
Affirming in part and reversing in part the trial court judgment’s after a car wreck trial, holding that the trial court did not abuse its discretion in excluding the defendant-driver’s testimony that he saw three other cars pass his trailer before the accident without incident or in denying a mistrial after the plaintiff testified about the defendant’s insurance company during cross, but holding that the trial court abused its discretion in denying the motion for remittitur where the awards for future medical expenses and future lost wages exceeded the competent evidence on those elements.
(6-1-3: Westbrooks concurred in part and dissented in part without separate written opinion; Lawrence concurred in part and dissented in part with separate written opinion, joined by Westbrooks and McCarty, and in part by McDonald.)

DISCLOSURE – I was not trial counsel, but I represent the appellants in this appeal.

Other Orders

Smith v. State, 2020-KA-00775-COA (granting motion for authorization to proceed out of time)

Blagodirova v. Schrock, 2020-CA-01162-COA (denying rehearing)

Bowman v. State, 2020-KA-01371-COA (denying rehearing)

Dampier v. State, 2021-KA-00280-COA (denying rehearing)

O’Quinn v. State, 2021-KA-00534-COA (denying motion for permission to proceed out of time)

Keys v. Rehabilitation, Inc., 2021-CA-01338-COA (denying rehearing)

Young v. State, 2022-CP-00141-COA (denying rehearing)

Johnson v. State, 2022-CP-01186-COA (sua sponta allowing appeal to proceed as timely)

Boyett v. State, 2022-TA-01239-COA (sua sponte suspending appeal deadline to allow untimely appeal to proceed on the merits)

Silas v. State, 2022-TS-01265-COA (dismissing appeal for lack of jurisdiction)

Hand Down List

Mississippi Supreme Court Decisions of February 9, 2023

On Thursday, the Mississippi Supreme Court handed down one opinion, and I was approaching the confluence of a dispositive/Daubert motions deadline in one case and an expert designation deadline in another.

Heritage Hunter Knoll, LLC v. Lamar County, Mississippi, 2021-CA-01325-SCT (Civil – States Boards and Agencies)
Affirming in part and denying in part the dismissal for lack of jurisdiction of a property owner’s appeal of the County Board’s decisions related to a waste ordinance, holding that the appeal of an amendment to the ordinance was time-barred because it was not appealed within the 10-day time limitation in section 11-51-75, but also holding that the appeal of the Board’s denial of a variance request was timely filed and remanding for a full hearing on that issue.
(9-0)

NOTE – The Supreme Court also held that the property owner did not engage in claim splitting when it filed a separate lawsuit in federal court while appealing the Board’s actions:

Other Orders

Wallace v. State, 2020-M-00979 (denying application for leave to file motion for PCR, finding the filing frivolous, and warning against future frivolous filings)

Crossgates United Methodist Church v. Ming, 2020-IA-01358-SCT (dismissing interlocutory appeals)

White v. White, 2021-CT-00333-SCT (denying cert)

Beasley v. State, 2021-CT-00653-SCT (denying cert)

Norwood v. State, 2021-CT-00802-SCT (denying cert)

Bland v. State, 2021-KA-00973-SCT (denying rehearing)

Patterson v. MDES, 2021-CT-01150-SCT (dismissing “notice of appeal” and cert petition)

In re: Debbie Travis Robertson, 2022-M-01032 (denying petition for disqualification of judge)

In re: William C. Spencer, Jr., 2022-M-01041 (denying petition for disqualification of judge)

Hand Down List

Mississippi Court of Appeals Decisions of February 7, 2023

The ever-prolific Mississippi Court of Appeals handed down nine opinions today. There is a mix of criminal, domestic, and civil cases with a unifying theme of appellees running the table.

Edwards v. State, 2021-KM-01348-COA (Criminal – Misdemeanor)
Affirming conviction of first-offense DUI, holding that there was probable cause for the traffic stop and that law enforcement was not required to inform the defendant of his right to an independent and alternative BAC test.
(10-0)

Harrison v. Howard, 2021-CA-00697-COA (Civil – Domestic Relations)
Affirming judgment of contempt for failure to comply with agreed order of modification of child custody and support, holding that the father waived improper service, that the agreed modification order was voidable but not void and he failed to timely appeal it, and that he waived the issue of termination of the mother’s child support obligation by not timely objecting or appealing.
(7-3-0: Wilson, McCarty, and Emfinger concurred in part and in the result without separate written opinion.)

Washington v. State, 2021-KA-01041-COA (Criminal – Felony)
Affirming conviction of capital murder and armed robbery, holding that the trial court’s comments to the jury that this was not a death penalty case was appropriate clarification of fact and did not prejudice the jury, that the defendant did not prove that the State’s loss of a video lineup was not bad faith, that there was no proof that inadmissible portions of video testimony were played to the jury and so it is presumed that the trial court’s order sustaining an objection to the inadmissible testimony was heeded, and that if admitting a handgun into evidence was error it was invited by the defendant who introduced it.
(7-3-0: Wilson, McCarty, and Emfinger concur in part and in the result without separate written opinion.)

Pace v. State, 2022-KA-00046-COA (Criminal – Felony)
Affirming conviction of first-degree murder, holding that the verdict was supported by sufficient evidence and was not against the overwhelming weight of the evidence, that the trial court erred in admitting photos without a proper foundation but the error was harmless, that the defendant waived the argument that the State made an improper comment during closing by not objecting, and that the trial court did not err in refusing the defendant’s self-defense instruction.
(7-2-0: Wilson and Greenlee concurred in part and in the result without separate written opinion, Smith did not participate.)

Brandon v. State, 2021-KA-01239-COA (Criminal – Felony)
Affirming conviction of possession of a firearm by a felon upon receipt of a Lindsey brief and a review of the record finding no arguable issues for appeal.
(10-0)

Lofton v. Lofton, 2021-CA-00035-COA (Civil – Real Property)
Affirming judgment in a fraudulent-transfer of real and personal property lawsuit that is tangential to a pending divorce action, holding that the chancery court did not abuse its discretion in determining that the UFTA supported a finding of fraud or in awarding the prevailing party attorney’s fees.
(9-1-0: Westbrooks concurred in the result only.)

NOTE – This is an interesting and fact-bound decision discussing the UFTA.

Mack v. State, 2021-CA-01060-COA (Civil – Other)
Affirming denial of expungement, holding that the trial court did not err in finding that the plaintiff’s conviction was related to his official duties as a police officer.
(10-0)

Clark v. Tippah County Dept. of Child Protection Services, 2021-CP-01209-COA (Civil – Custody)
Affirming judgment terminating parental rights, holding that the mother’s due process claims were procedurally barred and without merit and that the chancellor did not err in terminating parental rights.
(7-2-0: McDonald concurred in part and in the result without separate written opinion; Westbrooks concurred in the result only; Greenlee did not participate.)

West Jasper Consolidated School District v. Rogers, 2021-CA-00171-COA (Civil – Contract)
Affirming chancery court’s judgment that the school district breached 16th section lease terms regarding rent adjustments, holding that the chancery court had subject matter jurisdiction, applied the correct standard of review, did not err in finding no material breach by appellees, did not err in overturning the county board’s ruling, and did not err in denying attorney’s fees to the appellant.
(10-0)

Other Orders

La Casa I, LLC v. Gottfried, 2021-CA-00347-COA (denying rehearing)

Belmer v. State, 2021-CP-00398-COA (denying rehearing)

Davis v. State, 2021-KA-00593-COA (denying rehearing)

Howard Industries, Inc. v. Hayes, 2021-WC-00694-COA (denying rehearing)

Meek v. Cheyenne Steel, Inc., 2021-WC-01219-COA (denying rehearing)

Hand Down List