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)
Mississippi Appeals Blog 