Category: Supreme Court

Mississippi Appellate Decisions of September 6 and September 8, 2022

I was out of the office for an extracurricular conference on Tuesday. (I will issue a full refund for my failure to timely deliver those summaries.) All we got from the Mississippi Supreme Court this week is a rehearing denial and a denial of an application for post-conviction collateral relief. I have written even-shorter-than-normal snapshots of the Court of Appeals decisions below, which turned out to be almost entirely PCR and state boards and agencies decisions.

Supreme Court Orders of September 8, 2022

Chatman v. State, 2016-M-00424 (denying application for post-conviction collateral relief and warning that future filings deemed frivolous may result in sanctions and restrictions on filing in forma pauperis)

Russell v. State, 2019-CT-01670-SCT (denying rehearing)

Supreme Court Hand Down List

Court of Appeals Decisions of September 6, 2022

Burns v. State, 2021-KA-00310-COA (Criminal – Felony)
Affirming conviction of possession of meth and sentencing, holding that the verdict was not against the overwhelming weight of the evidence that the trial court did not err in refusing the defendant’s instruction on possession, and denying the pro se argument that he received ineffective assistance without prejudice.
(10-0)

Caston v. State, 2021-CA-00397-COA (Civil – PCR)
Affirming denial of PCR motion, holding that the plaintiff waived the right to challenge proportionality by pleading guilty and, in any event, failed to prove gross disproportionality.
(10-0)

Nguyen v. Bui, 2021-CP-00538-COA (Civil – Real Property)
Affirming the chancery court’s judgment mandating specific performance of a real estate contract, holding that the appellant’s argument did not raise issues of reversible error, lacked citation to authority, and were beyond the scope of appellate review.
(10-0)

Beasley v. State, 2021-CA-00653-COA (Civil – PCR)
Affirming denial of the plaintiff’s PCR motion, holding that the plaintiff failed to meet the two-prong Strickland test required to establish ineffective assistance of counsel.
(9-0: Judge Emfinger did not participate)

Norwood v. State, 2021-CA-00802-COA (Civil – PCR)
Affirming denial of the plaintiff’s PRC motion, holding that the plaintiff did not prove that his due process rights were violated or that he received ineffective assistance of counsel.
(10-0)

Roberts v. State, 2021-CA-00998-COA (Civil – PCR)
Affirming the circuit court’s denial of the plaintiff’s motion for PCR, holding that the plaintiff’s claim as to the voluntariness of his guilty plea was procedurally barred and meritless and that his claim of ineffective assistance of counsel was meritless.
(10-0)

Wilson v. City of Greenville, 2021-CA-00316-COA (Civil – State Boards and Agencies)
Affirming the circuit court’s dismissal of the plaintiff’s untimely appeal of the Greenville City Council’s decision to accept and enforce his resignation as police chief and in granting the City’s replevin action for city equipment in the plaintiff’s possession and denying the plaintiff’s counterclaim and motions to dismiss/stay, holding that the City’s decision was supported by substantial, credible evidence and that the circuit court committed no error.
(8-1-0: Judge Wilson concurred in result only without separate written opinion; Judge Westbrooks did not participate)

Thomas v. PERS, 2021-SA-00375-COA (Civil – State Boards and Agencies)
Affirming the circuit court’s judgment affirming the PERS Board, holding that the Board’s decision that the plaintiff failed to prove she could no longer perform her duties as a bus aid as a result of her workplace accident was supported by substantial evidence and was not arbitrary or capricious.
(10-0)

Laurel School District v. Lanier, 2021-CA-00384-COA (Civil – State Boards and Agencies)
Affirming the chancery court’s decision dismissing the plaintiff’s complaint against the school district stemming from the school district’s failure to conduct a nonrenewal hearing, holding that the chancery court had jurisdiction to consider the complaint seeking relief for due process violations and to dismiss the claim so the plaintiff could obtain the hearing he had been denied.
(7-3: Judge Westbrooks dissented, joined by Chief Judge Barnes and Judge McDonald)

Other Court of Appeals Orders

Brewer v. Kemp, 2020-CA-00214-COA (denying rehearing)

Court of Appeals Hand Down List

Mississippi Supreme Court Decisions of September 1, 2022

The Mississippi Supreme Court handed down three opinions today. Two are criminal cases (one affirmed and one reversed/remanded over a speedy trial issue and resentencing). The other is a breach of contract case with a tough result for a law firm stuck with the tab after dealings with the State Auditor’s office (while under previous management).

Haymon v. State, 2021-KA-00240-SCT (Criminal – Felony)
Affirming Pernell and Haymon’s convictions of armed robbery, kidnapping, and aggravated assault, holding that the circuit court did not err in denying Pernell’s motion for directed verdict and/or motion for new trial because the evidence was sufficient and the verdict was not against the overwhelming evidence or in denying her request for a lesser included offense jury instruction for simple assault, and that the circuit court did not err in denying Haymon’s motion to suppress a photo identification lineup over the defendant’s arguments that an officer tainted the procedure by providing the witness with the defendant’s name and that the features of the individuals used in the lineup were suggestive.
(9-0)

NOTE – On the issue of whether it was error to the lesser included instruction on simple assault, the Supreme Court explained that aggravated assault occurs when there is assault with a deadly weapon and that severity of the injury is irrelevant:

White v. Jernigan Copeland Attorneys, PLLC, 2020-IA-01404-SCT (Civil – Contract)
Reversing the circuit court’s denial of the Office of the State Auditor’s motion for summary judgment in a suit filed by a law firm seeking damages for a judgment it had to pay a public-relations firm that the law firm contracted with at the direction of then Auditor Pickering, holding that the retention agreement between the OSA and the law firm was void for lack of statutory compliance and that the law firm’s equitable claims against the OSA were barred by the MTCA’s statute of limitations, sticking the law firm with the (substantial) tab from the PR firm it contracted with at Pickering’s direction in anticipation of filing a suit that Pickering decided not to file.
(8-1-0: Chief Justice Randolph concurred in the result only without separate written opinion)

NOTE – This result is brutal. Pickering provided an affidavit to support the law firm’s quest to have the OSA pay the damages but the outcome of the case was controlled by statutes.

Ward v. State, 2021-KA-00664-SCT (Criminal – Felony)
Reversing the circuit court and remanding for a speedy trial-analysis and (assuming no violation is found) re-sentencing, holding that the circuit court did not conduct a proper analysis of the Barker factors when it denied the defendant’s motion to dismiss for lack of a speedy trial and erred in sentencing the defendant as a habitual offender because the proper evidence of the prior convictions was not admitted into evidence.
(7-2: Justice Maxwell concurred in part and dissented in part on the resentencing issue, joined by Justice Griffis)

COVID ADDENDUM – The COVID pandemic accounted for part of the delay in bringing this case to trial, but the Supreme Court explained that blaming COVID does not cure all delay:

Other Orders

In Re: Rules of Discipline for the Mississippi Bar, 89-R-99010-SCT (reappointing Hon. Johnnie McDaniels, Mack A. Reeves, Amy K. Taylor, Hon. Jennifer T. Schloegel, Renee M. Porter, Henry B. Zuber III, Hon. H. Craig Treadway, Jason D. Herring, and Rachel Pierce Waide to three-year terms as members of the Complaint Tribunals)

Shannon v. Shannon, 2020-CT-00847-SCT (granting cert) (COA opinion summary and link here)

Hand Down List

Mississippi Supreme Court Decisions of August 25, 2022

After a full day of lawyering on the road, here are my summaries of today’s decisions from the Mississippi Supreme Court. There is a decision in a dispute between a report and the Secretary of State over use and development of tidelands, a decision in a reimbursement dispute between the Division of Medicaid and a nursing home, and a decision in a workers’ comp bad faith case analyzing whether a compromise settlement of a comp claim on a denied basis constituted an exhaustion of administrative remedies.

State v. Long Beach Harbor Resort, LLC, 2021-CA-00430-SCT (Civil – State Boards and Agencies)
Affirming the chancery court’s grant of summary judgment in favor of the resort, holding that the Secretary of State’s lease with the city related to development and use of tidelands had ratified a prior lease between the city and the resort and therefore the State had no right to require the resort to enter into a separate tidelands lease.
(9-0)

Mississippi Division of Medicaid v. Yalobusha County, 2021-SA-00030-SCT (Civil – State Boards and Agencies)
Reversing the chancery court’s ruling in a dispute between the DOM and a nursing home over costs the facility submitted for reimbursement on its Medicaid cost report, holding that the DOM correctly interpreted statutes and its decisions denying the costs at issue were supported by substantial evidence.
(7-2: Justice Griffis dissented, joined by Justice Maxwell)

Thornhill v. Walker-Hill Environmental, 2020-CT-01181-SCT (Civil – Torts/Bad Faith)
Affirming the Court of Appeals’ decision reversing the circuit court’s dismissal of the plaintiff’s workers’ comp bad faith suit, holding that the plaintiff’s 9(I) settlement of his workers’ comp claim without a finding of compensability constituted an exhaustion of his administrative remedies and the circuit court therefore had jurisdiction to hear the bad faith claim.
(9-0)

ADDENDUM – A point of contention in Thornhill was the Supreme Court’s prior holding in Miss. Power & Light Co. v. Cook, 832 So. 2d 474 (Miss. 2002). In Cook, the Supreme Court held that a 13(j) indemnity-only settlement under Miss. Code Ann. § 71-3-37(10) constituted exhaustion of administrative remedies. The Employer/Carrier in Thornhill argued that Cook did not apply in this case because the plaintiff in Thornhill had settled on a compromise basis and compensability was never admitted or determined by the Commission. But the Court of Appeals dug into the record in Cook and determined that the Supreme Court in Cook mislabeled the settlement in that case. The Cook settlement was actually a 9(i) settlement under § 71-3-29 (i.e. full and final settlement), but the Supreme Court mistakenly labeled it as a 13(j) indemnity settlement. The Supreme Court in Thornhill agreed that it erred when it labeled the settlement in Cook a 13(j) settlement under Miss. Code Ann. § 71-3-37(10) but found that this mislabeling did not disturb the findings in Cook or affect the outcome in this case. Ultimately, the Supreme Court in Thornhill held that a 9(i) compromise settlement constituted an exhaustion of administrative remedies because the parties “had no further business with the Commission.”

Hutto v. State, 2017-DR-01207-SCT (dismissing motion for appointment of counsel for representation for successive petition for PCR)

Lambes v. Lambes, 2020-CT-00095-SCT (denying cert)

Denham v. Denham, 2020-CT-00675-SCT (granting cert)

Tallant v. State, 2020-CT-01077-SCT (denying cert)

Hand Down List

Mississippi Supreme Court Decisions of August 18, 2022

The Mississippi Supreme Court handed down one opinion today along with a passel of orders denying various post-conviction petitions as frivolous. The opinion is noteworthy because the Supreme Court granted cert and then reversed the Court of Appeals and the chancery court on issues that do not appear to have been argued at any point in the appeal briefing and were not addressed by the Court of Appeals.

Randle v. Randle, 2020-CT-00433-SCT (Civil – Wills, Trusts, and Estates)
Reversing the Court of Appeals and the chancellor on cert, holding that the lower courts incorrectly considered settlement proceeds from a wrongful-death claim as an asset of the estate and incorrectly adjudicated the decedent’s heirs-at-law instead of making a determination of wrongful-death beneficiaries.
(9-0)

ADDENDUM – The Supreme Court’s decision hinged on issues that were not addressed by the parties’ briefs, the Court of Appeals’ opinion, or the cert petition. The parties were focused on issues related to the use of DNA evidence to determine heirs and the chancellor’s order requiring a supersedeas bond which are the issues the Court of Appeals decided. But the Supreme Court addressed a more fundamental issue of whether the wrongful-death proceeds were part of the decedent’s estate. Since it held they were not, the Supreme Court then held that the chancellor should have determined wrongful-death beneficiaries rather than heirs-at-law. This case was remanded back to the chancery court for a determination of wrongful-death beneficiaries.

Here is the Supreme Court emphatically explaining that wrongful-death proceeds are not part of the decedent’s estate:

Other Orders

Pinkston v. State, 2012-M-00306 (denying application for leave to proceed in the trial court, finding the claims in the successive petitions are frivolous, and warning that future frivolous filings could result in sanctions)

Daniels v. State, 2017-M-00423 (denying petition for PCR, finding that it was frivolous, and restricting the petitioner from filing further applications in forma pauperis)

Brunson v. State, 2018-M-01113 (denying petition for PCR, finding that it was frivolous, and restricting the petitioner from filing further applications in forma pauperis)

Hill v. State, 2019-M-01221 (denying denying pro se petition for en banc habeas corpus, finding the claims in the successive petitions are frivolous, and warning that future frivolous filings could result in sanctions)

Wright v. State, 2019-M-01883 (denying petition for PCR, finding that it was frivolous, and restricting the petitioner from filing further applications in forma pauperis)

Brown v. State, 2020-M-00630 (denying motion to proceed with habeas corpus petition, finding that the application was frivolous, and restricting the petitioner from filing applications in forma pauperis)

Hand Down List

Mississippi Supreme Court Decisions of August 11, 2022

The Mississippi Supreme Court handed down three unanimous opinions today. The lone civil case is an interlocutory appeal of a slip-and-fall case. The other two are criminal cases, one affirmed a conviction and the other reversed a conviction based on the “fruit of the poisonous tree” doctrine.

Byram Cafe Group, LLC v. Tucker, 2021-IA-00723-SCT (Civil – Personal Injury)
Reversing the circuit court’s denial of the defendant’s motion for summary judgment in a slip-and-fall case, holding that the record including the plaintiffs’ deposition testimony did not support their claim that the defendant created a dangerous condition or that the defendant’s negligence caused the fall.
(9-0)

Garrett v. State, 2021-KA-00754-SCT (Criminal – Felony)
Affirming a conviction of burglary of a hotel room, holding that the defendant did not meet his burden on appeal of showing that the conviction was not supported by sufficient evidence or that the verdict was contrary to the overwhelming evidence.
(9-0)

Green v. State, 2021-KA-00617-SCT (Criminal – Felony)
Reversing convictions of conspiracy to commit armed robbery, armed robbery, and burglary of a dwelling, holding that the circuit court erred by admitting evidence that the defendant possessed the victim’s car keys (the “linchpin evidence” supporting the convictions) that was wholly derived from the defendant’s statement that the circuit court had excluded because it was improperly induced.
(9-0)

Other Orders

Clark v. State, 2019-DP-00689-SCT (rehearing denied)

Durrant Inc. v. Lee County, Mississippi, 2019-CT-01826-SCT (denying cert)

Hand Down List

Mississippi Supreme Court Decisions of August 4, 2022

The Mississippi Supreme Court handed down two opinions today and in both it reversed the Court of Appeals. One involves a judgment lienholder’s plight after a tax sale of which it was not given notice. The other is an appellate procedure case addressing whether there was a final, appealable order.

HL&C Marion, LLC v. DIMA Homes, Inc., 2020-CT-00750-SCT (Civil – Real Property)
Reversing the Court of Appeals and the chancellor in suit to conform and quiet title, holding that in this case where a home builder obtained and enrolled a judgment against the property owners for an unpaid construction balance, the property was sold at a tax sale and then sold again, that no legal authority required notice of the tax sale to the home builder/judgment lienholder prior to the expiration of the two-year redemption period and that the chancery clerk had no duty to conduct a search of the judgment roll. Judgment was rendered in favor of the purchaser.
(6-0: Chief Justice Randolph, Justice Beam, and Justice Griffis did not participate)

OVERRULE ALERT – This decision overruled at least two prior decisions where it was held that equity allowed for an extension of the two-year, statutory redemption period because such decisions run afoul of the Mississippi Constitution which gives the Legislature the exclusive right to set the conditions for redemption:

Humphrey v. Holts, 2021-CT-00046-SCT (Civil – Other)
Reversing the Court of Appeals’ decision dismissing the appeal for lack of a final, appealable order, holding that the chancery court’s order dismissing the complaint upon the motion of one of two defendants left no claims to be adjudicated and it was therefore a final, appealable judgment.
(9-0: Justice King specially concurred, joined by Justice Kitchens)

PRACTICE POINT – Mississippi’s appellate courts dismiss a significant number of appeals for lack of final, appealable judgment by strictly applying Miss. R. Civ. P. 54(b). This opinion does not reference Rule 54(b) but it appears that the chancellor’s order in this case did not contain the magic words in 54(b). The Supreme Court essentially held that 54(b) did not apply here because the chancellor’s order disposed of the entire complaint (i.e. it did not dispute of fewer than all claims/parties) so the magic words were not required. My takeaway: When Rule 54(b) applies it must be strictly complied with, but don’t assume it applies.

In Re: Commission on Mandatory Continuing Legal Education, 89-R-99011-SCT (Order appointing Helen Morris, Marcus A. McLelland, and Katherine K. Farese to three-year terms as members of the Commission on Mandatory Continuing Legal Education effective August 1, 2022)

In Re: Advisory Committee on Rules, 89-R-99016-SCT (Order authorizing and directing the disbursement of $15,000.00 from the Court’s Judicial System Operation Fund to the Mississippi Supreme Court Advisory Committee on Rules for its necessary work through September 30, 2022)

City of Jackson, Mississippi v. Johnson, 2020-CA-00318-SCT (denying rehearing)

Nelson v. State, 2020-M-01417 (denying application for Leave to Proceed in the Trial Court filed pro se and warning petitioner against further frivolous filings)

In Re: Administrative Orders of the Supreme Court of Mississippi, 2022-AD-00001-SCT (En banc order directing the disbursement of $177,295.27 in civil legal assistance funds among the MS Volunteer Lawyers Project, North MS Rural Legal Services, and MS Center for Legal Services)

Hand Down List

Mississippi Supreme Court Decisions of July 28, 2022

The Mississippi Supreme Court handed down two opinions today. One untangles a web of statutes governing sixteenth section land to determine whether a noncustodial school district could recover past revenue from the custodial school district. The other considered whether a conviction in a second trial violated double jeopardy after the first trial ended in a mistrial.

Wayne County School District v. Quitman School District, 2020-CA-00499-SCT (Civil – Other)
Reversing and rendering on direct appeal and affirming on cross-appeal in a dispute between to school districts about whether revenue generated from sixteenth section land received by the custodial district should have been shared with the noncustodial district, holding that the noncustodial district could not recover past revenue that might have been owed because the noncustodial district did not satisfy Section 29-3-119(4) which places a time limit on when a noncustodial district can make a claim with a custodial district.
(6-3: Justice Griffis dissented, joined by Justice Kitchens and Justice King.)

NOTE – This opinion takes a deep dive to interpret the statutes governing revenue generated by sixteenth section land. At stake was $1,101,413 in funds that the Wayne County School District collected and kept, but that the Quitman School District but could have had a claim to. Here is the Supreme Court’s conclusion:

Wilson v. State, 2021-KA-00473-SCT (Criminal – Felony)
Affirming conviction of aggravated assault, holding that double jeopardy was not violated because the trial court did not abuse its discretion when it found manifest necessity for a mistrial when the defendant’s first trial ended in a mistrial after the defense referenced the victim was incarcerated during opening and holding that the the weight of the evidence was such that allowing the verdict to stand was not an unconscionable injustice.
(7-2: Justice King dissented, joined by Justice Kitchens.)

Other Orders

Jackson v. State, 2014-M-00623 (denying petition for PCR and restricting the plaintiff from filing further PCR applications in forma pauperis)

Ladner v. State, 2020-CT-00299-SCT (denying cert)

Dew v. Harris, 2020-CT-01261-SCT (denying cert)

Kirk v. State, 2022-M-00044 (denying petition for PCR and restricting the plaintiff from filing further PCR applications in forma pauperis)

Hand Down List

Mississippi Supreme Court Decisions of July 21, 2022

The Mississippi Supreme Court handed down five opinions today after its two-week break. This eclectic array of cases covers a refused jury instructions on the right to stand your ground, medical malpractice, an election contest, a real property purchase, and a request by the AG to be heard on a nonexistent request for litigation expenses.

Williams v. State, 2021-KA-00336-SCT (Criminal – Felony/Self Defense)
Reversing manslaughter conviction in a case where the defendant killed her father by stabbing him during an altercation he initiated, holding that the trial court erroneously refused the defendant’s proposed jury instructions related to her right to stand her ground.
(9-0)

NOTE – Instructions that the defendant had a right to defend herself were held insufficient. Here are the two instructions that the trial court erred by refusing:

Taylor v. Premier Women’s Health, PLLC, 2021-CA-00493-SCT (Civil – Medical Malpractice)
Affirming judgment for the defendants following a unanimous jury verdict for the defendants in a med mal case, holding that the trial court did not err in refusing to grant challenges for cause of jurors who were patients of the defendant doctor and did not err in denying the plaintiff’s motion for JNOV that sought a finding that there was a breach of the standard of care.
(8-0: Chief Justice Randolph did not participate.)

Simmons v. Town of Goodman, 2021-EC-00563-SCT (Civil – Election Contest)
Affirming trial court’s decision upholding the municipal election commission’s finding that the plaintiff did not qualify to run for mayor, holding that the plaintiff did not provide sufficient evidence that he was domiciled in Goodman for the amount of time statutorily required to run for mayor.
(9-0)

SRHS Ambulatory Services, Inc. v. Pinehaven Group, LLC, 2020-CA-01355-SCT (Civil – Contract)
Affirming summary judgment in favor of the defendant/seller of real property and its title insurance carrier, holding that the plaintiff’s purchase of real property was valid and enforceable because ratification of the purchase by the county board of supervisors was not required.
(5-1-3: Justice King concurred in result only without separate written opinion; Justice Griffis dissented, joined by Justice Kitchens and Justice Maxwell.)

Garcia v. State, 2021-IA-00632-SCT (Civil – Death Penalty – Post Conviction)
Vacating the trial court’s order granting the Attorney General’s “Motion for Notice of and an Opportunity to Be Heard on Requests for Litigation Expenses,” holding that the AG’s request was not only premature, but inapplicable because the defendant was represented by attorneys working for the Office of Capital Post-Conviction Counsel who are employed by the state and do not receive compensation or expenses for representing the defendant.
(9-0)

Hand Down List

Mississippi Supreme Court Decisions of June 30, 2022

The Mississippi Supreme Court handed down three opinions today: a case that resolved a fight over the Mississippi Division of Medicaid’s efforts to recoup overpayments to a senior care facility, an MTCA issue that wasn’t, and a post-conviction death penalty decision regarding a request to transfer DNA evidence.

Wilkinson County Senior Care, LLC v. Mississippi Division of Medicaid, 2020-SA-01332-SCT (Civil – State Boards and Agencies)
Affirming the chancery court’s order allowing the Mississippi Division of Medicaid to recoup a substantial overpayment made to a senior care facility for the years 2002-2003 that the DOM did not demand until 2011, holding that the delay did not bar DOM’s recover because (1) neither equitable estoppel nor any other legal or equitable principles barred the claim; (2) the decision was not arbitrary and capricious, clearly erroneous, or unsupported by substantial evidence; and (3) the delay did not violate the facility’s due process rights.
(9-0)

Strickland v. Rankin County School District, 2019-CT-01669-SCT (Civil – Personal Injury/MTCA/Negligence)
Affirming the trial court’s grant of summary judgment in favor of the school district, juking the question of whether the defendant was entitled to discretionary function immunity (that split the COA 5-5) and holding that the plaintiff had not established the basic element of negligence where the evidence provided by the plaintiff–a cross-country runner for the school–was stung by a wasp, was examined by at least one coach, was told to “man up” and run the race, began running, felt dizzy just after the mile marker, and fell and hit his head.
(5-1-2) (Justice Ishee concurred in result only, joined in part by Chief Justice Randolph. Justice Kitchens dissented, joined by Justice King. Justice Beam did not participate.)

NOTE – Here is a summary of the Court’s analysis of the element of breach:

Manning v. State, 2020-CA-01096-SCT (Civil – Death Penalty – Post Conviction)
Affirming the circuit court’s denial of a request to transfer DNA evidence to a different facility for additional DNA testing after the Court previously granted PCR to allow testing but six years of testing had allegedly yielded inconclusive results, holding that the circuit court had authority to decide the motion to transfer the evidence and that the circuit court did not abuse its discretion by denying the motion.
(7-2) (Justice King dissented, joined by Justice King)

Other Orders

Rules for Court Reporters, 89-R-99021-SCT (appointing Hon. Leslie D. King, Kati Vogt, Julie Mims, and Latanya Allen as members of the Board of Certified Court Reporters for two-year terms from July 1, 2022, through June 30, 2024)

Bolton v. John Lee, P.A., 2020-CA-00344-SCT (assigning appeal to Court of Appeals for a decision within 270 days of the entry of this order)

Doe v. Doe, 2020-CT-00853-SCT (denying cert)

Manhattan Nursing and Rehabilitation Center, LLC v. Barbara Hollinshed, 2020-CT-00882-SCT (denying cert)

Jiles v. State, 2021-CT-00034-SCT (denying cert)

The Mississippi Bar v. Mayers, 2021-BD-00268-SCT (suspending Urura W. Mayers from the practice of law pending final resolution of the petition for discipline filed by The Mississippi Bar)

Longo v. City of Waveland, Mississippi, 2021-CA-00735-SCT (consolidating two appeals)

Johnson v. State, 2022-M-00303 (denying reconsideration)

Hand Down List

I try to keep things apolitical around here, but my two older boys and I went to Oxford yesterday and we can confirm that the Ole Miss Rebels did in fact win the 2022 College World Series. The boys obtained autographs from the gracious and patient Dylan DeLucia, Peyton Chatagnier, and Coach Bianco as evidence.

Mississippi Supreme Court Decisions of June 23, 2022

The Mississippi Supreme Court handed down two opinions today in criminal cases. One is an appeal of a DUI conviction where the defendant refused a breathalyzer test. The other was certiorari review of the Court of Appeals’ remedy for a Batson error by the trial court. The Supreme Court also published an en banc order that garnered some national attention when it was entered on Tuesday.

Bullen v. State, 2021-KM-01081-SCT (Criminal – Misdemeanor/DUI)
Affirming a conviction of DUI (second offense), holding that substantial evidence supported the conviction despite the defendant’s refusal to submit to a breathalyzer test because there was also testimony that the defendant’s pupils were contracted (after some confusion by the officer who initially testified that they were dilated), his truck smelled of alcohol, and he admitted to consuming more than one beer and intentionally driving into a flooded area requiring extraction by the fire department. The Supreme Court also held that the circuit judge did not err in considering the defendant’s refusal to submit to breathalyzer tests.
(9-0.)

NOTE – The Supreme Court has never addressed the issue of whether “smell alone could support a DUI charge.” The Court declined to do so in this case because this conviction was based on other evidence. The right case may be set up for cert on this issue.

Miles v. State, 2019-CT-00895-SCT (Criminal – Felony)
Affirming the Court of Appeals affirming in part and reversing in part the circuit court’s judgment, holding that the Court of Appeals applied the appropriate remedy for the circuit court’s “imprecise and incomplete” Batson analysis (specifically, the burden-shifting process after challenge of a peremptory strike) which was to remand to the trial court to conduct a hearing to complete the second and third steps of the Batson analysis for three of the challenged members of the venire.
(Justice King concurred in the result only without separate written opinion.)

Other Orders

Powers v. State, 2017-DR-00696-SCT (holding that the plaintiff has no right to competency in post-conviction proceedings and denying his motion to stay his execution without prejudice)

Mississippi Department of Economic and Community Development v. General Reinsurance Corp., 2020-CT-00761-SCT (denying cert)

Hand Down List