The Mississippi Supreme Court handed down three opinions today and one order approving local rules. There is a direct criminal appeal, a legal malpractice case before the supreme court on a forum-selection issue, and a contract/judgment case. The court’s cert denying machine is also humming along, with six cert petitions denied and none granted today.
Mills v. State, 2022-KA-00617-SCT (Criminal – Felony)
Affirming conviction of first-degree murder, holding that the trial court did not err in admitting photographs of the accident scene, photos of the victims wounds, or footage from the responding officer’s body camera, and holding that the verdict was not against the overwhelming weight of the evidence.
(9-0)
Breal v. The Downs Law Group, 2023-CA-00132-SCT (Civil – Legal Malpractice)
Reversing the trial court’s sua sponte enforcement of a forum-selection clause and dismissal of a legal malpractice claim, holding that forum-selection concerns venue and may be waived, and that “venue had clearly been waived” after one year of litigation.
(9-0)
Bhana v. Patel, 2022-IA-01264-SCT (Civil – Contract)
Reversing the chancery court’s renewal of a judgment on a loan, holding that the chancery court abused its discretion because the original judgment expired and the plaintiff failed to renew the judgment in any manner provided by law and that the defendant’s “slight delay in asserting a statute of limitations defense was neither substantial nor unreasonable.”
(8-1-0: Randolph concurred in result only without writing)
Other Orders
In Re: Local Rules, 89-R-99015-SCT (granting motion for approval of local rule filed by circuit court judges for the first circuit court district)
Clayton v. State, 2021-CT-00505-SCT (denying cert)
Williamson v. State, 2021-CT-00830-SCT (denying cert)
McInnis Elec. Co. v. Brasfield & Gorrie, LLC, 2021-CA-01115-SCT (consolidated with 2021-CA-01300) (denying rehearing)
Holliday v. State, 2022-CT-00149-SCT (denying cert)
Applewhite v. State, 2022-CT-00290-SCT (denying cert)
Rhodes v. RL Stratton Props. LLC, 2022-CT-00338-SCT (denying cert)
Carter v. PERS, 2022-CT-00383-SCT (denying cert)
River Oaks Hospital, LLC v. Thompson, 2023-M-00481-SCT (denying interloc)
Mississippi Appeals Blog 