The Mississippi Court of Appeals handed down four opinions today. Three are PCR cases and the other is a direct criminal appeal.
Walker v. State, 2023-CP-00787-COA (Civil – PCR) Affirming dismissal of a PCR motion, holding that the trial court properly dismissed the motion for failure to first seek relief through MDOC’s ARP regarding the calculation of a sentence. (9-0)
Farris v. State, 2023-CP-00845-COA (Civil – PCR) Affirming denial of PCR motion, holding that the trial court did not err in finding that the trial court did not err with regarding to sentence enhancements and that there was no prejudice in the trial court no recusing sua sponte such that there was a reversible abuse of discretion. (9-0)
Ward v. State, 2023-CA-00378-COA (Civil – PCR) Affirming denial of PCR motion, holding that the trial court did not err in finding that the motion was time barred by the UPCCRA. (7-1-0: Westbrooks concurred in result only without writing; Emfinger did not participate.)
Simmons v. State, 2023-KA-00518-COA (Criminal – Felony) Affirming conviction of second-degree murder, holding that the trial court did not err in the self-defense instructions given and that there was sufficient evidence to sustain the conviction. (9-0)
Other Orders
Course v. State, 2022-KA-00760-COA (denying rehearing)
Holt v. State, 2023-KM-00121-COA (denying motion to correct the court’s prior opinion)
Hamer v. State, 2023-CP-00701-COA (denying rehearing)
I had a hearing in Copiah County Circuit Court yesterday and that was my first time in the courthouse in Hazlehurst. It is a beautiful, three-story building with a central rotunda and a dome that is visible from the ground floor. I did not get a good picture of the courtroom, but it is circular with gallery seating wrapped-around on the ground floor and on a second-floor balcony. A great, small-town Mississippi courthouse!
The Mississippi Court of Appeals handed down nine opinions on this Constitution Day. There is something for just about everyone but PCR enthusiasts. Today’s opinions include personal injury cases, divorce cases, a real property case, an arbitration-award confirmation case, a youth court case, and a direct criminal appeal.
Franks v. Franks, 2023-CA-00088-COA (Civil – Domestic Relations) Affirming final judgment of divorce, holding that the chancellor did not err in diving the martial home and ordering the husband to sell his portion to the wife where the husband agreed to do so, did not penalize the husband for embezzlement that occurred at his business but did not abuse her discretion in finding the husband’s adulterous relationship with the embezzler relevant in the Ferguson analysis, did not abuse her discretion in weighing the valuations of the marital property, did not abuse her discretion in awarding the wife attorney’s fees, did not abuse her discretion in not crediting the husband for payments made toward the marital home after the date of demarcation when he received the benefit of living in the home, and did not err in determining the amount of child support. (8-0: Carlton did not participate)
Zemek v. Gunn, 2023-CA-00833-COA (Civil – Other) Affirming the circuit court’s order denying a continuance and confirming an arbitration award, holding that the defendant waived the issue of timeliness and that, in any event, the confirmation petition was timely and that the circuit court did not abuse its discretion in denying a continuance. (9-0)
Fox v. Allen Automotive, Inc., 2023-CA-00441-COA (Civil – Personal Injury) Reversing summary judgment in favor of a car dealership in a premises liability action, holding that the trial court erred in finding that the plaintiff exceeded the scope of his invitation and became a trespasser where the plaintiff was injured while walking his dog and that because the plaintiff was an invitee there was a genuine issue of material facts as to whether the dealership had constructive knowledge of the dangerous condition. (9-0)
NOTE – The plaintiff was walking a Heeler when he fell. If anyone ever claims that you can’t hear a footnote, you can refute them with this:
Anderson v. Grabmiller, 2023-CA-00593-COA (Civil – Domestic Relations) Affirming the chancellor’s decision awarding alimony to the husband, holding that the chancellor did properly consider rehabilitative alimony and that the chancellor did not err in his Armstrong analysis. (9-0)
Brown v. State, 2023-KA-00648-COA (Criminal – Felony) Affirming conviction of second-degree murder but vacating the firearm enhancement portion, holding that the firearm enhancement should be vacated because the minimum sentence for that enhancement was less than the minimum sentence for the second-degree murder conviction, but that the State’s commends during closing did not rise to the level of plain error, that the ineffective-assistance-of-counsel claim should be denied without prejudice, that the trial court did not abuse its discretion admitting evidence of a shell casing recovered from the murder scene, that the verdict was supported by sufficient evidence and was not against the overwhelming weight of the evidence, and that there was no cumulative error warranting reversal. (8-1-0: Westbrooks concurred in part and in the result without writing)
Jones v. Curtis, 2023-CA-00987-COA (Civil – Domestic Relations) Affirming decision modifying child-custody agreement, holding that the chancery court had subject matter jurisdiction and did not err in considering facts and events occurring before the initial custody determination. (7-2-0: McDonald and McCarty concurred in part and in the result without writing)
Cook v. Vowell, 2023-CA-00724-COA (Civil – Real Property) Affirming chancery court’s grant of specific performance of an option to purchase an interest in real property, holding that the chancellor did not err in finding that there was consideration for the contract where there was no separate consideration spelled-out for the option or in finding that there was a valid offer and acceptance. (9-0)
In the Matter of L.C.: Doe v. Bolivar County Youth Court, 2022-CA-00614-COA (Civil – Other) Reversing the youth court’s finding that the mother had not satisfactorily completed a service plan working towards reunification, holding that there was no substantial evidence to support the youth court’s finding that MDCPS had made requisite “reasonable efforts” towards reunification. (7-2: Westbrooks dissented, joined by McDonald; McDonald also separately noted a dissent but did not write)
Georgen v. Estate of Brown-Barrett, 2023-CA-00344-COA (Civil – Personal injury) Reversing the trial court’s grant of summary judgment in a premises-liability case, holding that the trial court erred in finding that a baby gate leaned against a doorway in a residence did not constitute a dangerous condition. (5-3: Carlton dissented, joined by Barnes, and Wilson; Westbrooks did not participate)
Other Orders
Whiddon v. State, 2022-KA-00616-COA (denying rehearing)
Crawford v. East Mississippi State Hospital, 2022-CA-00753-COA (denying rehearing)
Jackson v. State, 2022-KA-01143-COA (denying rehearing)
The Mississippi Court of Appeals handed down six opinions last week and three opinions this week. Since I was out of the office last Tuesday I included last week’s cases in this post. Between the two dates there there are a couple of service-of-process cases, a few personal injury cases, a couple of domestic relations cases, direct criminal appeals, and a two PCR cases. Appellants prevailed in all three of today’s cases.
September 3, 2024
Havard v. Hart, 2023-CA-00260-COA (Civil – Personal Injury) Affirming dismissal for insufficient service of process, holding that there was substantial evidence supporting the trial court’s finding that the defendant had not been properly served and that the plaintiff did not have good cause for failing to timely serve process. (8-1-0: McDonald concurred in result only without writing)
Old Hattiesburg High, L.P. v. Harris Construction Services, LLC, 2023-CA-00579-COA (Civil – Other) Dismissing appeal of order denying a motion to reinstate an order obtaining expunging a contractor’s lien, holding that the initial order expunging the lien was not a final appealable order and that subsequent orders on motions revising the interim order were not final either. (8-1-0: Wilson concurred in part and in the result without writing)
Hyland v. State, 2023-CA-00256-COA (Civil – PCR) Affirming the trial court’s dismissal of PCR motion challenging his convictions and seeking an out-of-time appeal, holding that motion was time-barred and successive. (9-0)
Fortner v. Bratcher, 2023-CP-00664-COA (Civil – Domestic Relations) Affirming the chancellor’s findings related to motions for contempt and custody modification, holding that the chancellor did not abuse his discretion finding the father in contempt, carrying forward the parties’ agreed visitation schedule, or enjoining the parties from contacting CPS with allegations of neglect or abuse without first contacting local law enforcement. (9-0)
Miller v. State, 2023-CP-00812-COA (Civil – PCR) Affirming the trial court’s dismissal of a PCR motion, holding that it was barred by the UPCCRA’s statute of limitations. (9-0)
Wilkerson v. Allred, 2023-CA-00393-COA (Civil – Personal Injury) Reversing the trial court’s grant of summary judgment dismissing claims for emotional distress damage after the defendant shot and killed the plaintiff’s puppy in the head as it sat next to the plaintiff’s twelve-year-old sister, holding that there was a jury question on the issue of whether the plaintiff’s emotional distress injuries were reasonably foreseeable to the defendant. (4-3-2: Wilson and McDonald concurred in part and in the result without writing; Westbrooks concurred in the result only without writing; Carlson dissented, joined by Emfinger and joined in part by McDonald.)
September 10, 2024
Bell v. State, 2023-CA-00951-COA (Criminal – Felony) Vacating and remanding revocation of a suspended sentence, holding that the trial judge was automatically disqualified because she had previously served as the ADA for the underlying conviction. (7-2: Barnes dissented, joined by Wilson)
Wells v. Wells, 2023-CA-00674-COA (Civil – Domestic Relations) Reversing the chancery court’s judgment granting the wife’s petition for divorce and divesting the husband of his interest in real property, holding that there was no evidence that the husband was properly served. (4-1-4: Emfinger concurred in part and in the result without writing; Wilson dissented, joined by Barnes, Lawrence and Smith.)
Deere v. Taylor, 2023-CA-00063-COA (Civil – Personal Injury) Reversing the trial court’s dismissal of a personal injury lawsuit, holding that the prohibition against claim-splitting was not triggered where the plaintiff filed one lawsuit but was unable to serve the defendants and months later filed a second lawsuit asserting the same causes of action against the same parties while the first lawsuit sat stale.
Other Orders
Daly v. Raines, 2022-CT-00600-SCT (denying appellant’s to voluntarily dismiss this appeal)
McKenzie v. McKenzie, 2022-CA-01175-COA (denying rehearing)
Estate of Staten: Staten v. Pedersen, 2023-CA-00228-COA (denying untimely motion tor additional time to file a motion for rehearing)
Stewart v. State, 2024-TS-00606-COA (dismissing appeal as untimely)
The Mississippi Court of Appeals handed down eleven opinions today. The majority are PCR cases, but there are a few direct criminal appeals, a personal injury case, and a divorce case.
Magee v. State, 2023-CP-00008-COA (Civil – PCR) Affirming denial of PCR motion, holding that the circuit court did not err by failing to appoint counsel to represent the petitioner at his evidentiary hearing, finding that the guilty pleas were knowing/intelligent/voluntary, or in denying the claim of ineffective assistance of counsel. (9-0)
Haley v. State, 2023-CP-00918-COA (Civil – PCR) Affirming dismissal of second PCR motion, holding that the circuit court did not err in finding that the motion was successive and time-barred. (9-0)
Stacy v. Stacy, 2023-CA-00219-COA (Civil – Domestic) Reversing the chancellor’s division of martial property and alimony award, holding that the chancellor erred by failing to address both the Ferguson factors and the Armstrong factors in the decision. (9-0)
Harris v. State, 2023-KA-00460-COA (Criminal – Felony) Affirming resentencing for conviction of depraved heart murder, holding that the trial court did not err in sentencing the defendant to life imprisonment and that the defendant had no liberty interest in parole. (7-1-0: Westbrooks concurred in result only; Emfinger did not participate)
Alexander v. Metropolitan Y.M.C.A., 2022-CP-01092-COA (Civil – Personal Injury) Affirming the trial court’s grant of summary judgment in a personal injury action arising from a swimming pool accident, holding that the trial court did not err in granting summary judgment where there was no evidence of breach or proximate cause. (7-0: McDonald and Emfinger did not participate)
Easterling v. State, 2023-KA-00610-COA (Criminal – Felony) Affirming conviction of possession of a controlled substance as a second or subsequent offender and habitual offender, holding that there were no grounds for reversal after reviewing counsel’s Lindsey brief and the record. (9-0)
LaFleur v. State, 2022-KA-00500-COA, consolidated with 2022-IA-01244-COA (Criminal – Felony) Affirming the trial court’s denial of the defendant’s motion to dismiss, holding that the trial court’s ruling granting a new trial on attempted murder did not constitute an acquittal so the Double Jeopardy Clause did not prohibit a second trial, and dismissing direct appeal because the defendant did not challenge his conviction of simple assault.
Pryer v. State, 2023-CP-00568-COA (Civil – PCR) Reversing the trial court’s denial of a Rule 60(b)(6) motion to reconsider the denial of a PCR motion challenging the revocation of a suspended sentence, holding that it was error to deny the motion reconsider because MDOC’s petition for revocation cited only technical violations. (9-0)
Hardy v. State, 2023-CP-00970-COA (Civil – PCR) Affirming denial of PCR motion, holding that the guilty plea was voluntary, that any Fourth Amendment or Sixth Amendment challenges were waived by the guilty plea. (9-0)
Wallace v. State, 2023-KA-00071-COA (Criminal – Felony) Affirming conviction of armed robbery, holding that the trial court did not commit plain error by proceeding with voir dire in the defendant’s absence where the defendant knew about the trial date but had transportation issues, that there was no reversible error related to the prosecutor’s statements during closing, and that the verdict was not against the overwhelming weight of the evidence. (7-1[0]-1[2]: McDonald concurred in part and in the result without writing; Westbrooks concurred in part and dissented in part, joined by McDonald.)
Siggers v. State, 2023-CP-00324-COA (Civil – Other) Affirming the trial court’s summary denial of a pro se “Habeas Corpus” pleading that it treated as a PCR motion, holding that the trial court erred by treating the pleading as a PCR motion but affirming denial of the “Habeas Corpus” because the issue was moot once the final revocation hearing was held, but remanding the matter to consider a subsequent PCR motion. (6-3: McDonald concurred in part and dissented in part, joined by Barnes and Westbrooks, joined in part by McCarty)
The Mississippi Court of Appeals handed down nine opinions today. There are several direct criminal appeals, a personal injury case, and two real property cases.
Allen v. State, 2023-KA-00264-COA (Criminal – Felony) Affirming conviction of armed robbery, kidnapping, and aggravated assault with firearm enhancement, holding that there were no issues warranting reversal after reviewing counsel’s Lindsey brief and the record. (9-0)
Aldridge v. South Tippah County School District, 2023-CA-00418-COA (Civil – Personal Injury) Affirming summary judgment in favor of a high school in a personal injury case, holding that there was no evidence that the school breached any duty that proximately caused student’s injuries sustained in a locker room fight. (6-3: McDonald concurred in part and dissented in part without writing; Carlton dissented, joined by Westbrooks, and joined in part by McDonald)
Galang v. State, 2023-KA-00006-COA (Criminal – Felony) Affirming conviction of sexual battery, holding that the trial court did not abuse its discretion in excluding videos from past sexual activity between the defendant and the victim or and that excluding a defense witness’s testimony for which no proffer was made was at most harmless error. (9-0)
Connor v. State, 2022-KA-01288-COA (Criminal – Felony) Affirming conviction of first-degree murder, holding that the verdict was not against the overwhelming weight of the evidence. (9-0)
Howell v. State, 2023-KM-00265-COA (Criminal – Misdemeanor) consolidated with 2023-KM-00270 (Criminal – Misdemeanor) Affirming convictions of speeding and driving without a tag, holding that the evidence was sufficient and that the trial court did not abuse its discretion in not accepting the defendant’s father as an expert in the field of radar technology. (8-1-0: Westbrooks concurred in result only without separate written opinion)
Note – Here is the trial court’s voir dire of the defendant’s father:
Trevino v. State, 2022-KA-01292-COA (Criminal – Felony) Affirming conviction of aggravated assault and felon in possession of a weapon but reversing conviction of theft of a motor vehicle with a value of more than $5,000 and $25,000, holding that the State failed to offer any evidence of the stolen truck’s value (an error the State confessed) and rendering since the State did not argue for remand and resentencing for any lesser-included offense. (9-0)
Brown v. State, 2023-KA-00299-COA (Criminal – Felony) Affirming conviction of possession of a firearm by a felon, holding that section 97-37-5 does not violate the Second Amendment since the Mississippi Supreme Court has already said so. (9-0)
Wiggs v. Boykin, 2023-CA-00496-COA (Civil – Real Property) Affirming order of partition and award of an equitable adjustment resulting from the partition, holding that the defendant waived his argument that the petitioner failed to provide sufficient deraignments by not filing a Rule 12(e) motion for a more definite statement, that the chancellor’s determination of the amount of owelty was supported by substantial credible evidence, and that the chancellor did not abuse his discretion in denying the motion for new trial. (9-0)
Richardson v. Estate of Richardson, 2023-CA-00650-COA (Civil – Real Property) Affirming the chancellor’s grant of summary judgment for the Estate in a petition to confirm title and expunging liens from the county’s records, holding that the court of appeals’ prior mandate did not create a debtor-creditor relationship between the decedent and the petitioner and that there is no evidence of an enrolled money judgment that would provide the basis for the liens on the decedent’s property. (9-0)
Other Orders
Collins v. Collins, 2022-CA-00903-COA (denying rehearing)
McLellan v. McLellan, 2022-CA-01006-COA (denying rehearing)
Lee v. City of Pascagoula, 2022-CA-01190-COA (denying rehearing)
Suarez v. State, 2023-KA-00526-COA (denying rehearing)
The Mississippi Court of Appeals handed down six opinions today. The court affirmed in two direct criminal appeals but reversed, dismissed, or vacated in each of the remaining cases. Those four consist of a divorce, a real property conveyance, a mechanic lien against real property, and a misdemeanor.
Osing v. Osing, 2022-CA-00755-COA (Civil – Domestic Relations) Affirming in part and reversing in part the chancellor’s judgment in a divorce proceeding, holding that the chancellor did not err in denying the husband’s motion to withdraw consent to the irreconcilable-differences divorce, but reversing the chancellor’s division of the marital estate for failure to make sufficient factual findings and, as a result, reversed the chancellor’s award of alimony and a minor child’s college and health-insurance coverage pending reconsideration of the division of the marital estate. (7-1-0: Wilson concurred in part and in the result without separate written opinion; Lawrence did not participate)
Campbell v. State, 2022-KA-01055-COA (Criminal – Felony) Affirming conviction of burglary of a dwelling, holding that there was sufficient evidence supporting the verdict and that the verdict was not against the overwhelming weight of the evidence, that the trial court did not err by referencing the grand jury proceedings, that there was no Brady violation regarding lost fingerprints, and that the trial court did not err in overruling a Batson challenge. (8-0: Smith did not participate)
Alexander v. Espinoza, 2023-CP-01139-COA (Civil – Real Property) Dismissing the appeal of a chancellor’s order denying declaratory relief, holding that the chancellor’s order was not a final judgment because it did not resolve all claims against all parties, and it did not contain 54(b) certification language. (9-0)
In the Matter of the Estate of Johnson: Manners v. Estate of Johnson, 2023-CA-00823-COA (Civil – Wills, Trusts, & Estates) Reversing the chancellor’s decision denying a claim to enforce rights under a document by which a decedent had intended to convey an interest in real property, holding that the document was a valid conveyance of an interest in the property and remanded for necessary parties to be joined and for further proceedings consistent with the opinions. (9-0)
Carpenter v. State, 2023-KA-00580-COA (Criminal – Felony) Affirming conviction of two counts of child exploitation, holding that section 97-5-33(8) of Mississippi’s child exploitation statute is not unconstitutional for overbreadth or for supporting entrapment and holding that the verdict was supported by sufficient evidence. (9-0)
NOTE – Here is the court’s description of section Miss. Code Ann. § 97-5-33(8):
Holt v. State, 2023-KM-00121-COA (Criminal – Misdemeanor) Vacating and remanding dismissal of an appeal to the circuit court from a conviction of simple domestic assault originating in municipal court, holding that the circuit court erred by dismissing the appeal for failure to file a brief without giving notice of the deficiency and an opportunity to cure and that the record was insufficient to determine whether the circuit court had jurisdiction for want of posting a cost bond. (7-1-0: Carlton concurred in result only without writing; Smith did not participate)
Bradford v. State, 2022-KA-00493-COA (denying rehearing)
Hutson v. Hutson, 2022-CT-00569-COA (dismissing motion for appellate attorney’s fees)
Taylor v. Johnson, 2022-CA-00734-COA (denying rehearing)
Brown v. Black, 2022-CA-00869-COA (denying rehearing)
Roley v. Roley, 2022-CP-01104-COA (denying rehearing)
Winstead v. State, 2022-KA-01235-COA (denying rehearing)
Smith v. State, 2023-KA-00185-COA (denying rehearing)
Magyar v. Shiers, 2023-CA-00682-COA (denying motion to dismiss appeal)
Brown v. State, 2024-TS-00741-COA (granting motion to proceed out of time)
The Mississippi Court of Appeals handed down six opinions today. Four are direct criminal appeals, one is an attorney’s fees dispute in a property-line encroachment case, and the other is a PCR case.
Perkins v. State, 2023-KA-00874-COA (Criminal – Felony) Affirming conviction of felon in possession of a firearm, holding that the verdict was supported by sufficient evidence and not against the overwhelming weight of it and that the trial court did not abuse it discretion in admitting the defendant’s unredacted prior felony conviction, in denying a motion for mistrial based on a statement heard on bodycam video during the portion of that video that the State had agreed to mute, or in limiting the defendant’s cross-exam regarding police department policies. (7-1-1: Westbrooks concurred in result only; McDonald dissented without writing)
Corr Properties, LLC v. Proctor, 2023-CA-00782-COA (Civil – Other) Affirming the chancellor’s award of attorney’s fees after resolving a property-line encroachment dispute, holding that the chancellor did not err in granting one party’s request and denying the other party’s request where the chancellor made specific findings and his decision was supported by substantial evidence in the record. (9-0)
Johnson v. State, 2022-KA-00665-COA (Criminal – Felony) Affirming conviction of murder, holding that the trial court did not err by not objecting sua sponte to improper remarks by the State during closing argument that the defendant did not object to, that the defendant’s right to a speedy trial was not violated, that the trial court did not abuse its discretion in admitting a map, in admitting a thumbdrive with materials from the defendant’s Facebook page, that the lack of error precluded reversal based on cumulative error, and that the verdict was supported by sufficient evidence and not against the overwhelming weight of it, and declining to address ineffective-assistance-of-counsel claims on direct appeal. (9-0)
Carroll v. State, 2023-CP-00688-COA (Civil – PCR) Affirming the trial court’s denial of a PCR motion, holding that the indictment for burglary of a dwelling was not defective for listing the incorrect owner of said dwelling. (9-0)
Alexander v. State, 2022-KA-00977-COA (Criminal – Felony) Affirming conviction of touching of a child for lustful purposes, holding that the State made improper “golden rule” arguments during closing but that it was harmless in the context of the evidence supporting the conviction, that the trial court did not abuse its discretion denying the defendant’s for-cause challenge to a juror, that the trial court did not abuse its discretion in denying the defendant’s simple assault instruction, and that the single harmless error regarding golden-rule arguments did not amount to cumulative error. (4-4-0: Barnes, Wilson, and Emfinger concurred in part and in the result without writing; Lawrence concurred in result only without writing; Smith did not participate)
Simmons v. State, 2023-KA-00130-COA (Criminal – Felony) Affirming conviction of capital murder for killing someone during the commission of a burglary, holding that the evidence was sufficient to support the conviction, the verdict was not against the overwhelming weight of the evidence, the trial court did not err by admitting gruesome autopsy photos, and the trial court did not err by refusing the defendant’s proposed reasonable-doubt instructions. (7-2: McDonald dissented without writing; Westbrooks dissented, joined by McDonald)
Other Orders
Weaver v. Ross, 2022-CA-00426-COA (denying rehearing)
The City of Pascagoula v. Cumbest, 2022-CA-00745-COA (denying rehearing)
Nettles v. Nettles, 2023-CA-00041-COA (denying rehearing)
The Mississippi Court of Appeals handed down eleven opinions yesterday. There are several direct criminal appeal, a couple of wills and estates cases, a personal injury case dismissed for want of prosecution, and an insurance coverage case. There is also a handful of PCR cases including one denial that was reversed and another denial that was vacated because the judge was disqualified.
Brown v. State, 2023-KA-00082-COA (Criminal – Felony) Affirming conviction of three counts of touching a child for lustful purposes and four counts of sexual battery, holding that the trial court did abuse its discretion in excluding the defendant’s mothers testimony that the victim had asked about what the repercussions would be if she lied and holding, that the indictment was legally sufficient, that the conviction was supported by sufficient evidence, and that there was no plain error affecting the defendant’s substantial rights. (6-2-0: Wilson and Westbrooks concurred in result only without writing.)
Wren v. Zellers, 2023-CA-00152-COA (Civil – Personal Injury) Affirming dismissal for want of prosecution, holding that the circuit court did not abuse its discretion where there was a clear record of delay over the course of four years. (5-3-0: Wilson concurred in part and in the result without writing; Westbrooks and McDonald concurred in result only without writing; Smith did not participate)
Gibson v. State, 2023-KA-00821-COA (Criminal – Felony) Affirming conviction of possession of a controlled substance, holding that upon review of counsel’s Lindsey brief and the record that there were no issues that warranted reversal. (9-0)
Grayson v. State, 2023-KA-00400-COA (Criminal – Felony) Affirming conviction of aggravated assault, holding that after reviewing counsel’s Lindsey breif and the record that there were no arguable issues that required supplemental briefing and affirming the trial court. (9-0)
Bradley v. State, 2023-CP-00763-COA (Civil – PCR) Affirming denial of PCR motion, holding that the trial court did not err in denying the motion as successive. (8-1-0: Wilson concurred in part and in the result without separate written opinion)
In re the Estate of Warren, 2023-CA-00438-COA (Civil – Wills, Trusts & Estates) Affirming the chancellor’s decision after bench trial in a will contest and contest over inter vivos transfers, holding that the chancellor did not commit clear error in finding no confidential relationship, finding no evidence of undue influence, and finding that the testator had the requisite mental competence and testamentary capacity when he made the inter vivos transfers and executed his will, and granting a motion to strike an exhibit in the record excerpts that was not included in the lower court record. (7-2-0: Westbrooks and McDonald concurred in result only without writing)
Clark v. Alfa Ins. Co., 2022-CA-01251-COA (Civil – Insurance) Affirming the trial court’s grant of declaratory and summary judgment in favor of an insurer, holding that the agricultural enterprise exclusion in the homeowner’s policy at issue applied to the plaintiffs’ claim against the insured after the plaintiffs’ vehicle collided with the insured’s cattle. (9-0)
Brown v. State, 2023-CP-00171-COA (Civil – PCR) Affirming denial of motion for PCR seeking to set aside a guilty plea, holding that the motion was time barred. (9-0)
Norman v. State, 2023-CP-00296-COA (Civil – PCR) Reversing denial of PCR motions, holding that the circuit court erred by not considering whether the motion was timely under the UPCCRA and remanding for that purpose. (5-4: Emfinger dissented, joined by Carlton, Wilson, and Smith)
Price v. State, 2023-CA-00941-COA (Civil – PCR) Vacating and remanding the dismissal of a PCR motion, holding that the circuit judge who denied the PCR motion was disqualified because she was the district attorney when the petitioner entered his guilty plea. (9-0)
In the Matter of the Estate of Staten, 2023-CP-00228-COA (Civil – Wills, Trusts & Estates) Affirming the chancery court’s denial of a motion to set aside a prior denial of a prior request to reopen an estate, holding that the appellant had waived her right to appeal issues that had been previously litigated and that the trial court did not abuse its discretion denying motions to set aside/reconsider. (8-0: Smith did not participate.)
Other Orders
Jordan v. State, 2022-CP-00874-COA (denying rehearing)
Frazier v. State, 2022-KA-00896-COA (dismissing untimely motion for rehearing)
The Avion Group, Inc. v. The City of Oxford, 2023-CA-00169-COA (denying rehearing)
Weaver v. State, 2024-TS-00438-COA (dismissing utimely appeal)
The annual July hiatus is over and the Mississippi Court of Appeals is back today with nine opinions. There are four direct criminal appeals, including one reversal of a murder conviction. There are three real property cases, one involving a partition, one an administrative condemnation decision, and the other a landowner’s right to keep horses on her property within city limits. There is also a custody modification decision and a PCR decision.(If you notice a missing tenth judge on these cases, Judge Greenlee’s retirement from the court was effective July 1, 2024.)
JDB Rentals, LLC v. City of Verona, 2023-CA-00431-COA (Civil – Real Property) Reversing the circuit court’s decision affirming the board of aldermen decision administratively condemning three of rental properties, holding that the exclusionary rule prohibited consideration of evidence the code-enforcement officer obtained incident to an unconstitutional search of property. (8-1-0: Carlton concurred in result only without writing)
Davis v. State, 2023-KA-00636-COA (Criminal – Felony) Affirming conviction of first-degree murder and shooting into a motor vehicle, holding that the trial court did not err by not striking four potential jurors because none of the four was seated on the jury. (8-1-0: McDonald concurred in the result only without writing)
Shanks v. State, 2023-CP-00271-COA (Civil – PCR) Affirming denial of PCR motion seeking relief from a 2003 guilty plea, holding that the claims were not subject to any exception and did not involved the parole board. (9-0)
Wade v. Simmons Erosion Control, Inc., 2023-CA-00733-COA (Civil – Real Property) Affirming the chancery court’s decision dividing a large tract of land between two landowners, holding that the chancellor did not commit manifest error by accepting and approving a special master’s report and choosing one of the partition options presented by the special master. (9-0)
Sinquefield v. The City of Ridgeland, 2022-CA-01276-COA (Civil – Real Property) Reversing the circuit court’s decision that affirmed the City’s unanimous (no nays) decision that a landowner lacked the requisite acreage to maintain two horses on her property, holding that the City had to be reined in because its interpretation of the ordinance was not based on substantial evidence and was arbitrary and capricious where the owner had ponied up and acquired possessory interest in adjacent tracts. (6-1-0: McCarty concurred in part and in the result without trotting out a written opinion; Barnes and Emfinger did not participate)
Herrington v. State, 2022-KA-00691-COA (Criminal – Felony) Affirming conviction of aggravated assault, holding that after reviewing counsel’s Lindsey brief and the record that there were no issues that warranted reversal. (8-0: Lawrence did not participate)
Littleton v. State, 2023-KA-00239-COA (Criminal – Felony) Reversing the conviction of first-degree murder, holding that the circuit court erred in admitting a recorded statement of a witness where the witness was not called giving the defendant no opportunity to cross-examine the witness in violation of the Confrontation Clause, that the admission of the statement was not harmless error, and that the trial court abused its discretion in refusing to give the proposed defense instruction stating the jury’s duty to acquit should it find that the defendant acted in necessary self-defense. (6-3-0: Lawrence and Emfinger concurred in part and in the result without writing; Wilson concurred in result only without writing)
NOTE – Here is a summary of the court’s holding that the admission of the statement was error from paragraph 42 of the opinion:
Wells v. State, 2022-KA-00707-COA (Criminal – Felony) Affirming conviction of conspiracy to commit murder and first-degree murder, holding that the verdict was not against the overwhelming weight of the evidence. (9-0)
May v. Brown, 2023-CA-00624-COA (Civil – Custody) Affirming the chancery court’s child-custody modification order, holding that substantial evidence supported the modification giving the father primary care, control, and custody of the minor. (8-1: Westbrooks concurred in result only without writing)
Other Orders
Estate of Green v. Michini, 2022-CA-00365-COA (denying motions for rehearing)
Rambo v. Kelly Natural Gas Pipelines, LLC, 2023-WC-00402-COA (denying rehearing)
The Mississippi Court of Appeals handed down six opinions today. Five were direct appeals of felony convictions. The sixth opinion is a constructive trust case.
Longs v. State, 2022-KA-00750-COA (Criminal – Felony) Affirming bench trial convictions of manslaughter and simple assault, holding that the defendant had been properly questioned by the trial court about waiving her right to a jury trial and that her waiver was knowing, intelligent, and voluntary. (9-0: Smith did not participate.)
Williams v. Williams, 2023-CA-00360-COA (Civil – Wills, Trusts & Estates) Affirming the chancery court’s dismissal of a petition for constructive trust regarding real property owned by the petitioner’s mother who allowed the petitioner to live there rent-free in exchange for assistance with repairs and upkeep, holding that the petitioner failed to prove a confidential relationship or, alternatively, an abuse of such a relationship and holding that the chancellor did not err in refusing to impose a constructive trust based on equity and good conscience. (9-1-0: Barnes concurred in part and in the result without writing.)
Jackson v. State, 2023-KA-00224-COA (Criminal – Felony) Affirming conviction of shooting into a motor vehicle, holding that after a review of counsel’s Lindsey brief and the record, that there were no issues warranting reversal. (10-0)
Baucom v. State, 2023-KA-00516-COA (Criminal – Felony) Affirming conviction of one count of sexual battery and two counts of fondling, holding that the evidence was sufficient to support the convictions and, specifically, that the criminal conduct in this case was sufficiently near the charged time from to sustain the conviction. (10-0)
Page v. State, 2023-KA-01078-COA (Criminal – Felony) Affirming conviction of rape, sexual battery, and burglary of a dwelling, holding that the trial court did not err in admitting evidence of two prior bad acts to prove identity and explain how the defendant became a suspect where a limiting instruction was also given. (10-0)
Black v. State, 2022-KA-01223-COA (Criminal – Felony) Affirming conviction of four types of drugs with intent to distribute, holding that the trial court did not abuse its discretion in admitting the defendant’s statement to police or in allowing a witness to be recalled to testify to the defendant’s inculpatory statement, and holding that the evidence was sufficient to prove intent to distribute. (8-2: McDonald dissented without writing; Westbrooks dissented, joined by McDonald.)
Other Orders
Wilbourn v. Wilbourn, 2018-CA-01653-COA (denying rehearing)
White v. White, 2022-CP-00823-COA (denying rehearing)
Toney v. State, 2023-CP-00151-COA (denying rehearing)
Mississippi Appeals Blog 