The Mississippi Supreme Court handed down five opinions today. There is an ESLA case, a restrictive covenants case, two direct criminal appeals with reversals, and a significant defamation case.
In Re Validation of up to $27,600,000 Trust Certificates Evidencing Proportional Interests in a Lease by The Simpson County School District: Floyd v. Simpson County School Board, 2023-CA-01126-SCT (Civil – Other)
Affirming the chancellor’s decision validating of trust certificates for a lease/leaseback transaction to fund construction of a school, holding that nunc pro tunc amendment to the June 10, 2021 minutes was lawful, that the Board’s notice satisfied statutory requirements of the ESLA, that the objecter was afforded adequate due process as required by the ESLA, that the Board had authority to create a nonprofit corporation, and that the ESLA is still applicable.
(8-0: Griffis did not participate.)
Smith v. Brockway, 2023-CA-01027-SCT (Civil – Real Property)
Affirming the chancery court’s denial of a petition for injunction and declaratory relief related to restrictive covenants and manufactured housing, holding that the restrictive covenants were unenforceable because they were not signed by the grantor.
(9-0)
Toler v. State, 2023-KA-00712-SCT (Criminal – Felony)
Affirming in part and reversing in part after the defendant was convicted of four counts of aggravated assault, one count of shooting into a motor vehicle, four counts of aggravated assault against officers, and failure to stop a motor vehicle for law enforcement, holding (1) that there was sufficient evidence to support the three challenged convictions of aggravated assault against officers who were shot at but not struck, (2) that the indictment was multiplicitous for charging the defendant with for counts of aggravated assault based on firing one shot at four individuals such that merger applied warranting a remand to vacate, merge, and resentence, and (3) that the trial court did not abuse its discretion excluding evidence of the defendant’s peaceful character.
(9-0)
Fagan v. Faulkner, 2022-CT-00130-SCT (Civil – Torts)
Affirming the Court of Appeals and reversing the judgments of the circuit court and county court in a defamation case, holding that the circuit court and county court erred by denying the defendant’s motion for directed verdict because as atrocious as the vulgarity was, it was non-actionable “name calling” that did not defame the plaintiff’s professional abilities.
(5-4: Randolph dissented, joined by Kitchens, King, and Ishee)
Ratcliff v. State, 2022-CT-00690-SCT (Criminal – Felony)
Reversing the Court of Appeals and the conviction of possession of a stolen firearm, holding that the State failed to present sufficient evidence of the defendant’s guilty knowledge to merit a jury question on that charge.
(8-0: Randolph did not participate)
Other Orders
- In Re: Advisory Committee on Rules, 89-R-99016-SCT (appointing or reappointing as members of the Advisory Committee on Rules: Hon. Latrice A. Westbrooks, Hon. Carter Bise, Hon. W. Ashley Hines, Hon. Carol Jones Russell, William M. Gage, Esq., Justin T. Cook, Esq., Graham P. Carner, Esq., and Nicholas K. Thompson, Esq.)
- Estate of Green v. Michini, 2022-CT-00365-SCT (denying cert)
- Chatman v. State, 2023-KA-00583-SCT (denying rehearing)
- In Re Validation of up to $27,600,000 Trust Certificates Evidencing Proportional Interests in a Lease by The Simpson County School District: Floyd v. Simpson County School Board, 2023-CA-01126-SCT (granting motion for leave to file a corrected reply brief)
Mississippi Appeals Blog 