The Mississippi Court of Appeals handed down eleven opinions today. The majority are PCR cases, but there are a few direct criminal appeals, a personal injury case, and a divorce case.
Magee v. State, 2023-CP-00008-COA (Civil – PCR)
Affirming denial of PCR motion, holding that the circuit court did not err by failing to appoint counsel to represent the petitioner at his evidentiary hearing, finding that the guilty pleas were knowing/intelligent/voluntary, or in denying the claim of ineffective assistance of counsel.
(9-0)
Haley v. State, 2023-CP-00918-COA (Civil – PCR)
Affirming dismissal of second PCR motion, holding that the circuit court did not err in finding that the motion was successive and time-barred.
(9-0)
Stacy v. Stacy, 2023-CA-00219-COA (Civil – Domestic)
Reversing the chancellor’s division of martial property and alimony award, holding that the chancellor erred by failing to address both the Ferguson factors and the Armstrong factors in the decision.
(9-0)
Harris v. State, 2023-KA-00460-COA (Criminal – Felony)
Affirming resentencing for conviction of depraved heart murder, holding that the trial court did not err in sentencing the defendant to life imprisonment and that the defendant had no liberty interest in parole.
(7-1-0: Westbrooks concurred in result only; Emfinger did not participate)
Alexander v. Metropolitan Y.M.C.A., 2022-CP-01092-COA (Civil – Personal Injury)
Affirming the trial court’s grant of summary judgment in a personal injury action arising from a swimming pool accident, holding that the trial court did not err in granting summary judgment where there was no evidence of breach or proximate cause.
(7-0: McDonald and Emfinger did not participate)
Easterling v. State, 2023-KA-00610-COA (Criminal – Felony)
Affirming conviction of possession of a controlled substance as a second or subsequent offender and habitual offender, holding that there were no grounds for reversal after reviewing counsel’s Lindsey brief and the record.
(9-0)
LaFleur v. State, 2022-KA-00500-COA, consolidated with 2022-IA-01244-COA (Criminal – Felony)
Affirming the trial court’s denial of the defendant’s motion to dismiss, holding that the trial court’s ruling granting a new trial on attempted murder did not constitute an acquittal so the Double Jeopardy Clause did not prohibit a second trial, and dismissing direct appeal because the defendant did not challenge his conviction of simple assault.
Pryer v. State, 2023-CP-00568-COA (Civil – PCR)
Reversing the trial court’s denial of a Rule 60(b)(6) motion to reconsider the denial of a PCR motion challenging the revocation of a suspended sentence, holding that it was error to deny the motion reconsider because MDOC’s petition for revocation cited only technical violations.
(9-0)
Hardy v. State, 2023-CP-00970-COA (Civil – PCR)
Affirming denial of PCR motion, holding that the guilty plea was voluntary, that any Fourth Amendment or Sixth Amendment challenges were waived by the guilty plea.
(9-0)
Wallace v. State, 2023-KA-00071-COA (Criminal – Felony)
Affirming conviction of armed robbery, holding that the trial court did not commit plain error by proceeding with voir dire in the defendant’s absence where the defendant knew about the trial date but had transportation issues, that there was no reversible error related to the prosecutor’s statements during closing, and that the verdict was not against the overwhelming weight of the evidence.
(7-1[0]-1[2]: McDonald concurred in part and in the result without writing; Westbrooks concurred in part and dissented in part, joined by McDonald.)
Siggers v. State, 2023-CP-00324-COA (Civil – Other)
Affirming the trial court’s summary denial of a pro se “Habeas Corpus” pleading that it treated as a PCR motion, holding that the trial court erred by treating the pleading as a PCR motion but affirming denial of the “Habeas Corpus” because the issue was moot once the final revocation hearing was held, but remanding the matter to consider a subsequent PCR motion.
(6-3: McDonald concurred in part and dissented in part, joined by Barnes and Westbrooks, joined in part by McCarty)
Other Orders
- None
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