The Mississippi Supreme Court handed down three unanimous opinions today. The lone civil case is an interlocutory appeal of a slip-and-fall case. The other two are criminal cases, one affirmed a conviction and the other reversed a conviction based on the “fruit of the poisonous tree” doctrine.
Byram Cafe Group, LLC v. Tucker, 2021-IA-00723-SCT (Civil – Personal Injury)
Reversing the circuit court’s denial of the defendant’s motion for summary judgment in a slip-and-fall case, holding that the record including the plaintiffs’ deposition testimony did not support their claim that the defendant created a dangerous condition or that the defendant’s negligence caused the fall.
(9-0)
Garrett v. State, 2021-KA-00754-SCT (Criminal – Felony)
Affirming a conviction of burglary of a hotel room, holding that the defendant did not meet his burden on appeal of showing that the conviction was not supported by sufficient evidence or that the verdict was contrary to the overwhelming evidence.
(9-0)
Green v. State, 2021-KA-00617-SCT (Criminal – Felony)
Reversing convictions of conspiracy to commit armed robbery, armed robbery, and burglary of a dwelling, holding that the circuit court erred by admitting evidence that the defendant possessed the victim’s car keys (the “linchpin evidence” supporting the convictions) that was wholly derived from the defendant’s statement that the circuit court had excluded because it was improperly induced.
(9-0)
Other Orders
Clark v. State, 2019-DP-00689-SCT (rehearing denied)
Durrant Inc. v. Lee County, Mississippi, 2019-CT-01826-SCT (denying cert)
Mississippi Appeals Blog 