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
- Odom v. State, 2021-CT-00676-SCT (denying cert)
- D.W. v. C.E., 2021-IA-01075-SCT (dismissing interloc as moot)
- Hobby v. Ott, 2021-CT-01305-SCT (denying cert)
- Pickle v. State, 2022-CT-00929-SCT (dismissing cert petition as untimely)
April 11, 2024
- Smith v. State, 2020-CT-00774-SCT (denying cert)
- Carpenter v. State, 2022-CT-00398-SCT (denying cert)
- Hall v. State, 2022-CT-01097-SCT (denying cert)
- Pryer v. State, 2023-M-01230-SCT (denying pro se petition to appeal)
- Bennett v. Bennett, 2023-TS-01385 (ordering compliance with MRAP 10(b)(4))
April 18, 2024
- Roberson v. State, 2021-CT-01182-SCT (denying cert)
- Michael P. v. Thomas, 2021-CT-01288-SCT (denying cert)
- Bennett v. State, 2021-CA-01313-SCT (denying rehearing)
- Tubwell v. FV-1, Inc., 2021-CT-01345-SCT (granting pro se cert petition)
- In Re: Administrative Orders of the Supreme Court of Mississippi, 2024-AD-00001-SCT (directing the disbursement of $138,454.56 in civil legal assistance funds among the MS Center for Legal Services, MS Volunteer Lawyers Project, and North MS Rural Legal Services)
- Reeves v. Gary, 2024-EC-00406-SCT (granting motion to vacate response a response and the circuit court’s order in an election contest)
Hand Down Pages
Mississippi Appeals Blog 