The Court of Appeals handed down four opinions today. One case addresses the chancery court’s jurisdiction to hear an appeal challenging cost adjustments from the Department of Medicaid. There is one PCR case with an interesting concurrence regarding the State’s immunity from default judgments. The other two cases are criminal cases: one involving assault of a police officer and the other involving a trial that did not go well for the one co-conspirator who opted not to plead guilty.
Poplar Springs Nursing Center v. Mississippi Division of Medicaid, 2020-SA-01333-COA (Civil – Boards and Agencies)
Affirming the chancery court’s ruling that it did not have subject matter jurisdiction to review a series of cost adjustments by the Department of Medicaid, holding that the nursing home failed to exhaust its administrative remedies by failing to seek timely review of cost adjuster letters.
(Judge Emfinger did not not participate, all participating judges concurred.)
Porras v. State, 2021-CP-00052-COA (Civil – PCR)
Affirming the circuit court’s denial of a PCR motion, holding that there was no error in denying the request for appointed counsel for the PCR hearing, no error in failing to require the State to file a written response to the PCR motion, and, ultimately, no error in denying the PCR motion.
(Judge McCarty wrote special concurrence, joined by Judge McDonald
NOTE: Judge McCarty’s special concurrence thoughtfully addressed the argument that the petitioner was entitled to a default judgment because the State failed to respond the PCR motion in violation of an order of the circuit court. McCarty first set out the law and policy behind establishing a broad prohibition of default judgments against the State. He then wrote that the petitioner had a right to expect the State to comply with the circuit court and had other possible remedies, but that default judgment was not an available remedy.
Bradford v. State, 2021-KA-00509-COA (Criminal – Felony/Simple Assault)
Affirming conviction and sentence for simple assault of a police officer, holding that the evidence was sufficient to establish lawful arrest and that the officer sustained a bodily injury including, but not limited to, evidence of an attempted biting that was thwarted by the officer’s jacket and a kick to the groin that found its mark.
(Judge McDonald concurred in part and in the result without separate written opinion and Judge Westbrooks concurred in result only without separate written opinion.)
Edwards v. State, 2021-KA-00259-COA (Criminal – Felony/Armed Robbery)
Affirmed conviction and sentence for armed robbery and conspiracy to commit armed robbery, holding that the evidence (including evidence from co-conspirators turned State’s witnesses) was sufficient for a reasonable jury to find the elements of a conspiracy to rob a GameStop were proved beyond a reasonable doubt and that the convictions of armed robbery and conspiracy to commit armed robbery were not against the weight of the evidence.
(All participating judges concurred.)
Other Orders
None
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