Tag: Felony

Mississippi Court of Appeals Decisions of January 21, 2025

The Mississippi Court of Appeals handed down six opinions today. There is a pair of direct criminal appeals, a pair of PCR decisions, a custody decision, and an adverse possession decision.

Burnette v. State, 2023-CP-01330-COA (Civil – PCR)
Affirming summary dismissal of PCR motion, holding that it was time-barred.
(9-0: St. Pe’ did not participate)

Moore v. State, 2024-CP-00150-COA (Civil – PCR)
Affirming summary dismissal of a PCR motion, holding that it was time-barred and successive.
(9-0: St. Pe’ did not participate)

Grimes v. State, 2023-KA-01254-COA (Criminal – Felony)
Affirming conviction of manslaughter and sentence after remand for an evidentiary hearing on alleged juror misconduct, holding that the trial court did not err in finding that no conduct by a juror prejudiced the defendant.
(8-0: Weddle and St. Pe’ did not participate)

Adams v. Adams, 2023-CA-01041-COA (Civil – Domestic Relations)
Affirming the chancellor’s custody ruling in a divorce proceeding, holding that the chancellor did not err in applying the Albright factors and determining that it was in the children’s best interest to award sole physical custody to the mother.
(9-0: St. Pe’ did not participate)

Robinson v. State, 2023-KA-00575-COA (Criminal – Felony)
Affirming conviction of sexual battery, holding that in light of overwhelming evidence of guilt the defendant failed to show that his trial counsel was ineffective for introducing a recording between an officer and a witness.
(7-2-0: Barnes concurred in part and in the result without writing; Wilson concurred in result only without writing; St. Pe’ did not participate)

Phillips v. Forrest County Industrial Park Commission, 2023-CA-01132-COA (Civil – Real Property)
Affirming the chancellor’s finding that the Commission acquired title to two acres of land by adverse possession and dismissing counterclaims, holding that the Commission proved the elements of adverse possession and that as a result the appellants’ counterclaims for trespass, unlawful withholding possession, and unjust enrichment were properly dismissed.
(6-3-0: Wilson and McDonald concurred in part and in the result without writing; Westbrooks concurred in result only without writing)

Other Orders

  • None

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Mississippi Court of Appeals Decisions of January 14, 2025

The Mississippi Court of Appeals handed down nine opinions today. Most are direct criminal appeals. There is also a judgment versus voluntary payment case, a contempt issue in a divorce case, a disinheritance case, and an injunction case.

Seales v. State, 2023-KA-01376-COA (Criminal – Felony)
Affirming conviction of attempted first-degree murder, holding that the evidence was sufficient to support to conviction.
(9-0: St. Pe’ did not participate)

Holstein v. Nicholas, 2023-CA-00548-COA consolidated with 2023-CA-00972 (Civil – Contract)
Reversing the circuit court’s decision ordering repayment of sums paid pursuant to an Ohio judgment enrolled in Mississippi after the Ohio judgment was overturned on appeal, holding that the evidence was not sufficient to determine whether the amount paid was a voluntary payment or a compulsory payment.
(9-0: St. Pe’ did not participate)

Baker v. State, 2023-KA-01111-COA (Criminal – Felony)
Affirming conviction of aggravated assault, holding that the trial court did not abuse its discretion in denying the defendant’s proposed self-defense jury instruction because there was no evidence to support it.
(8-1-0: Westbrooks concurred in result only; St. Pe’ did not participate.)

In the Matter of the Estate of Tate: Garfield v. Tate, 2023-CA-01262-COA (Civil – Wills, Trusts & Estates)
Affirming the chancellor’s decision disinheriting a father, holding that the father did not prove he should inherit under Miss. Code Ann. section 91-1-15(3)(d)(i).
(9-0: St. Pe’ did not participate)

Gibson v. State, 2023-KA-00704-COA (Criminal – Felony)
Affirming conviction of first-degree murder, holding that the trial court did not commit plain error by allowing the defendant’s wife to testify against him and that the verdict was not against the overwhelming weight of the evidence.
(8-1-0: Lawrence concurred, joined by Barnes and joined in part by Westbrooks and Weddle; St. Pe’ did not participate)

Davis v. State, 2023-KA-00178-COA (Criminal – Felony)
Affirming conviction of aggravated assault with a weapon and felon in possession, holding that the trial court did not abuse its discretion in excluding evidence of a witness’s prior convictions for forgery in violation of the defendant’s rights under the Confrontation Clause.
(9-0: St. Pe’ did not participate)

Yarbrough v. Sacred Heart Catholic School of Hattiesburg, Mississippi, 2023-CA-01219-COA (Civil – Other)
Affirming the chancellor’s rulings granting temporary and permanent injunctive relief in favor of a school, holding that there was a legally cognizable claim based on its right to take precautions necessary to minimize foreseeable risks to protect students, that the chancellor did not err in finding that there was a threat to the school, and that the chancellor did not abuse her discretion in issuing the preliminary and permanent injunction.
(8-1: Wilson dissented; St. Pe’ did not participate)

Powell v. Powell, 2022-CA-01258-COA (Civil – Domestic Relations)
Affirming the chancellor’s decision finding the mother in contempt in a divorce matter for failing to pay her half of children’s medical bills, holding that the chancellor did not violate the judgment of divorce, that the finding of contempt was not manifest error, and the the chancellor did not abuse his discretion in any of the evidentiary rulings.
(7-1-0: Wilson concurred in part and in the result without writing; Lawrence and St. Pe’ did not participate)

Stewart v. State, 2023-KA-00461-COA (Criminal – Felony)
Affirming conviction of one count of armed carjacking and three counts of armed robbery, holding that the trial court did not err in denying the motion for mistrial based on improper questioning during cross-exam of the defendant’s mother because it was waived and that the improper question was cured by jury instructions and that the defendant’s Confrontation Clause rights were not violated where a police officer testified via closed-circuit TV.
(7-2-0: Barnes and Lawrence concurred in part and in the result without writing)

Other Orders

  • LaFleur v. State, 2022-KA-00500-COA (denying rehearing)
  • Georgen v. Estate of Brown-Barrett, 2023-CA-000344-COA (denying rehearing)
  • Fox v. Allen Automotive, Inc., 2023-CA-00441-COA (denying rehearing)
  • Patton v. State, 2023-CP-00618-COA (recalling mandate and allowing pro se motion for rehearing to proceed on the merits)
  • Mallard v. State, 2023-CP-01155-COA (recalling mandate and allowing pro se motion for rehearing to proceed on the merits)

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Mississippi Court of Appeals Decisions of January 7, 2025

Happy New Year! Many thanks to all who read the blog over the past year, I truly appreciate your support. But that is all the time we have for sentimentality because the Mississippi Court of Appeals wasted no time getting back in the action. There are ten opinions today and you can read my summaries below.

Poole v. State, 2023-KA-01162-COA (Criminal – Felony)
Affirming conviction of possession of meth, holding that the trial court did not err in denying the defendant’s motions for directed verdict of JNOV where the defendant failed to file a motion a suppress evidence and failed to contemporaneously object to the evidence being admitted.
(7-2-0: Westbrooks and McDonald concurred in result only without writing, St. Pe’ did not participate.)

Everett v. State, 2024-CP-00206-COA (Civil – State Boards and Agencies)
Affirming the trial court’s dismiss of a “petition for judicial review” as time-barred because it was filed two and one-half years after the petitioner had exhausted his administrative remedies.
(9-0: St. Pe’ did not participate)

Begnaud v. Begnaud, 2023-CA-00822-COA (Civil – Domestic Relations)
Reversing the chancellor’s decisions in a divorce case, holding that the chancellor erred in failing to value guns before awarding them to one party, in failing to consider the tax consequences of receiving funds from a retirement account, and in awarding a credit for child support payments.
(9-0: St. Pe’ did not participate)

In re: Harvey; Chimento v. Schwark, 2023-CA-00398-COA (Civil – Wills, Trust, & Estates)
Affirming the chancellor’s decision in a will contest, holding that the chancellor did not err in finding that the testator had capacity, that there was not abuse or suspicious circumstances giving rise to a presumption of undue influence, that there was due execution, or that the proponent overcame the presumption of revocation.
(9-0: St. Pe’ did not participate)

Rencher v. State, 2024-CP-00008-COA (Civil – PCR)
Affirming denial of a PCR motion, holding that the trial court did not err in finding that the claim of ineffective assistance of counsel is without merit.
(6-2-0: Wilson and Emfinger concurred in part and in the result without writing; Weddle and St. Pe’ did not participate)

Jones v. State, 2023-CP-01247-COA (Civil – PCR)
Affirming the trial court’s dismissal of a PCR motion, holding that the trial court lacked jurisdiction because the petitioner did not obtain permission from the Mississippi Supreme Court before filing the motion.
(9-0: St. Pe’ did not participate)

Walker v. Mississippi State Parole Board, 2023-CP-00919-COA (Civil – State Boards and Agencies)
Affirming dismissal of petition for judicial review of MDOC decision, holding that the trial court did not err in finding that the petitioner failed to exhaust his administrative remedies.
(9-0: St. Pe’ did not participate)

Boone v. State, 2023-KA-00684-COA (Criminal – Felony)
Affirming conviction two counts of gratification of lust, holding that the verdict was not against the overwhelming weight of the evidence and that the trial court did abuse its discretion in denying a motion in limine to exclude prior bad acts testimony or in giving an instruction re: sufficiency of the unsupported word of the victim.
(9-0: St. Pe’ did not participate)

Mount v. State, 2023-KA-00807-COA (Criminal – Felony)
Affirming conviction of first-degree murder, holding that the trial court did not abuse its discretion in finding the defendant competent to stand and that the verdict was not contrary to the overwhelming weight of the evidence regarding his sanity at the time of the offense.
(5-4-0: St. Pe’ did not participate)

Wilson v. Barnes-Wilson, 2023-CA-00945-COA (Torts – Other)
Affirming the trial court’s grant of a motion to dismiss for failure to prosecute, holding that the trial court did not abuse its discretion where the plaintiff took no action of record for two years and then failed respond to the motion to dismiss for over a year and even then only after the case was dismissed.
(7-2-0: McDonald and McCarty concurred in part and in the result without writing; St. Pe’ did not participate.)

Other Orders

  • Alexander v. State, 2022-KA-00977-COA (denying rehearing)
  • Campbell v. State, 2022-KA-01055-COA (denying rehearing)
  • Galang v. State, 2023-KA-00006-COA (denying rehearing)
  • Howell v. State, 2023-KM-00265-COA (denying rehearing)
  • Wilkerson v. Allred, 2023-CA-00393-COA (denying rehearing)
  • Harris v. State, 2023-KA-00460-COA (denying rehearing)
  • Brown v. State, 2023-KA-00658-COA (denying rehearing)
  • Haley v. State, 2023-CP-00918-COA (denying rehearing)

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Mississippi Court of Appeals Decisions of December 17, 2024

The Mississippi Court of Appeals handed down six opinions in what appears to be the last slate of decisions from Mississippi’s appellate courts in 2024. There are two direct criminal appeals, three PCR cases, and a $1M+ personal injury verdict.

Williams v. State, 2023-KA-00346-COA (Criminal – Felony)
Affirming conviction of first-degree murder, holding that the trial court did not admit inadmissible hearsay by allowing an officer to testify about limited information that guided his investigation and that State did not improperly comment on the defendant’s failure to testify.
(4-4-1: McCarty dissented, joined in part by Barnes, Wilson, McDonald, and Lawrence; Westbrooks did not participate)

Parker v. State, 2023-KA-00550-COA (Criminal – Felony)
Affirming conviction of two counts of fourth-offense simple domestic violence, holding that the trial court erred in admitting affidavits containing facts about the defendant’s prior offenses but that the error was harmless, that the trial court did not err in admitting the victim’s prior statement through her probation officer, and that because there was just one harmless error the doctrine of cumulative error did not apply.
(8-2-0: Westbrooks and McDonald concurred in part and in the result without writing)

Lawson v. State, 2023-CP-01008-COA (Civil – PCR)
Affirming the trial court’s order denying a PCR motion, holding that there was no clear error or abuse of discretion.
(10-0)

Moore v. State, 2023-CP-01147-COA (Civil – PCR)
Affirming denial of PCR mtoion, holding that the claimant did not prove that his guilty plea was involuntary or that his counsel was ineffective.
(7-1-1: Westbrooks concurred in result only without writing; McDonald concurred in part and dissented in part without writing; Weddle did not participate)

Pilot Travel Centers, LLC v. Womack, 2023-CA-00035-COA (Civil – Personal Injury)
Affirming a judgment after plaintiff’s jury verdict in a slip-and-fall case where the plaintiff slipped and fell on a collapsed wet-floor sign, holding that a reasonable jury could find that the collapsed wet-floor sign constituted an unreasonably or unusually dangerous condition and that the defendant had constructive knowledge of the condition, and that the trial court did not abuse its discretion denying the motion for new trial that argued that expert testimony should not have been admitted, that the plaintiff’s attorney made improper statements during closing arguments, and that the non-economic damages (that the trial court reduced from $3M to $1M) was still excessive in light of the $393,000 award of compensatory damages.
(6-2-2: Westbrooks concurred in part and in the result without writing; Emfinger concurred in result only without writing; Wilson dissented, joined by Barnes and joined in party by Westbrooks)

Practice Point – The majority and the dissent agreed that the plaintiff’s “safety expert” should not have been allowed to testify as such.

Ball v. State, 2023-CP-00890-COA (Civil – PCR)
Affirming the trial court’s denial of the claim for PCR, holding that the claimant waived his argument that his right to be free from Double Jeopardy.
(9-1-0: Westbrooks specially concurred, joined by Barnes and McDonald)

Other Orders

  • None.

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Mississippi Supreme Court Decisions of December 12, 2024

The Mississippi Supreme Court handed down three opinions today. One ends a chapter in the NCAA-Ole Miss saga, one is an interesting case discussing administrative remedies exhaustion and exclusive remedy immunity under the MWCA, and the other is a direct criminal appeal reversing the Court of Appeals and reinstating a conviction.

NCAA v. Farrar, 2023-IA-00282-SCT (Civil – Torts)
Reversing the trial court’s denial of the NCAA’s motion for summary judgment, holding that there was no evidence in the record to support the plaintiff’s due process and malicious interference with employment claims.
(6-1: Randolph dissented dubitante; Coleman and Maxwell did not participate)

Harris v. Hemphill Construction Company, Inc., 2023-CA-00973-SCT (Civil – Personal Injury)
Affirming the trial court’s decision dismissing a work-related personal injury claim by an employee/officer of a subcontractor against a general contractor, holding that the plaintiff was not required to exhaust his administrative remedies before filing a negligence suit but that the defendant-GC was entitled to exclusive remedy immunity from the plaintiff’s suit because the GC required the subcontractor to carry comp coverage and plaintiff was an officer of the subcontract who rejected workers’ comp coverage for himself.
(9-0)

Practice Point – This is case is worth a deeper dive:

Harris then filed the negligence lawsuit and the Mississippi Supreme Court held that the GC was entitled to exclusive remedy immunity:

The Court concluded:

Quinn v. State, 2022-CT-00962-SCT (Criminal – Felony)
Reversing the Court of Appeals and reinstating the circuit court’s judgment and conviction of sexual battery, holding that the State sufficiently proved venue, that expert DNA testimony was properly admitted, that the indictment was properly amended, that the trial court did not err by not granting a mistrial sua sponte during closing arguments, and that the trial court did nto err by allowing the State to use birth certificates to refresh a witness’s memory.
(7-2: Kitchens dissented, joined by King)

Other Orders

  • Howard v. State, 2022-KA-00430-SCT (denying rehearing)
  • Crawford v. East Mississippi State Hospital, Inc., 2022-CT-00753-SCT (denying cert)
  • Course v. State, 2022-CT-00760-SCT (denying cert)
  • Collins v. Collins, 2022-CT-00903-SCT (denying cert)
  • McLellan v. McLellan, 2022-CT-01006-SCT (denying cert)
  • McKenzie v. McKenzie, 2022-CT-01175-SCT (denying cert)
  • Designer Custom Homes, LLC v. U.S. Coating Specialties & Supplies, LLC, 2023-CT-00207-SCT (denying cert)
  • Deep South Today v. Bryant, 2024-M-00659-SCT (denying petition for interloc)
  • McPhail v. McPhail, 2024-TS-00849 (denying motion for leave to proceed in forma pauperis, dismissing bond-related request without prejudice, and granting request to enlarge the notice of appeal)

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Mississippi Court of Appeals Decisions of December 10, 2024

The Mississippi Court of Appeals handed down seven opinions today. Six are direct criminal appeals and one is a real property/default judgment case. One of the cases involves a crossbow and included a visual aid.

Nailer v. State, 2023-KA-00627-COA (Criminal – Felony)
Affirming conviction of aggravated assault after he fired a crossbow into an occupied vehicle, holding that the trial court did not err in denying a requested instruction of simple assault as a lesser-included offense, that the evidence was sufficient to support the conviction, and that instructions given did not impermissibly comment on the weight of the evidence were not argumentative and did not deprive the defendant of a fair and objective consideration by the jury, and that the defendant was not deprived of his right to testify.
(9-0: Weddle did not participate)

NOTE – An appendix to the opinion has a photo of the scene:

Young v. Martin, 2023-CA-00980-COA (Civil – Real Property)
Affirming the chancellor’s decision denying a motion to set aside a default judgment in an action to quiet title and confirm a tax title, holding that the complaint signed by an attorney was a “sworn complaint” for purposes of Miss. Code Ann. § 11-17-1, that the chancellor did not abuse his discretion denying a Rule 60 motion or in deciding that the proper parties were notified of the tax sale.
(7-2: Westbrooks and McDonald dissented without writing; Smith did not participate)

Practice Point – Here is the crux of the Court’s holding on the first issue that is worth keeping in mind:

Wagner v. State, 2023-KA-01123-COA (Criminal – Felony)
Affirming conviction of felony aggravated domestic violence, holding after a review of counsel’s Lindsey brief and the record that there were no arguable issues for appeal.
(9-0: Smith did not participate)

Davis v. State, 2023-KA-00811-COA (Criminal – Felony)
Affirming conviction of being a felon in possession of a firearm, holding that the trial court did not err in denying a motion to suppress the firearm because the stop during which it was obtained did not violate the defendant’s Fourth Amendment rights.
(9-1-0: Lawrence concurred in part and in the result without writing)

King v. State, 2023-KA-00658-COA (Criminal – Felony)
Affirming conviction of second-degree murder based on counsel’s Lindsey brief and an independent review of the record.
(9-0: Weddle did not participate)

Gardner v. State, 2023-KA-00903-COA consolidated with No. 2018-KA-01337-COA (Criminal – Felony)
Reversing convictions of cocaine possession and felony evasion, holding that the trial court erred in admitting prior convictions for purposes of impeachment but also holding that the defendant is not entitled to a judgment of acquittal because there was sufficient evidence to support his convictions.
(7-2: Carlton dissented, joined by Smith; Emfinger did not participate)

Levi v. State, 2023-KA-00718-COA (Criminal – Felony)
Affirming conviction of possession of meth with intent distribute and possession of cocaine with intent to distribute, holding that the trial court erred in admitting evidence of prior convictions for simple possession but that the error was harmless.
(5-4-1: Carlton concurred in part and in result, joined by Smith and Emfinger; Westbrooks and Smith concurred in result only without writing; McDonald concurred in part and dissented in part without writing)

Other Orders

  • Collins v. State, 2022-KA-01184-COA (denying rehearing)
  • Wallace v. Smith, 2023-KA-00071-COA (denying rehearing)
  • Siggers v. State, 2023-CP-00324-COA (denying rehearing)
  • Carroll v. State, 2023-CP-00688-COA (denying rehearing)
  • Miller v. State, 2023-CP-00812-COA (granting appellant’s pro se motion for leave to file motion for rehearing out of time)
  • Saddler v. State, 2024-CP-00099-COA (granting motion to reinstate his administratively dismissed appeal)
  • Taylor v. State, 2024-KA-00280-COA (granting motion to reinstate appeal)
  • Morris v. State, 2024-TS-00580-COA (sua sponte order allowing appeal to proceed on the merits)
  • Johnson v. State, 2024-TS-00650-COA (allowing appeal to proceed as timely)
  • Butler v. State, 2024-TS-00747-COA (granting motion to reinstate appeal)

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Mississippi Supreme Court Decisions of November 21, 2024

The Mississippi Supreme Court handed down five opinions on November 21, 2024, while I was out. Here are summaries of those decisions – two custody/parental rights cases, two felony appeals, and a certified question answer regarding the interplay between the MTCA and the MWPA.

Bell v. State, 2023-KA-00801-SCT (Criminal – Felony)
Affirming convictions of aggravated assault and possession of a firearm by a felon, holding that after consideration of counsel’s Lindsey brief and the record that there were no issues warranting appellate review.
(9-0)

S.D.P. v. Harrison County Department of Child Protection Services, 2023-CA-00838-SCT (Civil – Domestic Relations)
Affirming the youth court’s judgment terminating parental rights regarding a medically fragile child, holding that the youth court’s decision was based on clear and convincing evidence that the parents were not mentally, morally, or otherwise fit and that reunification was not desirable toward obtaining a satisfactory permanency outcome.
(9-0)

Johnson v. Miller, 2024-FC-00419-SCT (Civil – Federally Certified Question)
Answering a certified question from the Fifth Circuit, holding that the Mississippi Tort Claims Act’s statute of limitations and notice requirements do not apply to the Mississippi Whistleblower Protection Act.
(9-0)

Myers v. State, 2023-KA-01083-SCT (Criminal – Felony)
Affirming convictions of shooting into a dwelling and aggravated assault with a deadly weapon, holding that the trial court did not commit plain error regarding jury instructions because the instruction on the elements of shooting into a dwelling did not constitute an impermissible constructive amendment to the indictment.
(9-0)

In Re the Adoption of J.J.W.B: J.B. v. M.M., 2023-IA-00457-SCT, consolidated with 2023-IA-00458-SCT (Civil – Custody)
Reversing the chancellor’s decision denying a motion to dismiss a grandmother’s motion to set aside an adoption because the motion to set aside was untimely and no jurisdictional issues were present to set aside the adoption, but affirming the chancellor’s decision that the adoption did not extinguish the grandmother’s visitation rights and properly denied the motion to dismiss the grandmother’s contempt action and remanding for further proceedings to determine post-adoption visitation.
(5-4-0: Coleman concurred in part and in the result without writing; King concurred in part and in the result, joined by Randolph and Kitchens, and joined in part by Coleman and Griffis)

Other Orders

  • In Re: Rules of Discipline for the Mississippi Bar, 89-R-99010-SCT (appointing or reappointing Alicia S. Hall, Assistant Dean Mary Largent Purvis, District Attorney Angel Myers McIlrath, Municipal Judge Robert Fant Walker, Robert E. Quimby, and Circuit Judge Michelle Easterling to three-year terms)
  • Bell v. State, 2023-KA-008001-SCT (denying second motion for reappointment of counsel and motion for rebuttal)

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Mississippi Supreme Court Decisions of December 5, 2024

The Mississippi Supreme Court handed down six opinions today covering personal jurisdiction, waiver of defenses, venue, bad faith, death penalty PRC, and direct criminal appeal. There are also orders amending Rule 10 and Rule 12 of the Mississippi Rules of Civil Procedure.

Palmer v. McRae, 2023-CP-01026-SCT (Civil – Other)
Affirming the circuit court’s order enforcing sureties’ liability, holding that the appellant’s arguments on appeal were waived and procedurally barred on appeal because he failed to appear or otherwise defend in the circuit court.
(8-1-0: King concurred in result only without writing)

Mississippi Department of Human Services v. Johnson, 2022-CT-00605-SCT (Civil – Other)
Reversing the chancery court’s and Court of Appeals’ decisions related to a motion to set aside a 2002 paternity order, holding that while the chancery court lacked personal jurisdiction due to insufficient service of process under Rule 81(d), the defendant waived that challenged by stipulating to the validity of the 2002 order in 2003.
(6-3-0: Randolph concurred in part and in result without writing; Griffis concurred in part and in result, joined by Maxwell and joined in part by Randolph)

Boyett v. Cain, 2022-CT-00978-SCT (Civil – Other)
Reversing the circuit court and the Court of Appeals, holding that they erred in finding that the proper venue for a prisoner to challenge an MDOC decision is the county in which the prisoner is located and clarifying that Section 11-11-3 controls and venue is proper in a county in which a defendant resides or in a county where a substantial act or even caused the alleged injury.
(9-0)

United Services Automobile Association v. Estate of Minor, 2023-CA-00049-SCT (Civil – Insurance)
Affirming a jury award of punitive damages in a bad faith claim on direct appeal but reversing the trial court’s denial of a post-trial motion for attorney’s fees, holding (1) that the trial court did not err in submitting the issue of punitive damages to the jury, (2) that the trial court did not err in submitting what he deemed to be a reasonable amount of attorney’s fees (the plaintiffs’ attorneys’ contingency fee), (3) that the $10M punitive damages award was within the Campbell guideline, (4) that trial court did not err in instructing the jury that adjusters were charged with knowledge of all records at all times, in denying the carrier’s request to depose the insured, or in excluding the insured’s bribery convictions, (5) and rendering a judgment awarding attorney’s fees of $4.5M plus post-judgment interest based on a 45% contingency fee on the punitive damages award.
(5-3: Maxwell concurred in part and dissented in part, joined by Chamberlin and joined in part by Griffis; Griffis dissented, joined in part by Maxwell; Coleman did not participate)

Corrothers v. State, 2023-CA-00401-SCT (Civil – Death Penalty – Post Conviction)
Affirming denial of PCR motion, holding that the trial court did not err in finding that the petitioner failed to prove improper juror communication.
(7-2-0: Kitchens and King concurred in result only without writing)

Mitchell v. State, 2023-KA-00859-SCT (Criminal – Felony)
Affirming conviction of second-degree murder, holding that the trial court did not err in instructing the jury and dismissing the ineffective assistance of counsel claims without prejudice.
(8-1-0: Ishee concurred, joined in part by Randolph and Beam)

Other Orders

  • In Re: The Rules of Civil Procedure, 89-R-99001-SCT (amending Rule 10 of the Mississippi Rules of Civil Procedure) (deleting subsection (d) that required a copy of an account or written instrument to be attached to the pleading asserting a claim founded on such)
  • In Re: The Rules of Civil Procedure, 89-R-99001-SCT (amending Rule 12 of the Mississippi Rules of Civil Procedure) (Advisory Committee Historical Notes states that was done to consistently refer to an “answer” to a counterclaim rather than a “reply”)
  • Landrum v. Livingston Holdings, LLC, 2022-CA-00498-SCT (denying rehearing)
  • Clemmons v. State, 2022-CT-00700-SCT (denying cert)
  • Brown v. Black, 2022-CT-00869 (denying cert)
  • Boyett v. Cain, 2022-CT-00978-SCT (denying motion for reconsideration)
  • Johnson v. State, 2023-CA-00117-SCT (denying rehearing)
  • Wells v. State, 2023-KA-00670-SCT (denying rehearing)
  • In Re: Andrew McGraw, 2024-M-00654 (denying application to proceed in the trial court, finding that the application is frivolous, and restricting the petitioner from filing further PCR applications in forma pauperis)

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Mississippi Court of Appeals Decisions of December 3, 2024

The Mississippi Court of Appeals handed down seven opinions today. It was a big day for real property and wills. There are also two criminal appeals, an MTCA personal injury case, and a PCR case.

Pham v. Miner, 2023-CA-00266-COA (Civil – Real Property)
Reversing the chancellor’s decision in a dispute over ownership of a parcel, holding that the chancellor erred in finding that a deed was defective and subject to interpretation with parol evidence and further that the chancellor failed to make a specific ruling on the adverse possession claim.
(9-0: Smith did not participate)

Estate of Forkner: Berry v. Forkner, 2023-CA-00707-COA (Civil – Wills, Trusts & Estates)
Affirming in part and reversing in part the chancellor’s rulings related to the construction of a holographic will, holding that the chancellor did not err in admitting the will to probate, in finding that real property should pass by intestate succession, or in awarding personal property to one party, but reversing and remanding the issue of attorney’s fees for the chancellor’s failure to apply the McKee factors with supporting findings.
(8-1-1: Westbrooks concurred in result only without writing; McDonald concurred in part and dissented in part without writing)

Lewis v. State, 2023-CP-01109-COA (Civil – PCR)
Affirming summary denial of PRC motion, holding that it was time-barred without applicable exception.
(9-0: Smith did not participate)

Booth v. State, 2023-KA-00906-COA (Criminal – Felony)
Affirming conviction of second-degree murder, holding after review of Lindsey brief and the record that there are no arguable issues on appeal.
(10-0)

Lucas v. State, 2023-KA-01015-COA (Criminal – Felony)
Reversing conviction of malicious mischief, holding that malicious mischief is not a lesser-included offense of the indicted offense of burglary of a dwelling.
(9-1-0: Lawrence concurred in part and in result without writing)

Smith v. Anderson, 2022-CA-00959-COA (Civil – Real Property)
Affirming the chancellor’s decision in a dispute among cousins over 159 acres, holding that the chancellor did not err in dismissing a counterclaim of adverse possession or in “failing to address” affirmative defenses that were not pursued, and that an issue not raised in the chancery court was waived on appeal.
(10-0)

Berry v. Jackson County, 2023-CA-00643-COA (Civil – Personal Injury)
Affirming summary judgment in favor of the County in an MTCA suit stemming from a collision with a suspect who was fleeing law enforcement, holding that the plaintiff did not present evidence that the County acted in reckless disregard of her safety.
(5-3-0: Wilson and McDonald concurred in part and in result without writing; Westbrooks concurred in result only without writing; Lawrence and Smith did not participate)

Other Orders

  • Hyland v. State, 2023-CA-00256-COA (denying rehearing)
  • Aldridge v. South Tippah County School District, 2023-CA-00418-COA (denying rehearing)
  • Estate of Johnson: Manners v. Estate of Johnson, 2023-CA-00823-COA (denying rehearing)

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Mississippi Court of Appeals Decisions of November 19, 2024

The Mississippi Court of Appeals handed down two opinions today. Both are direct criminal appeals. I will be out of the office on Thursday, so I’ll include this week’s Mississippi Supreme Court decisions in a post next week.

Smith v. State, 2023-KA-00703-COA (Criminal – Felony)
Affirming conviction of of burglary of a dwelling and possession of a weapon as a felon, holding that the verdict was not against the overwhelming weight of the evidence where the jury was presented with two different narratives of the altercation and performed its duty to weight the credibility of the competing evidence.
(10-0)

Ellzey v. State, 2022-KA-00797-COA (Criminal – Felony)
Affirming conviction of three counts of fondling, holding that the trial court did not err in denying the motion to quash the indictment, in finding that an alleged statement by a juror regarding the incompetency of a government agency did not constitute impermissible outside influence, in limiting cross-examination of a witness, in not excluding or limiting counseling records under the plain error doctrine, in overruling the defendant’s objection to allegedly speculative testimony, in overruling a hearsay objection because the testimony was not offered to prove the truth of the matter asserted, in overruling an objection to other allegedly speculative testimony (or committed harmless error), in overruling an objection to testimony that allegedly vouched for the victim’s credibility, or in not sua sponte objecting to statements in closing argument, and dismissing the ineffectively assistance of counsel claim without prejudice, holding that there could be no cumulative error where there was at most one harmless error, and holding that other issues were waived for failure to raise them in the trial court.
(9-1-0: McCarty specially concurred, joined by Westbrooks and McDonald)

Other Orders

  • Martin v. Arceneaux, 2022-CA-01035-COA (denying rehearing)
  • Smith v. Mitchell, 2023-CA-00259-COA (denying rehearing)
  • Carpenter v. State, 2023-KA-00580-COA (denying rehearing)
  • Shipp v. State, 2023-KA-00655-COA (denying rehearing)

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