Category: Hand Down Summaries

Mississippi Supreme Court Decisions of May 18, 2023

The Mississippi Supreme Court handed down four opinions today. Three are direct criminal appeals and one is an interlocutory appeal of a tort suit that a litigant filed against counsel for the opposing party. One of the criminal cases was taken up so the Supreme Court could address for the first time the issue of whether the crime of attempted murder requires an “overt act” under the amended 97-1-7. The Supreme Court also granted cert in a child custody modification case.

Anderson v. State, 2022-KA-00530-SCT (Criminal – Felony)
Affirming conviction of first-degree murder and life sentence, holding that the trial court did not err in refusing a heat-of-passion instruction or in allowing the defendant’s confession to be presented to the jury, and that the verdict was supported by sufficient evidence and not against the overwhelming weight of it.
(9-0)

Beale v. State, 2020-CT-00614-SCT (Criminal – Felony)
Affirming conviction of attempted murder on cert, holding that the indictment correctly stated the necessary elements of the crime and that two jury instructions did not constructively amend the indictment.
(6-3: King dissented, joined by Kitchens and Coleman.)

NOTE – The Mississippi Supreme Court granted cert to address for the first time the issue of whether the crime of attempted murder requires an “overt act” under the amended Miss. Code Ann. § 97-1-7:

Henley, Lotterhos & Henley, PLLC v. Bryant, 2021-IA-00994-SCT (Civil – Torts)
Reversing the circuit court’s denial of a law firm’s motion to dismiss/summary judgment in a lawsuit asserting a slew of intentional torts stemming from the handing of a subrogation claim, holding that attorneys do not owe duties to adverse parties that can give rise to tort liability and remanding for litigation of the claims against the insurance company.
(5-2-1: Randolph and Griffis concurred in result only without separate written opinion; King dissented; Kitchens did not participate.)

Spiers v. State, 2022-KA-00038-SCT (Criminal – Felony)
Affirming conviction of burglary of a dwelling and attempted sexual battery, holding that the defendant waived the issue of whether the trial court erred by granting a jury instruction requiring the defendant to prove consent by clear and convincing evidence and that the plain error doctrine did not apply, that the defendant failed to establish a case of ineffective assistance as to the instruction, and that the trial court did not commit plain error with regard to alleged prosecutorial misconduct during closing.
(5-1-3: Maxwell concurred in part and in result without separate written opinion; King dissented, joined by Kitchens and Coleman)

Other Orders

Price v. State, 2019-CT–01890-SCT (denying cert)

Blagodirova v. Schrock, 2020-CT-01162-SCT (granting cert) (You can read my summary of the 4-2-4 COA decision by clicking here.)

Davis v. Davis, 2020-CA-01304-SCT (denying rehearing)

Bowman v. State, 2020-CT-01371-COA (denying cert)

Tennesen v. City of Hattiesburg, 2021-CT-00137-SCT (denying cert)

Hand Down List

Mississippi Court of Appeals Decisions of May 16, 2023

The Mississippi Court of Appeals handed down eight opinions today. There are three direct criminal appeals today and one is a reversal. There is also a termination of parental rights case, an adverse possession case, a PERS appeal, and two PCR cases.

Johnson v. State, 2022-KA-00465-COA (Criminal – Felony)
Affirming conviction of first-degree murder, holding that the circuit court did not err in refusing a lesser-included heat-of-passion instruction.
(10-0)

Carroll v. State, 2021-CP-00959-COA (Civil – PCR)
Affirming dismissal of motion requesting the circuit court to clarify a sentence, holding that the circuit court lacked jurisdiction to hear the claim because the plaintiff failed to exhaust his administrative remedies.
(9-1-0: Emfinger concurred in result only without separate written opinion.)

Adams v. State, 021-CA-01116-COA (Civil – PCR)
Affirming dismissal of PCR motion, holding that the plaintiff’s claim challenging the sufficiency of evidence was not a proper ground for PCR and that the plaintiff was not entitled to a circumstantial evidence instruction.
(8-0: Westbrooks and Emfinger did not participate.)

Carter v. PERS, 2022-SA-00383-COA (Civil – State Boards & Agencies)
Affirming decisions removing two-and-a-half years of service credit, holding that the doctrine of equitable estoppel did not bar the PERS from removing the service credits and that the decision was not arbitrary and capricious.
(9-1-0: McDonald concurred in result only without separate written opinion.)

Grimes v. State, 2022-KA-00143-COA (Criminal – Felony)
Reversing denial of motion for new trial, holding that the defendant presented sufficient evidence of potential juror misconduct to warrant an investigative hearing, that the mutual combat manslaughter instruction was harmless error, and that the defendant’s arguments related to exclusion of evidence of the victim’s reputation in the community, hearsay in the autopsy report, medical testimony, exclusion of the victim’s toxicology report, and the scope of re-direct were not preserved for appeal.
(10-0)

Stevenson v. State, 2022-KA-00284-COA (Criminal – Felony)
Affirming conviction of capital murder, holding that the trial court did not abuse its discretion by excluding the defendant’s metal health records because the defendant did not properly assert an insanity defense.
(10-0)

Walters v. Gates, 2021-CP-01350-COA (Civil – Real Property)
Affirming dismissal of the complaint for lack of subject matter jurisdiction and entry of judgment for possession for defendants, holding that the circuit court properly held that the plaintiff’s claim to establish title by adverse possession and cancellation of a deed should have been brought in chancery court.
(10-0)

Roach v. Phillips, 2022-CA-00159-COA (Civil – Adoption)
Reversing termination of parental rights, holding that the chancellor failed to include a summary of the GAL’s qualifications, findings, and recommendations and reasoning for not following the GAL’s recommendations and remanding for further proceedings.
(10-0)

Other Orders

Barfield v. State, 2021-KA-00660-COA (denying rehearing)

Bradley v. State, 2022-CP-00173-COA (denying rehearing)

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Mississippi Supreme Court Decisions of May 11, 2023

The Mississippi Supreme Court handed down four decisions today. One is an interlocutory appeal of a discovery order in a personal injury case and one is a direct criminal appeal. The other two are election contest cases, one regarding the race for public service commissioner and other a state representative race.

Mississippi Baptist Health Systems, Inc. v. Johnson, 2022-IA-00158-SCT (Civil – Personal Injury)
Reversing the trial court’s order compelling the defendant hospital to produce two incident reports over a claim of privilege, holding that the trial court erred in ordering production without conducting in camera review and remanding for that purpose.
(9-0)

Norwood v. State, 2021-KA-00903-SCT (Criminal – Felony)
Affirming conviction of aggravated domestic violence, holding that there was no reasonable probability that, but for defense counsel’s failure to present evidence of the victim’s purported drug use while cross-examining her, the trial result would have been different.
(9-0)

Gunasekara v. Barton, 2023-EC-00377-SCT (Civil – Election Contest)
Affirming the trial court’s decision in an election contest, holding that the trial court did not manifestly err by holding that the plaintiff failed to meet the five-year residency requirements for the office of Public Service Commissioner.
(6-0: Coleman, Maxwell, and Chamberlin did not participate.)

NOTE – The Court declined to address the plaintiff’s claim that the five-year citizenship requirement violated the 14th Amendment, noting that the Attorney General should be given the opportunity to argue the question of constitutionality.

Jones v. Yates, 2023-EC-00395-SCT (Civil – Election Contest)
Affirming the trial court’s finding in an election contest, holding that the trial court erred in determining that the would-be candidate for state representative satisfied the two-year residency requirement but affirmed because the trial court reached the correct outcome for other reasons.
(9-0)

Other Orders

Short v. State, 2021-CT-00499-SCT (dismissing pro se cert petition)

Davis v. State, 2021-CT-00593-SCT (denying cert)

Meek v. Cheyenne Steel, Inc., 2021-CT-01219-SCT (denying cert)

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Mississippi Court of Appeals Decisions of May 9, 2023

The Mississippi Court of Appeals handed down nine ten opinions today. There are two direct criminal appeals, a divorce case, a bad faith insurance case, an appeal of the suspension of police officers, a construction bid appeal, and two PCR cases.

Durr v. State, 2021-KA-01109-COA (Criminal – Felony)
Affirming conviction of conspiracy to commit armed robbery, capital murder, armed robbery, and aggravated assault, holding that ineffective assistance claim based on Defendant’s representation by the same public defender’s office that represented codefendents who testified against Defendant should be dismissed without prejudice and that if there was error in admitting a codefendant’s affidavit as substantive it was harmless.
(8-2: Westbrooks dissented, joined by McDonald; McDonald also dissented without separate written opinion.)

Hughes v. State, 2021-CP-01241-COA (Civil – PCR)
Affirming denial of PCR motion to vacate PRS revocation and imposition of suspended sentence, holding that the circuit court did not err in ruling based on absconscion.
(10-0)

Sanders v. State, 2022-KA-00351-COA (Criminal – Felony)
Affirming conviction of failing to update sex offender registration, holding based upon review of a Lindsey Brief, review of a pro se brief, and the record that there were no arguable issues that would warrant reversal.
(10-0)

Adams v. City of Jackson, 2021-CC-00454-COA (Civil – State Boards and Agencies)
Reversing the circuit court’s decision affirming the suspension of two officers for engaging in a pursuit while Jackson had a no-pursuit policy, holding that the clear and substantial evidence showed that there was no “pursuit” where an officer initiated a traffic stop and followed the suspect for just over a mile at between 10-20mph.
(8-1: McDonald dissented without separate written opinion; Westbrooks did not participate.)

Davis v. Davis, 2021-CA-01246-COA (Civil – Domestic Relations)
Affirming in part and reversing in part a chancellor’s judgment of divorce, holding there was no error in granting divorce on the grounds of adultery but holding that the chancellor did not properly classify and value certain assets and debts and remanded for proper classification and valuations.
(8-2-0: Wilson and McCarty concurred in part and in the result without separate written opinion.)

PRACTICE POINT – Make the trial court’s job easy! It is good advocacy and it is the humane thing to do.

Watkins v. State, 2021-CP-01301-COA (Civil – PCR)
Affirming denial of PCR motion, holding that all issues were procedurally barred and without merit.
(9-1-0: Emfinger concurred in part and in the result without separate written opinion.)

Groves v. State, 2021-KA-00755-COA (Criminal – Felony)
Affirming conviction of kidnapping and armed robbery, holding that the circuit court did not err in allowing the use of the word “victim” to describe the victim, that the claim of prosecutorial misconduct during closing arguments was procedurally barred and without merit, and that the verdict was supported by substantial evidence and was not against the overwhelming weight of it.
(10-0)/

Gregory Construction Services, Inc. v. Miss. Dept. of Finance and Admin., 2021-SA-00765-COA (Civil – State Boards & Agencies)
Affirming determination that a contractor’s denied construction bid was non-responsive for failing to include a one-page federal form, holding that there were no due process considerations since the plaintiff had no vested property interest in the denied bid and the agencies’ decisions were supported by substantial evidence and reasoning.
(9-0: McCarty did not participate.)

Holloway v. Nat’l Fire & Marine Ins. Co., 2021-CA-01066-COA (Civil – Insurance)
Affirming summary judgment in a bad faith case alleging that a reservation of rights was in bad faith and caused emotional distress even though the carrier ultimately funded a settlement to secure a release of all claims against the insured, holding that the carrier had a legitimate basis for defending under a reservation of rights.
(9-1-0: Westbrooks concurred in result only without separate written opinion.)

Other Orders

Liberty Nat’l Life Ins. Co. v. Hancock, 2021-CA-00605-COA (denying rehearing)

Moreland v. Spears, 2021-CA-00714-COA (denying rehearing)

Lamy v. Lamy, 2021-CA-00770-COA (denying rehearing)

Colburn v. State, 2021-KA-00865-COA (denying rehearing)

Brooks v. Jeffreys, 2021-CA-01113-COA (denying rehearing)

Nunn v. State, 2021-KA-01371-COA (recalling mandate to allow pro se motion for rehearing to proceed on the merits)

MS Concrete and Benchmark Ins. Co. v. Harris, 2022-WC-01095-COA (denying motion for rehearing of dismissal of appeal)

Hunter v. State, 2022-TS-01269-COA (granting motion for reconsideration and denying motion for appointment of counsel)

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Mississippi Supreme Court Decisions of May 4, 2023

The Mississippi Supreme Court handed down three opinions today. One involves where an employee of a police department was entitled to a probable cause hearing, another is a trusts decision on cert that turned on the validity of statute of limitations arguments made for the first time on appeal, and the third is an intentional tort/First Amendment case stemming from a case that was the subject of a popular podcast. The Supreme Court also granted cert in one case.

Wallace v. State, 2022-CA-00119-SCT (Civil – Other)
Affirming the circuit court’s decision denying a probable cause hearing after a police department employee was charged with simple assault of a minor, holding that a law enforcement officer who is not certified under section 45-6-11(3)(a) is not entitled to a probable cause hearing under section 99-3-28(1)(a)(i) and that the defendant was not entitled to a probable cause hearing because he was not within the scope of section 45-6-3(c).
(9-0)

Parker v. Ross, 2020-CT-01055-SCT (Civil – Wills, Trusts & Estates)
Affirming in part and reversing in part the Court of Appeals in a trusts case, holding (1) the trial court did not err by granting a motion to dismissed based on the three-year statute of limitations and that the Court of Appeals erred by reversing that decision based on the ten-year statute of limitations that was raised for the first time on appeal and (2) that the trial court did err in finding that the statute of limitations was not tolled due to disability, affirming the Court of Appeals’ reversal based on sufficiency of evidence of disability.
(8-0: Kitchens did not participate.)

Wagner v. Andreacchio, 2021-IA-01199-SCT (Civil – Torts)
Reversing the trial court’s denial of the defendant’s motion to dismiss claims of intentional infliction of emotional distress, gross negligence, invasion of privacy, and civil conspiracy stemming from the defendant’s publication of portions of an investigative file related to the plaintiffs’ son’s death, holding that the defendant’s publication of public records is constitutionally-protected speech.
(8-1: Griffis dissented)

NOTE – This is the case stems from the death of Christian Andreacchio that was the subject of the first season of the Culpable podcast.

Other Orders

In Re: State Intervention Courts Advisory Committee, 89-R-99039-SCT (appointing or reappointing E. Gregory Snowden, Director of the Administrative Office of the Courts, as Chair of the State Intervention Courts Advisory Committee and the following as members through December 31, 2023: Judge Michael M. Taylor, Judge Winston L. Kidd, Judge Robert Helfrich, Judge Charles E. Webster, Judge Kathy King Jackson, Melody Madaris, Representative Angela Cockerham, Mark Smith, Judge Randi P. Mueller, and Nathan Blevins)

Dampier v. State, 2021-CT-00280-SCT (granting cert)

Scruggs v. Farmland Mutual Insurance Company, 2021-CA-00877-SCT (denying rehearing)

Jarvis v. State, 2021-CT-00930-SCT (denying cert)

Wallace v. State, 2021-CT-01149-SCT (denying cert)

Keys v. Rehabilitation, Inc., 2021-CT-01338-SCT (denying cert)

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Mississippi Court of Appeals Decisions of May 2, 2023

The Mississippi Court of Appeal handed down eight opinions today. There are five direct criminal appeals, two interesting workers’ comp cases, and a contempt proceeding in a divorce case.

Ehrhardt v. State, 2021-KA-01143-COA (Criminal – Felony)
Affirming conviction of child exploitation, holding that the trial court did not err in denying a motion to suppress items found during the execution of a search warrant of the defendant’s home based on staleness and reliability or in denying a motion for mistrial after a State’s witness testified about the lack of a defense expert and gave curative direction and an instruction to the jury, and holding that the verdict was supported by sufficient evidence and not against the overwhelming evidence of it.
(10-0)

Hawthorne v. Mississippi State Hospital, 2022-WC-00040-COA (Civil – Workers’ Comp)
Affirming on direct appeal and cross-appeal, holding that the Commission’s finding that the claimant sustained a 40% loss of industrial use of his left lower extremity was supported by substantial credible evidence and that the Commission was within its discretion to strike the IME doctor’s amended report and order the Employer/Carrier to pay all costs of the doctor’s deposition after having ex parte contact with the doctor in violation of the IME order and did not err in denying a monetary sanction.
(10-0)

Amos v. State, 2022-KA-00171-COA (Criminal – Felony)
Affirming conviction of statutory rape, holding that the admission of testimony of other was waived and/or harmless because the testimony was necessary to provide the jury with the complete story that led to the charges.
(10-0)

Liddell v. State, 2021-KA-00952-COA (Criminal – Felony)
Affirming conviction of second-degree murder, holding that the trial court did not abuse its discretion in denying a motion for mistrial after the prosecutor made multiple public comments about the case to the media.
(10-0)

Wells v. State, 2022-KA-00157-COA (Criminal – Felony)
Affirming conviction of second-degree murder and aggravated assault, holding that the circuit court did not abuse its discretion by limiting cross-examination of witnesses about whether someone else had a gun on the night in question, excluding evidence the defendant argued developed his theory of the case, or in denying a motion for mistrial on the grounds that one juror was confused through out the trial and hard of hearing.
(9-1-0: Westbrooks concurred in part and in the result without separate written opinion)

Manley v. Manley, 2021-CA-00700-COA (Civil – Domestic Relations)
Affirming the chancery court’s judgment in a contempt proceeding following a divorce, holding that the chancellor did not abuse his discretion in awarding payment of back-owed portions of retirement pay and did not err in finding that the father was not entitled to a credit towards his child support obligations for in-kind contributions and thus awarding back-owed child support.
(7-1-2: Emfinger concurred in part and in the result without separate written opinion; Carlton concurred in part and dissented in part, joined by Barnes.)

Parker v. Canton Manor and Mississippi Healthcare Association, 2022-WC-00206-COA (Civil – Workers’ Comp)
Reversing the MWCC’s decision dismissing the claimant’s two claims based on the two-year statute of limitations, holding that the “substantial evidence” standard did not apply because the Commission did not make any finds of fact based on evidence and that the Commission erred by granting a motion to dismiss because the allegations in the Petition on its face stated a claim and the Employer/Carrier presented no evidence to support its affirmative defense.
(8-2-0: Barnes and Westbrooks concurred in result only without separate written opinion)

Practice Point – The Court of Appeals applied the Miss. R . Civ. P. 12(b)(6) standard to the Employer/Carrier’s motion to dismiss. Here is the crux of the opinion (from paragraph 11):

Applewhite v. State, 2022-KA-00290-COA (Criminal – Felony)
Affirming conviction of capital murder and aggravated assault, both with firearm aggravation, holding that the verdict was supported by sufficient evidence and was not against the overwhelming weight of it.
(8-2: Westbrooks dissented, joined by McDonald)

Other Orders

Lofton v. Lofton, 2021-CA-00035-COA (granting appellate attorney’s fees and costs)

Boutwell v. Fairchild, 2021-CA-01046-COA (denying rehearing)

Fox v. State, 2022-KA-00988-COA (denying motion for bail pending appeal)

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Mississippi Supreme Court Decisions of April 27, 2023

The Mississippi Supreme Court handed down two opinions today. Both decisions are 6-3 reversals. One is an appeal of a summary judgment ruling in a slip-and-fall case and the other is an appeal of a zoning decision.

Thomas v. Boyd Biloxi, LLC, 2021-CT-00265-SCT (Civil – Personal Injury)
Reversing the COA’s decision affirming summary judgment in favor of a resort in a slip-and-fall on a pool deck case, holding that two prior falls and evidence that water pooled in the area where the plaintiff fell was sufficient evidence of breach and that there was evidence that a breach of duty proximately caused the fall.
(6-3: Griffis dissented, joined by Coleman and Ishee.)

City of Ocean Springs v. Illanne, 2021-CA-01100-SCT (Civil – State Boards and Agencies)
Reversing the circuit court’s reversal of a City’s zoning decisions, holding that remand was necessary for a hearing to determine whether a zoning applicant was a “petitioner” under Section 11-51-75 such that the failure to name him and give him notice deprived the circuit court of jurisdiction.
(6-3: Coleman dissented, joined by Randolph and Griffis)

Other Order

La Casa I, LLC v. Gottfried, 2021-CT-00347-SCT (denying cert)

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Mississippi Court of Appeals Decisions of April 25, 2023

The Court of Appeals handed down nine opinions today and there is something for just about every practice area. There are two appellate jurisdiction cases, a will contest, a breach of contract case, two direct criminal appeals, a divorce/marital estate division case, a breach of termite contract case, an intra-church lawsuit, and an intentional tort/attorney’s fees case.

Herning v. Lakeview S/C Partners, Ltd., 2021-CA-01427-COA (Civil – Other)
Affirming the circuit court’s dismissal of the defendant’s appeal from summary judgment for the plaintiff entered by the county court, holding that the defendant failed to pay the cost bond for his appeal within the thirty-day time limit so the circuit court lacked jurisdiction.
(8-2: McDonald concurred in part and dissented in part without separate written opinion; Lawrence dissented without separate written opinion.)

Pearson v. Eubanks, 2022-CA-00011-COA (Civil – Wills, Trusts & Estates)
Reversing the chancery court’s dismissal of a will contest, holding that the plaintiffs’ well-pleaded allegations when the filed the will contest provided them stating to contest the will on undue influence grounds.
(10-0)

Lewis v. State, 2021-KA-00472-COA (Criminal – Felony)
Affirming conviction of first and second degree murder, holding:
1. No error in transferring venue that the defendant requested.
2. No error in denying Castle Doctrine and stand-your-ground jury instructions.
3. The doctrine of retroactive misjoinder did not apply.
4. Limiting the defense’s cross-examination of a witness about his pending indictment was harmless error.
5. The objection to the investigator’s testimony about exit wounds was waived.
6. No speedy trial violation (issue raised pro se)
7. No error in denying the motion to quash and dismiss the indictment (issue raised pro se)
8. The State did not commit prosecutorial misconduct (issue raised pro se)
9. No error in allowing the jury to review transcript of the defendant’s recorded statement (issue raised pro se)
10. Evidence was sufficient and the verdict was not against the overwhelming weight of it (issue raised pro se)
(7-3-0: Barnes and Lawrence concurred in part and in the result without separate written opinion; Smith concurred in part and in the result, joined by Barnes and Lawrence.)

Kloss v. Bay Pest Control, Inc., 2021-CA-01117-COA (Civil – Contract)
Affirming summary judgment dismissing breach of termite-prevention contract and negligence claim, holding that the presence of termites alone did not support the breach of contract claim or the negligence claim.
(8-2-0: Westbrooks and McDonald concurred in result only without separate written opinion.)

Underwood v. State, 2021-CP-01123-COA (Civil – Other)
Dismissing direct appeal of a guilty plea for lack of jurisdiction without prejudice.
(10-0)

Christian v. State, 2021-KA-00898-COA (Criminal – Felony)
Affirming conviction of aggravated assault upon receipt of a Lindsey brief and the Court’s review of the record, holding that there were no arguable issues for appeal.
(10-0)

Lewis v. Lewis, 2022-CA-00016-COA (Civil – Domestic Relations)
Affirming the chancery court’s line of demarcation for division of the marital estate and award of alimony, holding that the chancellor was well within her discretion to use a December 2020 temporary order as the line of demarcation rather that the trial date and that the chancellor’s alimony findings were sufficient and her ruling was not ab abuse of discretion.
(10-0)

Miller v. Board of Trustees of Second Baptist Church of Starkville, 2020-CA-01384-COA (Civil – Other)
Reversing a monetary judgment following a jury trial, holding that the board of trustees of a church lacked standing to sue the church’s senior pastor and chairman of its deacons for breach of fiduciary duties and other claims, holding that the board lacked authority to file the lawsuit without the church members’ approval and lacked authority to maintain suit after a majority of members voted against it.
(5-2-3: Westbrooks and Emfinger concurred in part and in the result without separate written opinion; Greenlee dissented without separate written opinion; Barnes dissented, joined by Greenlee and McDonald)

Herbert v. Herbert, 2021-CA-01291-COA (Civil – Domestic Relations)
Affirming on direct appeal and reversing on cross-appeal, holding that the circuit court erred in granting summary judgment on the grounds the affirmative defense of release because that defense had been waived but affirming on de novo review of the merits of claims for intentional infliction of emotional distress, verbal assault, conversion, fraudulent misrepresentation, defamation, and breach of contract, but reversing the circuit court’s denial of attorney’s fees to the defendant and remanded for further proceedings.
(6-1-2: McDonald concurred in result only without separate written opinion; Carlton concurred in part and dissented in part, joined by McDonald; Emfinger did not participate.)

Other Orders

Lofton v. Lofton, 2021-CA-00035-COA (denying rehearing)

Yarborough v. Singing River Health Systems, 2021-CA-00668-COA (denying rehearing)

Buchanan v. State, 2021-CP-01069-COA (recalling mandate so motion for rehearing can proceed on merits)

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Mississippi Supreme Court Decisions of April 20, 2023

The Mississippi Supreme Court handed down four opinions today. There is one med mal case that is a civil procedure/amendment case. There is a decision addressing the application of the “malicious conduct” exception to the peer review and quality assurance privileges. There is also a direct criminal appeal and a foreclosure case. There were also two interesting cert grants.

Franklin County Memorial Hospital v. Fairman, 2021-IA-01283-SCT (Civil – Medical Malpractice)
Affirming denial of a motion to dismiss on statute of limitations grounds, holding that Rule 21 does not require a court order when an amended complaint could otherwise be filed as a matter of course and the amendment merely corrects the misidentification of a defendant and that such an amendment relates back to the date of initial filing.
(9-0)

Rush v. Rush Health Systems, Inc., 2020-IA-01116-SCT (Civil – Contract)
Dismissing and remanding after receiving the trial court’s discovery order entered in response to a prior remand, addressing only a question of law and adopting a standard to determine when a physician is entitled to production of information protected by Sections 41-63-9, -23, and -45 under the malicious conduct exception.
(9-0)

NOTE – Here is the standard in all its glory:

Eaton v. State, 2021-KA-01334-SCT (Criminal – Felony)
Affirming conviction of second-degree murder and aggravated assault, holding that the trial court did not err in admitting a glass pipe into evidence and that the convictions were supported by sufficient evidence and not against the overwhelming weight of it.
(9-0)

WBL SPO I, LLC v. West Town Bank & Trust, 2021-CA-00792-SCT (Civil – Other)
Affirming on direct appeal and cross appeal, holding that a junior creditor had no legal remedy entitling it to “equitable credit” in the form of money damages from the foreclosing creditor in the amount of the difference in the foreclosing creditor’s purchase price and the alleged market value of the property and the dismissal of the foreclosing creditor’s counterclaim for tortious interference with business relations.
(5-4-0: Kitchens concurred in result only, joined by Randolph, King, and Chamberlin)

PRACTICE POINT – You can’t appeal without a ruling, and it’s your job to secure a ruling:

Other Orders

In Re: Mississippi Rules of Criminal Procedure, 89-R-99038-SCT (denying motion to amend Miss. R. Crim. P. 5 and 8 but amending the Miss. R. Crim. P. on the Court’s own motion)

In Re: Administrative Orders of the Supreme Court of Mississippi, 2023-AD-00001-SCT (order directing the disbursement of $189,074.60 in civil legal assistance funds among the MS Center for Legal Services, MS Volunteer Lawyers Project, and North MS Rural Legal Services)

Rush v. Rush Health Systems, Inc., 2020-IA-01116-SCT (denying motion to supplement the record and motion to file exhibits under seal)

Howard Industries, Inc. v. Hayes, 2021-CT-00694-SCT (granting cert)
NOTE – Here is my summary of the 5-4 COA opinion (Wilson wrote the partial dissent).

Loblolly Properties LLC v. Le Papillon Homeowner’s Association Inc., 2021-CT-00767-SCT (granting cert)
NOTE – This is a case I had put on “cert watch” when a fractured COA (3-3-4) affirmed the lower court and a Wilson-penned dissent raised some big issues. Here is my summary of the COA opinion.

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Mississippi Court of Appeals Decisions of April 18, 2023

The Court of Appeals handed down six opinions yesterday. There was one direct criminal appeal, a statute of frauds/equitable estoppel case, an equitable distribution case, and three PCR cases.

Beckworth v. Beckworth, 2022-CA-00048-COA (Civil – Other)
Affirming the chancery court’s ruling in a dispute between siblings over the ownership of a home, holding that the brother who had been evicted by the sister failed to prove the elements of equitable estoppel and therefore he could not get past the statute of frauds.
(10-0)

NOTE – I like this statement on credibility calls:

Cleveland v. State, 2021-CA-01130-COA (Civil – PCR)
Affirming summary denial of a motion for PCR, holding that the petitioner’s first claim was meritless and his second claim was time-barred.
(10-0)

Rutledge v. State, 2022-CP-00513-COA (Civil – PCR)
Affirming denial of a PCR motion, holding that the claim on appeal was procedurally barred because the petitioner sought to challenge the validity of the conviction but had not presented that issue to the trial court.
(10-0)

Johnson v. Johnson, 2021-CA-01080-COA (Civil – Domestic Relations)
Affirming in part and reversing in part the chancellor’s findings on remand for application of the Ferguson factors to equitable distribution, holding that the chancery court did not abuse its discretion by awarding her lump-sum alimony or 45% of his military pension, but sua sponte addressing an incorrect calculation of the percentage of military survivors benefits awarded and reversing/rendering on that issue.
(10-0)

Jackson v. State, 2022-CP-00325-COA (Civil – PCR)
Affirming the trial court’s dismissal of a PCR motion, holding that the circuit court properly dismissed the claim for lack of jurisdiction because the petitioner failed to obtain permission from the Supreme Court.
(10-0)

McClusky v. State, 2022-KA-00115-COA (Criminal – Felony)
Affirming conviction of fondling, holding that the trial court did not abuse its discretion in allowing the State to introduce testimony of prior abuse to show lack of mistake or in allowing the state to question the defendant about pornographic material on his cell phone for impeachment purposes.
(10-0)

Other Order

Clark v. Vicksburg Healthcare, LLC, 2021-CA_00173-COA (denying rehearing)

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