The Mississippi Supreme Court did not hand down any opinions today. There are a handful of orders including a bar discipline order.
Other Orders
The Mississippi Supreme Court handed down four opinions today. There is an decision about whether a subdivision’s roads are public or private, a Miller PCR case, a decisions about the applicability of McArn exceptions to at-will employment, and a felony case analyzing three jury instructions.
Newton County, Mississippi v. Deerfield Estates Subdivision Property Owners Association, LLC, 2022-CA-01227-SCT
(Civil – Real Property)
Affirming the chancellor’s decision in a case about whether the main roads in a subdivision are private or public roads, holding that the chancery court did not err in finding that the roads were accepted by the county via express common law dedication where the boards accepted the roads in its minutes, the rights of way over the roads, no tax had been levied on the rights of way, and the public had unrestricted access to the roads.
(9-0)
McDowell v. State, 2021-CT-01381-SCT (Civil – PCR)
Reversing sentence of life without parole after a resentencing trial pursuant to Miller, holding that the trial court’s unopposed grant of a jury trial under Miss Code. Ann. § 99-19-101(3) (Rev. 2020) made that section applicable to the entirety of the proceedings and therefore the trial court erred by conducting a Miller analysis and sentencing the defendant to life without parole.
(5-2-2: Maxwell concurred in part and in the result, joined by Randolph and Chamberlin; Beam dissented, joined by Griffis, and joined in part by Randolph and Maxwell.)
Brandi’s Hope Community Services, LLC v. Walters, 2022-CT-00188-SCT (Civil – Torts/Other)
Affirming in part and reversing in part the Court of Appeals and circuit court’s decisions after a wrongful termination verdict in the plaintiff’s favor, holding that the public policy exceptions to at-will employment established in McArn v. Allied Bruce-Terminix Co., Inc., do not conflict with the reporting protections in section 43-47-37(5)(b) of the Vulnerable Persons Act and that the plaintiff was qualified to bring wrongful termination claims.
(9-0)
Saxton v. State, 2023-KA-00226-SCT (Criminal – Felony)
Affirming conviction of aggravated assault, holding that the trial court erred in granting an unopposed instruction that contained an “incomplete” statement of Mississippi’s self-defense law but that the error did not result in a miscarriage of justice in light of other instructions given, that the trial court did not in in granting a definitional instruction on “imminent danger,” and that the trial court did not err in denying the defendant’s self-defense instruction as repetitive.
(5-4: Maxwell specially concurred, joined by Kitchens, Coleman, and Chamberlin; Kitchens concurred in part and in the result, joined by King and Ishee, and joined in part by Coleman.)
Other Orders
A couple of pictures from my trip to circuit court in Warren County yesterday:
The Mississippi Supreme Court handed down two opinions yesterday. One is a temporary custody case that the Court took up on interlocutory appeal and the other is the conclusion of a major school-funding case.
Hinds v. Caldwell, 2023-IA-00813-SCT consolidated with 2023-IA-00839-SCT (Civil – Custody)
Reversing the chancellor’s temporary order granting durable legal and physical custody of a foster child and dismissing CPS, holding that the chancellor erred by divesting CPS of custody and dismissing CPS without a hearing.
(9-0)
Midsouth Ass’n of Independent Schools v. Parents for Public Schools, 2022-SA-01129-SCT (Civil – Unconstitutional Statute)
Vacating the chancellor’s decision that two statutes creating and funding a grant program for schools, holding that the petitioner organization failed to demonstrate an adverse impact sufficient to grant associational standing or prove that it had taxpayer standing.
(7-2: King dissented, joined by Kitchens)
Other Orders
Because of a string of litigation deadlines followed by a blessed week out of the office last week, I am behind on summaries. It has been a relatively slow month for hand downs in terms of volume from the Mississippi Supreme Court, so I am consolidating the last few weeks in this one post.
April 2, 2024 (a bonus Tuesday decision)
Barker v. Ivory, 2024-EC-00347-SCT (Civil – Election Contest)
Affirming the circuit court’s decision finding that a would-be candidate for Alderman was not qualified, holding that issues regarding the validity of the petition to object were procedurally barred and that the trial court’s decision that he failed to satisfy the two-year residency requirement was supported by sufficient evidence in the record.
(9-0)
April 4, 2024
State of Mississippi v. Aldrich, 2022-SA-01088-SCT (Civil – Real Property)
Affirming the chancery court’s ruling in favor of a private landowner in a dispute over whether an acre of Mississippi coastal land was properly designated as State-owned tidelands, holding that the secretary of state had failed to following statutory guidelines in drafting the maps and failed to meet its burden of proof that the artificial filling was not the product of the deposition of oyster shells and dredge spoils.
(7-1-0: Kitchens concurred in part and in the result without writing; Randolph did not participate)
Archie v. State, 2022-KA-00326-SCT (Criminal – Felony)
Affirming convictions of conspiracy and capital murder, holding that the defendant was entitled to an instruction on his alibi theory of defense but that the trial court’s error refusing of that instruction was harmless error, that the trial court did not abuse its discretion in refusing the defendant’s proposed reasonable doubt instruction on the basis that it was cumulative, that the trial court did not err by admitting photos of the defendant that were authenticated by a witness other than the photographer, that the verdicts were not against the overwhelming weight of the evidence, and that the ineffective assistance of counsel claim was without merit.
(5-4: Coleman dissented, joined by Kitchens, King, and Ishee)
NOTE – The dissent asserted that Mississippi law required an alibi instruction and that the failure to give the alibi instruction could not be harmless error.
Hayes v. Thomas, 2023-EC-00229-SCT (Civil – Election Contest)
Reversing the circuit court’s grant of a default judgment a year after an election contest was filed questioning the vote count, holding that a default judgment was not permissible in this general election contest (per section 23-15-951) and that the petitioner’s failure to diligently prosecute her contest required dismissal with prejudice.
(9-0)
April 11, 2024
– No opinions (other orders are below)
April 18, 2024
Robinson v. State, 2023-KA-00184-SCT (Criminal – Felony)
Affirming conviction of heat-of-passion manslaughter, holding that whether trial counsel was ineffective for failing to request a right-to-stand-your-ground jury instruction could not be analyzed on direct appeal based on direct appeal and holding that the State’s evidence was sufficient disprove the defendant’s self-defense claim.
(9-0)
Other Orders
April 4, 2024
April 11, 2024
April 18, 2024
Hand Down Pages
The Mississippi Supreme Court handed down three opinions today: one certificate of need matter and two direct criminal appeals. It was a big day, however, for “Other Orders” as the Supreme Court adopted revisions to the Uniform Chancery Rules, approved local rules for a circuit court district, and issued decisions in two bar disciplinary matters.
Wakefield v. State, 2021-CT-00187-SCT (Criminal – Felony)
Affirming convictions of accessory after the fact to car theft, kidnapping, and murder, holding that under the unit of prosecution test the State may charge multiple violations of section 97-1-5 for each felony committed.
(6-3: Kitchens concurred in part and dissented in part joined by King and Ishee)
Owen v. State, 2021-CT-00887-SCT (Criminal – Felony)
Affirming conviction of burglary of a business, holding that the trial court did not abuse its discretion in denying the motion for new trial based on the evidence presented.
(6-3: Griffis dissented, joined by Kitchens and King)
Encompass Health Rehabilitation Hospital of Flowood, LLC v. Mississippi Methodist Hospital and Rehabilitation Center, Inc., 2023-SA-00370-SCT (Civil – State Boards & Agencies)
Vacating the chancery court’s judgment that reversed MSDH’s decision in a certificate of need application matter approving two providers, holding that the chancery court erred in determining that MDHS failed to consider a contemporaneous CON application from another entity for the same category of services and that MDHS did not err in its decision that the contemporaneous CON application was not relevant or in denying to reopen the closed hearing on the contemporaneous CON application.
(7-2: Randolph concurred in part and dissented in part; Griffis dissented.)
Other Orders
In Re: Uniform Chancery Court Rules, 89-R-99006-SCT (adopting revisions to the Uniform Chancery Rules)
In Re: Local Rules, 89-R-99015-SCT (approving local rules for the Fifteenth Circuit Court District)
The Mississippi Bar v. Mayers, 2021-BD-00268-SCT (ordering a lawyer permanently disbarred)
Bennett v. The Mississippi Bar, 2023-BR-00410-SCT (denying motion for reinstatement to the practice of law)
Mississippi Farm Bureau Federation v. Holloway, 2023-IA-01256 (granting petition for interlocutory appeal and stay)
I was out of the office Thursday for an extended weekend camping trip on Horn Island with my oldest son, so hand downs were a bit lower on my priority list than usual. (Proof submitted below.)
While I was at sea, the Mississippi Supreme Court handed down three opinions and appellants went 2-1.
Tommy Brooks Oil Company v. Wilburn, 2022-CA-00551-SCT (Civil – Contract)
Reversing on direct appeal and affirming on cross-appeal after judgments in favor of the defendants on open-account claims, holding that the defense verdict on the open-account was not supported by substantial evidence, and that the plaintiff was entitled to judgment in its favor on liability, and remanding for a new trial on damages and the enforceability of personal guaranty agreements while affirming the denial of the defendants’ claim for attorney’s fees.
(8-0: Maxwell did not participate)
In Re: Death Investigation of Christian Andreacchio, 2023-CA-00060-SCT (Civil – Other)
Affirming the circuit court’s denial of a petition to appoint an attorney to act as district attorney in an effort to spur prosecutions, holding that Mississippi’s victims’ rights statutes did not grant standing to the Estate and that there is no other basis in Mississippi law to allow a private citizen to direct the State’s prosecutorial powers.
(8-1-0: King concurred in result only without separate written opinion)
Lindsey v. Butts, 2022-IA-00738-SCT, consolidated with 2022-IA-00882 (Civil – Wrongful Death)
Reversing the circuit court’s denial of the doctor-defendant’s motion to dismiss for lack of process and denial of the hospital defendant’s motion for summary judgment, holding that the trial court erred by not dismissing the complaint against the doctor because he was never legally served with process which left the circuit court lacking jurisdiction over him and holding that the circuit court erred in denying the hospital’s “preemptive” motion for summary judgment because the plaintiff lacked medical-expert testimony even though the plaintiff’s expert designation deadline had not yet passed.
(6-3: Maxwell concurred in part (as to medical causation SJ) and dissenting in part (as to service of process), joined by Kitchens and King, and joined in part by Beam)
Other Orders
SDBT Archives LLC v. Penn-Star Ins. Co., 2022-CT-00099-SCT (DIG-ed)
Boyington v. State, 2022-CT-00601-SCT (denying cert)
Walmart Stores East, LC v. Melton, 2022-IA-01028-SCT (dismissing interlocutory appeal)
Mathis v. The Mississippi Bar, 2023-BD-01255-SCT (granting leave to resign in good standing from the practice of law)
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)
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)
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)
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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