The Mississippi Supreme Court handed down two opinions on Thursday. One is an appeal seeking to set aside a foreclosure sale. The other is an appeal of summary judgment dismissing a workers’ comp bad faith claim that addresses whether an employer’s duties under the MWCA can be delegated to a third-party administrator.
Evans v. MC & J Investments, LLC, 2022-CA-01248-SCT (Civil – Real Property) Affirming the chancery court’s refusal to set aside a foreclosure sale, holding that although the statute of frauds does not bar recovery when promissory estoppel is appropriate there was no evidence of reliance in this case and that the trial court did not err in finding that the foreclosure sale price was not so inadequate as to shock the conscience. (9-0)
Hardaway v. Howard Industries, Inc.,2022-CA-00787-SCT (Civil – Workers’ Comp) Affirming summary judgment in favor of an employer in a bad faith lawsuit that followed after the plaintiff’s denied comp claim was found to be compensable by the Commission, holding that the self-insured employer’s administrative duty under the MWCA was delegable and the employer had delegated its duties to a third-party administrator and that the employer’s conduct did not rise to the level of gross negligence. (9-0)
PRACTICE POINT – This is an important paragraph for future litigants addressing the impact of deposition testimony about legal duties:
Other Orders
In Re: Rules of Discipline for the Mississippi Bar, 89-R-99010-SCT (appointing Hon. Dal Williamson, Circuit Judge, as a member of the Complaint Tribunal from the entry of this order through 8/31/26 for the balance of the term of Hon. Claiborne “Buddy” McDonald IV, Circuit Judge, deceased)
Shoemaker v. State, 2019-M-00832 (denying application for leave to proceed in the trial court, finding the application frivolous, and warning that future frivolous filings could result in sanctions)
Manley v. Manley, 2021-CT-00700-SCT (denying cert)
Knight v. State, 2021-CT-01192-SCT (denying cert)
SDBT Archives LLC v. Penn-Star Insurance Company, 2022-CT-00099-SCT (granting cert)
Brandi’s Hope Company Services, LLC v. Walters, 2022-CT-00188-SCT (denying cert)
West v. State, 2022-CT-00432-SCT (denying cert)
Hill v. State, 2022-CT-00524-SCT (denying cert)
Winston v. State, 2022-CT-00747-SCT (dismissing cert petition as untimely)
Francis v. State, 2022-CA-00964-SCT (denying rehearing)
Harris v. State, 2022-KA-01113-SCT (denying rehearing)
Bell v. State, 2022-CT-01141-SCT (denying cert)
Harvey v. State, 2023-CT-00157-SCT (dismissing cert petition as untimely)
The Mississippi Court of Appeals handed down nine opinions on Tuesday. There is a workers’ comp case, a homeowner v. HOA dispute with a robust discussion of Robert’s Rules of Order, a personal injury appeal after an underwhelming verdict for the plaintiff with some significant discovery/evidentiary rulings, a tortious interference case stemming from a grocery wholesaler’s default on financial obligations, three direct criminal appeals, and a couple of PCR cases.
Kirby v. State, 2022-KA-00320-COA (Criminal – Felony) Affirming conviction of first-degree murder and two counts of possession of a weapon by a felon, holding that the defendant failed to show that his trial counsel was ineffective, that the court did not abuse its discretion by limiting cross-examination of a rebuttal witness for the State, and that the verdict was supported by sufficient evidence. (10-0)
Harris v. State, 2022-KA-00647-COA (Criminal – Felony) Affirming conviction of touching a child for lustful purposes as an authority figure, holding that the circuit court did not commit reversible error by admitting a video recording of the defendant’s police interview after the detective had already testified about the interview, holding that the evidence was sufficient to support the verdict, and declining to address the ineffective-assistance-of-counsel claim on direct appeal. (10-0)
Buena Vista Lakes Maintenance Ass’n, Inc. v. Jones, 2022-CA-01153-COA (Civil – HOA) Reversing the chancery court’s decision in a homeowner v. HOA dispute over the interpretation of bylaws, holding that the bylaws were not ambiguous and that a two-thirds majority of eligible votes cast at the meeting was required as opposed to two-third majority of those eligible to vote and holding that the chancellor erred in finding that the HOA’s bad on rental properties was against public policy. (10-0)
NOTE – Robert’s Rules of Order had a moment here.
Divinity v. Hinds Cty Sch. Dist., 2022-WC-01282-COA (Civil – Workers’ Comp) Affirming the MWCC’s decision after a hearing on the merits, holding that there was substantial evidence to support the Commission’s finding that the claimant’s upper extremity complaints were not among the injuries she sustained in her work-related accident and that the Employer/Carrier was not required to pay for a spinal cord stimulator and certain prescriptions. (9-0: Carlton did not participate)
NOTE – This was a pro se appeal and the procedural history was convoluted.
Boyett v. State, 2022-CP-01239-COA (Civil – PCR) Affirming the circuit court’s denial of a motion for PCR, holding that the motion was time-barred. (10-0)
Duncan v. State, 2023-CP-00406-COA (Civil – PCR) Affirming denial of motion for PCR, holding that the circuit court did not err in finding the PCR motion moot because the petitioner had been released on parole. (10-0)
Harris v. Ratcliff, 2022-CA-00596-COA (Civil – Personal Injury) Affirming the trial court’s denial of the plaintiff’s motion for new trial or additur after the jury returned a verdict for the plaintiff in an amount significantly less than the plaintiff’s claimed medical expenses, holding that the trial court did not abuse its discretion in granting the defendant’s additional time to designate experts, in striking one of the plaintiff’s experts at trial after the expert began testifying based on notes that had not been disclosed (to the surprise of both sides), in denying the plaintiff’s request to substitute an expert for another expert who was in a coma where the plaintiff was prepared to use the expert’s video testimony at trial, or in excluding a DTI brain scan. (7-2: Westbrooks and McDonald concurred in part and dissented in part; McCarty did not participate)
Edwards v. State, 2022-KA-00719-COA (Criminal – Felony) Affirming conviction of attempted capital murder of a chancery court judge, holding that the trial court did not abuse its discretion by allowing testimony from two law enforcement officers regarding information they received during their investigation because it was offered for purposes other than to prove the truth of the matter asserted. (9-1-0: Lawrence concurred in part and in the result without separate written opinion)
Silver Dollar Sales, Inc. v. Battah, 2022-CA-00476-COA (Civil – Torts) Affirming the trial court’s grant of a directed verdict in favor of one defendant in a case stemming from a grocery wholesaler’s default on its debts to a financing company, holding that the plaintiff failed to prove that one defendant (another grocery wholesaler) committed tortious interference with business relations or that anything that defendant did proximately caused actual damages to the plaintiff. (8-2: McDonald dissented, joined by Westbrooks)
Other Orders
In the Matter of the Guardianship of B.P.: Michael P. v. Patrick Thomas and Jennifer Thomas, 2021-CA-01288-COA (denying rehearing)
Tubwell v. FV-1, Inc., 2021-CP-01345-COA (denying rehearing)
Washington v. State, 2021-KA-01384-COA (denying rehearing)
Ramsey v. State, 2022-CP-00103-COA (denying rehearing)
Prophet v. State, 2022-CA-00933-COA (denying rehearing)
Hall v. State, 2022-CP-01097-COA (denying rehearing)
The Mississippi Supreme Court handed down four opinions on Thursday, January 18. Of the four, there were three direct criminal appeals and the fourth was an appeal in a money dispute between a county and a school district.
Douglas v. State, 2022-KA-00859-SCT (Criminal – Felony) Affirming conviction of sale of cocaine and life sentence as habitual offender, holding that the defendant waived defective indictment argument by failing to object in the trial court, that the argument that his indictment was improper because his name was incorrect was barred and without merit, that the defendant was not denied the right to represent himself because he never asked to, that the judge did not err by not recusing sua sponte, that witness credibility was for the jury to determine, that the defendant’s Fourth Amendment arguments were barred and without merit, that there was no merit to the defendant’s chain-of-custody argument, that there was no merit to the defendant’s Brady claim, that the defendant’s arguments about the amount of the controlled substance were without merit, that the defendant’s Confrontation Clause argument was barred and without merit, that the verdict was not against the overwhelming weight of the evidence, that the defendant’s argument that his right to a public trial was not violated where the jury deliberated and returned a verdict after business hours, and that the ineffective-assistance-of-counsel claim was without merit. (9-0)
Davis v. State, 2022-KA-00696-SCT, consolidated with Jackson v. State, 2022-KA-00731-SCT (Criminal – Felony) Affirming convictions of two counts of first-degree murder but vacating a portion of the sentences, holding that the firearm-enhancement portion of the sentences was prohibited because a greater minimum sentence (life sentence) was otherwise provided for, but holding that under the plain error doctrine there was no evidence the defendants did not receive a fair trial by an impartial jury where the Batson challenge procedure was not followed to determine if the race-neutral reason was pretextual, that the verdict supported by sufficient evidence and was not against the overwhelming weight of the evidence, that the trial court did not err in denying one defendant’s motion to server, and the cumulative errors doctrine did not require reversal. (6-3: Kitchens dissented, joined by King and Ishee; King dissented, joined by Kitchens and Ishee)
Clarke County, Mississippi v. Quitman School District, 2022-CA-00471-SCT (Civil – Other) Reversing on direct appeal and on cross appeal in a case about whether a school district was entitled to funds recovered by a county from the bankruptcy proceedings of a delinquent taxpayer, holding that the statutory scheme for funding public schools does not entitle school districts to receive delinquent taxes recovered years later in bankruptcy proceedings that are outside of the statutory scheme so the chancellor erred in awarding the school district a portion of the funds. (9-0)
Stewart v. State, 2022-KA-00107-SCT (Criminal – Felony) Affirming conviction of sexual battery, holding that in the context of the COVID-19 global pandemic the trial court was within its discretion to have the defendant attend a pretrial, tender-years hearing virtually; that the verdict was supported by sufficient evidence; that issues related to jury instructions were barred for failure to object and there was no plain error; and that the trial court did not err in sustaining the State’s objection to certain lines of questions while defense counsel was cross-examining witnesses. (6-3: Kitchens concurred in result only, joined by King and Ishee)
Other Orders
In Re: State Intervention Courts Advisory Committee, 89-R-99039-SCT (approving the designation of Katharine Surkin, Director of the Administrative Office of the Courts, of Justice Robert P. Chamberlin as Chair of the State Intervention Courts Advisory Committee and the following as members through December 31, 2024: Judge Michael M. Taylor, Judge Winston L. Kidd, Judge Robert Helfrich, Judge Charles E. Webster, Judge Kathy King Jackson, Judge Randi P. Mueller, Representative Angela Cockerham, Nathan Blevins Deputy Commissioner of Community Corrections, MDOC, Mark Smith, Executive Director, State Veterans Affairs Board, Andrea Sanders, Commissioner, Miss. Department of Child Protection Services, and Consuelo Walley, Coordinator, Jones County Drug Ct, 18th Judicial Circuit, and further designating the following alternate members who may attend and vote in the absence of an appointed committee member: Judge Mary “Betsy” Cotton, Judge Mike Dickinson, and Judge Walt Brown.
Cochran v. State, 2014-M-00090 (denying “Request for Post-Conviction Forensic, DNA, and Handwriting Testing,” finding that the filing was frivolous, and warning that future frivolous filings may be sanctioned)
Trest v. State, 2021-CT-00968-SCT (denying cert)
Jackson Pub. Sch. Dist. v. Jackson Federation of Teachers and PSRPS, 2022-CA-00464-SCT (denying cert)
Brent v. MDHS, 2022-CT-00529-SCT (granting cert)
In Re: Administrative Orders of the Supreme Court of Mississippi, 2024-AD-00001-SCT (directing the disbursement of $215,281.86 in civil legal assistance funds among the MS Center for Legal Services, MS Volunteer Lawyers Project, and North MS Rural Legal Services.
The Mississippi Court of Appeals handed down eight opinions on Tuesday. The Court covered a lot of subject matter including trusts, unemployment benefits, workers’ comp, and several direct appeals of criminal convictions.
Rutland v. Regions Bank, 2022-CA-00720-COA (Civil – Wills, Trusts & Estates) Affirming the circuit court’s grant of summary judgment in favor of a trustee who filed a dec action seeking a judgment that the trust did not have to pay funeral expenses, holding that the circuit court did not err in finding that the trust was irrevocable, was not terminated by a subsequent divorce, and that the contents of the trust should be disbursed to the children. (10-0)
Black v. State, 2022-KA-01101-COA (Criminal – Felony) Affirming conviction of capital murder based on robbery, holding that the circuit court did not err in rejecting the defendant’s manslaughter instruction, in sustaining the State’s objection to defense counsel calling a detective a “liar” during closing, or in not issuing a cautionary instruction regarding the written transcript of the defendant’s interview with law enforcement. (8-1-1: McDonald concurred in part and in the result without writing; Westbrooks concurred in part and dissented in part without writing)
Coe Law Firm PLLC v. MDES, 2022-CC-01285-COA (Civil – State Boards & Agencies) Affirming the circuit court’s order dismissing the employer’s appeal of the MDES Board of Review’s order upholding the ALJ’s grant of unemployment benefits, holding that the employer failed to show good cause for not appearing at the ALJ de novo hearing and that issues of misconduct by the employee were therefore moot. (10-0)
Jones v. State, 2022-KA-01199-COA (Criminal – Felony) Affirming conviction of attempted aggravated assault with a firearm enhancement, holding that the verdict was not against the overwhelming weight of the evidence. (9-1-0: McCarty concurred in part and in the result without writing)
Simmons v. State, 2022-KA-01260-COA (Criminal – Felony) Affirming conviction of receiving stolen property and first-degree murder, holding that the circuit did not err in denying the defendant’s motion for JNOV where the evidence was sufficient for both conviction and that the verdict was not against the overwhelming weight of the evidence. (10-0)
MTD Products, Inc. v. Moore, 2023-WC-00199-COA (Civil – Workers’ Comp) Affirming the MWCC’s award of PPD for 50 weeks for an upper-left extremity injury, holding that substantial evidence support the MWCC’s finding that the claimant sustained a 25% industrial loss of use that exceeded her 15% functional medical impairment where the claimant’s job duties had to be modified and she was reassigned to different tasks after her injury. (10-0)
Vlasak v. State, 2022-CP-01211-COA (Criminal – Felony) Dismissing appeal of the circuit court’s denial of a motion for reconsideration after denying the defendant’s motion to modify sentence that was filed after a guilty plea that was filed after the term of court ended, holding that that the circuit court correctly found that this was essentially a direct appeal after a guilty plea. (10-0)
Gilmer v. State, 2022-KM-00257-COA (Criminal – Misdemeanor) Affirming the circuit court’s decision affirming the county court’s order dismissing an appeal of a conviction in justice court of willfully discharging a firearm towards a dwelling and disturbing the peace, holding that there was no error in dismissing the appeal after the defendant failed to appear at his trial de novo. (8-1-0: Wilson concurred in part and in the result without writing; Emfinger did not participate)
Other Orders
Smith v. State, 2020-KA-00774-COA (denying rehearing)
White v. State, 2021-KA-00818-COA (denying rehearing)
Hobby v. Ott, 2021-CA-01305-COA (denying rehearing)
Ndicu v. Gacheri, 2022-CA-00415-COA (denying rehearing)
Wheeler v. Miss. Limestone Corp., 2022-WC-00534-COA (denying rehearing)
The Mississippi Supreme Court handed down four opinions and entered an impressive sixteen “other orders” today. The opinions are a direct criminal appeal, an ecclesiastical abstention case, a precedent-overruling PCR case, and a contract case deciding whether a post-mediation agreement was enforceable. Among the sixteen other orders is an order amending Rule 54 of the Mississippi Rules of Civil Procedure that civil practitioners should note.
Hawkins v. State, 2022-KA-01250-SCT (Criminal – Felony) Affirming conviction of sexual battery, holding that there was sufficient evidence for a reasonable jury to find based on the totality of the circumstances that the defendant was in a position of trust or authority over the victim. (9-0)
Melton v. Union Hill Missionary Baptist Church, 2022-CA-00737-SCT (Civil – Other) Reversing and vacating the chancery court’s judgment in a dispute over whether a church had been removed its pastor, holding that the doctrine of ecclesiastical abstention put this question outside of the chancery court’s jurisdiction and that the well-meaning chancellor violated the Mississippi Constitution and the Establishment Clause when he personally moderated a congregational meeting to hold a second vote on the pastor and declared the church’s sanctuary a courtroom. (9-0)
NOTE – The Court also had this to say about the congregational meeting:
Ronk v. State, 2021-DR-00269-SCT (Civil – PCR) Affirming denial of motion for relief from judgment or for leave to file successive petition for PCR that included an ineffective assistance claim, overruling Grayson v. State to the extent it excepted ineffective-assistance-of-post-conviction-counsel claims from the UPCCRA’s bars in death-penalty cases, based on the recent Howell decision. (6-3: Kitchens dissented, joined by King and Ishee)
Logan v. RedMed, LLC, 2022-CA-00669-SCT (Civil – Contract) Reversing the trial court’s judgment enforcing a settlement following a mediation, holding that the proposed settlement agreement that resulted from the mediation lacked material terms required by Mississippi contract law. (6-3: Chamberlin dissented, joined by Maxwell and Beam)
Other Orders
In Re: The Rules of Civil Procedure, 89-R-99001-SCT (amending Rule 54, effective January 18, 2024)
NOTE – Here is the amended text of Rule 54(d):
And here is the amended Advisory Committee Historical Note:
In Re: The Rules of Discipline for the Mississippi Bar, 89-R-99010-SCT (appointing or reappointing Hon. Eleanor Faye Peterson, Clarence Webster III, Jackye C. Bertucci, Hon. Mark A. Maples, Hon. Celeste E. Wilson, and Charles Elliott Winfield as complaint tribunal members for three-year terms from January 1, 2024, through December 31, 2026)
Flynt v. State, 2016-M-00862 (denying PCR motion, finding the motion frivolous, and warning that future frivolous filings might result in sanctions)
Williams v. State, 2016-M-01063 (denying PCR motion, finding the motion frivolous, and warning that future frivolous filings might result in sanctions)
Cavitt v. State, 2018-M-00197 (denying PCR motion, finding the motion frivolous, and warning that future frivolous filings might result in sanctions)
Ronk v. State, 2021-DR-00269-SCT (denying motion for relief from judgment or leave to file successive PCR petition)
Howard Industries, Inc. v. Hayes, 2021-CT-00694, consolidated with 2021-CT-00695 (granting appellee’s motion for attorney’s fees for additional services provided and denying rehearing)
Christian v. State, 2021-M-00807 (denying PCR motion, finding the motion frivolous, and warning that future frivolous filings might result in sanctions)
Priceline.com, LLC v. Fitch, 2021-CA-00868-SCT (denying rehearing)
Johnson v. Johnson, 2021-CT-01080-SCT (denying cert)
Ehrhardt v. State, 2021-CT-01143-SCT (denying cert)
Pearson v. Eubanks, 2022-CT-00011-SCT (granting cert)
Brown v. State, 2022-CT-00069-SCT (denying cert)
Roosa v. Roosa, 2022-CT-00128-SCT (denying cert)
Tarvin v. State, 2022-M-00260 (denying PCR motion, finding the motion frivolous, and warning that future frivolous filings might result in sanctions)
The Mississippi Bar v. Russell,2023-BD-00843-SCT (granting petition to transfer lawyer to disability inactive status)
The Mississippi Court of Appeals handed down four opinions on Tuesday. Notably, not one of the decisions was a clean affirmance. There is a personal injury/MTCA decision, a riparian property damage case, a divorce decision, and an arbitration decision.
Mississippi Department of Rehabilitation Services v. Butler, 2022-CA-00176-COA (Civil – Personal Injury) Affirming on direct appeal and reversing on cross-appeal in an MTCA car wreck case, holding that the circuit court did err after holding a bench trial and finding that the defendant-driver was in the course and scope of her employment and her negligence was the sole proximate cause of the accident, but holding that the circuit court erred in not awarding damages for the loss of a cell phone and repair of a wedding band and that the circuit court erred in denying the plaintiffs’ motion for additur on the loss-of-consortium claim. (9-0: Emfinger did not participate)
Hegman v. Adcock, 2022-CA-00501-COA (Civil – Property Damage) Affirming in part and reversing in part the circuit court’s judgment affirming the county court in a riparian rights case, holding that the circuit court did not err in affirming the denial of the plaintiff’s claim for injunctive relief and damages and the denial of the defendant’s Rule 52 motion, but reversing the circuit court’s decision affirming the court court’s finding the plaintiff liable on a tortious interference with business relations counterclaim and the $95,000 award on that counterclaim. (8-2-0: Wilson and Emfinger concurred in part and in the result without writing)
Bolivar v. Bolivar, 2022-CA-00640-COA (Civil – Domestic Relations) Vacating the chancery court’s judgment on a motion for contempt in “highly contentious divorce proceedings,” holding that the movant was required to have a new Rule 81 summons for her fourth contempt motion “regardless of the status of the litigation.” (10-0)
Coleman v. Stan King Chevrolet, Inc., 2022-CA-00943-COA (Civil – Contract) Reversing the circuit court’s dismissal of a motion to compel arbitration on the basis that the statute of limitations had run on the underlying claims, holding that where the defendants initially sought to compel arbitration but later obtained a default judgment on their counterclaim in the circuit court, the defendants’ rejection of the plaintiff’s attempt to proceed with arbitration justified relief under Rule 60(b)(6), holding that the circuit court erred in addressing the statute of limitations issue, and remanded for the matter to be restored to the active docket and stayed pending conclusion of arbitration proceedings. (5-3-2: Lawrence and Smith concurred in part and in the result without writing; McCarty concurred in result only without writing; Greenlee dissented, joined by Enfinger)
NOTE – The proceedings in the circuit court were convoluted. It necessary to read the opinion to get a handle on what took place and the Court’s ruling.
Other Orders
Roberson v. State, 2021-CA-01182-COA (denying rehearing)
Carpenter v. State, 2022-KA-00398-COA (denying rehearing)
Davis v. State, 2022-KA-00573-COA (denying rehearing)
Boyington v. State, 2022-KA-00601-COA (denying rehearing)
Pickle v. State, 2022-CP-00929-COA (denying rehearing)
Happy New Year! The Mississippi Court of Appeals wasted no time getting back in the game this year and handed down two opinions today. One is a direct appeal of a criminal conviction of multiple counts of video voyeurism and the other is a decision on unusual facts from hearings related to the enforcement of a judgment.
Moore v. State, 2022-KA-00327-COA (Criminal – Felony) Affirming conviction of fifteen counts of video voyeurism and one count of video voyeurism of a child under sixteen, holding that the trial court did not err in declining to suppress all of the State’s evidence because “simple mistakes made in the process of the issuance of the two search warrants” related to identifying which suite the subject restroom was in; that the evidence was sufficient to find that the incidental recording of males was “lewd, licentious, or indecent” and that the evidence was sufficient to prove the necessary element of lack of permission as to the victims who did not testify. (10-0)
Pierce v. Sorrells, 2022-CP-01290-COA (Civil – Contract) Affirming in part and reversing in part the trial court’s decisions on dueling petitions to unseal a judgment (by obligee) and to set the judgment aside (by obligor), holding that the obligor was served with process on the petition to unseal, but holding that the obligor’s due process rights were violated when he was instructed by the court not to open his mouth again before he was able to testify and remanding for full hearing on the merits, and reversing the trial court’s judgment ordering the obligor incarcerated until he purged himself of contempt. (6-1-3: McCarty concurred in part and in the result without writing; Wilson concurred in part and dissented in part, joined by Lawrence and Smith, and joined in part by McCarty.)
NOTE – Here is the potion of the opinion recounting the hearing:
The Mississippi Supreme Court handed down three opinions today and one order approving local rules. There is a direct criminal appeal, a legal malpractice case before the supreme court on a forum-selection issue, and a contract/judgment case.The court’s cert denying machine is also humming along, with six cert petitions denied and none granted today.
Mills v. State, 2022-KA-00617-SCT (Criminal – Felony) Affirming conviction of first-degree murder, holding that the trial court did not err in admitting photographs of the accident scene, photos of the victims wounds, or footage from the responding officer’s body camera, and holding that the verdict was not against the overwhelming weight of the evidence. (9-0)
Breal v. The Downs Law Group, 2023-CA-00132-SCT (Civil – Legal Malpractice) Reversing the trial court’s sua sponte enforcement of a forum-selection clause and dismissal of a legal malpractice claim, holding that forum-selection concerns venue and may be waived, and that “venue had clearly been waived” after one year of litigation. (9-0)
Bhana v. Patel, 2022-IA-01264-SCT (Civil – Contract) Reversing the chancery court’s renewal of a judgment on a loan, holding that the chancery court abused its discretion because the original judgment expired and the plaintiff failed to renew the judgment in any manner provided by law and that the defendant’s “slight delay in asserting a statute of limitations defense was neither substantial nor unreasonable.” (8-1-0: Randolph concurred in result only without writing)
Other Orders
In Re: Local Rules, 89-R-99015-SCT (granting motion for approval of local rule filed by circuit court judges for the first circuit court district)
Clayton v. State, 2021-CT-00505-SCT (denying cert)
Williamson v. State, 2021-CT-00830-SCT (denying cert)
McInnis Elec. Co. v. Brasfield & Gorrie, LLC, 2021-CA-01115-SCT (consolidated with 2021-CA-01300) (denying rehearing)
Holliday v. State, 2022-CT-00149-SCT (denying cert)
Applewhite v. State, 2022-CT-00290-SCT (denying cert)
Rhodes v. RL Stratton Props. LLC, 2022-CT-00338-SCT (denying cert)
Carter v. PERS, 2022-CT-00383-SCT (denying cert)
River Oaks Hospital, LLC v. Thompson, 2023-M-00481-SCT (denying interloc)
The Mississippi Court of Appeals handed down eight decisions on Tuesday that cover a lot of territory. There is something for just about everybody.
Read on down for a case that underscores the importance of keeping up with the weekly hand downs from the Mississippi Supreme Court and Mississippi Court of Appeals. (Subscribing to this blog probably doesn’t hurt you in that endeavor.)
Coogan v. Nationwide Prop. and Cas. Ins. Co., 2022-CA-01063-COA (Civil – Insurance) Affirming partial summary judgment in policy holders’ suit against their auto liability carrier, holding that the carrier had an arguably reasonable basis to support its claims handling the circuit court did not err in finding that there was no genuine issue of material fact on the bad faith punitive damages claim or the Veasley damages claim. (6-2-1: McCarty concurred in part and in the result without writing, Westbrooks concurred in result only without writing, McDonald dissented without writing, Lawrence did not participate)
Forrest v. State, 2022-KA-00844-COA (Criminal – Felony) Affirming conviction of first-degree murder, holding that the verdict was not against the overwhelming weight of the evidence and that the court did not admit inadmissible hearsay or irrelevant evidence, and dismissing the ineffective assistance of counsel claim without prejudice. (10-0)
Hills v. Manns, 2022-CA-00774-COA (Civil – Domestic Relations) Affirming modification of visitation schedule, holding that the chancellor did not err in not dismissing the mother’s petition on the basis of res judicata, not awarding him attorney’s fees, or in awarding the mother final decision-making authority. (10-0)
Strong v. Acara Solutions, Inc., 2022-CA-01240-COA (Civil – Personal Injury) Reversing the trial court’s dismissal of a personal injury lawsuit on judicial estoppel grounds, holding that the case should be remanded to allow the circuit court to apply the test from a recent Mississippi Supreme Court decision that was handed down after the circuit court’s ruling. (10-0)
PRACTICE POINT – This case illustrates the importance of keeping up with decisions handed down weekly by Mississippi’s appellate courts. (By extension, this case illustrates why you and all of your friends should subscribe to the Mississippi Appeals Blog – I covered the Saunders decision here when it was handed down.)
PRACTICE POINT (continued): Though the Mississippi Supreme Court’s decision in Saunders was handed down after the summary judgment order was entered, the Supreme Court’s decision in Jones, infra, with its special concurrence, was handed down before the summary judgment proceedings. So the precedential special concurrence in Jones that controlled this case was in force during the summary judgment proceedings. This case serves as a good reminder that special concurrences that garner a majority of the court have the force of precedent. (Another shameless plug: I covered the Jones decision here when it was handed down and specifically discussed the precedential value of the special concurrence.)
Barefield v. Barefield, 2022-CA-00834-COA (Civil – Torts-Other) Affirming the chancellor’s order requiring the former member/owner of an investment company to pay a forensic accountant’s fee for services during litigation among all members/owners, holding that the exert was court-appointed and the chancellor had discretion to order the party whose actions necessitated the lawsuit to pay the fees. (8-2-0: McCarty concurred in part and in result without writing; Wilson concurred in result only without writing)
Henderson v. State, 2022-KA-00661-COA (Criminal – Felony) Affirming conviction of first-degree murder, holding that the evidence was sufficient to support the conviction and the verdict was not against the overwhelming weight of the evidence. (10-0)
Nichols v. State, 2022-KA-00202-COA (Criminal – Felony) Reversing conviction of first-degree murder and remanding for new trial, holding that the circuit court erred by failing to instruct the jury on the “castle doctrine,” while also holding that the evidence to support the conviction was legally sufficient so the remedy was a new trial. (10-0)
Miss. Dept. of Human Servs. v. Johnson, 2022-SA-00605-COA (Civil – Domestic Relations) Affirming the chancellor’s decision voiding a 2002 paternity and child-support order was void for insufficient service of process, holding that in light of MDHS’s admission that failed to effect proper service under Rule 81(d) MDHS’s arguments under the doctrine of laches, judicial estoppel, unjust enrichment, and public policy failed. (6-4: Greenlee dissented, joined by Wilson, Lawrence, and Emfinger)
Other Orders
Gillen v. Gillen, 2021-CA-00837-COA (granting motion for appellate attorneys’ fees)
Moore v. State, 2022-KA-00327-COA (granting appearance as counsel, but denying motion to substitute and motion to file supplemental brief)
Diming v. State, 2022-KA-00412-COA (recalling mandate and granting motion for time to file motion for rehearing)
Russell v. State, 2022-KA-00447-COA (recalling mandate and granting motion for time to file motion for rehearing)
Greater Hamilton Grove Baptist Church v. Hamilton Grove Missionary Baptist Church, 2022-CA-00518-COA (denying rehearing)
Rehabilitation Centers, Inc. v. Williams, 2023-WC-00453-COA (denying motion for reconsideration)
Mitchell v. State, 2023-TS-00764-COA (granting motion to proceed out-of-time)
Robinson v. State, 2023-TS-00935-COA (dismissing untimely appeal)
Britton v. State, 2023-TS-01060-COA (dismissing untimely appeal)
Rutherford v. State, 2023-TS-01066-COA (dismissing appeal for lack of appealable judgment)
Rutherford v. State, 2023-TS-01069-COA (dismissing appeal for lack of appealable judgment)
The Mississippi Supreme Court handed down one opinion on Thursday. It was a 5-4 split over whether the petitioner who was sentenced to mandatory life without parole as a minor before Miller had a statutory right to be resentenced by a jury.
Dampier v. State, 2021-CT-00280-SCT (Civil – PCR) Affirming sentence of life without parole after the trial could conducted a hearing and considered the Miller factors, holding that there was no statutory right to be resentenced by a jury under section 99-19-101(1) under the facts of this case. (5-4: Coleman dissented, joined by Kitchens, King, and Ishee)
NOTE – The majority provided some procedural clarification:
The dissent took issue with the fact that a jury had never weighed the applicable statutory aggravating and mitigating factors:
Other Orders
Manning v. State, 95-DP-00066-SCT (holding State’s motion to lift stay of execution, set execution date, and dismissing second successive PCR motion in abeyance until the Court rules on the petitioner’s motion for leave to file successive petition for PCR)
Galloway v. State, 2013-DR-01796 (denying motion to stay mandate pending cert; denying rehearing)
Parisie v. State, 2017-M-00685 (denying application for leave to proceed in the trial court pro se, finding the filing was frivolous, and waning that future frivolous filings could result in sanctions)
S.F. v. Lamar Cnty. Dept. of Child Protection Servs., 2021-CA-00466-SCT (denying rehearing)
Lewis v. State, 2021-CT-00472-SCT (denying cert)
Renfroe v. Parker, 2021-CT-01048-SCT (denying cert)
Herbert v. Herbert, 2021-CT-01291-SCT (dismissing cert petition)
Tran v. State, 2022-CT-00094-SCT (denying cert)
Wells v. State, 2022-CT-00157-SCT (denying cert)
Z.E.F. v. Lamar Cnty. Dept. of Child Protection Servs., 2022-CA-00695-SCT (denying rehearing)
Sanders v. Reeves, 2022-CT-01059-SCT (denying cert)
Madakasira v. Irby, 2023-M-00604-SCT (denying petition for interlocutory appeal)
Mississippi Appeals Blog 