Tag: Felony

Mississippi Court of Appeals Decisions of June 4, 2024

The Mississippi Court of Appeals handed down eight opinions today. There is a paternity/child support case, a custody/termination of parental rights case, an MTCA personal injury case, a contract case, a slip-and-fall summary judgment, and three direct criminal appeals.

Myles v. Lewis, 2022-CA-01192-COA (Civil – Domestic Relations)
Affirming in part and reversing in part the chancellor’s rulings in a paternity action, holding that the chancellor erred in computing monthly child support by failing to account for the father’s significant income increase and personal withdrawals, inaccuracies in his financial statement, and admitted commingling of personal and business expenses; holding that the chancellor did not err in not requiring the father to pay half of the child’s private school tuition, insurance premiums, and extracurricular fees; and holding that no party was entitled attorney’s fees.
(9-1-0: Wilson concurred in part and in result without writing)

Lemay v. City of Biloxi, 2023-CA-00469-COA (Civil – Personal Injury)
Affirming summary judgment in favor of the City in an MTCA case stemming from a collision with a police officer, holding that although the trial court incorrectly ruled that the plaintiff was precluded from recovery because she was allegedly speeding, the summary judgment should affirmed because the undisputed evidence showed the officer was engaged in police protection activity and that he did not act with reckless disregard.
(7-2-0: Carlton and Wilson concurred in part and in the result without writing; Lawrence did not participate)

Hattie T. v. Matthew R., 2022-CP-00926-COA (Civil – Custody)
Affirming the chancery court’s final judgment terminating parental rights, holding that the chancellor did not err in denying the mother’s motion to dismiss and that the chancellor’s decision terminating parental rights was supported by clear and convincing evidence and was in the best interests of the children.
(10-0)

Collins v. State, 2022-KA-01184-COA (Criminal – Felony)
Affirming convictions of kidnapping, armed robbery, armed carjacking, aggravated assault, conspiracy to commit kidnapping, and conspiracy to commit armed robbery, holding that the circuit court did not abuse its discretion in admitting evidence of other acts and crimes coupled with a limiting instruction, in excluding evidence of the defendant’s assault in prison by two witnesses, or in refusing the defendant’s instructions on lesser included instruction.
(7-2-0: McCarty concurred in part and in the result without writing; Westbrooks and McDonald concurred in result only without writing)

Terry v. State, 2022-KA-01194-COA, consolidated with Thomas v. State, 2022-KA-01278-COA (Criminal – Felony)
Affirming convictions of two defendants (Terry and Thomas) for first-degree murder and drive-by shooting, holding that though the trial court abused its discretion in admitting surveillance video the error was harmless, that Terry’s conviction was not against the overwhelming weight of the evidence, that the trial court did not abuse its discretion in admitting text messages because they were not hearsay.
(10-0)

Designer Custom Homes, LLC v. U.S. Coating Specialties & Supplies, LLC, 2023-CA-00207-COA (Civil – Contract)
Reversing the circuit court’s reversal of the county court’s order granting summary judgment in favor of the plaintiff in a breach of contract case, holding that the circuit court erred by reversing on an issue and argument that were not raised in the county court or briefed on appeal and erred by finding that there was evidence in the record that presented a genuine issue of material fact.
(10-0)

Practice Point – Don’t rehash your trial court pleadings on appeal:

If the appeal process is daunting or simply pulling you away from other work you would rather do, your friendly neighborhood appellate attorney would love to visit with you about it.

Anderson v. SW Gaming LLC, 2023-CA-00345-COA (Civil – Personal Injury)
Affirming summary judgment for the defendant in a slip-and-fall case, holding that there was no evidence that the defendant caused water on the floor in the bathroom or that the defendant had either actual or constructive knowledge that there was water on the floor.
(10-0)

Harrera v. State, 2022-KA-01167-COA (Criminal – Felony)
Affirming conviction of one count of kidnapping, holding that the conviction was supported by sufficient evidence, that the kidnapping instruction did not constructively amend the indictment (an issue that was procedurally barred and without merit), and that the trial court did not err by giving the State’s accomplice liability instruction.
(9-1-0: Westbrooks concurred in result only without writing)

Other Orders

  • Allen v. State, 2022-KA-00419-COA (denying rehearing)
  • Minor v. State, 2022-KA-00990-COA (denying rehearing)

Hand Down Page

Mississippi Supreme Court Decisions of May 23, 2024

The Mississippi Supreme Court handed down three opinions today. There is one direct criminal appeal, one § 1983 case, and one case about huntin’ dogs.

Pittman v. State, 2023-KA-00367-SCT (Criminal – Felony)
Affirming conviction of burglary of a dwelling, passing on the issue of whether evidence of prior bad acts were improperly admitted and holding that if there was any error it would be harmless.
(9-0)

Clay v. Tunica County, Mississippi, 2022-CA-01106-SCT (Civil – Wrongful Death)
Affirming summary judgment in a § 1983 action on qualified immunity grounds, holding that the plaintiffs failed to establish deliberate indifference and that local governments cannot be held vicariously liable based on employer-employee relationships.
(9-0)

Allen v. Dickerson, 2023-CA-00067-SCT (Civil – Real Property)
Affirming the chancellor’s rulings in a case pitting the right to quite enjoyment of property against the right to hunt and harvest wildlife, holding that the trial court’s finding that repeated intrusion of deer hunting dogs onto neighboring property constituted private nuisance and warranted an injunction.
(5-1*-3: Maxwell specially concurred, joined by Coleman, Beam, Chamberlin and Griffis; Ishee dissented, joined by Randolph and Kitchens)

Practice Point – Maxwell’s special concurrence received four other votes, giving it precedential value. The special concurrence agreed with the majority’s ruling but emphasized that the decision is not a blanket and should not be read to besmirch lawful dog hunting.

Note – The dissent waded into the regulatory morass of what you can hunt when.

My Parting Thought – Mind your dogs.

Other Orders

  • Goldbolt v. State, 2020-DP-00440-SCT (denying rehearing)
  • Durr v. State, 2021-CT-01109-SCT (dismissing cert sua sponte)
  • Gilmer v. State, 2022-CT-00257-SCT (denying cert)
  • Premier Radiology, P.A. v. Davis, 2022-IA-00916-SCT (dismissing interlocutory appeal)

Hand Down Page

Mississippi Court of Appeals Decisions of May 21, 2024

The Mississippi Court of Appeals handed down a bounty of twelve opinions yesterday. I noticed a stray opinion from Thursday, May 9 so that is also summarized below. With a total of thirteen opinions, there is a lot of ground covered.

Martin v. State, 2023-KA-00044-COA (Criminal – Felony)
Affirming conviction of aggravated assault and armed robbery after a trial in absentia, holding that the verdicts were not against the overwhelming weight of the evidence.
(10-0)

Tilley v. Gibbs, 2022-CA-01150-COA (Civil – Domestic Relations)
Affirming judgment awarding physical custody of a child to the father, holding that the chancellor did not err in his Albright analysis and that substantial, credible evidence supported the custody determination.
(10-0)

Hamer v. State, 023-CP-00701-COA (Civil – PCR)
Affirming denial of relief and dismissal of PCR motion without an evidentiary hearing, holding that the PCR motion lacked sufficient support to warrant a evidentiary hearing.
(8-2-0: Westbrooks and McDonald concurred in result only without writing)

McVay v. State, 2022-KA-00523-COA (Criminal – Felony)
Affirming conviction of four counts of capital murder and one count of possession of a firearm by a felon, holding that the trial court did not commit plain error in admitting evidence of prior bad acts during cross-examination of the defendant and holding that the defendant’s trial counsel was not constitutionally ineffective for failing to object.
(7-2-0: Wilson and Westbrooks concurred in result only without separate written opinion; Carlton did not participate)

Jackson v. State, 2022-KA-01143-COA (Criminal – Felony)
Affirming conviction of first-degree murder and burglary and sentence to life without eligibility for early release, probation, or parole, holding that the indictment was not fatally defective; that there was no plain error in denying a motion to suppress the defendant’s statements to law enforcement where the defendant made a knowing, intelligent, and voluntary waiver of Miranda; that the trial court did not err in refusing the defendant’s proposed insanity defense and imperfect self-defense instructions; and that the verdicts were not against the overwhelming weight of the evidence.
(8-2-0: Wilson and McCarty concurred in part and in the result without separate written opinion.)

Practice Point – This is a handy citation to tuck away for one of those “I know its true by I can’t find a case that says so” situations:

Thompson v. State, 2023-CP-00218-COA (Civil – PCR)
Affirming dismissal of the petitioner’s fourth and fifth PCR motions, holding that the circuit court did not err in finding them time-barred.
(10-0)

Smith v. West, 2023-CA-00297-COA (Civil – Personal Injury)
Affirming dismissal for failure to prosecute a personal injury case, holding that the trial court did not abuse its discretion after granting several continuances over nearly ten years since the action was commenced.
(10-0)

Signaigo v. Grinstead, 2022-CA-01212-COA (Civil – Real Property)
Affirming in part and reversing in part the chancellor’s rulings in an adverse possession action, affirming the finding that the plaintiff could not prove the ownership element but reversing the finding that title was vested in the defendant as a matter of law because that issue was beyond the scope of the motion for summary judgment.
(8-2-0: Wilson and Westbrooks concurred in result only without writing)

McKenzie v. McKenzie, 2022-CA-01175-COA (Civil – Domestic Relations)
Affirming the chancellor’s findings in a divorce proceeding, holding that the chancellor did not err in the equitable division of marital property, in determining the amount of child support, in determining the amount of alimony, or in denying the mother’s request for attorney’s fees.
(9-0: Smith did not participate)

Carr v. State, 2022-KA-00491-COA (Criminal – Felony)
Affirming conviction of first-degree murder, holding that the State did not commit prosecutorial misconduct during closing arguments such that the court was required to intervene on its own initiative.
(10-0)

Pickens v. State, 2022-KA-00822-COA (Criminal – Felony)
Affirming conviction of meth while in possession of a firearm, holding that after reviewing counsel’s Lindsey brief and independently reviewing the record that there were no errors warranting reversal.
(10-0)

Hearn v. State, 2023-CP-00275-COA (Civil – PCR)
Affirming dismissal of PCR motion, holding that the circuit court did not err in finding the motion time-barred and that no statutory exceptions applied.
(9-0: Smith did not participate)

From May 9, 2024

Daniels v. State, 2022-KA-00705-COA (Criminal – Felony)
Affirming in part and reversing in part after the the defendant was convicted of one count of manslaughter as a lesser-included offense of murder, three counts of aggravated assault, and one count of shooting into an occupied dwelling, holding that indictment’s error as to the count for murder was harmless so the conviction of the lesser-included offense of manslaughter was affirmed but holding that the indictment was legally insufficient as to aggravated assault counts and that the error was compounded by repetition in jury instructions and the State’s closing arguments.
4-1*-5: Westbrooks specially concurred, joined by McDonald, Lawrence and Smith (each of whom also joined the lead opinion); Emfinger concurred in part and dissented in part, joined by Barnes, Carlton, Wilson, and McCarty.)

Other Orders

  • Arnold v. State, 2021-KA-01426-COA (denying rehearing)
  • Rutland v. Regions Bank, 2022-CA-00720-COA (denying rehearing)
  • Malone v. State, 2022-CP-00958-COA (denying rehearing)
  • Boyett v. Cain, 2022-CP-00978-COA (denying rehearing)
  • EEECHO Inc. v. Mississippi Environmental Quality Permit Board, 2022-SA-01068-COA (denying rehearing)
  • Boyette v. State, 2022-CP-01239-COA (denying rehearing)

Hand Down Page

Mississippi Court of Appeals Decisions of May 14, 2024

The Mississippi Court of Appeals handed down five opinions this week. There is a domestic/separate maintenance decision, a third-party assault tort case, a direct appeal of a felony conviction, and two PCR cases.

Hasley v. Hasley, 2022-CA-00908-COA (Civil – Domestic Relations)
Affirming in part and reversing in part the chancellor’s decision in a separate maintenance action, holding that there was no abuse of discretion in denying the husband’s motion to dismiss the complaint but that the chancellor erred by converting the temporary orders of spousal support to a final order.
(10-0)

White v. State, 2023-CP-00200-COA (Civil – PCR)
Reversing the circuit court’s revocation of release, holding that because the circuit judge had been the assistant DA who had prosecuted the petitioner the judge was disqualified from presiding over the revocation hearing and that this error was not harmless.
(9-0: Smith did not participate)

Mack v. Merimac Apartments, 2022-CA-00897-COA (Civil – Torts)
Affirming summary judgment in a third-party assault case against an apartment complex, holding that evidence of some crime occurring on and near the subject property was sufficient summary judgment evidence on the element of proximate cause.
(6-3-1: Barnes and Wilson concurred in part and in the judgment without writing; Westbrooks concurred in the result only without writing; McDonald concurred in part and dissented in part without writing)

Galarza v. State, 022-KA-01066-COA (Criminal – Felony)
Affirming conviction of first-degree murder and possession of a firearm by a felon, holding that the circuit court did not abuse its discretion in admitting character evidence of the defendant’s prior convictions for manslaughter.
(7-3-0: Wilson and Emfinger concurred in part and in the result without writing; McCarty concurred in the result only without separate written opinion.)

Smith v. State, 023-CP-00538-COA (Civil – PCR)
Affirming the circuit court’s denial of a PCR motion, holding that the petitioner’s claims were procedurally barred and that there was no merit to the petitioner’s arguments that he was entitled to a bifurcated hearing at sentencing and that there was insufficient proof of his prior convictions to warrant his sentencing as a habitual offender.
(10-0)

Other Orders

  • Kuebler v. State, 2020-KA-00027-COA (remanding sua sponte for correction of the record)
  • Okorie v. National Association Wells Fargo Bank, 2022-CP-00043-COA (denying appellant’s pro se “motion to reopen case based on fraudulent settlement agreement”)
  • Moore v. State, 2022-KA-00327-COA (denying rehearing)
  • Edwards v. State, 2022-KA-00719-COA (denying rehearing)
  • Smith v. State, 2022-KA-00852-COA (denying rehearing)
  • Saddler v. State, 2024-TS-00099-COA (sua sponte allowing appeal to proceed)

Hand Down Page

Mississippi Court of Appeals Decisions of May 7, 2024

The Mississippi Court of Appeals handed down ten opinions today. They started out with a run of short and sweet 10-0 opinions and then things got more interesting. There are two split opinions on the admission of confessions, a construction contract/negligence case, a divorce decision, several more direct criminal appeals, and a couple of PCR opinions.

Johnson v. State, 2022-KA-01127-COA (Criminal – Felony)
Affirming conviction of sexual battery, holding that after a review of counsel’s Lindsey Brief and the record that there was no reversible error.
(10-0)

Carter v. State, 2023-KA-00052-COA (Criminal – Felony)
Affirming conviction of second-degree murder, holding that the trial court did not err in refusing the defendant’s accident instruction and that the castle-doctrine’s presumption of fear was procedurally barred and that the evidence was sufficient to show that the defendant did not act in self defense.
(10-0)

Reed v. State, 2023-KA-00248-COA (Criminal – Felony)
Affirming conviction of possession of hydrocodone/acetaminophen, holding that after a review of counsel’s Lindsey Brief and the record that there was no reversible error.
(10-0)

Dobbins v. State, 2023-CA-00562-COA (Civil – PCR)
Affirming summary dismissal of PCR petition, holding that the petition was statutorily barred.
(10-0)

Mac Long Homes, LLC v. Olvera Construction, LLC, 2022-CA-00938-COA (Civil – Contract)
Affirming in part and reversing in part the circuit court’s dismissal of of a contractor’s claims against a subcontractor after the contractor lost an arbitration proceeding against the homeowner, holding that the breach of contract and negligent misrepresentation claims were time-barred, that the common-law indemnity claim was not yet ripe so dismissal without prejudice was proper, that the negligence claim was not time-barred, and that the circuit court did not err in denying the plaintiff’s motion to amend the complaint.
(8-2-0: Westbrooks specially concurred, joined by McDonald and McCarty; Wilson concurred in the result only without separate written opinion)

NOTE – The common-law indemnity holding here is interesting. I have been in and around the argument that crossclaims of common-law indemnity against codefendants are not proper for lack of ripeness. I expect that this opinion will be cited frequently in the future.

Hollon v. State, 2023-CP-00202-COA (Civil – PCR)
Affirming denial of PCR petition, holding that the guilty plea was voluntary and not coerced, that trial counsel was not ineffective, and that the petitioner was not otherwise entitled to relief.
(9-0: Smith did not participate)

Winstead, v. State, 2022-KA-01235-COA (Criminal – Felony)
Affirming conviction of leaving the scene of an accident resulting in death, holding that the trial court erred in admitting the defendant’s confession because it was obtained in violation of Edwards v. Arizona but that the error was harmless in light of the overwhelming weight of evidence of guilt, and holding that the trial court did not err by admitting a bloodstain card.
(6-4: Carlton concurred in part and in the result without writing; Greenlee and Smith concurred in part and dissented in part without writing; Lawrence concurred in part and dissented in part, joined by Carlton, Greenlee, and Smith.)

NOTE – The partial dissent took issue with the majority’s holding that the confession should have been excluded. Here is the majority’s summary of its holding on that issue:

Smith v. State, 2023-KA-00185-COA (Criminal – Felony)
Affirming conviction of sexual battery of a minor, holding that the circuit court did not err in admitting the defendant’s confession or by holding the trial in absentia.
(4-2-4: Wilson and Emfinger concurred in part and in the result without writing; McCarty dissented, joined by Westbrooks and McDonald, and joined in part by Barnes and Emfinger)

Weatherly v. Weatherly, 2022-CA-00804-COA (Civil – Domestic Relations)
Affirming the chancellor’s rulings in a divorce proceeding, holding that the chancellor did not err in awarding sole physical custody to the mother, in awarding child support to the mother to the father despite the mother’s significantly higher income, in the valuation and distribution of marital property, in awarding the father alimony, or in denying the father’s request for attorney’s fees.
(3-2-4: McDonald and McCarty concurred in part and in the result without writing; Barnes, Westbrooks, and Emfinger concurred in part and dissented in part without writing; Wilson concurred in part and dissented in part, joined by Barnes, Westbrooks, and Emfinger, and joined in part by McDonald and McCarty; Smith did not participate)

City of Verona v. Moffett, 2022-WC-01050-COA (Civil – Workers’ Comp)
Affirming the MWCC’s finding that a former police officer sustained an 80% loss of wage-earning capacity, holding that there was substantial, credible evidence supporting the Commission’s decision that was based on evidence of physical injuries and PTSD resulting from a physical assault while the claimant was responding to a domestic violence call.
(6-1-3: McCarty concurred in part and in the result without writing; Wilson dissented, joined by Smith and Emfinger.)

Other Orders

  • Silver Dollar Sales, Inc. v. Battah, 2022-CA-00476-COA (rehearing denied)
  • Fluker v. State, 2022-KA-00692-COA (denying rehearing)
  • Quinn v. State, 2022-KA-00962-COA (denying rehearing)

Hand Down Page

Mississippi Court of Appeals Decisions of April 30, 2024

The Mississippi Court of Appeals handed down six opinions on Tuesday. I had court in Union County that took me out of the office most of the day Tuesday. I then spent Wednesday making up for being out of the office on Tuesday, as one does. (Obligatory courthouse picture, infra.)

Taylor v. Johnson, 2022-CA-00734-COA (Civil – Personal Injury)
Affirming grant of summary judgment in a car wreck negligence case, holding that there was no competent summary judgment evidence that the defendant proximately caused the collision, and then affirming summary judgment on the direct-negligence and punitive damages claims as moot.
(8-1-1: McDonald concurred in result only without writing; Westbrooks dissented without writing)

Whiddon v. State, 2022-KA-00616-COA (Criminal – Felony)
Affirming conviction of first-degree murder, aggravated assault with a deadly weapon, aggravated assault of a law enforcement officer, and fleeing a law enforcement officer, holding that the trial court did not err in denying motions to dismiss for lack of speedy trial, that the circuit court abused its discretion in excluding videotaped witness statements but that the error was harmless, that the court did not commit reversible error in commenting in front of the jury that a witness was “an excellent investigator,” that the evidence was sufficient to support the verdict, and that the verdict was not against the overwhelming weight of the evidence.
(7-3-0: McDonald and Emfinger concurred in part and in the result without writing; Wilson concurred in the result only without writing)

Turner v. Turner, 2023-CA-00216-COA (Civil – Domestic Relations)
Reversing dismissal of complaint for divorce, holding that the chancellor erred by considering matters outside of the pleadings when ruling on a motion to dismiss under Rule 12(b)(6) without converting it into a motion for summary judgment and providing necessary notice.
(10-0)

Suarez v. State, 2023-KA-00526-COA (Criminal – Felony)
Affirming conviction of burglary of an occupied dwelling under circumstances likely to terrorize the occupant, holding that the evidence was sufficient to support his conviction and that the trial court did not err in refusing the defendant’s lesser-included-offense jury instruction.
(7-3-0: Wilson, McDonald, and McCarty concurred in result only without separate written opinion)

Harris v. State, 2023-CP-00227-COA (Civil – PCR)
Affirming denial of PCR motion following probation revocation, holding that the trial court’s failure to inquire about the petitioner’s ability to pay his fees and assessments was harmless error at most.
(10-0)

Crawford v. East Miss. State Hospital, Inc., 2022-CA-00753-COA (Civil – Wrongful Death)
Affirming judgment in favor of a hospital in a wrongful death lawsuit after bench trial, holding that the circuit court did not err in finding that the plaintiff did not prove the proximate cause element or in denying the plaintiff’s claim for the decedent’s “lifetime damages” because the estate was initially a party before being removed as a party via amendment to the complaint.
(6-2: McCarty concurred in part and dissented in part, joined by Westbrooks; McDonald and Smith did not participate)

Other Orders

  • Mississippi Dept. of Rehab. Servs v. Butler, 2022-CA-00176-COA (rehearing denied)
  • Harris v. Ratcliff, 2022-CA-00596-COA (rehearing denied)
  • Simmons v. State, 2022-KA-01260-COA (rehearing denied)

Hand Down Page

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)

Hand Down Pages

Mississippi Court of Appeals Decisions of April 2, 2024

The Mississippi Court of Appeals handed down four opinions yesterday. There was a wills and estates case that was more of an appellate procedure case, a real property contract for sale case, a direct criminal appeal, and a tort/statute of limitations case.

Brown v. Black, 2022-CA-00869-COA (Civil – Wills, Trusts & Estates)
Dismissing appeal of a chancellor’s decision awarding attorneys fees, holding that the 2021 order on attorney’s fees was final and appealable regardless of 2022 certification and that the appeal was therefore untimely.
(9-0: Smith did not participate)

Eaton v. Haney, 2022-CA-00656-COA (Civil – Contract)
Affirming the chancellor’s decision requiring specific performance for sale of real property and awarding damages and attorneys fees, holding that there was a valid contract for the sale of the real property and that the fact dispute between the parties was for the chancellor to decide and that the award of attorney’s fees was within the chancellor’s discretion.
(9-1: Emfinger dissented)

Hand v. State, 2022-KA-00819-COA (Criminal – Felony)
Affirming conviction of kidnapping and child exploitation, holding that the verdicts were not against the overwhelming weight of the evidence.
(10-0)

Pettis v. Northeast Mississippi Electric Power Association, 2022-CA-00688-COA (Civil – Torts)
Affirming dismissal of a negligence claim under the doctrine of res judicata and the IIED and loss of consortium claims on statute of limitations grounds, holding that the discovery rule did not apply and that any fraudulent concealment arguments were waived for failure to raise them in the trial court.
(7-1-0: Westbrooks and McDonald concurred in result only without written opinion, Barnes did not participate)

Other Orders

Brown v. State, 2022-KA-00446-COA (denying rehearing)

Russell v. State, 2022-KA-00447-COA (denying rehearing)

Snyder v. Estate of Cockrell, 2022-CA-00597 (denying rehearing)

Galvan v. State, 2022-KA-00655-COA (denying rehearing)

Hand Down Page

Mississippi Supreme Court Decisions of March 28, 2024

The Mississippi Supreme Court handed down three opinions today: one certificate of need matter and two direct criminal appeals. It was a big day, however, for “Other Orders” as the Supreme Court adopted revisions to the Uniform Chancery Rules, approved local rules for a circuit court district, and issued decisions in two bar disciplinary matters.

Wakefield v. State, 2021-CT-00187-SCT (Criminal – Felony)
Affirming convictions of accessory after the fact to car theft, kidnapping, and murder, holding that under the unit of prosecution test the State may charge multiple violations of section 97-1-5 for each felony committed.
(6-3: Kitchens concurred in part and dissented in part joined by King and Ishee)

Owen v. State, 2021-CT-00887-SCT (Criminal – Felony)
Affirming conviction of burglary of a business, holding that the trial court did not abuse its discretion in denying the motion for new trial based on the evidence presented.
(6-3: Griffis dissented, joined by Kitchens and King)

Encompass Health Rehabilitation Hospital of Flowood, LLC v. Mississippi Methodist Hospital and Rehabilitation Center, Inc., 2023-SA-00370-SCT (Civil – State Boards & Agencies)
Vacating the chancery court’s judgment that reversed MSDH’s decision in a certificate of need application matter approving two providers, holding that the chancery court erred in determining that MDHS failed to consider a contemporaneous CON application from another entity for the same category of services and that MDHS did not err in its decision that the contemporaneous CON application was not relevant or in denying to reopen the closed hearing on the contemporaneous CON application.
(7-2: Randolph concurred in part and dissented in part; Griffis dissented.)

Other Orders

In Re: Uniform Chancery Court Rules, 89-R-99006-SCT (adopting revisions to the Uniform Chancery Rules)

In Re: Local Rules, 89-R-99015-SCT (approving local rules for the Fifteenth Circuit Court District)

The Mississippi Bar v. Mayers, 2021-BD-00268-SCT (ordering a lawyer permanently disbarred)

Bennett v. The Mississippi Bar, 2023-BR-00410-SCT (denying motion for reinstatement to the practice of law)

Mississippi Farm Bureau Federation v. Holloway, 2023-IA-01256 (granting petition for interlocutory appeal and stay)

Hand Down Page

Mississippi Court of Appeals Decisions of March 26, 2024

The Mississippi Court of Appeals handed down three opinions on Tuesday. The case that stood out to me was Murphy v. William Carey University not because of the result but because of how the Court of Appeals discussed the Horton doctrine. The special concurrence pulled no punches.

Frazier v. State, 2022-KA-00896-COA (Criminal – Felony)
Affirming conviction of first-degree murder with firearm enhancement, holding that the circuit court did not err in denying a heat-of-passion manslaughter instruction and did not abuse its discretion in refusing to allow the defendant to read proffered testimony from the first trial that ended with a mistrial on the first-degree murder charge.
(10-0)

Murphy v. William Carey University, 2022-CA-00379-COA (Civil – Med Mal)
Reversing the trial court’s grant of summary judgment in a med mal case based on lack of pre-suit notice and the statute of limitations, holding that the defendant waived those defenses by failing to pursue them while actively participating in litigation.
(7-2: Lawrence specially concurred joined by McDonald, Smith, and Emfinger, and joined in part by Wilson and Westbrooks; Greenlee dissented, joined by Carlton)

NOTE – I find the discussion of the Horton doctrine fascinating. The majority opinion and the special concurrence threw some shade at the development of the Horton doctrine and how it has been applied. The majority opinion included this statement and footnote:


The special concurrence upped the ante and sharply criticized the state of the Horton doctrine. I read the special concurrence (carrying four votes and two “in part” votes) as a challenge to the Mississippi Supreme Court to clean up the Horton doctrine:

The special concurrence concluded with this:

I am not sure this is the best “test case” for the Horton doctrine based on the facts, but I will be watching for a cert petition.

The City of Pascagoula, Mississippi v. Cumbest, 2022-CA-00745-COA (Civil – State Boards & Agencies)
Reversing on direct appeal and reversing on cross-appeal in a case over whether private property was “menace” under Miss. Code Ann. section 21-19-11, holding that the circuit court erred in reversing the city council’s determination that the property was a “menace” and finding no abuse of discretion in the circuit court’s denial of the property owner’s decision denying the owner’s motion to compel production of documents.
(5-4: Westbrooks concurred in part and dissented in part without separate written opinion; McDonald concurred in part and dissented in part, joined by Wilson, Westbrooks, and McCarty; Lawrence did not participate)

NOTE – The concurrence took issue with the City making the “menace” determination based on the condition of the property before the hearing and not at the time of the hearing.

Other Orders

Friley v. State, 2021-KA-00791-COA (denying rehearing)

Smith v. Ford, 2022-CA-00255-COA (denying rehearing)

Burns v. BancorpSouth Bank, 2022-CA-00404-COA (denying rehearing)

Moore v. Mississippi Farm Bureau Casualty Insurance Company, 2022-CA-00555-COA (denying rehearing)

Edwards v. State, 2022-KA-00719-COA (recalling mandate and permitting pro se motion for rehearing to proceed)

Scales v. State, 2022-KA-00856-COA (denying rehearing)

Thompson v. Thompson, 2022-CA-01014-COA (dismissing motion for rehearing as untimely)

Hand Down Page