The Mississippi Supreme Court handed down five opinions on November 21, 2024, while I was out. Here are summaries of those decisions – two custody/parental rights cases, two felony appeals, and a certified question answer regarding the interplay between the MTCA and the MWPA.
Bell v. State, 2023-KA-00801-SCT (Criminal – Felony)
Affirming convictions of aggravated assault and possession of a firearm by a felon, holding that after consideration of counsel’s Lindsey brief and the record that there were no issues warranting appellate review.
(9-0)
S.D.P. v. Harrison County Department of Child Protection Services, 2023-CA-00838-SCT (Civil – Domestic Relations)
Affirming the youth court’s judgment terminating parental rights regarding a medically fragile child, holding that the youth court’s decision was based on clear and convincing evidence that the parents were not mentally, morally, or otherwise fit and that reunification was not desirable toward obtaining a satisfactory permanency outcome.
(9-0)
Johnson v. Miller, 2024-FC-00419-SCT (Civil – Federally Certified Question)
Answering a certified question from the Fifth Circuit, holding that the Mississippi Tort Claims Act’s statute of limitations and notice requirements do not apply to the Mississippi Whistleblower Protection Act.
(9-0)
Myers v. State, 2023-KA-01083-SCT (Criminal – Felony)
Affirming convictions of shooting into a dwelling and aggravated assault with a deadly weapon, holding that the trial court did not commit plain error regarding jury instructions because the instruction on the elements of shooting into a dwelling did not constitute an impermissible constructive amendment to the indictment.
(9-0)
In Re the Adoption of J.J.W.B: J.B. v. M.M., 2023-IA-00457-SCT, consolidated with 2023-IA-00458-SCT (Civil – Custody)
Reversing the chancellor’s decision denying a motion to dismiss a grandmother’s motion to set aside an adoption because the motion to set aside was untimely and no jurisdictional issues were present to set aside the adoption, but affirming the chancellor’s decision that the adoption did not extinguish the grandmother’s visitation rights and properly denied the motion to dismiss the grandmother’s contempt action and remanding for further proceedings to determine post-adoption visitation.
(5-4-0: Coleman concurred in part and in the result without writing; King concurred in part and in the result, joined by Randolph and Kitchens, and joined in part by Coleman and Griffis)
Other Orders
- In Re: Rules of Discipline for the Mississippi Bar, 89-R-99010-SCT (appointing or reappointing Alicia S. Hall, Assistant Dean Mary Largent Purvis, District Attorney Angel Myers McIlrath, Municipal Judge Robert Fant Walker, Robert E. Quimby, and Circuit Judge Michelle Easterling to three-year terms)
- Bell v. State, 2023-KA-008001-SCT (denying second motion for reappointment of counsel and motion for rebuttal)
Mississippi Appeals Blog 