Category: Hand Down Summaries

Mississippi Supreme Court Decisions of August 15, 2024

The Mississippi Supreme Court handed down four opinions today. There is one direct criminal appeal, one wrongful termination case, an adoption, and a pro se PCR win.

Bradford v. State, 2023-KA-00595-SCT (Criminal – Felony)
Affirming conviction of armed robbery, finding no error after reviewing counsel’s Lindsey brief and the record.
(9-0)

Public Service Commission of Yazoo City v. Wright, 2023-IA-00020-SCT (Civil – State Boards and Prisons)
Reversing the trial court’s denial of the PSC’s motion for summary judgment in a suit alleging wrongful termination in retaliation for refusing to participate in an illegal activity, holding on interlocutory appeal that the plaintiff failed to identify any act on the part of her supervisor that warranted the imposition of criminal penalties.
(9-0)

In the Matter of the Adoption of D.A.S., a Minor: B.B. v. K.P., 2023-CA-00381-SCT (Civil – Adoption)
Affirming denial of a petition to set aside an adoption based on alleged fraudulent misrepresentations that the adoption would be “open,” holding that the petition was untimely because it was filed more than six months after the entry of the adoption decree.
(9-0)

Practice Point – Though the petition to set aside the adoption was dismissed as untimely, it was interesting that an issue in the case was notary lines that were inconsistent with the body of the adoption petition. The petitioner was seeking to have the adoption set aside based on claims of fraudulent misrepresentations that the adoption would be “open.” The body of the initial and amended petitions for adoption did not reference an “open” adoption, but the notary lines read:


A good reminder to beware of those copy-paste portions of pleadings.

Love v. State, 2021-CT-01101-SCT (Civil – PCR)
Reversing the circuit court for dismissing the petitioner’s voluntariness claim without evidentiary hearing and the Court of Appeals for affirming that dismissal, holding that the circuit court committed plain error during the plea colloquy by incorrectly stating the minimum penalty on each count to which the petitioner was pleading, that the the petitioner was not properly informed he would be sentenced as a habitual offender resulting in a blatant injustice, that the State did not establish a factual basis to support the habitual offender portion of the indictment by failing to mention the prior felony convictions, and that issues related to the petitioner’s request to withdraw his plea and his ineffective assistance claim were procedurally barred.
(9-0)

Other Orders

  • Hills v. Manns, 2022-CT-00774-SCT (denying cert)
  • Boyett v. Cain, 2022-CT-00978-SCT (granting pro se cert petition)
  • Jones v. Mississippi Department of Child Protection Services, 2022-SA-01234-SCT (denying rehearing)

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Mississippi Court of Appeals Decisions of August 13, 2024

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)

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Mississippi Supreme Court Decisions of August 8, 2024

The Mississippi Supreme Court handed down two opinions today. One is a direct criminal appeal addressing, among other things, an indecent technical difficulty during a witness examination via Zoom. The other is a decidedly less salacious civil case applying the MTCA’s presuit notice requirement.

Williams v. State, 2022-KA-01017-SCT (Criminal – Felony)
Affirming conviction of first-degree murder, holding that the conviction was not against the overwhelming weight of the evidence and that the trial court did not err by denying motions for mistrial after an outburst from the victim’s mother or after an technological error caused an explicit video to be played in the courtroom during a voir dire qualification examination of an expert via Zoom where the trial court took corrective action after each incident.
(9-0)

Note – Zoom proceedings took a massive “L” in this one.

The City of Jackson v. Jones, 2023-IA-00394-SCT (Civil – Personal Injury)
Reversing the denial of the City’s motion for summary judgment in an MTCA claim, holding that the plaintiff did not comply with section 11-46-11(2) by failing to serve the city clerk with presuit notice.
(8-0)

Other Orders

  • In Re: Uniform Chancery Court Rules, 89-R-99006-SCT (dismissing Motion to Amend the Uniform Rules of Chancery Court Practice to Add a New Rule Requiring Attorneys Representing Out-of-State Petitioners in Adoption Proceedings to Certify Compliance With Statutes Enacted to Prevent Commercialization of Adoptions filed by the Mississippi Department of Child Protection Services)
  • Brandi’s Hope Community Services, LLC v. Walters, 2022-CT-00188-SCT (denying rehearing)
  • Moore v. State, 2022-CT-00327-SCT (denying cert)
  • Silver Dollar Sales, Inc. v. Battah, 2022-CT-00476-SCVT (denying cert)
  • Harris v. Ratcliff, 2022-CT-00596-SCT (denying cert)
  • Edwards v. State, 2022-CT-00719-SCT (denying extension request and dismissing cert petition as untimely)
  • Clark v. State, 2022-DR-00829-SCT (denying Motion for Leave to Interview Members of the Venire Who Did Not Serve on the Petit Jury)
  • Frazier v. State, 2022-CT-00896-SCT (dismissing cert petition as untimely)
  • EEECHO Inc. v. Mississippi Environmental Quality Permit Board, 2022-CT-01068-SCT (denying cert)
  • Harvey v. State, 2023-CT-00157-SCT (denying cert)
  • Clark v. State,  2024-M-00201-SCT (denying Petition for Permission to Appeal Circuit Court’s Order Denying Petitioner’s Motion for Discovery)

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Mississippi Court of Appeals Decisions of August 6, 2024

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)

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Mississippi Supreme Court Decisions of August 1, 2024

The Mississippi Supreme Court handed down one opinion today in a direct criminal appeal. There are several noteworthy orders including an order suspending a lawyer from practice and an order adopting the Mississippi Collaborative Law Rules.

Williams v. State, 2023-KA-00153-SCT (Criminal – Felony)
Affirming denial of defendant’s motion for new trial after he was convicted of sexual battery, holding that conflicting testimony did not prove that the verdict was against the overwhelming weight of the evidence.
(9-0)

Other Orders

  • In Re: Rules for Collaborative Law, 89-R-99044-SCT (En banc order granting the Mississippi Bar’s Petition to Create Rules for Collaborative Law and adopting the Mississippi Collaborative Law Rules) (Note – I suppose these rules will join twenty-three other sets of rules under the MS Rules of Court.)
  • The Mississippi Bar v. Rogers, 2024-BD-00215-SCT (suspending respondent from the practice of law)
  • Smith v. Ford, 2022-CT-00255-SCT (denying cert)
  • Fluker v. State, 2022-CT-00692-SCT (granting cert)
  • Barefield v. Barefield, 2022-CT-00834-SCT (denying cert)
  • Quinn v. State, 2022-CT-00962-SCT (granting cert)
  • Hunter v. State, 2022-CT-01269-SCT (dismissing cert petition as untimely)
  • In Re: Administrative Orders of the Supreme Court of Mississippi, 2024-AD-00001-SCT (directing the disbursement of $176,989.51 in civil legal assistance funds among the MS Center for Legal Services, MS Volunteer Lawyers Project, and North MS Rural Legal Services)

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Mississippi Supreme Court Decisions of July 25, 2024

The Mississippi Supreme Court handed down just one opinion today in a direct criminal appeal. Since I had a 1:30 p.m. hearing today, I welcome the reprieve from volume.

Sheely v. State, 2023-KA-00493-SCT (Criminal – Felony)
Affirming conviction of possession of more than 0.1 gram but less than 2 grams of meth, holding that the evidence was sufficient to support the verdict and that the trial court did not abuse its discretion in denying the defendant’s proposed broken chain of custody instruction because the defendant did not overcome the presumption of regularity.
(9-0)

Other Orders

  • Hutto v. State, 2017-DR-01207-SCT (denying motion for leave to file successive petition for PCR)
  • Harper v. State, 2022-CT-00659-SCT (denying cert)

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Mississippi Court of Appeals Decisions of July 23, 2024

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)

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Mississippi Supreme Court Decisions of July 18, 2024

The Mississippi Supreme Court handed down three opinions today. There are two direct criminal appeals (one of which resulted in reversal) and one convoluted civil case stemming from business dealings related to a mixed-use development.

Jones v. State, 2022-KA-01173-SCT (Criminal – Felony)
Affirming conviction of murder, holding that the defendant was not denied a fair and impartial trial by the State’s reference to other bad acts in its opening statement and that the verdict was not against the overwhelming weight of the evidence.
(9-0)

Walker v. State, 2023-KA-00467-SCT (Criminal – Felony)
Reversing conviction of knowlingly possessing methamphetamine with a firearm enhancement, holding that the State failed to present sufficient, competent evidence connecting the defendant to the meth to establish constructive possession where there was another passenger in the vehicle the defendant was driving and the meth was found between the driver’s seat and the center console.
(8-1: Randolph dissented)

NOTE – Here is some of the key rationale:

Landrum v. Livingston Holdings, LLC, 2022-CA-00498-SCT (Civil – Other)
Affirming in part and reversing in part on direct and cross-appeal in a dispute arising out of business agreements related to a mixed-use development, holding that the chancellor did not err in finding that one litigant did not have derivative standing on behalf of an LLC; that the chancellor did not err in denying a Rule 52(a) request for findings of fact and conclusions of law; that the chancellor did not err in denying a Rule 54(b) motion for final judgment; that the chancellor erred in finding no fiduciary duty existed between to entities but did not err in such a find as to others; that several issues were waived for failure to cite authority in briefing; that the chancellor did not err in excluding expert testimony; that the chancellor erred in dismissing the breach of contract claim; and that the chancellor erred in denying attorneys’ fees.
(6-3: King concurred in part and dissented in part, joined by Kitchens; Griffis concurred in part and dissented in part, joined by Kitchens and King)

NOTE – The majority opinion is 44 pages that include many convoluted underlying facts that I have not attempted to convey here.

Other Orders

  • In Re: The Mississippi Access to Justice Commission, 89-R-99032-SCT (reappointing Hon. Tiffany Grove, David Haadsma, and Julian Miller as Commissioners of the Access to Justice Commission to terms expiring June 30, 2027, and appointing Michael Carr, Hon. Joseph Kilgore, and Barrett Blake Teller as Commissioners to terms expiring June 30, 2027, to succeed Michelle Clouse, Hon. Trent Favre, and Stephen Johnson.)
  • Ronk v. State, 2021-DR-00269-SCT (denying rehearing)
  • Riordan v. Estate of Haguewood, 2022-CT-00606-SCT (denying cert)
  • Ratcliff v. State, 2022-CT-00690-SCT (granting cert)
  • Scates v. State, 2022-CT-00856 (denying cert)
  • Premier Radiology, P.A. v. Davis, 2022-IA-00916-SCT (denying reconsideration and reinstatement)

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Mississippi Court of Appeals Decisions of July 16, 2024

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)

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Mississippi Supreme Court Decisions of June 27, 2024

The Mississippi Supreme Court handed down three opinions yesterday. The first opinion is a decision about damages following a voided tax sale. The second is an answer to a certified question from the Fifth Circuit asking whether Mississippi law permits workers’ comp policies to be voided ab initio based on a material misrepresentation. The third opinion reviews summary judgment in a med mal case centering on whether the discovery rule applied.

Thoden v. Hallford, 2022-CA-00835-SCT (Civil – Real Property)
Affirming in part and reversing in part the chancellor’s decisions in a case stemming from a voided tax sale of real property, holding that the chancellor correctly determined that the buyer was entitled to a refund of the purchase price of the voided sale plus interest, that the buyer was not entitled to reimbursement for costs incurred on the property, and that the legal owner was entitled to a set-off, but that the chancellor erred by determining that the purchaser was not entitled to taxes paid between the purchase and the voidance.
(7-0: Randolph and Griffis did not participate)

American Compensation Ins. Co. v. Ruiz, 2023-FC-01160-SCT (Civil – Federally Certified Question)
Answering a certified question from the Fifth Circuit, holding that workers’ compensation policies cannot be voided ab initio based on an material misrepresentation by the employer because the MWCA controls, rescission is inconsistent with Section 71-3-77(1), and allowing rescission would go against the express, statutory purpose of the MWCA.
(7-1: Coleman dissented, Randolph did not participate)

NOTE/DISCLOSURE: I represented one of the parties in this case and argued that the common law remedy of voiding a policy ab initio cannot be used to void a workers’ comp policy because of the comprehensive and exclusive nature of the MWCA. This issue had never been addressed by Mississippi courts, so when the carrier appealed the U.S. District Court’s decision granting our motion for summary judgment, the Fifth Circuit submitted a certified question to the Mississippi Supreme Court. This has been one of my favorite cases to handle with an interesting, novel legal issue at its core. Needless to say, I am gratified that the question was answered in my client’s favor despite great lawyering by opposing counsel.

Here is the crux of the Court’s holding:

McNinch v. Brandon Nursing & Rehabilitation Center, L.L.C., 2023-CA-00050-SCT (Civil – Wrongful Death)
Reversing summary judgment in favor of the defendant nursing home and hospital in a med mal case, holding the discovery rule tolled the statute of limitations where suit was filed within two years and sixty-days of when the decedent’s widow received his medical records which were requested with reasonable diligence.
(9-0)

Other Orders

  • In Re: Commission on Continuing Legal Education, 89-R-99011-SCT (reappointing Elizabeth Lee Maron, Robert Michael Tyler, Jr., and Sam H. Buchanan to three-year terms)
  • Archie v. State, 2022-KA-00326-SCT (denying rehearing)
  • Mississippi Department of Child Protection Services v. B.F., 2023-IA-00689-SCT (dismissing interlocutory appeal as moot)

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