The Mississippi Supreme Court handed down just one opinion today. It is a youth court custody case involving adjudication of neglect and reunification efforts.
R.W. v. Mississippi Department of Child Protection Services, 2023-CP-00543-SCT (Civil – Custody) Affirming the youth court’s adjudication that twins were neglected and ruling that CPS was allowed to bypass reasonable reunification efforts, holding that the youth court had subject matter jurisdiction and personal jurisdiction, that venue was proper, that adjudication of neglect was supported by sufficient evidence where the twins and the mother tested positive for amphetamines shortly at birth, and that the decision to bypass reasonable efforts to reunify was supported by sufficient evidence where the parents’ parental rights had been involuntarily terminated for at least one other sibling and the father had been convicted of attempted sexual assault of a child and had failed to register. (9-0)
Other Orders
Carroll v. State, 2021-CT-00959-SCT (dismissing cert petition as untimely)
In Re: Judicial Election Oversight Committee, 2021-M-01306-SCT (reappointing LaToya T. Jeter and James L. Weir, Jr. and appointing Thomas L. Carpenter as members of the Judicial Election Oversight Committee for new four-year terms)
Smith v. State, 2023-CT-00185-SCT (denying cert)
Rambo v. Kelly Natural Gas Pipelines, LLC, 2023-CT-00402-SCT (denying cert)
The Mississippi Court of Appeals handed down eight opinions today. There are four direct criminal appeals, a workers’ comp case, a civil asset forfeiture case, a real property case regarding a short-term rental, and an attorney fee claim against an estate.
Body v. State, 2023-KA-00495-COA (Criminal – Felony) Affirming conviction of statutory rape, holding that the trial court did not abuse its discretion refusing the defendant’s alibi instructions where the “alibi defense was nothing more than attempt to cloak his simple denial of the crime charged.” (8-1-0: Wilson concurred in part and in the result without writing)
Lepard v. State, 2022-KA-01159-COA (Criminal – Felony) Affirming conviction of fondling, holding that the trial court did not abuse its discretion in instructing the jury on the elements of the offense and that the indictment was not defective and included all the essential elements. (9-0)
In the Matter of the Estate of Stimley: Morton Law Firm, PLLC v. Merchant, 2023-CA-00940-COA (Civil – Contract) Reversing the chancery court’s award of attorney’s fees and expenses payable by the estate, holding that the record did not show a consideration of the McKee factors and remanding for further proceedings. (8-1-0: Carlton did not participate)
Chung v. State, 2023-CA-00362-COA (Civil – Other) Reversing the circuit court’s decision in a civil asset forfeiture after a bench trial, holding that the owner gave plausible explanations for having the cash and that the State presented insufficient evidence to demonstrate a connection between the owner and drug activity. (5-4: Wilson dissented, joined by Carlton, Lawrence, and Emfinger)
Norton v. State, 2023-KA-00475-COA (Criminal – Felony) Affirming conviction of possession of meth and possession of a firearm by a felon, declining to address the lone issue of ineffective assistance of counsel on direct appeal and leaving it to be pursued through a PCR motion. (8-1-0: Emfinger concurred in result only without writing)
Arnold v. State, 2023-KA-00519-COA (Criminal – Felony) Affirming conviction of three counts of sexual battery, holding that the trial court did not allow improper character evidence from two witnesses that testified the defendant made advances or abused them as children because that testimony showed proof of motive and established a common plan or scheme and holding that there was no merit to the defendant’s claim of prosecutorial misconduct. (8-0: Smith did not participate)
City of Biloxi v. McDonald, 2023-CA-00777-COA (Civil – Real Property) Affirming the circuit court’s judgment which reversed the City Council’s decision denying property owners’ application seeking a conditional-use permit for a short-term rental, holding that the Council’s decision was “the epitome of arbitrary and capricious” where the adjacent property on the same parcel of land had been approved and the owners had spent $70,000 on improvements to address neighbors’ expressed concerns. (6-2: Carlton dissented, joined by Wilson and Lawrence)
Doukas v. Kiln Self Storage, 2023-WC-01195-COA (Civil – Workers’ Comp) Affirming a finding that the claimant was not entitled to indemnity benefits for her left left leg and that the injury to her right leg did not render her permanent and totally disabled, holding that the Commission’s decision was supported by substantial evidence. (5-4: Lawrence dissented, joined by Westbrooks, McDonald, and Smith; McDonald also noted a separate dissent without writing)
Other Orders
White v. The Home Depot, 2022-WC-00894-COA (denying rehearing)
Frazier v. State, 20222-CT-00896 (denying pro se motion to recall mandate)
Brown v. State, 2023-CP-00171-COA (denying untimely pro se motion for additional time to file motion for rehearing and request for appointed counsel)
Haley v. Brewer, 2023-SA-00571-COA (denying rehearing)
Fortner v. Bratcher, 2023-CP-00663-COA (granting appelle’s motion for appellate attorney’s fees)
Thornhill v. Thornhill, 2023-CA-00714-COA (denying appellee’s motion to dismiss the appeal and granting appellee’s request for additional time to file a responsive brief)
Quilantan v. State, 2024-CP-00357-COA (granting pro se motion to reinstate appeal)
Johnson v. State, 2024-TS-00650-COA (remanding appellant’s motion for leave to proceed in forma pauperis)
Riley v. State, 2024-TS-00833-COA (dismissing appeal for lack of appealable judgment)
The Mississippi Supreme Court handed down just four orders today. In the words of the old store clerk in Raising Arizona, “It’s self-contained and fairly explanatory.”
In Re: Rules Governing Admission to The Mississippi Bar, 89-R-99012-SCT (reappointing J. William Manuel, Michael C. McCabe, Jr., and Walter Alan Davis to three-year terms as members of the Mississippi Board of Bar Admissions)
Daly v. Raines, 2022-CT-00600-SCT (denying cert)
Jordan v. State, 2022-DR-01243-SCT (denying successor petition for post-conviction relief)
The City of Jackson v. Jones, 2023-IA-00394-SCT (denying rehearing)
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 Supreme Court handed down one opinion today. At least we can all get more work done this afternoon.
Wells v. State, 2023-KA-00670-SCT (Criminal – Felony) Affirming convictions of shooting into an occupied dwelling and possession of a firearm by a felon and sentence as a nonviolent habitual offender, holding that the defendant’s stipulation that he was a convicted felon satisfied the State’s burden of proof of that element. (9-0)
Other Orders
Allen v. State, 2022-CT-00419-SCT (granting cert)
Jordan v. State, 2022-CT-00874-SCT (denying cert)
Manning v. State, 2023-DR-01076-SCT (denying leave to proceed in the circuit court with claim of newly discovered evidence)
Kasai North American, Inc. v. Riverside Abstract, LLC, 2024-IA-00363-SCT (granting interloc)
Ten D Enterprises, Inc. v. Lagan, 2024-M-00653-SCT (denying interloc)
NCAA v. Rebel Rags, LLC, 2024-M-00752-SCT (denying interloc and request for stay)
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)
I have fallen behind on my summaries. Fortunately for me, this has not been a particularly prolific stretch for the Mississippi Supreme Court. Summaries from the last four weeks are below.
August 22, 2024
No Opinions
August 29, 2024
Chatman v. State, 2023-KA-00583-SCT (Criminal – Felony) Reversing conviction of two counts of sexual battery, holding that there was uncertainty as to the unanimity of the jury’s verdict as to the sexual-battery counts but that there was no such uncertainty as to the lesser-included offense of gratification of lust for each count, and remanded for new trial on sexual-battery charges or resentencing on the lesser-included counts. (8-0: Randolph did not participate)
McClain v. State, 2023-KA-01189-SCT (Criminal – Felony) Affirming conviction of possession of a firearm by a convicted felony, holding that there were no issues warranting reversal based on review of counsel’s Lindsey brief and the record. (9-0)
September 5, 2024
Johnson v. State, 2023-CA-00117-SCT (Criminal – PCR) Affirming the trial court’s decision that the defendant should remain parole ineligible after Miller hearing, holding the defendant was not entitled to jury sentencing under section 97-3-21(2) because he was convicted before July 1, 2024, and that the application of the parole-ineligibility statute to the defendant’s life sentence was not unconstitutional. (6-3-0: Coleman concurred in part and in the result, joined by Kitchens and King)
September 12, 2024
Archie v. Smith, 2023-EC-01149-SCT (Civil – Election Contest) Vacating judgment on petition for judicial review of an election contest, holding that the circuit court did not consider sufficient evidence to determine whether the circuit clerk’s office was open or closed on the due date which, in turn, determined whether the petition was timely. (8-0: Kitchens did not participate)
Fluker v. State, 2022-CT-00692-SCT (Criminal – Felony) Reversing conviction of conspiracy to commit aggravated assault, holding that the trial court erred in denying the defendant’s request to instruct the jury on the lesser-included offense of conspiracy to commit simple assault. (8-0: Randolph did not participate)
Other Orders
August 22, 2024
Patrick v. Patrick, 2021-CT-00891-SCT (denying cert)
MDHS v. Johnson, 2022-CT-00605-SCT (granting cert)
Thoden v. Hallford, 2022-CA-00835-SCT (denying rehearing)
Smith v. State, 2022-CT_00852-SCT (denying cert)
Boyett v. State, 2022-CT-01239-SCT (denying cert)
McNinch v. Brandon Nursing & Rehabilitation Center, L.L.C., 2023-CA-00050-SCT (denying rehearing)
Gleason v. State, 2023-CT-00357-SCT (denying cert)
Pryer v. State, 2023-M-01230-SCT (denying motion to reconsider)
August 29, 2024
Ronk v. State, 2021-DR-00269-SCT (denying motion to stay mandate pending cert)
Arnold v. State, 2021-CT-01426 (denying cert)
Rutland v. Regions Bank, 2022-CT-00720 (denying cert)
Malone v. State, 2022-CT-00958-SCT (denying cert)
Minor v. State, 2022-CT-00990-SCT (granting cert)
The Mississippi Bar v. Rogers, 2024-BD-00215-SCT (granting the Bar’s motion for reimbursement of costs and expenses)
September 5, 2024
Wilson v. State, 2017-M-00230 (denying pro se application for leave to proceed in the trial court, finding the filing frivolous, and warning that future frivolous filings may result in sanctions)
Cage v. State, 2017-M-01498 (denying pro se application for leave to proceed in the trial court, finding the filing frivolous, and warning that future frivolous filings may result in sanctions)
Clarksdale Public Utilities Commission v. Mississippi Department of Employment Security, 2022-CT-01085-SCT (denying cert petition as untimely)
September 12, 2024
Marshall v. State, 2022-CT-00541-SCT (denying cert)
M.H. v. L.R., 2022-CA-00922-SCT (denying motion to substitute, motion to expedite consideration, and motion to dismiss the appeal as moot, and vacating judgment terminating parental rights)
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)
Mississippi Appeals Blog 