The Mississippi Court of Appeals handed down six opinions today. We have a couple of state boards and agencies decisions, one dealing with recall of a police officer’s certification and the other with a termination of a teacher and suspension of license. There is a real property case involving a church and the invocation of the “ecclesiastical abstention doctrine,” a direct criminal appeal, and two PCR cases.
As a housekeeping note, I have started writing “sub silentio” instead of “without separate written opinion” to indicate concurrences and dissents without separate written opinions. I am not aware of that phrase being used in that specific manner, but I think it gets the point across. This may not seem like a big deal, and it really isn’t, but the frequency with which I have been typing “without separate written opinion” has become a thief of joy for this humble blogger of case summaries.
Walters v. Board on Law Enforcement Officer Standards and Training, 2022-SA-00378-COA (Civil – State Boards and Agencies)
Affirming the chancery court’s decision affirming Board’s decision to recall a police officer’s processional certification, holding that the Board’s decision was not arbitrary and capricious, did not violate the former officer’s constitutional rights, and were supported by substantial evidence including evidence of unnecessary force, violations of department policies, and racist text messages.
(10-0)
NOTE– The Court also granted in part a motion from the Board to unseal the case file.
Pickle v. State, 2022-CP-00929-COA (Civil – PCR)
Affirming the circuit court’s decision denying a motion to vacate a sentence for capital murder while committing criminal rape from 1978, holding that the petitioner was not illegally sentenced and that he was not entitled to a Miller resentencing hearing.
(8-2-0: Emfinger concurred in part and in the result sub silentio; Lawrence concurred in the result only sub silentio.)
Greater New Hamilton Grove Baptist Church v. Hamilton Grove Missionary Baptist Church, 2022-CA-00518-COA (Civil – Real Property)
Affirming the chancellor’s ruling that a deed purporting to convey real property owned by a church was invalid because it was not authorized by a resolution under section 79-11-31(1), holding that the chancellor was not deprived of subject matter jurisdiction under the “ecclesiastical abstention doctrine,” that the “minutes rule” was not applicable because a church is not a public board, and the chancellor did not abuse her discretion in granting the plaintiff leave to file an amended complaint.
(10-0)
NOTE – I thought the Court’s summary of its decision on the ecclesiastical abstention doctrine was interesting:
Badger v. State, 2022-CP-00831-COA (Civil – PCR)
Affirming denial of the petitioner’s third motion for PCR twelve years after pleading guilty, holding that the circuit court did not err in finding that the motion was time-barred and did not meet any statutory exception under the UPCCRA or any fundamental rights exception that was in effect at that time.
(8-2-0: Westbrooks concurred in result only sub silentio.)
Langley v. Miss. State Board of Education, 2022-SA-01024-COA (Civil – State Board and Agencies)
Affirming the BOE’s decision upholding a teacher’s termination for violations of the BOE’s standards of conduct, suspending her license for five years, and placing conditions on reinstatement, holding that the Commission’s decision as upheld by the Board and the chancery court was supported by substantial evidence and was not arbitrary or capricious, the Commission was authorized to suspect her license, and she was afforded due process at her hearing.
(10-0)
West v. State, 2022-KA-00432-COA (Criminal – Felony)
Affirming conviction of sexual battery and gratification of lust, both while in position of trust and authority, holding that the defendant’s sufficiency of the evidence argument was procedurally barred because it was not raised before the circuit court and that the circuit court did not commit plain error in not sua sponte declaring a mistrial.
(5-3-2: Barnes, McDonald, and Emfinger concurred in part and in the result sub silentio; Greenlee concurred in part and dissented in part sub silentio; Westbrooks concurred in part and dissented in part, joined by McDonald and Greenlee in part)
Other Orders
Wakefield v. State, 2021-KA-00187-COA (denying rehearing)
Estate of Bell v. Estate of Bell, 2021-CA-00789-COA (denying rehearing)
Anderson v. State, 2021-KA-01340-COA (denying rehearing)
McDowell v. State, 2021-CA-01381-COA (denying rehearing)
Everett v. State, 2021-CP-01415-COA (denying rehearing)
Mississippi Appeals Blog 