Category: Supreme Court

Mississippi Supreme Court Decisions of March 14, 2024

The Mississippi Supreme Court handed down four opinions last week. Three were appeals of criminal convictions and the fourth opinion was an interesting tort case discussing a party’s duties to an opposing party during voir dire.

Jackson v. State, 2023-KA-00273-SCT (Criminal – Felony)
Affirming conviction of sexual battery and sentence to life imprisonment, holding that there was no error after reviewing counsel’s Lindsey brief and the record.
(9-0)

City of Picayune v. Landry Lewis Germany Architects, P.A., 2022-CA-00909-SCT (Civil – Torts – MTCA)
Reversing a judgment against the City based on a claim that the City failed to volunteer information about a juror during voir dire in a civil trial to which the City was a party, holding: “A party litigant has no duty to party opposite to personally intervene during a trial to prevent a fraud on the court by a potential juror.”
(9-0)

Exson v. State, 2022-KA-01089-SCT (Criminal – Felony)
Affirming conviction of burglary of a dwelling, grand larceny, and first degree arson, holding that the issue of whether the State proved its evidence of the value element of the larceny statute was procedurally barred for failure to raise it in a post-trial motion and that the issue of whether the jury instructions were proper was procedurally barred and that there was no plain error.
(9-0)

Marbley v. State, 2022-KA-01280-SCT (Criminal – Felony)
Affirming conviction of aggravated domestic violence, holding that there were no issues warranting appellate review after reviewing counsel’s Lindsey brief and the record.
(9-0)

Other Orders

In Re: Commission on Continuing Legal Education, 89-R-99011-SCT (denying petition of the Commission to amend Rule 3 of the Rules and Regulations for Mandatory Continuing Legal Education)

Ndicu v. Gacheri, 2022-CT-00416-SCT (denying cert)

Wheeler v. Mississippi Limestone Corp., 2022-CT-00534-SCT (denying cert)

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Mississippi Supreme Court Decisions of March 7, 2024

The Mississippi Supreme Court handed down four opinions last Thursday. There is an appeal of the dismissal of an MTCA claim on summary judgment, an appeal of a Medicaid reimbursement-rate decision, and an appeal by a victorious pro se party. The headliner, however, is the appeal of Willie Godbolt’s convictions for the infamous 2017 shooting of eight people in Lincoln County.

Federinko v. Forrest County, Mississippi, 2023-CA-00204-SCT (Civil – MTCA)
Affirming the trial court’s grant of summary judgment for the defendant, holding that the plaintiff failed to allege a tortious or negligent act with respect to the MTCA defendants’ decision not to conduct an autopsy or obtain postmortem blood and fluids.
(9-0)

Mississippi Division of Medicaid v. Women’s Pavilion of South Mississippi, PLLC, 2023-SA-00098-SCT (Civil – State Boards & Agencies)
Affirming the chancery court’s decision vacating Medicaid’s reimbursement-rate decision, holding that the administrative officer did not have to defer to Medicaid’s initial decision but was to make findings of fact and a determination of the issues presented.
(8-0: Beam did not participate)

Stratton v. McKey, 2023-CP-00451-SCT (Civil – Other)
Affirming the circuit court’s denial of the pro se plaintiff’s Rule 60 motion to vacate a judgment in his favor that awarded him possession of his classic truck and monetary damages.
(9-0)

Godbolt v. State, 2020-DP-00440-SCT (Criminal – Death Penalty – Direct Appeal)
Affirming conviction of four counts of capital murder, four counts of first-degree murder, two counts of kidnapping, one count of attempted murder, and one count of armed robbery garnering four death sentences, six life sentences, and two twenty-year terms, holding that the trial court did not err in (1) denying a motion to server; (2) transferring venue to a neighboring county (with a jury drawn from a distant county); (3) “limiting” voir dire where the process lasted four days and produced nearly 800-pages of transcript; (4) denying a motion to suppress statements made to media and law enforcement; (5) denying a motion to suppress evidence obtained from the defendant’s home, vehicle, cell phone, other electronic devices; (6) allowing the defendant’s wife to testify under Rule 601(b)(2); (7) admitting evidence of prior bad acts; (8) admitting 911 calls; (9) not ordering a psychiatric evaluation that the defendant opposed; (10) admitting Facebook messages over an authentication objection; (11) only allowing the defendant (who exercised his right not to testify) limited time for allocution during closing arguments; (12) denying motion to exclude victim impact evidence; and the Supreme Court also (13) deferred the ineffective assistance claim to the PCR phase; (14) held that there was no Brady violation regarding the destruction of the defendant’s phone after all data and information from the phone were given to the defendant; (15) that the defendant’s right to an impartial jury was not violated; (16) held that there was no evidence of prosecutorial misconduct; (17) that the “heinous, atrocious or cruel” aggravator was not unconstitutional; (18) that the death penalty was not unconstitutional; (19) that the death penalty was not disproportional; (20) and that there was no error, so the cumulative error argument was without merit.
(7-2: King dissented, joined by Kitchens)

NOTE– You should never treat my summaries as a substitute for reading cases that you intend to rely on. This is especially true in a case like this one. This is probably the longest summary I have posted, but I have only scratched the surface.

Other Orders

Love v. State, 2021-CT-01101-SCT (granting pro se cert petition)

Norwood v. Smith, 2021-IA-01404-SCT (dismissing interlocutory appeal)

Rehabilitation Centers, Inc. v. Williams, 2023-CT-00453-SCT (denying in part and dismissing in part petition for cert and reverse and stay of mandate or in the alternative petition for interlocutory appeal)

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Mississippi Supreme Court Decisions of February 1, 2024

The Mississippi Supreme Court handed down two opinions today. One addressed whether a father who relinquished parental rights qualified as a wrongful death beneficiary of the child. The other addressed the status of the “colorable interest standard” for standing analysis. There was also an order granting a petition for reinstatement to the bar.

Gibson v. McNatt, 2023-CA-00007-SCT (Civil – Wrongful Death)
Affirming the chancery court’s finding that a deceased minor’s father who had previously relinquished all parental duties and rights in Texas was not a wrongful death beneficiary under Mississippi law, holding that the chancery court did not abuse its discretion because the Texas termination order was valid and was not subject to collateral attack under Mississippi law.
(9-0)

Pearson v. Eubanks, 2022-CT-00011-SCT (Civil – Wills, Trusts & Estates)
Affirming the Court of Appeals that reversed the chancery court’s ruling, holding that the Court of Appeals correctly held that the petitioners had standing, but emphasizing that the Court of Appeals has improperly relied on the “colorable interest standard” that has been abandoned by the Supreme Court.
(8-1-0: King concurred in result only without writing)

Practice Point – The Supreme Court’s short opinion had this to say about the colorable interest standard:

Other Orders

Toolpushers Supply Co. v. Mississippi Department of Revenue, 2021-CT-01186-SCT (granting cert)

Prather v. State, 2021-CT-01416-SCT (denying cert)

Prophet v. State, 2022-CT-00933-SCT (dismissing cert petition)

Jones v. The Mississippi Bar, 2022-BR-01256-SCT (granting petition for reinstatement)

Gibson v. McNatt, 2023-CA-00007-SCT (denying motion to take judicial notice, objections and/or responses to various filings, and motions to strike)

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Mississippi Supreme Court Decisions of January 25, 2024

The Mississippi Supreme Court handed down two opinions on Thursday. One is an appeal seeking to set aside a foreclosure sale. The other is an appeal of summary judgment dismissing a workers’ comp bad faith claim that addresses whether an employer’s duties under the MWCA can be delegated to a third-party administrator.

Evans v. MC & J Investments, LLC, 2022-CA-01248-SCT (Civil – Real Property)
Affirming the chancery court’s refusal to set aside a foreclosure sale, holding that although the statute of frauds does not bar recovery when promissory estoppel is appropriate there was no evidence of reliance in this case and that the trial court did not err in finding that the foreclosure sale price was not so inadequate as to shock the conscience.
(9-0)

Hardaway v. Howard Industries, Inc., 2022-CA-00787-SCT (Civil – Workers’ Comp)
Affirming summary judgment in favor of an employer in a bad faith lawsuit that followed after the plaintiff’s denied comp claim was found to be compensable by the Commission, holding that the self-insured employer’s administrative duty under the MWCA was delegable and the employer had delegated its duties to a third-party administrator and that the employer’s conduct did not rise to the level of gross negligence.
(9-0)

PRACTICE POINT – This is an important paragraph for future litigants addressing the impact of deposition testimony about legal duties:

Other Orders

In Re: Rules of Discipline for the Mississippi Bar, 89-R-99010-SCT (appointing Hon. Dal Williamson, Circuit Judge, as a member of the Complaint Tribunal from the entry of this order through 8/31/26 for the balance of the term of Hon. Claiborne “Buddy” McDonald IV, Circuit Judge, deceased)

Shoemaker v. State, 2019-M-00832 (denying application for leave to proceed in the trial court, finding the application frivolous, and warning that future frivolous filings could result in sanctions)

Manley v. Manley, 2021-CT-00700-SCT (denying cert)

Knight v. State, 2021-CT-01192-SCT (denying cert)

SDBT Archives LLC v. Penn-Star Insurance Company, 2022-CT-00099-SCT (granting cert)

Brandi’s Hope Company Services, LLC v. Walters, 2022-CT-00188-SCT (denying cert)

West v. State, 2022-CT-00432-SCT (denying cert)

Hill v. State, 2022-CT-00524-SCT (denying cert)

Winston v. State, 2022-CT-00747-SCT (dismissing cert petition as untimely)

Francis v. State, 2022-CA-00964-SCT (denying rehearing)

Harris v. State, 2022-KA-01113-SCT (denying rehearing)

Bell v. State, 2022-CT-01141-SCT (denying cert)

Harvey v. State, 2023-CT-00157-SCT (dismissing cert petition as untimely)

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Mississippi Supreme Court Decisions of January 18, 2024

The Mississippi Supreme Court handed down four opinions on Thursday, January 18. Of the four, there were three direct criminal appeals and the fourth was an appeal in a money dispute between a county and a school district.

Douglas v. State, 2022-KA-00859-SCT (Criminal – Felony)
Affirming conviction of sale of cocaine and life sentence as habitual offender, holding that the defendant waived defective indictment argument by failing to object in the trial court, that the argument that his indictment was improper because his name was incorrect was barred and without merit, that the defendant was not denied the right to represent himself because he never asked to, that the judge did not err by not recusing sua sponte, that witness credibility was for the jury to determine, that the defendant’s Fourth Amendment arguments were barred and without merit, that there was no merit to the defendant’s chain-of-custody argument, that there was no merit to the defendant’s Brady claim, that the defendant’s arguments about the amount of the controlled substance were without merit, that the defendant’s Confrontation Clause argument was barred and without merit, that the verdict was not against the overwhelming weight of the evidence, that the defendant’s argument that his right to a public trial was not violated where the jury deliberated and returned a verdict after business hours, and that the ineffective-assistance-of-counsel claim was without merit.
(9-0)

Davis v. State, 2022-KA-00696-SCT, consolidated with Jackson v. State, 2022-KA-00731-SCT (Criminal – Felony)
Affirming convictions of two counts of first-degree murder but vacating a portion of the sentences, holding that the firearm-enhancement portion of the sentences was prohibited because a greater minimum sentence (life sentence) was otherwise provided for, but holding that under the plain error doctrine there was no evidence the defendants did not receive a fair trial by an impartial jury where the Batson challenge procedure was not followed to determine if the race-neutral reason was pretextual, that the verdict supported by sufficient evidence and was not against the overwhelming weight of the evidence, that the trial court did not err in denying one defendant’s motion to server, and the cumulative errors doctrine did not require reversal.
(6-3: Kitchens dissented, joined by King and Ishee; King dissented, joined by Kitchens and Ishee)

Clarke County, Mississippi v. Quitman School District, 2022-CA-00471-SCT (Civil – Other)
Reversing on direct appeal and on cross appeal in a case about whether a school district was entitled to funds recovered by a county from the bankruptcy proceedings of a delinquent taxpayer, holding that the statutory scheme for funding public schools does not entitle school districts to receive delinquent taxes recovered years later in bankruptcy proceedings that are outside of the statutory scheme so the chancellor erred in awarding the school district a portion of the funds.
(9-0)

Stewart v. State, 2022-KA-00107-SCT (Criminal – Felony)
Affirming conviction of sexual battery, holding that in the context of the COVID-19 global pandemic the trial court was within its discretion to have the defendant attend a pretrial, tender-years hearing virtually; that the verdict was supported by sufficient evidence; that issues related to jury instructions were barred for failure to object and there was no plain error; and that the trial court did not err in sustaining the State’s objection to certain lines of questions while defense counsel was cross-examining witnesses.
(6-3: Kitchens concurred in result only, joined by King and Ishee)

Other Orders

In Re: State Intervention Courts Advisory Committee, 89-R-99039-SCT (approving the designation of Katharine Surkin, Director of the Administrative Office of the Courts, of Justice Robert P. Chamberlin as Chair of the State Intervention Courts Advisory Committee and the following as members through December 31, 2024: Judge Michael M. Taylor, Judge Winston L. Kidd, Judge Robert Helfrich, Judge Charles E. Webster, Judge Kathy King Jackson, Judge Randi P. Mueller, Representative Angela Cockerham, Nathan Blevins Deputy Commissioner of Community Corrections, MDOC, Mark Smith, Executive Director, State Veterans Affairs Board, Andrea Sanders, Commissioner, Miss. Department of Child Protection Services, and Consuelo Walley, Coordinator, Jones County Drug Ct, 18th Judicial Circuit, and further designating the following alternate members who may attend and vote in the absence of an appointed committee member: Judge Mary “Betsy” Cotton, Judge Mike Dickinson, and Judge Walt Brown.

Cochran v. State, 2014-M-00090 (denying “Request for Post-Conviction Forensic, DNA, and Handwriting Testing,” finding that the filing was frivolous, and warning that future frivolous filings may be sanctioned)

Trest v. State, 2021-CT-00968-SCT (denying cert)

Jackson Pub. Sch. Dist. v. Jackson Federation of Teachers and PSRPS, 2022-CA-00464-SCT (denying cert)

Brent v. MDHS, 2022-CT-00529-SCT (granting cert)

In Re: Administrative Orders of the Supreme Court of Mississippi, 2024-AD-00001-SCT (directing the disbursement of $215,281.86 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 January 11, 2024

The Mississippi Supreme Court handed down four opinions and entered an impressive sixteen “other orders” today. The opinions are a direct criminal appeal, an ecclesiastical abstention case, a precedent-overruling PCR case, and a contract case deciding whether a post-mediation agreement was enforceable. Among the sixteen other orders is an order amending Rule 54 of the Mississippi Rules of Civil Procedure that civil practitioners should note.

Hawkins v. State, 2022-KA-01250-SCT (Criminal – Felony)
Affirming conviction of sexual battery, holding that there was sufficient evidence for a reasonable jury to find based on the totality of the circumstances that the defendant was in a position of trust or authority over the victim.
(9-0)

Melton v. Union Hill Missionary Baptist Church, 2022-CA-00737-SCT (Civil – Other)
Reversing and vacating the chancery court’s judgment in a dispute over whether a church had been removed its pastor, holding that the doctrine of ecclesiastical abstention put this question outside of the chancery court’s jurisdiction and that the well-meaning chancellor violated the Mississippi Constitution and the Establishment Clause when he personally moderated a congregational meeting to hold a second vote on the pastor and declared the church’s sanctuary a courtroom.
(9-0)

NOTE – The Court also had this to say about the congregational meeting:

Ronk v. State, 2021-DR-00269-SCT (Civil – PCR)
Affirming denial of motion for relief from judgment or for leave to file successive petition for PCR that included an ineffective assistance claim, overruling Grayson v. State to the extent it excepted ineffective-assistance-of-post-conviction-counsel claims from the UPCCRA’s bars in death-penalty cases, based on the recent Howell decision.
(6-3: Kitchens dissented, joined by King and Ishee)

Logan v. RedMed, LLC, 2022-CA-00669-SCT (Civil – Contract)
Reversing the trial court’s judgment enforcing a settlement following a mediation, holding that the proposed settlement agreement that resulted from the mediation lacked material terms required by Mississippi contract law.
(6-3: Chamberlin dissented, joined by Maxwell and Beam)

Other Orders

In Re: The Rules of Civil Procedure, 89-R-99001-SCT (amending Rule 54, effective January 18, 2024)

NOTE – Here is the amended text of Rule 54(d):

And here is the amended Advisory Committee Historical Note:

In Re: The Rules of Discipline for the Mississippi Bar, 89-R-99010-SCT (appointing or reappointing Hon. Eleanor Faye Peterson, Clarence Webster III, Jackye C. Bertucci, Hon. Mark A. Maples, Hon. Celeste E. Wilson, and Charles Elliott Winfield as complaint tribunal members for three-year terms from January 1, 2024, through December 31, 2026)

Flynt v. State, 2016-M-00862 (denying PCR motion, finding the motion frivolous, and warning that future frivolous filings might result in sanctions)

Williams v. State, 2016-M-01063 (denying PCR motion, finding the motion frivolous, and warning that future frivolous filings might result in sanctions)

Cavitt v. State, 2018-M-00197 (denying PCR motion, finding the motion frivolous, and warning that future frivolous filings might result in sanctions)

Ronk v. State, 2021-DR-00269-SCT (denying motion for relief from judgment or leave to file successive PCR petition)

Howard Industries, Inc. v. Hayes, 2021-CT-00694, consolidated with 2021-CT-00695 (granting appellee’s motion for attorney’s fees for additional services provided and denying rehearing)

Christian v. State, 2021-M-00807 (denying PCR motion, finding the motion frivolous, and warning that future frivolous filings might result in sanctions)

Priceline.com, LLC v. Fitch, 2021-CA-00868-SCT (denying rehearing)

Johnson v. Johnson, 2021-CT-01080-SCT (denying cert)

Ehrhardt v. State, 2021-CT-01143-SCT (denying cert)

Pearson v. Eubanks, 2022-CT-00011-SCT (granting cert)

Brown v. State, 2022-CT-00069-SCT (denying cert)

Roosa v. Roosa, 2022-CT-00128-SCT (denying cert)

Tarvin v. State, 2022-M-00260 (denying PCR motion, finding the motion frivolous, and warning that future frivolous filings might result in sanctions)

The Mississippi Bar v. Russell, 2023-BD-00843-SCT (granting petition to transfer lawyer to disability inactive status)

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Mississippi Supreme Court Decisions of December 14, 2023

The Mississippi Supreme Court handed down three opinions today and one order approving local rules. There is a direct criminal appeal, a legal malpractice case before the supreme court on a forum-selection issue, and a contract/judgment case. The court’s cert denying machine is also humming along, with six cert petitions denied and none granted today.

Mills v. State, 2022-KA-00617-SCT (Criminal – Felony)
Affirming conviction of first-degree murder, holding that the trial court did not err in admitting photographs of the accident scene, photos of the victims wounds, or footage from the responding officer’s body camera, and holding that the verdict was not against the overwhelming weight of the evidence.
(9-0)

Breal v. The Downs Law Group, 2023-CA-00132-SCT (Civil – Legal Malpractice)
Reversing the trial court’s sua sponte enforcement of a forum-selection clause and dismissal of a legal malpractice claim, holding that forum-selection concerns venue and may be waived, and that “venue had clearly been waived” after one year of litigation.
(9-0)

Bhana v. Patel, 2022-IA-01264-SCT (Civil – Contract)
Reversing the chancery court’s renewal of a judgment on a loan, holding that the chancery court abused its discretion because the original judgment expired and the plaintiff failed to renew the judgment in any manner provided by law and that the defendant’s “slight delay in asserting a statute of limitations defense was neither substantial nor unreasonable.”
(8-1-0: Randolph concurred in result only without writing)

Other Orders

In Re: Local Rules, 89-R-99015-SCT (granting motion for approval of local rule filed by circuit court judges for the first circuit court district)

Clayton v. State, 2021-CT-00505-SCT (denying cert)

Williamson v. State, 2021-CT-00830-SCT (denying cert)

McInnis Elec. Co. v. Brasfield & Gorrie, LLC, 2021-CA-01115-SCT (consolidated with 2021-CA-01300) (denying rehearing)

Holliday v. State, 2022-CT-00149-SCT (denying cert)

Applewhite v. State, 2022-CT-00290-SCT (denying cert)

Rhodes v. RL Stratton Props. LLC, 2022-CT-00338-SCT (denying cert)

Carter v. PERS, 2022-CT-00383-SCT (denying cert)

River Oaks Hospital, LLC v. Thompson, 2023-M-00481-SCT (denying interloc)

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Mississippi Supreme Court Decisions of December 7, 2023

The Mississippi Supreme Court handed down one opinion on Thursday. It was a 5-4 split over whether the petitioner who was sentenced to mandatory life without parole as a minor before Miller had a statutory right to be resentenced by a jury.

Dampier v. State, 2021-CT-00280-SCT (Civil – PCR)
Affirming sentence of life without parole after the trial could conducted a hearing and considered the Miller factors, holding that there was no statutory right to be resentenced by a jury under section 99-19-101(1) under the facts of this case.
(5-4: Coleman dissented, joined by Kitchens, King, and Ishee)

NOTE – The majority provided some procedural clarification:

The dissent took issue with the fact that a jury had never weighed the applicable statutory aggravating and mitigating factors:

Other Orders

Manning v. State, 95-DP-00066-SCT (holding State’s motion to lift stay of execution, set execution date, and dismissing second successive PCR motion in abeyance until the Court rules on the petitioner’s motion for leave to file successive petition for PCR)

Galloway v. State, 2013-DR-01796 (denying motion to stay mandate pending cert; denying rehearing)

Parisie v. State, 2017-M-00685 (denying application for leave to proceed in the trial court pro se, finding the filing was frivolous, and waning that future frivolous filings could result in sanctions)

S.F. v. Lamar Cnty. Dept. of Child Protection Servs., 2021-CA-00466-SCT (denying rehearing)

Lewis v. State, 2021-CT-00472-SCT (denying cert)

Renfroe v. Parker, 2021-CT-01048-SCT (denying cert)

Herbert v. Herbert, 2021-CT-01291-SCT (dismissing cert petition)

Tran v. State, 2022-CT-00094-SCT (denying cert)

Wells v. State, 2022-CT-00157-SCT (denying cert)

Z.E.F. v. Lamar Cnty. Dept. of Child Protection Servs., 2022-CA-00695-SCT (denying rehearing)

Sanders v. Reeves, 2022-CT-01059-SCT (denying cert)

Madakasira v. Irby, 2023-M-00604-SCT (denying petition for interlocutory appeal)

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Mississippi Supreme Court Decisions of November 30, 2023

The Mississippi Supreme Court handed down three opinions today. There is a case addressing a county’s decisions regarding license and tax exception, an appeal of the denial of a petition for a certificate of rehabilitation to regain the right to possess firearms, and a direct criminal appeal that resulted in a 5-4 decision.

Stokes v. Jackson Sales & Storage Company, 2022-CA-00371-SCT (Civil -Other)
Affirming in part and reversing in part the circuit court’s rulings in a licensing and tax dispute, holding the company’s license is and has been valid since issuance, the license is subject to renewal, the County forfeited its right to taxes during the years it had granted an exemption, and the County had discretion to grant (or not grant) the exemption.
(9-0)

Francis v. State, 2022-CA-00964-SCT (Civil – Other)
Affirming the circuit court’s denial of a petition for a certificate of rehabilitation to restore the right to possess a firearm after felony conviction, holding that the denial of a certificate of rehabilitation is an appealable order, but that the circuit court did not abuse its discretion in denying the certificate and that no hearing was required.
(9-0)

Gunn v. State, 2022-KA-00807-SCT (Criminal – Felony)
Affirming conviction of first degree murder, attempted murder, aggravated assault, and shooting into a dwelling, holding that the trial court did not err by granting a jury instruction allowing an inference of deliberate design and that the verdict was not contrary to the weight of the evidence.
(5-4: Coleman dissented, joined by Kitchens, King, and Ishee)

Note – Here is what the majority said about the jury instruction at issue:

And here is the dissent’s conclusion:

Other Orders

Miller v. Board of Trustees of Second Baptist Church of Starkville, 2020-CT-01384-SCT (denying cert)

Kirk v. Newton, 2021-CT-00684-SCT (denying cert)

Durr v. State, 2021-CT-01109-SCT (granting cert)

Parker v. Canton Manor, 2022-CT-00206-SCT (denied cert)

Francis v. State, 2022-CA-00964-SCT (denying motion to dismiss appeal)

Wilson v. State, 2023-M-00633 (denying application for leave to file PCR motion, finding that the filing is frivolous, and warning that future frivolous filings may result in sanctions)

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