The Mississippi Supreme Court handed down two opinions today, but do not be deceived by that stat. One of the opinions is a 100+ page decision in a death-penalty PCR case. The other is an appeal of denial a motion to compel arbitration. There is also a linked attorney-discipline case.
Galloway v. State, 2013-DR-01796-SCT (Criminal – Death Penalty – Post Conviction)
Denying motion for leave to proceed in the trial court with PCR petition, holding that (1) the petitioner failed to overcome the presumption that what trial counsel did and did not present as mitigating evidence such as the petitioner’s “true-life story” and mental health issues during the penalty phase might be considered sound trial strategy instead of ineffective assistance; (2) there was no merit to the petitioner’s claim of ineffective assistance during jury selection where counsel used no Batson challenges and an all-white jury was seated or that counsel was otherwise ineffective in voir dire; (3) there was no merit to the petitioner’s claim of ineffective assistance during guilt-innocence phase for not investigating or challenging lack of investigating/challenging the medical examiner’s testimony, in limiting the review of Defense expert’s forensic expert or failing to consult with/prepare him, in failing to assert a Miss. R. Evid. 702 pretrial challenge to the medical examiner’s testimony, or failing to object to the medical examiner’s testimony as outside the scope of the disclosed testimony; (4) there was no merit to the claim that the State corrupted the truth-seeking function of the trial by suppressing material impeachment evidence or presenting false and misleading evidence; (5) the death verdict was not unconstitutionally coerced from a holdout juror; (6) a juror’s exposure to medical coverage showing the victim violated constitutional rights; (7) a juror’s false statement during voir dire that he had not previously served on a criminal jury did not give rise to an inference of prejudice; (8) the petitioner did not show that he was prejudiced when he was placed the defendant in an electronic restraint; (9) death by lethal injection would not violate the petitioner’s rights under the Eighth Amendment or Fourteenth Amendment; and (10) there was no aggregation of errors mandating a reversal.
(9-0)
PriorityOne Bank v. Folkes, 2022-CA-00429-SCT (Civil – Contract)
Affirming denial of motion to compel arbitration, holding that the bank waived the right to arbitration by substantially participating in the litigation and did not file a motion to compel arbitration until after an amended complaint was filed.
(7-2: Griffis dissented, joined by Beam)
PRACTICE POINT – The Supreme Court’s decision appears to hinge on the fact that the amended complained did not add a new cause of action (which was in dispute). This was enough to affirm the denial of the motion to compel arbitration, but the Supreme Court made it clear the plaintiff was bound by her representation that no new claim was asserted:
Other Orders
Jarvis v. State, 2021-M-01196 (denying application for leave to proceed in the trial court, finding the filing frivolous, and warning that future frivolous filings could result in sanctions)
The Mississippi Bar v. Hessler, 2023-BD-00057-SCT (suspending an attorney from the practice of law for one year and one day, with the suspension deferred retroactively to June 22, 2022)
Wakefield v. State, 2021-CT-00187-SCT (denying cert)
Buchanan v. Hope Federal Credit Union, 2021-CT-00218-SCT (denying cert)
In Re: Resignation of Emily Bonds Davey f/k/a Emily Sides Bonds From The Practice of Law in Mississippi, 2023-BD-00963 (granting leave under Rule 11(b) of the Rules of Discipline for the Mississippi State Bar to resign in good standing from the practice of law in Mississippi)
Mississippi Appeals Blog 