The Mississippi Supreme Court handed down four opinions and entered an impressive sixteen “other orders” today. The opinions are a direct criminal appeal, an ecclesiastical abstention case, a precedent-overruling PCR case, and a contract case deciding whether a post-mediation agreement was enforceable. Among the sixteen other orders is an order amending Rule 54 of the Mississippi Rules of Civil Procedure that civil practitioners should note.
Hawkins v. State, 2022-KA-01250-SCT (Criminal – Felony)
Affirming conviction of sexual battery, holding that there was sufficient evidence for a reasonable jury to find based on the totality of the circumstances that the defendant was in a position of trust or authority over the victim.
(9-0)
Melton v. Union Hill Missionary Baptist Church, 2022-CA-00737-SCT (Civil – Other)
Reversing and vacating the chancery court’s judgment in a dispute over whether a church had been removed its pastor, holding that the doctrine of ecclesiastical abstention put this question outside of the chancery court’s jurisdiction and that the well-meaning chancellor violated the Mississippi Constitution and the Establishment Clause when he personally moderated a congregational meeting to hold a second vote on the pastor and declared the church’s sanctuary a courtroom.
(9-0)
NOTE – The Court also had this to say about the congregational meeting:
Ronk v. State, 2021-DR-00269-SCT (Civil – PCR)
Affirming denial of motion for relief from judgment or for leave to file successive petition for PCR that included an ineffective assistance claim, overruling Grayson v. State to the extent it excepted ineffective-assistance-of-post-conviction-counsel claims from the UPCCRA’s bars in death-penalty cases, based on the recent Howell decision.
(6-3: Kitchens dissented, joined by King and Ishee)
Logan v. RedMed, LLC, 2022-CA-00669-SCT (Civil – Contract)
Reversing the trial court’s judgment enforcing a settlement following a mediation, holding that the proposed settlement agreement that resulted from the mediation lacked material terms required by Mississippi contract law.
(6-3: Chamberlin dissented, joined by Maxwell and Beam)
Other Orders
In Re: The Rules of Civil Procedure, 89-R-99001-SCT (amending Rule 54, effective January 18, 2024)
NOTE – Here is the amended text of Rule 54(d):
And here is the amended Advisory Committee Historical Note:
In Re: The Rules of Discipline for the Mississippi Bar, 89-R-99010-SCT (appointing or reappointing Hon. Eleanor Faye Peterson, Clarence Webster III, Jackye C. Bertucci, Hon. Mark A. Maples, Hon. Celeste E. Wilson, and Charles Elliott Winfield as complaint tribunal members for three-year terms from January 1, 2024, through December 31, 2026)
Flynt v. State, 2016-M-00862 (denying PCR motion, finding the motion frivolous, and warning that future frivolous filings might result in sanctions)
Williams v. State, 2016-M-01063 (denying PCR motion, finding the motion frivolous, and warning that future frivolous filings might result in sanctions)
Cavitt v. State, 2018-M-00197 (denying PCR motion, finding the motion frivolous, and warning that future frivolous filings might result in sanctions)
Ronk v. State, 2021-DR-00269-SCT (denying motion for relief from judgment or leave to file successive PCR petition)
Howard Industries, Inc. v. Hayes, 2021-CT-00694, consolidated with 2021-CT-00695 (granting appellee’s motion for attorney’s fees for additional services provided and denying rehearing)
Christian v. State, 2021-M-00807 (denying PCR motion, finding the motion frivolous, and warning that future frivolous filings might result in sanctions)
Priceline.com, LLC v. Fitch, 2021-CA-00868-SCT (denying rehearing)
Johnson v. Johnson, 2021-CT-01080-SCT (denying cert)
Ehrhardt v. State, 2021-CT-01143-SCT (denying cert)
Pearson v. Eubanks, 2022-CT-00011-SCT (granting cert)
Brown v. State, 2022-CT-00069-SCT (denying cert)
Roosa v. Roosa, 2022-CT-00128-SCT (denying cert)
Tarvin v. State, 2022-M-00260 (denying PCR motion, finding the motion frivolous, and warning that future frivolous filings might result in sanctions)
The Mississippi Bar v. Russell, 2023-BD-00843-SCT (granting petition to transfer lawyer to disability inactive status)
Mississippi Appeals Blog 