Tag: criminal

Mississippi Supreme Court Decisions of July 18, 2024

The Mississippi Supreme Court handed down three opinions today. There are two direct criminal appeals (one of which resulted in reversal) and one convoluted civil case stemming from business dealings related to a mixed-use development.

Jones v. State, 2022-KA-01173-SCT (Criminal – Felony)
Affirming conviction of murder, holding that the defendant was not denied a fair and impartial trial by the State’s reference to other bad acts in its opening statement and that the verdict was not against the overwhelming weight of the evidence.
(9-0)

Walker v. State, 2023-KA-00467-SCT (Criminal – Felony)
Reversing conviction of knowlingly possessing methamphetamine with a firearm enhancement, holding that the State failed to present sufficient, competent evidence connecting the defendant to the meth to establish constructive possession where there was another passenger in the vehicle the defendant was driving and the meth was found between the driver’s seat and the center console.
(8-1: Randolph dissented)

NOTE – Here is some of the key rationale:

Landrum v. Livingston Holdings, LLC, 2022-CA-00498-SCT (Civil – Other)
Affirming in part and reversing in part on direct and cross-appeal in a dispute arising out of business agreements related to a mixed-use development, holding that the chancellor did not err in finding that one litigant did not have derivative standing on behalf of an LLC; that the chancellor did not err in denying a Rule 52(a) request for findings of fact and conclusions of law; that the chancellor did not err in denying a Rule 54(b) motion for final judgment; that the chancellor erred in finding no fiduciary duty existed between to entities but did not err in such a find as to others; that several issues were waived for failure to cite authority in briefing; that the chancellor did not err in excluding expert testimony; that the chancellor erred in dismissing the breach of contract claim; and that the chancellor erred in denying attorneys’ fees.
(6-3: King concurred in part and dissented in part, joined by Kitchens; Griffis concurred in part and dissented in part, joined by Kitchens and King)

NOTE – The majority opinion is 44 pages that include many convoluted underlying facts that I have not attempted to convey here.

Other Orders

  • In Re: The Mississippi Access to Justice Commission, 89-R-99032-SCT (reappointing Hon. Tiffany Grove, David Haadsma, and Julian Miller as Commissioners of the Access to Justice Commission to terms expiring June 30, 2027, and appointing Michael Carr, Hon. Joseph Kilgore, and Barrett Blake Teller as Commissioners to terms expiring June 30, 2027, to succeed Michelle Clouse, Hon. Trent Favre, and Stephen Johnson.)
  • Ronk v. State, 2021-DR-00269-SCT (denying rehearing)
  • Riordan v. Estate of Haguewood, 2022-CT-00606-SCT (denying cert)
  • Ratcliff v. State, 2022-CT-00690-SCT (granting cert)
  • Scates v. State, 2022-CT-00856 (denying cert)
  • Premier Radiology, P.A. v. Davis, 2022-IA-00916-SCT (denying reconsideration and reinstatement)

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Mississippi Supreme Court Decisions of Late

Because of a string of litigation deadlines followed by a blessed week out of the office last week, I am behind on summaries. It has been a relatively slow month for hand downs in terms of volume from the Mississippi Supreme Court, so I am consolidating the last few weeks in this one post.

April 2, 2024 (a bonus Tuesday decision)

Barker v. Ivory, 2024-EC-00347-SCT (Civil – Election Contest)
Affirming the circuit court’s decision finding that a would-be candidate for Alderman was not qualified, holding that issues regarding the validity of the petition to object were procedurally barred and that the trial court’s decision that he failed to satisfy the two-year residency requirement was supported by sufficient evidence in the record.
(9-0)

April 4, 2024

State of Mississippi v. Aldrich, 2022-SA-01088-SCT (Civil – Real Property)
Affirming the chancery court’s ruling in favor of a private landowner in a dispute over whether an acre of Mississippi coastal land was properly designated as State-owned tidelands, holding that the secretary of state had failed to following statutory guidelines in drafting the maps and failed to meet its burden of proof that the artificial filling was not the product of the deposition of oyster shells and dredge spoils.
(7-1-0: Kitchens concurred in part and in the result without writing; Randolph did not participate)

Archie v. State, 2022-KA-00326-SCT (Criminal – Felony)
Affirming convictions of conspiracy and capital murder, holding that the defendant was entitled to an instruction on his alibi theory of defense but that the trial court’s error refusing of that instruction was harmless error, that the trial court did not abuse its discretion in refusing the defendant’s proposed reasonable doubt instruction on the basis that it was cumulative, that the trial court did not err by admitting photos of the defendant that were authenticated by a witness other than the photographer, that the verdicts were not against the overwhelming weight of the evidence, and that the ineffective assistance of counsel claim was without merit.
(5-4: Coleman dissented, joined by Kitchens, King, and Ishee)

NOTE – The dissent asserted that Mississippi law required an alibi instruction and that the failure to give the alibi instruction could not be harmless error.

Hayes v. Thomas,  2023-EC-00229-SCT (Civil – Election Contest)
Reversing the circuit court’s grant of a default judgment a year after an election contest was filed questioning the vote count, holding that a default judgment was not permissible in this general election contest (per section 23-15-951) and that the petitioner’s failure to diligently prosecute her contest required dismissal with prejudice.
(9-0)

April 11, 2024

– No opinions (other orders are below)

April 18, 2024

Robinson v. State, 2023-KA-00184-SCT (Criminal – Felony)
Affirming conviction of heat-of-passion manslaughter, holding that whether trial counsel was ineffective for failing to request a right-to-stand-your-ground jury instruction could not be analyzed on direct appeal based on direct appeal and holding that the State’s evidence was sufficient disprove the defendant’s self-defense claim.
(9-0)

Other Orders

April 4, 2024

  • Odom v. State, 2021-CT-00676-SCT (denying cert)
  • D.W. v. C.E., 2021-IA-01075-SCT (dismissing interloc as moot)
  • Hobby v. Ott, 2021-CT-01305-SCT (denying cert)
  • Pickle v. State, 2022-CT-00929-SCT (dismissing cert petition as untimely)

April 11, 2024

  • Smith v. State, 2020-CT-00774-SCT (denying cert)
  • Carpenter v. State, 2022-CT-00398-SCT (denying cert)
  • Hall v. State, 2022-CT-01097-SCT (denying cert)
  • Pryer v. State, 2023-M-01230-SCT (denying pro se petition to appeal)
  • Bennett v. Bennett, 2023-TS-01385 (ordering compliance with MRAP 10(b)(4))

April 18, 2024

  • Roberson v. State, 2021-CT-01182-SCT (denying cert)
  • Michael P. v. Thomas, 2021-CT-01288-SCT (denying cert)
  • Bennett v. State, 2021-CA-01313-SCT (denying rehearing)
  • Tubwell v. FV-1, Inc., 2021-CT-01345-SCT (granting pro se cert petition)
  • In Re: Administrative Orders of the Supreme Court of Mississippi, 2024-AD-00001-SCT (directing the disbursement of $138,454.56 in civil legal assistance funds among the MS Center for Legal Services, MS Volunteer Lawyers Project, and North MS Rural Legal Services)
  • Reeves v. Gary, 2024-EC-00406-SCT (granting motion to vacate response a response and the circuit court’s order in an election contest)

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Mississippi Supreme Court Decisions of August 31, 2023.

The Mississippi Supreme Court handed down two opinions today: one civil and one direct criminal appeal. The civil case addressed whether summary judgment based on 30(b)(6) testimony in a negligence case was proper. The direct criminal appeal challenged a capital murder conviction on several grounds.

Mississippi State Agencies Self-Insured Workers’ Compensation Trust v. Herrgott, 2021-SA-01280-SCT (Civil – Real Property)
Reversing summary judgment in a subrogation action filed by a workers’ compensation trust against an alleged tortfeasor stemming from an ATV accident in which a state employee sustained an injury that compensable under the MWCA, holding that the trust was not bound by the failure of its 30(b)(6) representative to articulate a legal theory at his deposition.
(9-0)

PRACTICE POINT – The Supreme Court favorably quoted a prior MS Court of Appeals decision and two decisions from federal district courts in its reasoning. The quoted language could benefit both sides of the civil bar in a few different contexts that come immediately to mind:

Dukes v. State, 2022-KA-00670-SCT (Criminal – Felony)
Affirming conviction of capital murder, holding that the trial court did not err by allowing testimony of a rebuttal witness that had not bee disclosed, or in denying a motion for mistrial based on argument that the State violated a motion in limine precluding testimony related to severed counts in the indictment, and the that trial was not rendered unfair by hearsay testimony.
(9-0)

Other Orders

In Re: Rules of Discipline for the Mississippi Bar, 89-R-99010-SCT (appointing/reappointing the following six persons to three-year terms as members of the complaint tribunals effective September 1, 2023: George Philip Schrader IV, Hon. Carol White-Richard, Hon. Jennifer F. Nicaud, Hon. Claiborne (Buddy) McDonald IV, J. Rhea Tannehill, Jr., and Leo J. Carmody)

Neal v. State, 2011-M-00201 (granting letter motion and remanding for resentencing)

Thomas v. State, 2021-CT-00060-SCT (denying cert)

Mitchell v. State, 2021-KA-00589 (denying rehearing)

Lamy v. Lamy, 2021-CT-00770-SCT (granting cert)

Pace v. State, 2022-CT-00046-SCT (denying cert)

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Mississippi Court of Appeals Decisions of August 29, 2023

The Mississippi Court of Appeals handed down six opinions today. Today was heavy on direct criminal appeals, with one reversal in part. There was also an appeal of summary judgment in a slip-and-fall case and a PCR case.

Gilbert v. State, 2021-KA-01265-COA (Criminal – Felony)
Affirming conviction of leaving the scene of an accident causing significant bodily injury, aggravated DUI, and DUI-related death of an unborn child, holding that the claim of ineffective assistance of counsel was without merit and that the prosecution did not improperly draw attention to the defendant’s exercise of his right to remain silent during closing arguments.
(10-0)

Landry v. Vallman McComb Mall, LLC, 2022-CA-00439-COA (Civil – Personal Injury)
Affirming summary judgment in favor of a fast food restaurant in a slip-and-fall case, holding that mopping and cleaning floors in a restaurant was a reasonable endeavor and was conducted in a reasonable manner, and that the an employee provided multiple warnings.
(9-1-0: McCarty concurred in part and in the result sub silentio.)

Lee v. State, 2022-KA-00078-COA (Criminal – Felony)
Affirming in part and reversing in part after the defendant was convicted of first degree murder, two counts of felon in possession of firearm, and tampering with physical evidence, holding (1) that the two counts of felon in possession should be merged into a single count and remanding for sentencing, (2) that excluding language from the tampering instruction that removed the element requiring intent was plain error, and (3) that retroactive misjoinder was inapplicable.
(9-1-0: Barnes concurred in part and in the result sub silentio.)

NOTE – Here is the jury instruction at issue:

Washington v. State, 2021-KA-01384-COA (Criminal – Felony)
Affirming convictions of first-degree murder and two counts of aggravated assault, holding that the trial court’s ruling on the defendant’s Batson challenges were not clearly erroneous or against the overwhelming weight of the evidence.
(8-1*-0: Westbrooks wrote a special concurrence, joined by McDonald and joined in part by McCarty; Smith did not participate. *McDonald and McCarty joined the majority opinion and the special concurrence.)

Ellison v. State, 2022-KA-00462-COA (Criminal – Felony)
Affirming conviction of capital murder, holding that the verdict was not against the overwhelming evidence and that the trial court did not err by not removing a sleeping juror where the issue was not raised by trial counsel, and dismissing the ineffective assistance claim without prejudice.
(9-0: Smith did not participate.)

Hall v. State, 2022-CP-01097-COA (Civil – PCR)
Affirming the dismissal of a PCR motion, holding that the motions were filed outside of the three-year statute of limitations and the petitioner did not prove that a statutory exception applied.
(7-3*-0: Westbrooks wrote a special concurrence joined by McDonald, and joined in party by Barnes and McCarty; Barnes and McDonald concurred in part and in the result sub silentio. *McCarty authored the majority opinion and joined the special concurrence.)

Other Orders

Miller v. Board of Trustees of Second Baptist Church of Starkville, 2020-CA-01384-COA (denying rehearing)

Williamson v. State, 2021-KA-00830-COA (denying rehearing)

Durr v. State, 2021-KA-01109-COA (denying rehearing)

Herbert v. Herbert, 2021-CA-01291-COA (denying rehearing)

Beckworth v. Beckworth, 2022-CA-00048-COA (denying rehearing)

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Mississippi Court of Appeals Decisions of August 22, 2023

The Mississippi Court of Appeals handed down five opinions today. There are two direct criminal appeals, two custody cases, and a real property case deciding the parties’ respective rights to a common wall that gave me bar exam flashbacks.

In the Matter of the Guardianship of B.P., 2021-CA-01288-COA (Civil – Custody)
Affirming the chancellor’s order in a custody matter, holding that the chancellor did not err in finding that the child’s appointed guardians successfully rebutted the natural parent presumption and that it was in the child’s best interest to remain in the guardians’ custody.
(8-1-1: No separate opinions. Westbrooks concurred in the result only and McDonald concurred in part and dissented in part without separate written opinion.)

Ndicu v. Gacheri, 2022-CA-00415-COA (Civil – Custody)
Affirming the chancellor’s judgment in a custody matter, holding that the chancellor did not manifestly abuse his discretion by denying the father’s request for past child support and education expenses.
(10-0)

Kelly v. State, 2022-KA-00577-COA (Criminal – Felony)
Affirming conviction of capital murder, holding that the circuit court did not err in denying the defendant’s motion for new trial based on an allegation that a juror misrepresented her lack of familial relationship with the victim where the claimed familial relationship was not supported by credible evidentiary support and, even if there was a familial relationship, there was no evidence the juror knew about it when she said she was not related to the defendant.
(8-1-1: No separate opinions. Westbrooks concurred in result only; McDonald dissented.)

NOTE – The alleged familial relationship surfaced when a member of the defendant’s family sent the juror in question a Facebook message:

LIFE TIP – Do not message jurors.

Alford v. Cotton Row Hospitality, LLC, 2022-CA-00125-COA (Civil – Real Property)
Affirming in part and reversing in part on direct appeal and cross-appeal in a case about a common wall between two properties in a downtown area, holding that Side A of the wall had established a prescriptive easement for the use of the wall but did not obtain an ownership interest by adverse possession of the wall that was located on Side B’s property and included in Side B’s deed, that there was no equitable need for Side B to sell the wall to Side A, and that Side A did not have to reimburse Side B for its expense in supporting the wall Side B incurred after tearing down the other three walls of Side B’s property.
(10-0)

NOTE – This opinion also discusses the doctrine of unclean hands (it did not apply) and the adequacy of pleading the prescriptive easement claim (it was adequate).

Smith v. State, 2020-KA-00774-COA (Criminal – Felony)
Affirming conviction of assault and possession of a firearm by a felon, holding that the trial court committed harmless error (i.e. not plain error) by giving a pre-arming jury instruction that was not objected to, that the evidence was sufficient to establish the defendant’s identity, that the trial court did not err in giving a flight instruction where the defendant did not provide an independent and uncontradicted reason for his flight, and that the defendant’s trial counsel was not ineffective.
(8-2: Emfinger dissented, joined by Wilson.)

NOTE – The dissent’s position is that the defendant’s appeal of his conviction and sentence was not properly before the court:

Other Orders

Friley v. State, 2021-KA-00791-COA (granting pro se motion for time for rehearing motion)

Renfroe v. Parker, 2021-CA-01048-COA (denying rehearing)

McFarland v. State, 2021-CA-01311-COA (denying rehearing)

Everett v. State, 2021-CP-2021 (denying rehearing)

Fagan v. Faulkner, 2022-CA-00130-COA (denying rehearing)

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Mississippi Supreme Court Decisions of May 18, 2023

The Mississippi Supreme Court handed down four opinions today. Three are direct criminal appeals and one is an interlocutory appeal of a tort suit that a litigant filed against counsel for the opposing party. One of the criminal cases was taken up so the Supreme Court could address for the first time the issue of whether the crime of attempted murder requires an “overt act” under the amended 97-1-7. The Supreme Court also granted cert in a child custody modification case.

Anderson v. State, 2022-KA-00530-SCT (Criminal – Felony)
Affirming conviction of first-degree murder and life sentence, holding that the trial court did not err in refusing a heat-of-passion instruction or in allowing the defendant’s confession to be presented to the jury, and that the verdict was supported by sufficient evidence and not against the overwhelming weight of it.
(9-0)

Beale v. State, 2020-CT-00614-SCT (Criminal – Felony)
Affirming conviction of attempted murder on cert, holding that the indictment correctly stated the necessary elements of the crime and that two jury instructions did not constructively amend the indictment.
(6-3: King dissented, joined by Kitchens and Coleman.)

NOTE – The Mississippi Supreme Court granted cert to address for the first time the issue of whether the crime of attempted murder requires an “overt act” under the amended Miss. Code Ann. § 97-1-7:

Henley, Lotterhos & Henley, PLLC v. Bryant, 2021-IA-00994-SCT (Civil – Torts)
Reversing the circuit court’s denial of a law firm’s motion to dismiss/summary judgment in a lawsuit asserting a slew of intentional torts stemming from the handing of a subrogation claim, holding that attorneys do not owe duties to adverse parties that can give rise to tort liability and remanding for litigation of the claims against the insurance company.
(5-2-1: Randolph and Griffis concurred in result only without separate written opinion; King dissented; Kitchens did not participate.)

Spiers v. State, 2022-KA-00038-SCT (Criminal – Felony)
Affirming conviction of burglary of a dwelling and attempted sexual battery, holding that the defendant waived the issue of whether the trial court erred by granting a jury instruction requiring the defendant to prove consent by clear and convincing evidence and that the plain error doctrine did not apply, that the defendant failed to establish a case of ineffective assistance as to the instruction, and that the trial court did not commit plain error with regard to alleged prosecutorial misconduct during closing.
(5-1-3: Maxwell concurred in part and in result without separate written opinion; King dissented, joined by Kitchens and Coleman)

Other Orders

Price v. State, 2019-CT–01890-SCT (denying cert)

Blagodirova v. Schrock, 2020-CT-01162-SCT (granting cert) (You can read my summary of the 4-2-4 COA decision by clicking here.)

Davis v. Davis, 2020-CA-01304-SCT (denying rehearing)

Bowman v. State, 2020-CT-01371-COA (denying cert)

Tennesen v. City of Hattiesburg, 2021-CT-00137-SCT (denying cert)

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Mississippi Court of Appeals Decisions of May 2, 2023

The Mississippi Court of Appeal handed down eight opinions today. There are five direct criminal appeals, two interesting workers’ comp cases, and a contempt proceeding in a divorce case.

Ehrhardt v. State, 2021-KA-01143-COA (Criminal – Felony)
Affirming conviction of child exploitation, holding that the trial court did not err in denying a motion to suppress items found during the execution of a search warrant of the defendant’s home based on staleness and reliability or in denying a motion for mistrial after a State’s witness testified about the lack of a defense expert and gave curative direction and an instruction to the jury, and holding that the verdict was supported by sufficient evidence and not against the overwhelming evidence of it.
(10-0)

Hawthorne v. Mississippi State Hospital, 2022-WC-00040-COA (Civil – Workers’ Comp)
Affirming on direct appeal and cross-appeal, holding that the Commission’s finding that the claimant sustained a 40% loss of industrial use of his left lower extremity was supported by substantial credible evidence and that the Commission was within its discretion to strike the IME doctor’s amended report and order the Employer/Carrier to pay all costs of the doctor’s deposition after having ex parte contact with the doctor in violation of the IME order and did not err in denying a monetary sanction.
(10-0)

Amos v. State, 2022-KA-00171-COA (Criminal – Felony)
Affirming conviction of statutory rape, holding that the admission of testimony of other was waived and/or harmless because the testimony was necessary to provide the jury with the complete story that led to the charges.
(10-0)

Liddell v. State, 2021-KA-00952-COA (Criminal – Felony)
Affirming conviction of second-degree murder, holding that the trial court did not abuse its discretion in denying a motion for mistrial after the prosecutor made multiple public comments about the case to the media.
(10-0)

Wells v. State, 2022-KA-00157-COA (Criminal – Felony)
Affirming conviction of second-degree murder and aggravated assault, holding that the circuit court did not abuse its discretion by limiting cross-examination of witnesses about whether someone else had a gun on the night in question, excluding evidence the defendant argued developed his theory of the case, or in denying a motion for mistrial on the grounds that one juror was confused through out the trial and hard of hearing.
(9-1-0: Westbrooks concurred in part and in the result without separate written opinion)

Manley v. Manley, 2021-CA-00700-COA (Civil – Domestic Relations)
Affirming the chancery court’s judgment in a contempt proceeding following a divorce, holding that the chancellor did not abuse his discretion in awarding payment of back-owed portions of retirement pay and did not err in finding that the father was not entitled to a credit towards his child support obligations for in-kind contributions and thus awarding back-owed child support.
(7-1-2: Emfinger concurred in part and in the result without separate written opinion; Carlton concurred in part and dissented in part, joined by Barnes.)

Parker v. Canton Manor and Mississippi Healthcare Association, 2022-WC-00206-COA (Civil – Workers’ Comp)
Reversing the MWCC’s decision dismissing the claimant’s two claims based on the two-year statute of limitations, holding that the “substantial evidence” standard did not apply because the Commission did not make any finds of fact based on evidence and that the Commission erred by granting a motion to dismiss because the allegations in the Petition on its face stated a claim and the Employer/Carrier presented no evidence to support its affirmative defense.
(8-2-0: Barnes and Westbrooks concurred in result only without separate written opinion)

Practice Point – The Court of Appeals applied the Miss. R . Civ. P. 12(b)(6) standard to the Employer/Carrier’s motion to dismiss. Here is the crux of the opinion (from paragraph 11):

Applewhite v. State, 2022-KA-00290-COA (Criminal – Felony)
Affirming conviction of capital murder and aggravated assault, both with firearm aggravation, holding that the verdict was supported by sufficient evidence and was not against the overwhelming weight of it.
(8-2: Westbrooks dissented, joined by McDonald)

Other Orders

Lofton v. Lofton, 2021-CA-00035-COA (granting appellate attorney’s fees and costs)

Boutwell v. Fairchild, 2021-CA-01046-COA (denying rehearing)

Fox v. State, 2022-KA-00988-COA (denying motion for bail pending appeal)

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Mississippi Court of Appeals Decisions of November 8, 2022

The Mississippi Court of Appeals covered a lot of territory in six opinions handed down today. They areas covered include divorce, criminal issues, MTCA police-protection immunity, third-party liability for work injuries, criminal, and one PCR case for good measure.

King v. State, 2021-CA-01145-COA (Civil – PCR)
Affirming the circuit court’s denial of a PCR motion, holding that there was no merit to the claim that his guilty plea was not voluntary or to his ineffective assistance claim.
(9-0: Judge Emfinger did not participate)

Owens v. State, 2021-KA-01256-COA (Criminal – Felony)
Affirming conviction of being a felon in possession of a firearm after receiving a Lindsey brief, receiving no pro se brief, and reviewing the record and concluding no issue warranted reversal.
(9-0: Judge Smith did not participate)

Blount v. State, 2021-KA-00204-COA (Criminal – Felony)
Affirming conviction of possession of meth after a jury trial in absentia, holding that the trial court did not abuse its discretion in denying the defendant’s request for a continuance after concluding that the defendant waived his right to be present at trial.
(7-1-2: Judge Wilson concurred in part and in the result without separate written opinion; Judge McDonald concurred in the result only without separate written opinion; Judge McCarty dissented, joined in part by Judge McDonald.)

Practice Point – Don’t possess meth and then miss your trial date. As Bob Dylan reminds us, “To live outside the law, you just be honest.”

Alves-Hunter v. Hunter, 2021-CA-00644-COA (Civil – Domestic Relations)
Affirming decisions in a divorce proceeding, holding that the chancellor did not commit reversible error in awarding the father standard visitation with their child, dividing the martial estate, or denial of attorneys fees after a contempt finding.
(10-0)

Tennesen v. City of Hattiesburg, 2021-CA-00137-COA (Civil – State Boards and Agencies/MTCA)
Affirming judgment for the defendants in a personal injury case brought under the MTCA stemming from a police chase, holding that the circuit court did not err in finding that the police officer did not act with reckless disregard and that the City was entitled to police-protection immunity.

Mayberry v. Cottonport Hardwoods, 2021-CA-00246-COA (Civil – Workers’ Comp)
Reversing summary judgment in favor of a defendant in a third-party lawsuit arising from a workers’ comp injury, holding that the defendant at issue was not an “up the line” contractor but instead was the owner of the project and was therefore a third-party not entitled to exclusive remedy immunity.
(6-4: Judge Carlton dissented, joined by Judge Greenlee, Judge McCarty, and Judge Smith.)

Practice Point – This is a fact-intensive opinion. It does not appear to disturb the general rule that “up the line” contractors are entitled to MWCA immunity as long as they are true contractors.

Other Orders

Moffett v. State, 2021-KA-00622-COA (denying rehearing)

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