Tag: jury instructions

Mississippi Court of Appeals Decisions of September 24, 2024

The Mississippi Court of Appeals handed down four opinions today. Three are PCR cases and the other is a direct criminal appeal.

Walker v. State, 2023-CP-00787-COA (Civil – PCR)
Affirming dismissal of a PCR motion, holding that the trial court properly dismissed the motion for failure to first seek relief through MDOC’s ARP regarding the calculation of a sentence.
(9-0)

Farris v. State, 2023-CP-00845-COA (Civil – PCR)
Affirming denial of PCR motion, holding that the trial court did not err in finding that the trial court did not err with regarding to sentence enhancements and that there was no prejudice in the trial court no recusing sua sponte such that there was a reversible abuse of discretion.
(9-0)

Ward v. State, 2023-CA-00378-COA (Civil – PCR)
Affirming denial of PCR motion, holding that the trial court did not err in finding that the motion was time barred by the UPCCRA.
(7-1-0: Westbrooks concurred in result only without writing; Emfinger did not participate.)

Simmons v. State, 2023-KA-00518-COA (Criminal – Felony)
Affirming conviction of second-degree murder, holding that the trial court did not err in the self-defense instructions given and that there was sufficient evidence to sustain the conviction.
(9-0)

Other Orders

  • Course v. State, 2022-KA-00760-COA (denying rehearing)
  • Holt v. State, 2023-KM-00121-COA (denying motion to correct the court’s prior opinion)
  • Hamer v. State, 2023-CP-00701-COA (denying rehearing)

Hand Down Page

I had a hearing in Copiah County Circuit Court yesterday and that was my first time in the courthouse in Hazlehurst. It is a beautiful, three-story building with a central rotunda and a dome that is visible from the ground floor. I did not get a good picture of the courtroom, but it is circular with gallery seating wrapped-around on the ground floor and on a second-floor balcony. A great, small-town Mississippi courthouse!

Mississippi Supreme Court Decisions of August 22, 2024; August 29, 2024; September 5, 2024 and September 12, 2024

I have fallen behind on my summaries. Fortunately for me, this has not been a particularly prolific stretch for the Mississippi Supreme Court. Summaries from the last four weeks are below.

August 22, 2024

No Opinions

August 29, 2024

Chatman v. State, 2023-KA-00583-SCT (Criminal – Felony)
Reversing conviction of two counts of sexual battery, holding that there was uncertainty as to the unanimity of the jury’s verdict as to the sexual-battery counts but that there was no such uncertainty as to the lesser-included offense of gratification of lust for each count, and remanded for new trial on sexual-battery charges or resentencing on the lesser-included counts.
(8-0: Randolph did not participate)

McClain v. State, 2023-KA-01189-SCT (Criminal – Felony)
Affirming conviction of possession of a firearm by a convicted felony, holding that there were no issues warranting reversal based on review of counsel’s Lindsey brief and the record.
(9-0)

September 5, 2024

Johnson v. State, 2023-CA-00117-SCT (Criminal – PCR)
Affirming the trial court’s decision that the defendant should remain parole ineligible after Miller hearing, holding the defendant was not entitled to jury sentencing under section 97-3-21(2) because he was convicted before July 1, 2024, and that the application of the parole-ineligibility statute to the defendant’s life sentence was not unconstitutional.
(6-3-0: Coleman concurred in part and in the result, joined by Kitchens and King)

September 12, 2024

Archie v. Smith, 2023-EC-01149-SCT (Civil – Election Contest)
Vacating judgment on petition for judicial review of an election contest, holding that the circuit court did not consider sufficient evidence to determine whether the circuit clerk’s office was open or closed on the due date which, in turn, determined whether the petition was timely.
(8-0: Kitchens did not participate)

Fluker v. State, 2022-CT-00692-SCT (Criminal – Felony)
Reversing conviction of conspiracy to commit aggravated assault, holding that the trial court erred in denying the defendant’s request to instruct the jury on the lesser-included offense of conspiracy to commit simple assault.
(8-0: Randolph did not participate)

Other Orders

August 22, 2024

  • Patrick v. Patrick, 2021-CT-00891-SCT (denying cert)
  • MDHS v. Johnson, 2022-CT-00605-SCT (granting cert)
  • Thoden v. Hallford, 2022-CA-00835-SCT (denying rehearing)
  • Smith v. State, 2022-CT_00852-SCT (denying cert)
  • Boyett v. State, 2022-CT-01239-SCT (denying cert)
  • McNinch v. Brandon Nursing & Rehabilitation Center, L.L.C., 2023-CA-00050-SCT (denying rehearing)
  • Gleason v. State, 2023-CT-00357-SCT (denying cert)
  • Pryer v. State, 2023-M-01230-SCT (denying motion to reconsider)

August 29, 2024

  • Ronk v. State, 2021-DR-00269-SCT (denying motion to stay mandate pending cert)
  • Arnold v. State, 2021-CT-01426 (denying cert)
  • Rutland v. Regions Bank, 2022-CT-00720 (denying cert)
  • Malone v. State, 2022-CT-00958-SCT (denying cert)
  • Minor v. State, 2022-CT-00990-SCT (granting cert)
  • The Mississippi Bar v. Rogers, 2024-BD-00215-SCT (granting the Bar’s motion for reimbursement of costs and expenses)

September 5, 2024

  • Wilson v. State, 2017-M-00230 (denying pro se application for leave to proceed in the trial court, finding the filing frivolous, and warning that future frivolous filings may result in sanctions)
  • Cage v. State, 2017-M-01498 (denying pro se application for leave to proceed in the trial court, finding the filing frivolous, and warning that future frivolous filings may result in sanctions)
  • Clarksdale Public Utilities Commission v. Mississippi Department of Employment Security, 2022-CT-01085-SCT (denying cert petition as untimely)

September 12, 2024

  • Marshall v. State, 2022-CT-00541-SCT (denying cert)
  • M.H. v. L.R., 2022-CA-00922-SCT (denying motion to substitute, motion to expedite consideration, and motion to dismiss the appeal as moot, and vacating judgment terminating parental rights)

Hand Down Page – August 22, 2024

Hand Down Page – August 29, 2024

Hand Down Page – September 5, 2024

Hand Down Page – September 12, 2024

Mississippi Court of Appeals Decisions of August 13, 2024

The Mississippi Court of Appeals handed down six opinions today. The court affirmed in two direct criminal appeals but reversed, dismissed, or vacated in each of the remaining cases. Those four consist of a divorce, a real property conveyance, a mechanic lien against real property, and a misdemeanor.

Osing v. Osing, 2022-CA-00755-COA (Civil – Domestic Relations)
Affirming in part and reversing in part the chancellor’s judgment in a divorce proceeding, holding that the chancellor did not err in denying the husband’s motion to withdraw consent to the irreconcilable-differences divorce, but reversing the chancellor’s division of the marital estate for failure to make sufficient factual findings and, as a result, reversed the chancellor’s award of alimony and a minor child’s college and health-insurance coverage pending reconsideration of the division of the marital estate.
(7-1-0: Wilson concurred in part and in the result without separate written opinion; Lawrence did not participate)

Campbell v. State, 2022-KA-01055-COA (Criminal – Felony)
Affirming conviction of burglary of a dwelling, holding that there was sufficient evidence supporting the verdict and that the verdict was not against the overwhelming weight of the evidence, that the trial court did not err by referencing the grand jury proceedings, that there was no Brady violation regarding lost fingerprints, and that the trial court did not err in overruling a Batson challenge.
(8-0: Smith did not participate)

Alexander v. Espinoza, 2023-CP-01139-COA (Civil – Real Property)
Dismissing the appeal of a chancellor’s order denying declaratory relief, holding that the chancellor’s order was not a final judgment because it did not resolve all claims against all parties, and it did not contain 54(b) certification language.
(9-0)

In the Matter of the Estate of Johnson: Manners v. Estate of Johnson, 2023-CA-00823-COA (Civil – Wills, Trusts, & Estates)
Reversing the chancellor’s decision denying a claim to enforce rights under a document by which a decedent had intended to convey an interest in real property, holding that the document was a valid conveyance of an interest in the property and remanded for necessary parties to be joined and for further proceedings consistent with the opinions.
(9-0)

Carpenter v. State, 2023-KA-00580-COA (Criminal – Felony)
Affirming conviction of two counts of child exploitation, holding that section 97-5-33(8) of Mississippi’s child exploitation statute is not unconstitutional for overbreadth or for supporting entrapment and holding that the verdict was supported by sufficient evidence.
(9-0)

NOTE – Here is the court’s description of section Miss. Code Ann. § 97-5-33(8):

Holt v. State, 2023-KM-00121-COA (Criminal – Misdemeanor)
Vacating and remanding dismissal of an appeal to the circuit court from a conviction of simple domestic assault originating in municipal court, holding that the circuit court erred by dismissing the appeal for failure to file a brief without giving notice of the deficiency and an opportunity to cure and that the record was insufficient to determine whether the circuit court had jurisdiction for want of posting a cost bond.
(7-1-0: Carlton concurred in result only without writing; Smith did not participate)

  • Bradford v. State, 2022-KA-00493-COA (denying rehearing)
  • Hutson v. Hutson, 2022-CT-00569-COA (dismissing motion for appellate attorney’s fees)
  • Taylor v. Johnson, 2022-CA-00734-COA (denying rehearing)
  • Brown v. Black, 2022-CA-00869-COA (denying rehearing)
  • Roley v. Roley, 2022-CP-01104-COA (denying rehearing)
  • Winstead v. State, 2022-KA-01235-COA (denying rehearing)
  • Smith v. State, 2023-KA-00185-COA (denying rehearing)
  • Magyar v. Shiers, 2023-CA-00682-COA (denying motion to dismiss appeal)
  • Brown v. State, 2024-TS-00741-COA (granting motion to proceed out of time)

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Mississippi Court of Appeals Decisions of August 6, 2024

The Mississippi Court of Appeals handed down six opinions today. Four are direct criminal appeals, one is an attorney’s fees dispute in a property-line encroachment case, and the other is a PCR case.

Perkins v. State, 2023-KA-00874-COA (Criminal – Felony)
Affirming conviction of felon in possession of a firearm, holding that the verdict was supported by sufficient evidence and not against the overwhelming weight of it and that the trial court did not abuse it discretion in admitting the defendant’s unredacted prior felony conviction, in denying a motion for mistrial based on a statement heard on bodycam video during the portion of that video that the State had agreed to mute, or in limiting the defendant’s cross-exam regarding police department policies.
(7-1-1: Westbrooks concurred in result only; McDonald dissented without writing)

Corr Properties, LLC v. Proctor, 2023-CA-00782-COA (Civil – Other)
Affirming the chancellor’s award of attorney’s fees after resolving a property-line encroachment dispute, holding that the chancellor did not err in granting one party’s request and denying the other party’s request where the chancellor made specific findings and his decision was supported by substantial evidence in the record.
(9-0)

Johnson v. State, 2022-KA-00665-COA (Criminal – Felony)
Affirming conviction of murder, holding that the trial court did not err by not objecting sua sponte to improper remarks by the State during closing argument that the defendant did not object to, that the defendant’s right to a speedy trial was not violated, that the trial court did not abuse its discretion in admitting a map, in admitting a thumbdrive with materials from the defendant’s Facebook page, that the lack of error precluded reversal based on cumulative error, and that the verdict was supported by sufficient evidence and not against the overwhelming weight of it, and declining to address ineffective-assistance-of-counsel claims on direct appeal.
(9-0)

Carroll v. State, 2023-CP-00688-COA (Civil – PCR)
Affirming the trial court’s denial of a PCR motion, holding that the indictment for burglary of a dwelling was not defective for listing the incorrect owner of said dwelling.
(9-0)

Alexander v. State, 2022-KA-00977-COA (Criminal – Felony)
Affirming conviction of touching of a child for lustful purposes, holding that the State made improper “golden rule” arguments during closing but that it was harmless in the context of the evidence supporting the conviction, that the trial court did not abuse its discretion denying the defendant’s for-cause challenge to a juror, that the trial court did not abuse its discretion in denying the defendant’s simple assault instruction, and that the single harmless error regarding golden-rule arguments did not amount to cumulative error.
(4-4-0: Barnes, Wilson, and Emfinger concurred in part and in the result without writing; Lawrence concurred in result only without writing; Smith did not participate)

Simmons v. State, 2023-KA-00130-COA (Criminal – Felony)
Affirming conviction of capital murder for killing someone during the commission of a burglary, holding that the evidence was sufficient to support the conviction, the verdict was not against the overwhelming weight of the evidence, the trial court did not err by admitting gruesome autopsy photos, and the trial court did not err by refusing the defendant’s proposed reasonable-doubt instructions.
(7-2: McDonald dissented without writing; Westbrooks dissented, joined by McDonald)

Other Orders

  • Weaver v. Ross, 2022-CA-00426-COA (denying rehearing)
  • The City of Pascagoula v. Cumbest, 2022-CA-00745-COA (denying rehearing)
  • Nettles v. Nettles, 2023-CA-00041-COA (denying rehearing)

Hand Down Page

Mississippi Court of Appeals Decisions of July 16, 2024

The annual July hiatus is over and the Mississippi Court of Appeals is back today with nine opinions. There are four direct criminal appeals, including one reversal of a murder conviction. There are three real property cases, one involving a partition, one an administrative condemnation decision, and the other a landowner’s right to keep horses on her property within city limits. There is also a custody modification decision and a PCR decision. (If you notice a missing tenth judge on these cases, Judge Greenlee’s retirement from the court was effective July 1, 2024.)

JDB Rentals, LLC v. City of Verona, 2023-CA-00431-COA (Civil – Real Property)
Reversing the circuit court’s decision affirming the board of aldermen decision administratively condemning three of rental properties, holding that the exclusionary rule prohibited consideration of evidence the code-enforcement officer obtained incident to an unconstitutional search of property.
(8-1-0: Carlton concurred in result only without writing)

Davis v. State, 2023-KA-00636-COA (Criminal – Felony)
Affirming conviction of first-degree murder and shooting into a motor vehicle, holding that the trial court did not err by not striking four potential jurors because none of the four was seated on the jury.
(8-1-0: McDonald concurred in the result only without writing)

Shanks v. State, 2023-CP-00271-COA (Civil – PCR)
Affirming denial of PCR motion seeking relief from a 2003 guilty plea, holding that the claims were not subject to any exception and did not involved the parole board.
(9-0)

Wade v. Simmons Erosion Control, Inc., 2023-CA-00733-COA (Civil – Real Property)
Affirming the chancery court’s decision dividing a large tract of land between two landowners, holding that the chancellor did not commit manifest error by accepting and approving a special master’s report and choosing one of the partition options presented by the special master.
(9-0)

Sinquefield v. The City of Ridgeland, 2022-CA-01276-COA (Civil – Real Property)
Reversing the circuit court’s decision that affirmed the City’s unanimous (no nays) decision that a landowner lacked the requisite acreage to maintain two horses on her property, holding that the City had to be reined in because its interpretation of the ordinance was not based on substantial evidence and was arbitrary and capricious where the owner had ponied up and acquired possessory interest in adjacent tracts.
(6-1-0: McCarty concurred in part and in the result without trotting out a written opinion; Barnes and Emfinger did not participate)

Herrington v. State, 2022-KA-00691-COA (Criminal – Felony)
Affirming conviction of aggravated assault, holding that after reviewing counsel’s Lindsey brief and the record that there were no issues that warranted reversal.
(8-0: Lawrence did not participate)

Littleton v. State, 2023-KA-00239-COA (Criminal – Felony)
Reversing the conviction of first-degree murder, holding that the circuit court erred in admitting a recorded statement of a witness where the witness was not called giving the defendant no opportunity to cross-examine the witness in violation of the Confrontation Clause, that the admission of the statement was not harmless error, and that the trial court abused its discretion in refusing to give the proposed defense instruction stating the jury’s duty to acquit should it find that the defendant acted in necessary self-defense.
(6-3-0: Lawrence and Emfinger concurred in part and in the result without writing; Wilson concurred in result only without writing)

NOTE – Here is a summary of the court’s holding that the admission of the statement was error from paragraph 42 of the opinion:

Wells v. State, 2022-KA-00707-COA (Criminal – Felony)
Affirming conviction of conspiracy to commit murder and first-degree murder, holding that the verdict was not against the overwhelming weight of the evidence.
(9-0)

May v. Brown, 2023-CA-00624-COA (Civil – Custody)
Affirming the chancery court’s child-custody modification order, holding that substantial evidence supported the modification giving the father primary care, control, and custody of the minor.
(8-1: Westbrooks concurred in result only without writing)

Other Orders

  • Estate of Green v. Michini, 2022-CA-00365-COA (denying motions for rehearing)
  • Rambo v. Kelly Natural Gas Pipelines, LLC, 2023-WC-00402-COA (denying rehearing)

Hand Down Page

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)

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Mississippi Court of Appeals Decisions of May 28, 2024

The Mississippi Court of Appeals handed down six opinions today. All are criminal law or criminal law adjacent, however there is one case discussing the form of the jury’s verdict that is more broadly applicable.

McDonald v. State, 2022-KA-01073-COA (Criminal – Felony)
Affirming conviction of possession of a firearm by a felon, holding that the verdict was not against the overwhelming weight of the evidence.
(8-2-0: Westbrooks and McDonald concurred in result only without separate written opinion)

Wilson v. State, 2023-CA-00070-COA (Civil – PCR)
Affirming denial of motion for PCR, holding that the motion was untimely and that the petitioner failed to establish an exception to the time bar.
(9-1-0: McDonald concurred in result only without writing)

Lathan v. State, 2022-KA-00927-COA (Criminal – Felony)
Affirming a juvenile’s conviction of second-degree murder and 40-year sentence, holding that the court did not err by accepting a verdict form that did not conform to the instructions but that nonetheless conveyed the jury’s intent in a reasonably clear manner and did not err in sentencing the juvenile because neither Jones nor Miller applied.
(10-0)

NOTE – Here is the Court’s explanation of the verdict form:

The Court also noted that the defendant did not object and that the jury was polled and that all agreed with the verdict.

PRACTICE POINT – This decision is worth reading for its succinct discussion on the form of the verdict issue. It packs a lot into two pages and may come in handy for your next big verdict form dispute.

Haley v. Brewer, 2023-SA-00571-COA (Civil – State Boards and Agencies)
Affirming the trial court’s denial of an inmate’s suit protesting a facility transfer, holding that the inmate had no protected liberty interest in his housing assignment within MDOC.
(10-0)

Spralls v. State, 2023-KA-00347-COA (Criminal – Felony)
Affirming conviction of burglary of an automobile, holding that a review of counsel’s Lindsey brief and an independent review of the record that there was no reversible error.
(10-0)

Turnage v. State, 2023-KA-00432-COA (Criminal – Felony)
Affirming conviction of possession of a controlled substance, holding that the trial court did not err in denying the defendant’s motion to suppress because there was substantial evidence that the police had probable cause to search his vehicle under the plain view exception or in finding the automobile exception allowed for a complete search of his truck.
(8-2-0: McDonald concurred in part and in the result without writing; Westbrooks concurred in result only without writing)

Other Orders

  • Hunter v. State, 2022-CP-01269-COA (dismissing untimely pro se motion for rehearing)
  • Gleason v. State, 2023-CP-00357-COA (denying rehearing)
  • Anderson v. Grabmiller, 2023-CA-00593-COA (dismissing appellee’s motion to strike appellant’s reply brief as moot after appellee’s notice of withdrawal and denying appellant’s motion for attorney’s fees and expenses)
  • Wilson v. State, 2023-CP-01050-COA (denying State’s motion to dsimiss and denying pro se appellant’s motion to preclude the State from filing a responsive brief)

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)

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Mississippi Supreme Court Decisions of May 9, 2024

The Mississippi Supreme Court handed down four opinions today. There is an decision about whether a subdivision’s roads are public or private, a Miller PCR case, a decisions about the applicability of McArn exceptions to at-will employment, and a felony case analyzing three jury instructions.

Newton County, Mississippi v. Deerfield Estates Subdivision Property Owners Association, LLC, 2022-CA-01227-SCT
(Civil – Real Property)
Affirming the chancellor’s decision in a case about whether the main roads in a subdivision are private or public roads, holding that the chancery court did not err in finding that the roads were accepted by the county via express common law dedication where the boards accepted the roads in its minutes, the rights of way over the roads, no tax had been levied on the rights of way, and the public had unrestricted access to the roads.
(9-0)

McDowell v. State, 2021-CT-01381-SCT (Civil – PCR)
Reversing sentence of life without parole after a resentencing trial pursuant to Miller, holding that the trial court’s unopposed grant of a jury trial under Miss Code. Ann. § 99-19-101(3) (Rev. 2020) made that section applicable to the entirety of the proceedings and therefore the trial court erred by conducting a Miller analysis and sentencing the defendant to life without parole.
(5-2-2: Maxwell concurred in part and in the result, joined by Randolph and Chamberlin; Beam dissented, joined by Griffis, and joined in part by Randolph and Maxwell.)

Brandi’s Hope Community Services, LLC v. Walters, 2022-CT-00188-SCT (Civil – Torts/Other)
Affirming in part and reversing in part the Court of Appeals and circuit court’s decisions after a wrongful termination verdict in the plaintiff’s favor, holding that the public policy exceptions to at-will employment established in McArn v. Allied Bruce-Terminix Co., Inc., do not conflict with the reporting protections in section 43-47-37(5)(b) of the Vulnerable Persons Act and that the plaintiff was qualified to bring wrongful termination claims.
(9-0)

Saxton v. State, 2023-KA-00226-SCT (Criminal – Felony)
Affirming conviction of aggravated assault, holding that the trial court erred in granting an unopposed instruction that contained an “incomplete” statement of Mississippi’s self-defense law but that the error did not result in a miscarriage of justice in light of other instructions given, that the trial court did not in in granting a definitional instruction on “imminent danger,” and that the trial court did not err in denying the defendant’s self-defense instruction as repetitive.
(5-4: Maxwell specially concurred, joined by Kitchens, Coleman, and Chamberlin; Kitchens concurred in part and in the result, joined by King and Ishee, and joined in part by Coleman.)

Other Orders

  • Fortenberry v. State, 2017-M-01026 (granting application for leave to file PCR petition)
  • Walter v. State, 2021-M-01125 (denying an application for leave to proceed in the trial court, and finding the filing frivolous and warning that future frivolous filings could be met with sanctions)
  • Patel v. State, 2022-CT-00985-SCT (denying cert)
  • Harris v. State, 2022-KA-01195-SCT (denying rehearing)
  • Kelly v. State, 2023-M-00482 (denying application for leave to file PCR petition)
  • Deutchman v. The Mississippi Bar, 2024-BD-00009-SCT (granting leave to resign in good standing from the practicing of law in Mississippi)

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A couple of pictures from my trip to circuit court in Warren County yesterday:

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)

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