Category: Hand Down Summaries

Mississippi Court of Appeals Decisions of April 11, 2023

The Mississippi Court of Appeals handed down six opinions today (eight, if you count each of the three PCR cases that were consolidated). The list starts off PCR heavy, but then we pick up a reverse-Batson/criminal appeal, a personal injury/borrowed servant case, and a defamation case.

Simoneaux v. State, 2022-CP-00532-COA (Civil – PCR)
Affirming the circuit court’s order dismissing the plaintiff’s third PCR motion, holding that there was no error in finding that the PCR motion was successive and time-barred.
(9-0: McCarty did not participate)

Holliday v. State, 2022-CA-00149-COA (Civil – PCR)
Affirming denial of PCR motion, holding that the circuit court did not err in denying the petition claiming ineffective assistance of counsel based on the plaintiff’s knowing and voluntary guilty plea.
(9-0: Smith did not participate)

Blackmore v. State, 2021-CA-00743-COA (Civil – PCR)
consolidated with
White v. State, 2021-CA-00744 COA
consolidated with
Traxler v. State, 2021-CA-00769-COA
Affirming denials of motions in three separate cases arguing that the plaintiffs’ classifications as violent offenders was unconstitutional, holding that Tenth Amendment reserved to Mississippi the right to define DUI as a crime of violence and that enactment of section 97-3-2 superseded the holding in Smith v. State, 942 So. 2d 308 (Miss. Ct. App. 2006), expressly overruling Smith.
(9-0: Emfinger did not participate)

Smith v. State, 2021-KA-01003-COA (Criminal – Felony)
Affirming first-degree murder conviction, holding that the trial court did not err in returning four jurors back to the venire after a “reverse-Batson challenge” by the State or in admitting autopsy photos.
(7-3: McCarty concurred in part and dissented in part, joined by Westbrooks and McDonald; Westbrooks and McDonald also concurred in part and dissented in part without separate written opinion)

Dawson v. Burgs, 2021-CA-01038-COA (Civil – Personal Injury)
Affirming summary judgment in favor of the defendants where the plaintiff was allegedly injured by a coworker, holding the plaintiff (an employee of the defendant temporary staffing agency) was a “borrowed servant” of Dollar General and therefore the alleged tortfeasor (who was an employee of Dollar General) was immune for suit under the MWCA which precluded his direct liability and the staffing agency’s vicarious liability.
(8-2: Westbrooks dissented joined by McDonald)

NOTE – This is a good reminder that substance prevails over form prevail when classifying someone as an “employee” or “independent contractor”:

Fagan v. Faulkner, 2022-CA-00130-COA (Civil – Torts)
Reversing bench trial verdict for the plaintiff in a defamation case, holding that an obscene outburst by a surgeon directed at a nurse were not actionable as slander per se because the evidence did not show the surgeon spoke them in relation to the nurse’s capability to perform her job.
(6-4: McCarty dissented, joined by Carlton, Westbrooks, and McDonald; McDonald also dissented without separate written opinion)

Other Orders

Thomas v. State, 2021-CP-00060-COA (granting motion to recall mandate)

Rhea v. Career General Agency, Inc., 2021-CA-00580-COA (denying rehearing)

Davis v. State, 2021-KA-00759-COA (denying rehearing)

Hull v. State, 2022-CP-00088-COA (recalling mandate and accepting petition for rehearing as timely)

Hand Down List

Mississippi Court of Appeals Decisions of April 4, 2023

I am playing catch-up because my paying work had me preoccupied last week. The Mississippi Court of Appeals handed down seven opinions last Tuesday. There were a couple of direct criminal appeals, an alimony case, an appeal of a $2.8M auto liability verdict, a couple of PCR cases, and an appeal of an MDOC issue.

Gillenwater v. Redmond, 2021-CA-01378-COA (Civil – Domestic Relations)
Affirming modification of alimony, holding that chancellor did not abuse her discretion by reducing (but not terminating) the alimony obligation based on the ex-wife’s cohabitation and mutual support.
(8-1-0: Westbrooks concurred in the result only without separate written opinion; Judge Lawrence did not participate.)

Tubwell v. State, 2022-KM-00342-COA (Criminal- Misdemeanor)
Affirming conviction of violating the child-restraint laws, holding that there was sufficient evidence to support the conviction where there were two adults and three children in a single-cab pickup and one child was sitting in the driver’s lap.
(8-2-0: McDonald concurred in part and in the result without separate written opinion; Westbrooks concurred in the result only without separate written opinion.)

Winters v. State, 2022-CP-00435-COA (Civil – PCR)
Affirming dismissal of PCR motion, holding that the circuit court did not err in finding that the motion was time-barred, successive, and without merit.
(10-0)

Williamson v. State, 2021-KA-00830-COA (Criminal – Felony)
Affirming conviction of burglary of a dwelling, burglary of a shed, and trafficking stolen firearms, holding that the evidence was sufficient and that the verdict was not against the weight of it and that there was no error admitting evidence of other crimes, in denying a motion to suppress evidence obtained in a search of the defendant’s home, in denying a motion for continuance, or in not halting trial during a power outage.
(10-0)

Everett v. State, 2021-CP-01385-COA (Civil – PCR)
Affirming the denial of a PCR motion, holding that the illegal sentence claim was time-barred and without merit and that the claim regarding earned-discharged credits was properly dismissed because that claim should have been filed in the venue where the plaintiff is housed.
(8-1-0: No separate opinions – Westbrooks concurred in result only and Smith did not participate)

Robinson v. MDOC, 2022-CP-00018-COA (Civil – State Boards & Agencies)
Affirming denial of petition for judicial review after the petitioner was denied a request to participate in the Meritorious Earned TIME Incentive Program, holding that the circuit court did not err in finding that the court lacked personal jurisdiction because MDOC had not been given notice of the appeal and that the petitioner failed to exhaust his administrative remedies.
(8-2-0: No separate opinions – McCarty concurred in part and in the result and McDonald concurred in result only.)

Kirk v. Newton, 2021-CA-00684-COA (Civil – Tort)
Affirming a nearly $2.8 million verdict in an auto liability case, holding that the question of who caused the accident was a fact issue for the jury, that there was no evidence of bias, passion, or prejudice to show that the award should be reduced or set aside, and that there was no error in using national average for wage calculation that was lower than the plaintiff’s actual wages where the jury heard both sides from experts and weighed their credibility.
(8-1-1: Wilson concurred in part and in the result without separate written opinion; Greenlee dissented.)

NOTE – I do not think this case represents the departure from Rebelwood that I thought it would when I was first reading it. My take is that the fact that the national average figure used by the plaintiff was less than the actual wage-earning history was critical to this decision.

Other Orders

$41,080 v. State, 2021-CA-00692-COA (denying rehearing)

Durant Healthcare, LLC v. Garrette, 2021-CA-00823-COA (denying rehearing)

Owens v. State, 2021-KA-000887-COA (denying rehearing)

The Banking Group, Inc. v. Southern Bancorp Bank, 2021-CA-01077-COA (denying rehearing)

Hand Down List

Mississippi Supreme Court Decisions of March 30, 2023

The Mississippi Supreme Court handed down one opinion today in a criminal case along with one disbarment.

Willard v. State, 2022-KA-00339-SCT (Criminal – Felony)
Affirming conviction of possession of meth and sentencing as a habitual offender, holding that the trial court did not clearly err by striking two members of the venire for cause and that any error committed by sustaining the State’s objection to continuing a line of questioning on the contents of a hearsay report not prepared by the witness was harmless.
(9-0)

NOTE – The two potential jurors were struck for cause as a result of saying they were unwilling to convict on the testimony of a law enforcement officer alone.

Other Orders

Mississippi Bar v. Patrick, 2022-BD-01093-SCT (disbarring attorney in lieu of requested indefinite suspension)

Howell v. State, 2020-CA-00868-SCT (denying rehearing)

Hand Down List

Mississippi Court of Appeals Decisions of March 28, 2023

The Mississippi Court of Appeals handed down two decisions yesterday. One case is a putative derivative action against a property owners association board and the other is a worker’s comp case involving compensability and loss of wage-earning capacity.

Feola v. Marthouse, 2021-CA-01078-COA (Civil – Other)
Affirming in part and reversing in part the chancellor’s dismissal of a putative derivative action against the board of directors of a property owners association, agreeing with the chancellor that the amended complaint was not properly verified and properly dismissed but reversing the award of attorney’s fees because the suit was not frivolous.
(10-0)

Parker v. Mississippi Dept. of Health, 2022-WC-00552-COA (Civil – Workers’ Comp)
Affirming the MWCC, holding that there was substantial evidence supporting the Commission’s ruling that that the claimant did not sustain an compensable right-shoulder injury and that the claimant overcame the presumption of no loss of wage-earning capacity but only proved a 15% loss.
(8-2: Westbrooks dissented, joined by McDonald.)

Other Orders

Lowe v. State, 2019-KA-01621-COA (denying pro se “motion for leave to proceed with extension to file rehearing out of time as a result of excusable neglect of counsel”)

Watts v. Watts, 2021-CA-00321-COA (denying rehearing)

Burchett v. State, 2021-KA-00776-COA (denying rehearing)

MS Concrete v. Harris, 2022-WC-01095-COA (granting motion to dismiss appeal as interlocutory)

Hand Down List

Mississippi Court of Appeals Decisions of March 21, 2023

The Mississippi Court of Appeals handed down four opinions on Tuesday. It was an eclectic mix, including a workers’ comp case, a dysfunctional two-member LLC , a wrongful death case against a sheriff’s deputy, and an inmate’s request for removal of a rule violation report.

Holloway v. King, 2021-CP-01351-COA (Civil – State Boards and Agencies)
Affirming the circuit court’s decision that affirmed the denial of an inmate’s request for the removal of a rule violation report, holding that the circuit court did not have jurisdiction because the petitioner did not comply with the notice requirements of UCRCCC 5.04.
(6-4: McCarty dissented, joined by Westbrooks, McDonald, and Lawrence.)

Myrick v. UMMC, 2021-WC-01401-COA (Civil – Workers’ Comp)
Affirming MWCC order, holding that there was substantial, credible evidence to support the Commission’s finding that the Employer/Carrier overcame the presumption of permanent total disability and that the claimant’s post-injury back surgery was not related to her compensable back injury.
(7-3-0: Westbrooks, McDonald, and McCarty concurred in part and in the result without separate written opinion.)

Colson v. Warren, 2021-CA-01408-COA (Civil – Other)
Affirming on direct and cross appeal the chancery court’s decisions denying a claim to dissolve a two-member LLC, holding that the two members should cooperate in drafting and implementing an operating agreement and opening a bank account to deposit rental revenue checks payable to the LLC that had been piling up.
(9-1-0: Wilson concurred in part and in the result without separate written opinion.)

Renfroe v. Parker, 2021-CA-01048-COA (Civil – Wrongful Death)
Affirming summary judgment in favor of the law-enforcement defendants in a wrongful death suit after a suspect was killed by a deputy, holding:
1. Res judicata did not bar the plaintiff’s state law tort claims after the federal district court dismissed her 1983 claims with prejudice and her state law claims without prejudice.
2. The deputy and the sheriff were entitled to immunity on the official-capacity claims
3. Collateral estoppel barred the claims for IIED, assault, and battery because the federal district court found that the deputy’s use of force was “objectively reasonable.”
4. Even if collateral did not bar the IIED, assault, and battery claims, the plaintiff did not come forward with evidence to defeat summary judgment.
(7-2: McDonald concurred in part and dissented in part, joined by Westbrooks. Judge Emfinger did not participate.)

NOTE – According to testimony, the deputy shot the suspect after the suspect charged at the deputy, withstood a taser (pulling the electrodes out of his chest), had a physical altercation with the deputy, and then charged at the deputy a second time. The fact that the suspect did this while wearing pajama pants did not sway the courts at any level.

Other Orders

Green v. State, 2021-KA-01019-COA (rehearing denied)

Hand Down List

Mississippi Supreme Court Decisions of March 16, 2023

The Mississippi Supreme Court handed down six opinions today. Like the Court of Appeals on Tuesday, the Supreme Court’s decisions were all unanimous but appellants batted .500 at the Supreme Court. Today’s decisions include a med mal expert case, a board of aldermen case, a municipal boundaries case, an “intimately connected doctrine” premises case, an alienation of affection case, and a mortmain laws case.

UMMC v. Kelly, 2022-IA-00034-SCT (Civil – Medical Malpractice)
Reversing denial of summary judgment to UMMC, holding that the trial court abused its discretion in finding the plaintiff’s expert physician was qualified in the areas of treating impact injuries and infections where the parties agreed the doctor was a licensed ER doctor but the plaintiff did not produce a CV.
(9-0)

City of Canton, Mississippi Board of Aldermen v. Slaughter, 2021-CA-01210-SCT (Civil – State Boards and Agencies)
Affirming the circuit court’s reversal of Board of Aldermen’s decision to remove two members of the Canton Municipal Utilities Commission, holding that the commissioners were deprived of procedural due process when the mayor vetoed the issuance of notice and opportunity to be heard and that veto was not overridden by the BOA.
(9-0)

City of Jackson v. City of Pearl, 2021-AN-01422-SCT (Civil – Municipal Boundaries & Annexation)
Affirming the circuit court’s voidance of the City of Jackson’s ordinance that would incorporate land around JAN, holding that Jackson failed to obtain consent of the Rankin County Board of Supervisors before passing the ordinance.
(9-0)

White v. Targa Downstream, LLC, 2022-CA-00020-SCT (Civil – Personal Injury)
Reversing summary judgment for a premises owner, holding that the intimately connected doctrine does not give immunity to a premises owner when there is a fact issue regarding whether the premises owner created a dangerous condition and whether the independent contractor had actual or constructive notice of the condition.
(9-0)

NOTE – Here is the Court’s Conclusion:

Davis v. Davis, 2020-CA-01304-SCT (Civil – Torts-Other)
Reversing jury award in an alienation of affection case, holding that the claim was barred by the statute of limitations and the plaintiff failed to request proper jury instructions on damages.
(7-2-0: Chamberlin specially concurred joined by Griffis)

NOTE – Chamberlin’s special concurrence called for the abolition of the tort of alienation of affection.

Mississippi Baptist Foundation v. Fitch, 2022-CA-00065-SCT (Civil – Wills, Trusts & Estates)
Affirming the trial court’s grant of summary judgment to heirs, holding that MBF had a possessory interest over a mineral interest as trustee, that the trustor’s death triggered the 10-year portion of the mortmain laws, and MBF failed to protect its alleged rights during that period and could not assert the forty years later.
(9-0)

Other Orders

Gardner v. Jackson, 2020-CT-01313-SCT (cert denied)

McGillberry v. Ross, 2021-CT-01076-SCT (cert denied)

Hand Down List

Mississippi Court of Appeals Decisions of March 14, 2023

The Mississippi Court of Appeals handed down seven opinions today. There was nary a dissent, but a conviction of child exploitation was reversed. The are other felony opinions, two divorce cases, a contract case involving a defunct LLC, and a PCR case.

Nunn v. State, 2021-KA-01371-COA (Criminal – Felony)
Affirming conviction of having meth within 1,500 feet of a church, holding that the trial court did not abuse its discretion in denying the defendant’s motion for mental competency evaluation where the trial court twice held a hearing to determine whether the defendant understood and appreciated the significance of the trial proceedings and had the ability to rationally aid in his defense or in denying the defendant’s entrapment instruction.
(10-0)

Singh v. State, 2022-CP-00273-COA (Civil – PCR)
Affirming denial of PCR motion, holding no error in revoking post-release supervision since the plaintiff absconded from supervision.
(10-0)

Williams v. Williams, 2021-CA-00758-COA (Civil – Domestic Relations)
Affirming judgment of divorce, holding that the chancellor’s valuation of the marital residence was based on evidentiary support in the record.
(10-0)

Wakefield v. State, 2021-KA-00187-COA (Criminal – Felony)
Affirming conviction of accessory after the fact to murder, to kidnapping, and to auto theft, holding:
1. The circuit court had jurisdiction because it sat in one of the counties where the crimes were committed;
2. That the convictions did not violate the Double Jeopardy Clause even though the defendant gave just one car ride because he was an accessory to three distinct felonies so the merger doctrine did not apply;
3. That there was no error based on the weight or sufficiency of the evidence;
4. That the indictment was not defective for failing to include “intent” where it did include “willfully;” and
5. That there was no error in admitting autopsy and crime scene photos.
(8-1-0: McDonald concurred in result only without separate written opinion; Emfinger did not participate)

NOTE – These convictions stemmed from the kidnapping and murder of six-year-old Kingston Frazier in 2017.

Holmes v. Lankford, 2022-CA-00203-COA (Civil – Contract)
Affirming summary judgment for the defendant in a dispute over a sand and gravel operation agreement, holding that the plaintiff did not have standing to enforce the agreement that was between the defendant and the plaintiff’s administratively dissolved LLC and that the plaintiff did not otherwise show he was entitled to relief.
(10-0)

NOTE – Conducting business through an LLC can cut both ways:

Mason v. State, 2021-KA-00964-COA (Criminal – Felony)
Reversing conviction of child exploitation, holding that the trial court erred in denying funds for an independent computer forensics expert because the State’s witness/detective should have been considered an expert and that this error hindered the defendant’s jurisdictional challenge and led to evidentiary errors that contributed to an unfair trial.
(7-3-0: Wilson, Smith, and Emfinger concurred in part and in the result)

Moss v. Moss, 2021-CA-00452-COA (Civil – Domestic Relations)
Modified opinion on motion for rehearing affirming the chancellor’s decision granting the wife divorce on the ground of habitual cruel and inhuman treatment, holding that there was substantial evidence to support that finding (read the facts for yourself if you have doubts), that the subject matter of wife’s expert’s opinions was adequately disclosed and was not even a basis for the chancellor’s decision, and the husband’s claim for separate maintenance was moot since the divorce was affirmed.
(9-0)

Other Orders

Hornsby v. Hornsby, 2020-CA-01091-COA (dismissing motion for attorney’s fees)

Blount v. State, 2021-KA-00204-COA (denying rehearing)

Mayberry v. Cottonport Hardwoods, 2021-CA-00246-COA (denying rehearing)

Anderson v. State, 2021-KA-01340-COA (granting pro se motion for extension of time to file motion for rehearing and recalling mandate)

Easterling v. State, 2022-CA-00796-COA (vacating circuit court’s order and rendering judgment dismissing motion for PCR)

Hunter v. State, 2022-TS-01269-COA (dismissing appeal as untimely)

Hand Down List

Mississippi Supreme Court Decisions of March 9, 2023

The Mississippi Supreme Court handed down three opinions today and not one is pedestrian. The first involves whether the loser in an insurance coverage dec action can come back after the mandate in the dec action and after being vindicated in the underlying liability action, to get relief under Rule 60(b) from the no-coverage judgment. In the next case, the Court weighs in on the Jackson mayor’s attempt to veto the city council’s inaction on the garbage collection contract. The third case is an appeal of an order of contempt and order denying recusal after the attorney failed to appear at trial after representing to the circuit court that he had Covid.

Scruggs v. Farmland Mut. Ins. Co., 2021-CA-00877-SCT (Civil – Insurance)
Affirming the circuit court’s denial of a Rule 60(b) motion, holding that the mandate rule deprived the circuit court of jurisdiction to entertain a Rule 60(b) motion twenty years after the Supreme Court’s opinion and mandate.
(9-0)

CONTEXT – The facts make this ruling a bit more interesting than the holding suggests. Many years go, the plaintiffs (Scruggses) lost an insurance coverage dec action in state court 20 years ago. Coverage had been denied because the Scruggses were accused of committing intentional acts by Monsanto. The Scruggses then prevailed in Monsanto’s federal lawsuit against them. I’ll let the Supremes take it from here:

Lumumba v. City Council of Jackson, 2022-CA-00855-SCT (Civil – State Boards and Agencies)
Affirming the special chancellor’s summary judgment in favor of the city council in this episode of Jackson’s garbage-collection saga, holding that the mayor did not have legal authority to veto a non-action or negative vote of the city counsel the city council’s non-ratification of the garbage collection contract presented by the mayor.
(9-0)

NOTE – The Court also held that the trial court did not err in allowing the city council to admit exhibits (public records that had been produced to the mayor) at the MSJ hearing that were not yet filed in the record of that case and that the chancellor did not err in denying the mayor’s motion for additional findings because the mayor could not both object to the court’s consideration of the city council’s exhibits while also asking the court to consider the mayor’s extrinsic evidence.

In Re: Ali M. Shamsiddeen, 2021-CA-01217-SCT (Civil – Other)
Affirming order of contempt and order denying recusal, holding that the trial court did not err in finding defense counsel in contempt for failing to appear at a pretrial conference (in person or virtually, after being given that opportunity) or at the trial because defense counsel said he had COVID but only provided a vague medical excuse and quarantine order but refused to provide medical documentation of the diagnosis.
(7-2: Kitchens dissented, joined by King)

NOTE – Here is the email the attorney sent to the court on the eve of trial.

Other Orders

In Re: Local Rules, 89-R-99015-SCT (granting motion to amend Tenth Chancery Court District’s local rules)

Shannon v. Shannon, 2020-CT-00847-SCT (dismissing previously-granted cert sua sponte)

Simmons v. Jackson County, 2020-CT-01014-SCT (denying cert)

Young v. Freese & Goss PLLC, 2020-CT-01280-SCT (denying cert)

Boyd v. State, 2021-CT-00066-SCT (denying cert)

Turner & Associates P.L.L.C. v. Estate of Watkins, 2021-CT-00258-SCT (denying cert)

Hand Down List

Mississippi Court of Appeals Decisions of March 7, 2023

The Mississippi Court of Appeals handed down ten opinions on Tuesday with something for everyone. We have divorce, tax appeals, alleged deed forgeries, criminal convictions, wrongful death, a town without standing, an inmate requesting a CD of his trial transcript after receiving a paper copy, and (of course) a PCR case. The wrongful death opinion has an extended discussion of the proximate cause element and offers some clarification into what that element entails.

Johnson v. Johnson, 2021-CA-01354-COA (Civil – Domestic Relations)
Affirming in part and reversing in part a grant of divorce, holding that the chancellor did not err in granting divorce on the grounds of cruel and inhuman treatment but reversing and remanding based on the lack of findings as to classification, valuation, and distribution of the parties’ property.
(10-0)

Wilson v MDOC, 2021-SA-01393-COA (Civil – Other)
Affirming the trial court’s order that granted an inmate’s request for a paper copy of this trial transcript mailed to him but denied his request to have a CD of the record mailed to the inmate’s mother.
(10-0)

Hopes v. State, 2022-KA-00031-COA (Criminal – Felony)
Affirming conviction of armed robbery, holding that the defendant’s ineffective-assistance claim was more appropriate as a PCR motion, that convictions for armed robbery and possession of a stolen firearm did not violate the Double Jeopardy Clause, that the trial court properly refused a lesser-included offense, and that the evidence was sufficient to support the armed robbery conviction.
(10-0)

McDowell v. State, 2021-CA-01381-COA (Civil – PCR)
Affirming post-Miller re-sentencing to life without eligibility for parole, holding that the defendant was not entitled to re-sentencing by a jury and that the trial court did not abuse its discretion in examining and considering the Miller factors.
(10-0)

McCoy v. MDOR, 2022-SA-00033-COA (Civil – State Boards and Agencies)
Affirming the chancery court’s granting the DOR and Tax Appeals Board’s motions to dismiss challenging an assessment increasing taxable income a prior tax year, holding that the assessment was properly issued within the three-year statute of limitations and that the Tax Appeals Board was improperly named as a party.
(10-0)

Hill v. Pine View Apartments, 2022-CP-00302-COA (Civil – Real Property)
Affirming a judgment of eviction, holding that the tenant waived her right to argue that the landlord waived its right to evict her because it accepted rent post-breach because she did not present any proof at the circuit court.
(10-0)

Catlett v. Catlett, 2021-CA-01071-COA (Civil – Real Property)
Affirming the chancellor’s rulings following a trial on whether the foreclosure on real property was void due to alleged forgery of the wife’s signature on the deed, holding that although the evidence showed the signature was more likely than not a forgery the chancellor’s ruling was not unreasonable in light of the notarial presumption.
(9-1-0: Wilson concurred in part and in the result without separate written opinion.)

Smith v. Minier, 2021-CA-01284-COA (Civil – Wrongful Death)
Reversing dismissal on summary judgment of a wrongful death claim where the decedent died of chronic liver failure five months after a car wreck, holding that there was a fact question as to whether the other driver’s actions were the proximate cause of the decedent’s use of pain medication, misuse of pain medication, and resulting death.
(7-3-0: Carlton, Wilson, and Emfinger concurred in part and in the result without separate written opinion.)

PRACTICE POINT – This is a must-read if you handle negligence claims. The Court of Appeals confessed occasional, prior inconsistencies in the Court’s use of the term “proximate cause” and took the opportunity to clarify:

Regarding the instant case, the Court held:

Board of Aldermen v. State, 2021-CA-00880-COA (Civil – State Boards and Agencies)
Affirming dismissal of a claim by the town seeking a declaratory judgment that aldermen acted in good faith when approving payments to certified part-time law enforcement officers after the State Auditor made a demand to the aldermen, holding that the town lacked standing because the the OSA had made the demand for the benefits of the town and had returned the recovered money to the town.
(9-1-0: McDonald concurred in result only without separate written opinion.)

NOTE – This case involved a game of “Who is actually the plaintiff?” The Complaint listed the plaintiff as “Board of Aldermen of the Town of Tutwiler, Mississippi” but the Court held that the town itself was actually the plaintiff:

Barden v. State, 2021-KA-01327-COA (Civil – Felony)
Affirming murder conviction and denial of JNOV or new trial, holding after receiving a Lindsey brief and independently reviewing the record that the evidence was sufficient to support the conviction, no arguable issues that would require supplemental briefing, and no issues that warranted reversal.
(10-0)

Other Orders

Price v. State, 2019-KA-01890-COA (denying rehearing)

King v. State, 2021-CA-01145-COA (denying rehearing)

Hand Down List