The Mississippi Supreme Court handed down three opinions today. One addresses a service-of-process issue in a med mal case and the other two are direct criminal appeals. Once of the criminal cases reversed under the cumulative-error doctrine.
Webster v. University of Mississippi Medical Center Grenada, 2023-CA-00687-SCT (Civil – Med Mal)
Affirming the trial court’s order of dismissal for failure to serve process, holding that Rule 4(d)(5) applied, not Rule 4(d)(8), so UMMC had to be served by service on the attorney general which was not done within the time allowed under Rule 4(h).
(9-0)
Minor v. State, 2022-CT-00990-SCT (Criminal – Felony)
Reversing convictions of possession of marijuana and trafficking of THC, holding that cumulative-error doctrine applied where the State commented on the defendant’s right to remain silent, elicited inflammatory testimony regarding the effect of edible son children without evidentiary basis, referring to an out-of-court statement made by someone the defendant did not have an opportunity to cross examine, and improperly implied the defendant must be guilty because another defendant was guilty because these errors undermined the fairness of the defendant’s trial.
(4-3: Griffis dissented, joined by Maxwell and Branning; Randolph and Sullivan did not participate)
Jones v. State, 2023-KA-00876-SCT (Criminal – Felony)
Affirming conviction of sexual battery and fondling, holding that the defendant did not show that trial counsel’s failure to file post-trial motions prejudiced his defense.
(7-2: King dissented, joined by Griffis)
Other Orders
- Gilmer v. Biegel, 2022-CT-00528-SCT (denying motion for citation of contempt and sanctions as moot)
- Nettles v. Nettles, 2023-CT-00041-SCT (dismissing cert)
- Brown v. State, 2023-CT-00082-SCT (denying cert)
- Aldridge v. South Tippah County School District, 2023-CT-00418-SCT (denying cert)
Mississippi Appeals Blog 