Category: Supreme Court

A Special Thanksgiving Edition of the Mississippi Appeals Blog

Happy Thanksgiving to you and yours from the Mississippi Appeals Blog! To mark the occasion, I did a little research and found a suitable throwback decision from the Mississippi Supreme Court to summarize for you.

Old Ladies Home Ass’n v. Hall, 52 So. 2d 650 (Miss. 1951) (Civil – Contracts)
Affirming the chancellor’s decision overruling special and general demurrers asserted by residual beneficiaries in an action brought by a devisee to enforce a contract between himself and the testatrix wherein the testatrix (an elderly widow at the time) agreed to devise her property to him if he would move his family into her home and provide her with room and board (which he did), holding that the bill of complaint was sufficient and that the statute of limitations began to run when the testatrix died, not when things went south due to the lack of butter at Thanksgiving dinner:

Complainant charged that, in fulfillment of the contract, he and his family lived in Mrs. Douglas’ residence, that he paid taxes on it and repaired it from time to time, and furnished her and her foster daughter with suitable and acceptable board and food, heat and lights and other comforts and necessities, until Thanksgiving Day of November, 1943, at which time Mrs. Douglas became enraged about complainant’s failure to have butter on the table, and ordered complainant and his family to get out of the house. It was averred that Mrs. Douglas at all times kept two loaded pistols and a dagger in her home, and threatened physical violence to complainant’s infant son and that complainant feared for the safety of himself and his family. Complainant told her that he wanted to remain in the home and carry out his part of the contract, as he had previously done, and as he thereafter remained ready, willing and able to do, but Mrs. Douglas drove them from her home and refused complainant’s services.

PRACTICE POINT – As we are not presently in the throes of World War II, there is really no excuse to run out of butter on Thanksgiving.

Mississippi Supreme Court Decisions of November 14, 2024

The Mississippi Supreme Court handed down five opinions today. There is an ESLA case, a restrictive covenants case, two direct criminal appeals with reversals, and a significant defamation case.

In Re Validation of up to $27,600,000 Trust Certificates Evidencing Proportional Interests in a Lease by The Simpson County School District: Floyd v. Simpson County School Board, 2023-CA-01126-SCT (Civil – Other)
Affirming the chancellor’s decision validating of trust certificates for a lease/leaseback transaction to fund construction of a school, holding that nunc pro tunc amendment to the June 10, 2021 minutes was lawful, that the Board’s notice satisfied statutory requirements of the ESLA, that the objecter was afforded adequate due process as required by the ESLA, that the Board had authority to create a nonprofit corporation, and that the ESLA is still applicable.
(8-0: Griffis did not participate.)

Smith v. Brockway, 2023-CA-01027-SCT (Civil – Real Property)
Affirming the chancery court’s denial of a petition for injunction and declaratory relief related to restrictive covenants and manufactured housing, holding that the restrictive covenants were unenforceable because they were not signed by the grantor.
(9-0)

Toler v. State, 2023-KA-00712-SCT (Criminal – Felony)
Affirming in part and reversing in part after the defendant was convicted of four counts of aggravated assault, one count of shooting into a motor vehicle, four counts of aggravated assault against officers, and failure to stop a motor vehicle for law enforcement, holding (1) that there was sufficient evidence to support the three challenged convictions of aggravated assault against officers who were shot at but not struck, (2) that the indictment was multiplicitous for charging the defendant with for counts of aggravated assault based on firing one shot at four individuals such that merger applied warranting a remand to vacate, merge, and resentence, and (3) that the trial court did not abuse its discretion excluding evidence of the defendant’s peaceful character.
(9-0)

Fagan v. Faulkner, 2022-CT-00130-SCT (Civil – Torts)
Affirming the Court of Appeals and reversing the judgments of the circuit court and county court in a defamation case, holding that the circuit court and county court erred by denying the defendant’s motion for directed verdict because as atrocious as the vulgarity was, it was non-actionable “name calling” that did not defame the plaintiff’s professional abilities.
(5-4: Randolph dissented, joined by Kitchens, King, and Ishee)

Ratcliff v. State, 2022-CT-00690-SCT (Criminal – Felony)
Reversing the Court of Appeals and the conviction of possession of a stolen firearm, holding that the State failed to present sufficient evidence of the defendant’s guilty knowledge to merit a jury question on that charge.
(8-0: Randolph did not participate)

Other Orders

  • In Re: Advisory Committee on Rules, 89-R-99016-SCT (appointing or reappointing as members of the Advisory Committee on Rules: Hon. Latrice A. Westbrooks, Hon. Carter Bise, Hon. W. Ashley Hines, Hon. Carol Jones Russell, William M. Gage, Esq., Justin T. Cook, Esq., Graham P. Carner, Esq., and Nicholas K. Thompson, Esq.)
  • Estate of Green v. Michini, 2022-CT-00365-SCT (denying cert)
  • Chatman v. State, 2023-KA-00583-SCT (denying rehearing)
  • In Re Validation of up to $27,600,000 Trust Certificates Evidencing Proportional Interests in a Lease by The Simpson County School District: Floyd v. Simpson County School Board, 2023-CA-01126-SCT (granting motion for leave to file a corrected reply brief)

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Mississippi Court of Appeals Decisions of November 5, 2024 and Mississippi Supreme Court Decisions of November 7, 2024

In what was certainly the biggest new story from Tuesday, the Mississippi Court of Appeals handed down five opinions. Today, the Mississippi Supreme Court handed down one opinion and one order amending the Mississippi Rules of Civil Procedure. You can read about all below.

Mississippi Court of Appeals – November 5, 2024

Patton v. State, 2023-CP-00618-COA (Civil – PCR)
Affirming summary dismissal of PCR motion, holding that the motion was successive and untimely with no available exceptions and that the motion was meritless.
(9-0: Smith did not participate)

Slade v. City of Lumberton, 2023-CA-00830-COA (Civil – Personal Injury)
Affirming summary judgment in a MTCA personal injury case stemming from a police pursuit, holding that the trial court did not err in finding no reckless disregard based on the undisputed facts and that the trial court did not err in denying the motion to recuse based on the judge’s prior representation of the City.
(6-3: McDonald dissented, joined by Westbrooks and McCarty; Weddle did not participate)

McDill v. Scott County School District, 2023-CA-00956-COA (Civil – Personal Injury)
Reversing summary judgment in an MTCA case stemming from a student’s weightlifting injury at school, holding that the school district was not entitled to discretionary-function immunity.
(10-0)

The University of Mississippi Medical Center v. Redd, 2023-CA-00711-COA (Civil – Med Mal)
Affirming a bench trial verdict of $500,000 in a med mal case, holding that there was substantial evidence to support the trial court’s findings that the doctor breached the standard of care by not ordering lab work or further testing which, in turn, would have revealed the infection and prevented the amputation, and holding that the trial court did not abuse its discretion in admitting testimony of an orthopedic surgeon who primarily practiced in a different subspecialty than the treating doctor.
(8-1-0: Wilson concurred in part and in the result without writing; Weddle did not participate)

Morgan v. Riverboat Corporation of Mississippi, 2023-CA-00379-COA (Civil – Personal Injury)
Affirming summary judgment in a personal injury case where the plaintiff was struck by poolside cushions blowing in the wind while she was closing out her tab at the swim-up bar, holding that the trial court did not err in finding that they cushions were not an unreasonably dangerous condition and that there was no evidence of negligence on the part of the defendant.
(7-3: Westbrooks dissented, joined by McDonald and Lawrence)

Other Orders

  • Sinquefield v. The City of Ridgeland, 2022-CA-01276-COA (denying rehearing)
  • In Re Estate of Warren: Warren v. Maharrey, 2023-CA-00438-COA (denying rehearing)

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Mississippi Supreme Court – November 7, 2024

Childress v. State, 2023-KA-01323-SCT (Criminal – Felony)
Affirming conviction of first-degree murder, holding that the verdict was supported by sufficient evidence and was not against the overwhelming weight of it.
(9-0)

Other Orders

  • In Re: The Rules of Civil Procedure, 89-R-99001-SCT (amending M.R.C.P. 62 – the order states that the amendment is effective 30 days after the date of the order which was entered on October 31, 2024)

Here are the amendments to Rule 62 (subsections (c) through (h) were not altered):

  • Mississippi State University v. Zhang, 2024-M-00344-SCT (denying rehearing)
  • Hertz Jackson Three, LLC v. Sanders, 2024-M-00497-SCT (denying interloc)
  • Mississippi Baptist Medical Center, Inc. v. Butler, 2024-M-00930-SCT (denying interloc)

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Mississippi Supreme Court Decisions of October 24 and October 31, 2024

The Mississippi Supreme Court handed down one opinion last week and none this week. However, there was an order entered today amending M.R.C.P. 46. That amendment will be effective November 21, 2024.

October 24, 2024

McGee v. McGee, 2023-CA-00695-SCT (Civil – Domestic Relations)
Affirming the chancellor’s judgment regarding division of marital property and award of joint legal custody in a divorce action, holding that the chancellor did not err in classifying, valuing, and dividing the assets or in conducting its Albright analysis.
(9-0)

October 31, 2024

No opinions

Other Orders – October 24, 2024

  • In Re: The Rules of Civil Procedure, 89-R-99001-SCT (dismissing Motion to Amend M.R.C.P. 6 and 56 filed by the Supreme Court Advisory Committee on Rules)
  • In Re: Uniform Rules of Youth Court Practice, 89-R-99033-SCT (dismissing Petition to Amend the Mississippi Uniform Rules of Youth Court Practice filed by the Mississippi Council of Youth Court Judges (Motion No. 2021-1461) without prejudice)
  • Suarez v. State, 2023-CT-00526-SCT (denying cert)
  • In Re: Administrative Orders of the Supreme Court of Mississippi, 2024-AD-00001-SCT (ordering the disbursement of $166,981.17 in civil legal assistance funds among the MS Center for Legal Services, MS Volunteer Lawyers Project, and North MS Rural Legal Services

Other Orders – October 31, 2024

  • In Re: The Rules of Civil Procedure, 89-R-99001-SCT (granting in part Motion to Amend M.R.C.P. 46 filed by the Supreme Court Advisory Committee on Rules)

    Here is the amended text of Rule 46 that will be effective November 21, 2024:
  • Taylor v. Johnson, 2022-CT-00734-SCT (denying cert)
  • The Avion Group, Inc. v. The City of Oxford, Mississippi, 2023-CT-00169-SCT (denying cert)

Hand Down Page – October 24, 2024

Hand Down Page – October 31, 2024

Mississippi Supreme Court Decisions of October 17, 2024

The Mississippi Supreme Court handed down four opinions today. There is a petition for back pay from reinstated utility commissioners, a reversal of a personal injury verdict in Madison County because the trial court abused its discretion admitting expert testimony, an appeal of the denial of a motion for remittitur/new trial after plaintiff’s verdict in a contract case, and a direct appeal of a drug possession conviction.

Slaughter v. City of Canton, 2023-CA-01102-SCT Civil – Other)
Affirming the circuit court’s denial of a petition of former commissioners of the Canton Municipal Utilities Commission seeking back pay, holding that the circuit court lacked jurisdiction after the case became final upon issuance of the mandate affirming the circuit court’s prior reinstatement of the commissioners.
(9-0)

Scarborough v. Logan, 2022-CA-00965-SCT consolidated with 2023-CA-00720-SCT (Civil – Personal Injury)
Reversing on cross-appeal a plaintiff’s verdict in a personal injury case, holding that the trial court abuse its discretion by allowing expert testimony from a witness who was never qualified or tendered as an expert witness and dismissing the direct appeal issues as moot.
(9-0)

Stribling Equipment, LLC v. Eason Propane, LLC, 2023-CA-00862-SCT (Civil – Contract)
Affirming the trial court’s decision denying a new damages trial and/or remittitur, holding that the amount of damages was high but not shocking and was supported by the evidence.
(9-0)

Vivian v. State, 2023-KA-00338-SCT (Criminal – Felony)
Affirming conviction of felony possession of meth and misdemeanor possession of marijuana, holding that there were no errors wanting reversal based on counsel’s Lindsey brief and the record.
(9-0)

Other Orders

  • Roley v. Roley, 2022-CT-01104-SCT (dismissing petition for cert)
  • Nettles v. Nettles, 2023-CT-00041-SCT (granting cert)

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Mississippi Supreme Court Decisions of October 10, 2024

The Mississippi Supreme Court handed down just one opinion today. It is a youth court custody case involving adjudication of neglect and reunification efforts.

R.W. v. Mississippi Department of Child Protection Services, 2023-CP-00543-SCT (Civil – Custody)
Affirming the youth court’s adjudication that twins were neglected and ruling that CPS was allowed to bypass reasonable reunification efforts, holding that the youth court had subject matter jurisdiction and personal jurisdiction, that venue was proper, that adjudication of neglect was supported by sufficient evidence where the twins and the mother tested positive for amphetamines shortly at birth, and that the decision to bypass reasonable efforts to reunify was supported by sufficient evidence where the parents’ parental rights had been involuntarily terminated for at least one other sibling and the father had been convicted of attempted sexual assault of a child and had failed to register.
(9-0)

Other Orders

  • Carroll v. State, 2021-CT-00959-SCT (dismissing cert petition as untimely)
  • In Re: Judicial Election Oversight Committee, 2021-M-01306-SCT (reappointing LaToya T. Jeter and James L. Weir, Jr. and appointing Thomas L. Carpenter as members of the Judicial Election Oversight Committee for new four-year terms)
  • Smith v. State, 2023-CT-00185-SCT (denying cert)
  • Rambo v. Kelly Natural Gas Pipelines, LLC, 2023-CT-00402-SCT (denying cert)

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Mississippi Supreme Court Decisions of October 3, 2024

The Mississippi Supreme Court handed down just four orders today. In the words of the old store clerk in Raising Arizona, “It’s self-contained and fairly explanatory.”

In Re: Rules Governing Admission to The Mississippi Bar, 89-R-99012-SCT (reappointing J. William Manuel, Michael C. McCabe, Jr., and Walter Alan Davis to three-year terms as members of the Mississippi Board of Bar Admissions)

Daly v. Raines, 2022-CT-00600-SCT (denying cert)

Jordan v. State, 2022-DR-01243-SCT (denying successor petition for post-conviction relief)

The City of Jackson v. Jones, 2023-IA-00394-SCT (denying rehearing)

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Mississippi Supreme Court Decisions of September 19, 2024

The Mississippi Supreme Court handed down one opinion today. At least we can all get more work done this afternoon.

Wells v. State, 2023-KA-00670-SCT (Criminal – Felony)
Affirming convictions of shooting into an occupied dwelling and possession of a firearm by a felon and sentence as a nonviolent habitual offender, holding that the defendant’s stipulation that he was a convicted felon satisfied the State’s burden of proof of that element.
(9-0)

Other Orders

  • Allen v. State, 2022-CT-00419-SCT (granting cert)
  • Jordan v. State, 2022-CT-00874-SCT (denying cert)
  • Manning v. State, 2023-DR-01076-SCT (denying leave to proceed in the circuit court with claim of newly discovered evidence)
  • Kasai North American, Inc. v. Riverside Abstract, LLC, 2024-IA-00363-SCT (granting interloc)
  • Ten D Enterprises, Inc. v. Lagan, 2024-M-00653-SCT (denying interloc)
  • NCAA v. Rebel Rags, LLC, 2024-M-00752-SCT (denying interloc and request for stay)

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Mississippi Supreme Court Decisions of August 22, 2024; August 29, 2024; September 5, 2024 and September 12, 2024

I have fallen behind on my summaries. Fortunately for me, this has not been a particularly prolific stretch for the Mississippi Supreme Court. Summaries from the last four weeks are below.

August 22, 2024

No Opinions

August 29, 2024

Chatman v. State, 2023-KA-00583-SCT (Criminal – Felony)
Reversing conviction of two counts of sexual battery, holding that there was uncertainty as to the unanimity of the jury’s verdict as to the sexual-battery counts but that there was no such uncertainty as to the lesser-included offense of gratification of lust for each count, and remanded for new trial on sexual-battery charges or resentencing on the lesser-included counts.
(8-0: Randolph did not participate)

McClain v. State, 2023-KA-01189-SCT (Criminal – Felony)
Affirming conviction of possession of a firearm by a convicted felony, holding that there were no issues warranting reversal based on review of counsel’s Lindsey brief and the record.
(9-0)

September 5, 2024

Johnson v. State, 2023-CA-00117-SCT (Criminal – PCR)
Affirming the trial court’s decision that the defendant should remain parole ineligible after Miller hearing, holding the defendant was not entitled to jury sentencing under section 97-3-21(2) because he was convicted before July 1, 2024, and that the application of the parole-ineligibility statute to the defendant’s life sentence was not unconstitutional.
(6-3-0: Coleman concurred in part and in the result, joined by Kitchens and King)

September 12, 2024

Archie v. Smith, 2023-EC-01149-SCT (Civil – Election Contest)
Vacating judgment on petition for judicial review of an election contest, holding that the circuit court did not consider sufficient evidence to determine whether the circuit clerk’s office was open or closed on the due date which, in turn, determined whether the petition was timely.
(8-0: Kitchens did not participate)

Fluker v. State, 2022-CT-00692-SCT (Criminal – Felony)
Reversing conviction of conspiracy to commit aggravated assault, holding that the trial court erred in denying the defendant’s request to instruct the jury on the lesser-included offense of conspiracy to commit simple assault.
(8-0: Randolph did not participate)

Other Orders

August 22, 2024

  • Patrick v. Patrick, 2021-CT-00891-SCT (denying cert)
  • MDHS v. Johnson, 2022-CT-00605-SCT (granting cert)
  • Thoden v. Hallford, 2022-CA-00835-SCT (denying rehearing)
  • Smith v. State, 2022-CT_00852-SCT (denying cert)
  • Boyett v. State, 2022-CT-01239-SCT (denying cert)
  • McNinch v. Brandon Nursing & Rehabilitation Center, L.L.C., 2023-CA-00050-SCT (denying rehearing)
  • Gleason v. State, 2023-CT-00357-SCT (denying cert)
  • Pryer v. State, 2023-M-01230-SCT (denying motion to reconsider)

August 29, 2024

  • Ronk v. State, 2021-DR-00269-SCT (denying motion to stay mandate pending cert)
  • Arnold v. State, 2021-CT-01426 (denying cert)
  • Rutland v. Regions Bank, 2022-CT-00720 (denying cert)
  • Malone v. State, 2022-CT-00958-SCT (denying cert)
  • Minor v. State, 2022-CT-00990-SCT (granting cert)
  • The Mississippi Bar v. Rogers, 2024-BD-00215-SCT (granting the Bar’s motion for reimbursement of costs and expenses)

September 5, 2024

  • Wilson v. State, 2017-M-00230 (denying pro se application for leave to proceed in the trial court, finding the filing frivolous, and warning that future frivolous filings may result in sanctions)
  • Cage v. State, 2017-M-01498 (denying pro se application for leave to proceed in the trial court, finding the filing frivolous, and warning that future frivolous filings may result in sanctions)
  • Clarksdale Public Utilities Commission v. Mississippi Department of Employment Security, 2022-CT-01085-SCT (denying cert petition as untimely)

September 12, 2024

  • Marshall v. State, 2022-CT-00541-SCT (denying cert)
  • M.H. v. L.R., 2022-CA-00922-SCT (denying motion to substitute, motion to expedite consideration, and motion to dismiss the appeal as moot, and vacating judgment terminating parental rights)

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Hand Down Page – August 29, 2024

Hand Down Page – September 5, 2024

Hand Down Page – September 12, 2024

Mississippi Supreme Court Decisions of August 15, 2024

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

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

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

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

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


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

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

Other Orders

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

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