Category: Supreme Court

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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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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Mississippi Supreme Court Decisions of August 8, 2024

The Mississippi Supreme Court handed down two opinions today. One is a direct criminal appeal addressing, among other things, an indecent technical difficulty during a witness examination via Zoom. The other is a decidedly less salacious civil case applying the MTCA’s presuit notice requirement.

Williams v. State, 2022-KA-01017-SCT (Criminal – Felony)
Affirming conviction of first-degree murder, holding that the conviction was not against the overwhelming weight of the evidence and that the trial court did not err by denying motions for mistrial after an outburst from the victim’s mother or after an technological error caused an explicit video to be played in the courtroom during a voir dire qualification examination of an expert via Zoom where the trial court took corrective action after each incident.
(9-0)

Note – Zoom proceedings took a massive “L” in this one.

The City of Jackson v. Jones, 2023-IA-00394-SCT (Civil – Personal Injury)
Reversing the denial of the City’s motion for summary judgment in an MTCA claim, holding that the plaintiff did not comply with section 11-46-11(2) by failing to serve the city clerk with presuit notice.
(8-0)

Other Orders

  • In Re: Uniform Chancery Court Rules, 89-R-99006-SCT (dismissing Motion to Amend the Uniform Rules of Chancery Court Practice to Add a New Rule Requiring Attorneys Representing Out-of-State Petitioners in Adoption Proceedings to Certify Compliance With Statutes Enacted to Prevent Commercialization of Adoptions filed by the Mississippi Department of Child Protection Services)
  • Brandi’s Hope Community Services, LLC v. Walters, 2022-CT-00188-SCT (denying rehearing)
  • Moore v. State, 2022-CT-00327-SCT (denying cert)
  • Silver Dollar Sales, Inc. v. Battah, 2022-CT-00476-SCVT (denying cert)
  • Harris v. Ratcliff, 2022-CT-00596-SCT (denying cert)
  • Edwards v. State, 2022-CT-00719-SCT (denying extension request and dismissing cert petition as untimely)
  • Clark v. State, 2022-DR-00829-SCT (denying Motion for Leave to Interview Members of the Venire Who Did Not Serve on the Petit Jury)
  • Frazier v. State, 2022-CT-00896-SCT (dismissing cert petition as untimely)
  • EEECHO Inc. v. Mississippi Environmental Quality Permit Board, 2022-CT-01068-SCT (denying cert)
  • Harvey v. State, 2023-CT-00157-SCT (denying cert)
  • Clark v. State,  2024-M-00201-SCT (denying Petition for Permission to Appeal Circuit Court’s Order Denying Petitioner’s Motion for Discovery)

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Mississippi Supreme Court Decisions of August 1, 2024

The Mississippi Supreme Court handed down one opinion today in a direct criminal appeal. There are several noteworthy orders including an order suspending a lawyer from practice and an order adopting the Mississippi Collaborative Law Rules.

Williams v. State, 2023-KA-00153-SCT (Criminal – Felony)
Affirming denial of defendant’s motion for new trial after he was convicted of sexual battery, holding that conflicting testimony did not prove that the verdict was against the overwhelming weight of the evidence.
(9-0)

Other Orders

  • In Re: Rules for Collaborative Law, 89-R-99044-SCT (En banc order granting the Mississippi Bar’s Petition to Create Rules for Collaborative Law and adopting the Mississippi Collaborative Law Rules) (Note – I suppose these rules will join twenty-three other sets of rules under the MS Rules of Court.)
  • The Mississippi Bar v. Rogers, 2024-BD-00215-SCT (suspending respondent from the practice of law)
  • Smith v. Ford, 2022-CT-00255-SCT (denying cert)
  • Fluker v. State, 2022-CT-00692-SCT (granting cert)
  • Barefield v. Barefield, 2022-CT-00834-SCT (denying cert)
  • Quinn v. State, 2022-CT-00962-SCT (granting cert)
  • Hunter v. State, 2022-CT-01269-SCT (dismissing cert petition as untimely)
  • In Re: Administrative Orders of the Supreme Court of Mississippi, 2024-AD-00001-SCT (directing the disbursement of $176,989.51 in civil legal assistance funds among the MS Center for Legal Services, MS Volunteer Lawyers Project, and North MS Rural Legal Services)

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Mississippi Supreme Court Decisions of July 25, 2024

The Mississippi Supreme Court handed down just one opinion today in a direct criminal appeal. Since I had a 1:30 p.m. hearing today, I welcome the reprieve from volume.

Sheely v. State, 2023-KA-00493-SCT (Criminal – Felony)
Affirming conviction of possession of more than 0.1 gram but less than 2 grams of meth, holding that the evidence was sufficient to support the verdict and that the trial court did not abuse its discretion in denying the defendant’s proposed broken chain of custody instruction because the defendant did not overcome the presumption of regularity.
(9-0)

Other Orders

  • Hutto v. State, 2017-DR-01207-SCT (denying motion for leave to file successive petition for PCR)
  • Harper v. State, 2022-CT-00659-SCT (denying cert)

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Mississippi Supreme Court Decisions of July 18, 2024

The Mississippi Supreme Court handed down three opinions today. There are two direct criminal appeals (one of which resulted in reversal) and one convoluted civil case stemming from business dealings related to a mixed-use development.

Jones v. State, 2022-KA-01173-SCT (Criminal – Felony)
Affirming conviction of murder, holding that the defendant was not denied a fair and impartial trial by the State’s reference to other bad acts in its opening statement and that the verdict was not against the overwhelming weight of the evidence.
(9-0)

Walker v. State, 2023-KA-00467-SCT (Criminal – Felony)
Reversing conviction of knowlingly possessing methamphetamine with a firearm enhancement, holding that the State failed to present sufficient, competent evidence connecting the defendant to the meth to establish constructive possession where there was another passenger in the vehicle the defendant was driving and the meth was found between the driver’s seat and the center console.
(8-1: Randolph dissented)

NOTE – Here is some of the key rationale:

Landrum v. Livingston Holdings, LLC, 2022-CA-00498-SCT (Civil – Other)
Affirming in part and reversing in part on direct and cross-appeal in a dispute arising out of business agreements related to a mixed-use development, holding that the chancellor did not err in finding that one litigant did not have derivative standing on behalf of an LLC; that the chancellor did not err in denying a Rule 52(a) request for findings of fact and conclusions of law; that the chancellor did not err in denying a Rule 54(b) motion for final judgment; that the chancellor erred in finding no fiduciary duty existed between to entities but did not err in such a find as to others; that several issues were waived for failure to cite authority in briefing; that the chancellor did not err in excluding expert testimony; that the chancellor erred in dismissing the breach of contract claim; and that the chancellor erred in denying attorneys’ fees.
(6-3: King concurred in part and dissented in part, joined by Kitchens; Griffis concurred in part and dissented in part, joined by Kitchens and King)

NOTE – The majority opinion is 44 pages that include many convoluted underlying facts that I have not attempted to convey here.

Other Orders

  • In Re: The Mississippi Access to Justice Commission, 89-R-99032-SCT (reappointing Hon. Tiffany Grove, David Haadsma, and Julian Miller as Commissioners of the Access to Justice Commission to terms expiring June 30, 2027, and appointing Michael Carr, Hon. Joseph Kilgore, and Barrett Blake Teller as Commissioners to terms expiring June 30, 2027, to succeed Michelle Clouse, Hon. Trent Favre, and Stephen Johnson.)
  • Ronk v. State, 2021-DR-00269-SCT (denying rehearing)
  • Riordan v. Estate of Haguewood, 2022-CT-00606-SCT (denying cert)
  • Ratcliff v. State, 2022-CT-00690-SCT (granting cert)
  • Scates v. State, 2022-CT-00856 (denying cert)
  • Premier Radiology, P.A. v. Davis, 2022-IA-00916-SCT (denying reconsideration and reinstatement)

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Mississippi Supreme Court Decisions of June 27, 2024

The Mississippi Supreme Court handed down three opinions yesterday. The first opinion is a decision about damages following a voided tax sale. The second is an answer to a certified question from the Fifth Circuit asking whether Mississippi law permits workers’ comp policies to be voided ab initio based on a material misrepresentation. The third opinion reviews summary judgment in a med mal case centering on whether the discovery rule applied.

Thoden v. Hallford, 2022-CA-00835-SCT (Civil – Real Property)
Affirming in part and reversing in part the chancellor’s decisions in a case stemming from a voided tax sale of real property, holding that the chancellor correctly determined that the buyer was entitled to a refund of the purchase price of the voided sale plus interest, that the buyer was not entitled to reimbursement for costs incurred on the property, and that the legal owner was entitled to a set-off, but that the chancellor erred by determining that the purchaser was not entitled to taxes paid between the purchase and the voidance.
(7-0: Randolph and Griffis did not participate)

American Compensation Ins. Co. v. Ruiz, 2023-FC-01160-SCT (Civil – Federally Certified Question)
Answering a certified question from the Fifth Circuit, holding that workers’ compensation policies cannot be voided ab initio based on an material misrepresentation by the employer because the MWCA controls, rescission is inconsistent with Section 71-3-77(1), and allowing rescission would go against the express, statutory purpose of the MWCA.
(7-1: Coleman dissented, Randolph did not participate)

NOTE/DISCLOSURE: I represented one of the parties in this case and argued that the common law remedy of voiding a policy ab initio cannot be used to void a workers’ comp policy because of the comprehensive and exclusive nature of the MWCA. This issue had never been addressed by Mississippi courts, so when the carrier appealed the U.S. District Court’s decision granting our motion for summary judgment, the Fifth Circuit submitted a certified question to the Mississippi Supreme Court. This has been one of my favorite cases to handle with an interesting, novel legal issue at its core. Needless to say, I am gratified that the question was answered in my client’s favor despite great lawyering by opposing counsel.

Here is the crux of the Court’s holding:

McNinch v. Brandon Nursing & Rehabilitation Center, L.L.C., 2023-CA-00050-SCT (Civil – Wrongful Death)
Reversing summary judgment in favor of the defendant nursing home and hospital in a med mal case, holding the discovery rule tolled the statute of limitations where suit was filed within two years and sixty-days of when the decedent’s widow received his medical records which were requested with reasonable diligence.
(9-0)

Other Orders

  • In Re: Commission on Continuing Legal Education, 89-R-99011-SCT (reappointing Elizabeth Lee Maron, Robert Michael Tyler, Jr., and Sam H. Buchanan to three-year terms)
  • Archie v. State, 2022-KA-00326-SCT (denying rehearing)
  • Mississippi Department of Child Protection Services v. B.F., 2023-IA-00689-SCT (dismissing interlocutory appeal as moot)

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