Tag: Mississippi Supreme Court

Mississippi Supreme Court Decisions of January 9, 2025

The Mississippi Supreme Court handed down one opinion today in an interlocutory appeal from a will contest.

In the Matter of Estate of Lake: Lake v. Chesnutt, 2024-IA-00037-SCT (Civil – Wills, Trusts & Estates)
Reversing the chancellor’s order striking as waived and untimely a notice of jury trial in a will contest, holding that the chancellor erred because there was no hearing on the issue and the right to jury trial was not expressly waived.
(7-0: Sullivan and Branning did not participate)

Other Orders

  • In Re: Rules and Regulations for Certification and Continuing Education for Court Administrators, 89-R-99020-SCT (amending the Rules and Regulations for Certification and Continuing Education of Mississippi Court Administrators)
  • Whiddon v. State, 2022-CT-00616-SCT (denying cert)
  • City of Pascagoula v. Estate of Cumbest, 2022-CT-00745-SCT (denying cert)
  • Doss v. State, 2022-CT-01185-SCT (denying cert)
  • Signaigo v. Grinstead, 2022-CT-01212-SCT (denying cert)
  • Jordan v. State, 2022-DR-01243-SCT (denying motion to stay mandate)
  • Jiles v. State, 2023-CT-00383-SCT (denying cert)
  • Favre v. Mississippi Dept. of Human Services, 2024-IA-00880-SCT (granting petition for expedited interlocutory appeal) (you can read the petition here)
  • Favre v. Mississippi Dept. of Human Services, 2024-SA-00913 (dismissing appeal)

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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 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 Supreme Court Decisions of November 14, 2024

The Mississippi Supreme Court handed down five opinions today. There is an ESLA case, a restrictive covenants case, two direct criminal appeals with reversals, and a significant defamation case.

In Re Validation of up to $27,600,000 Trust Certificates Evidencing Proportional Interests in a Lease by The Simpson County School District: Floyd v. Simpson County School Board, 2023-CA-01126-SCT (Civil – Other)
Affirming the chancellor’s decision validating of trust certificates for a lease/leaseback transaction to fund construction of a school, holding that nunc pro tunc amendment to the June 10, 2021 minutes was lawful, that the Board’s notice satisfied statutory requirements of the ESLA, that the objecter was afforded adequate due process as required by the ESLA, that the Board had authority to create a nonprofit corporation, and that the ESLA is still applicable.
(8-0: Griffis did not participate.)

Smith v. Brockway, 2023-CA-01027-SCT (Civil – Real Property)
Affirming the chancery court’s denial of a petition for injunction and declaratory relief related to restrictive covenants and manufactured housing, holding that the restrictive covenants were unenforceable because they were not signed by the grantor.
(9-0)

Toler v. State, 2023-KA-00712-SCT (Criminal – Felony)
Affirming in part and reversing in part after the defendant was convicted of four counts of aggravated assault, one count of shooting into a motor vehicle, four counts of aggravated assault against officers, and failure to stop a motor vehicle for law enforcement, holding (1) that there was sufficient evidence to support the three challenged convictions of aggravated assault against officers who were shot at but not struck, (2) that the indictment was multiplicitous for charging the defendant with for counts of aggravated assault based on firing one shot at four individuals such that merger applied warranting a remand to vacate, merge, and resentence, and (3) that the trial court did not abuse its discretion excluding evidence of the defendant’s peaceful character.
(9-0)

Fagan v. Faulkner, 2022-CT-00130-SCT (Civil – Torts)
Affirming the Court of Appeals and reversing the judgments of the circuit court and county court in a defamation case, holding that the circuit court and county court erred by denying the defendant’s motion for directed verdict because as atrocious as the vulgarity was, it was non-actionable “name calling” that did not defame the plaintiff’s professional abilities.
(5-4: Randolph dissented, joined by Kitchens, King, and Ishee)

Ratcliff v. State, 2022-CT-00690-SCT (Criminal – Felony)
Reversing the Court of Appeals and the conviction of possession of a stolen firearm, holding that the State failed to present sufficient evidence of the defendant’s guilty knowledge to merit a jury question on that charge.
(8-0: Randolph did not participate)

Other Orders

  • In Re: Advisory Committee on Rules, 89-R-99016-SCT (appointing or reappointing as members of the Advisory Committee on Rules: Hon. Latrice A. Westbrooks, Hon. Carter Bise, Hon. W. Ashley Hines, Hon. Carol Jones Russell, William M. Gage, Esq., Justin T. Cook, Esq., Graham P. Carner, Esq., and Nicholas K. Thompson, Esq.)
  • Estate of Green v. Michini, 2022-CT-00365-SCT (denying cert)
  • Chatman v. State, 2023-KA-00583-SCT (denying rehearing)
  • In Re Validation of up to $27,600,000 Trust Certificates Evidencing Proportional Interests in a Lease by The Simpson County School District: Floyd v. Simpson County School Board, 2023-CA-01126-SCT (granting motion for leave to file a corrected reply brief)

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Mississippi Supreme Court Decisions of October 17, 2024

The Mississippi Supreme Court handed down four opinions today. There is a petition for back pay from reinstated utility commissioners, a reversal of a personal injury verdict in Madison County because the trial court abused its discretion admitting expert testimony, an appeal of the denial of a motion for remittitur/new trial after plaintiff’s verdict in a contract case, and a direct appeal of a drug possession conviction.

Slaughter v. City of Canton, 2023-CA-01102-SCT Civil – Other)
Affirming the circuit court’s denial of a petition of former commissioners of the Canton Municipal Utilities Commission seeking back pay, holding that the circuit court lacked jurisdiction after the case became final upon issuance of the mandate affirming the circuit court’s prior reinstatement of the commissioners.
(9-0)

Scarborough v. Logan, 2022-CA-00965-SCT consolidated with 2023-CA-00720-SCT (Civil – Personal Injury)
Reversing on cross-appeal a plaintiff’s verdict in a personal injury case, holding that the trial court abuse its discretion by allowing expert testimony from a witness who was never qualified or tendered as an expert witness and dismissing the direct appeal issues as moot.
(9-0)

Stribling Equipment, LLC v. Eason Propane, LLC, 2023-CA-00862-SCT (Civil – Contract)
Affirming the trial court’s decision denying a new damages trial and/or remittitur, holding that the amount of damages was high but not shocking and was supported by the evidence.
(9-0)

Vivian v. State, 2023-KA-00338-SCT (Criminal – Felony)
Affirming conviction of felony possession of meth and misdemeanor possession of marijuana, holding that there were no errors wanting reversal based on counsel’s Lindsey brief and the record.
(9-0)

Other Orders

  • Roley v. Roley, 2022-CT-01104-SCT (dismissing petition for cert)
  • Nettles v. Nettles, 2023-CT-00041-SCT (granting cert)

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Mississippi Supreme Court Decisions of October 3, 2024

The Mississippi Supreme Court handed down just four orders today. In the words of the old store clerk in Raising Arizona, “It’s self-contained and fairly explanatory.”

In Re: Rules Governing Admission to The Mississippi Bar, 89-R-99012-SCT (reappointing J. William Manuel, Michael C. McCabe, Jr., and Walter Alan Davis to three-year terms as members of the Mississippi Board of Bar Admissions)

Daly v. Raines, 2022-CT-00600-SCT (denying cert)

Jordan v. State, 2022-DR-01243-SCT (denying successor petition for post-conviction relief)

The City of Jackson v. Jones, 2023-IA-00394-SCT (denying rehearing)

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Mississippi Supreme Court Decisions of September 26, 2024

The Mississippi Supreme Court handed down three opinions today. There is a breach of contract case, a direct criminal appeal, and a utility rate case.

ACE American Insurance Company v. Hetsco, Inc., 2023-CA-00127-SCT (Civil – Contract)
Reversing summary judgment in a negligence action stemming from an explosion at a plant where the defendant argued that the suit was barred by a contract, holding that there was a genuine issue of material fact as to whether the person who signed the agreement had apparent authority to bind the former plant owner to the agreement and whether the former plant owner had ratified the agreement, and that the contractually shortened statute of limitations provisions was not enforceable.
(9-0)

Howard v. State, 2022-KA-00430-SCT (Criminal – Felony)
Affirming convictions of possession of cocaine with intent to sell and conspiracy to possess cocaine with intent to sell, holding that evidence was sufficient to support both convictions, that there was no Confrontation Clause violation when the trial court limited cross-examination, that acquittal on prior charges did not create a double jeopardy violation, that it was not plain error to allow testimony that a co-conspirator pleaded guilty, that there was no prosecutorial misconduct, that trial counsel was not ineffective for not seeking to remove a sleeping juror, that the verdict was not against the overwhelming weight of the evidence, and that no error mean that the cumulative-error doctrine did not apply.
(9-0)

Rankin County, Mississippi v. Mississippi Public Service Commission, 2022-UR-00803-SCT (Civil – Utility Rate)
Affirming the Commission’s order authorizing a rate increase for Entergy, holding that the County did not show that the Commission’s formula rate plan regulatory scheme resulted in unfair or unjust rates and that the Commission’s order was supported by substantial evidence and was not arbitrary or capricious.
(9-0)

Other Orders

  • White v. White, 2022-CT-00823-SCT (denying cert)
  • Tepikian v. The Mississippi Bar, 2024-BD-00588-SCT (granting leave to resign in good standing)

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Mississippi Supreme Court Decisions of September 19, 2024

The Mississippi Supreme Court handed down one opinion today. At least we can all get more work done this afternoon.

Wells v. State, 2023-KA-00670-SCT (Criminal – Felony)
Affirming convictions of shooting into an occupied dwelling and possession of a firearm by a felon and sentence as a nonviolent habitual offender, holding that the defendant’s stipulation that he was a convicted felon satisfied the State’s burden of proof of that element.
(9-0)

Other Orders

  • Allen v. State, 2022-CT-00419-SCT (granting cert)
  • Jordan v. State, 2022-CT-00874-SCT (denying cert)
  • Manning v. State, 2023-DR-01076-SCT (denying leave to proceed in the circuit court with claim of newly discovered evidence)
  • Kasai North American, Inc. v. Riverside Abstract, LLC, 2024-IA-00363-SCT (granting interloc)
  • Ten D Enterprises, Inc. v. Lagan, 2024-M-00653-SCT (denying interloc)
  • NCAA v. Rebel Rags, LLC, 2024-M-00752-SCT (denying interloc and request for stay)

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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)

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Hand Down Page – August 29, 2024

Hand Down Page – September 5, 2024

Hand Down Page – September 12, 2024

Mississippi Supreme Court Decisions of August 15, 2024

The Mississippi Supreme Court handed down four opinions today. There is one direct criminal appeal, one wrongful termination case, an adoption, and a pro se PCR win.

Bradford v. State, 2023-KA-00595-SCT (Criminal – Felony)
Affirming conviction of armed robbery, finding no error after reviewing counsel’s Lindsey brief and the record.
(9-0)

Public Service Commission of Yazoo City v. Wright, 2023-IA-00020-SCT (Civil – State Boards and Prisons)
Reversing the trial court’s denial of the PSC’s motion for summary judgment in a suit alleging wrongful termination in retaliation for refusing to participate in an illegal activity, holding on interlocutory appeal that the plaintiff failed to identify any act on the part of her supervisor that warranted the imposition of criminal penalties.
(9-0)

In the Matter of the Adoption of D.A.S., a Minor: B.B. v. K.P., 2023-CA-00381-SCT (Civil – Adoption)
Affirming denial of a petition to set aside an adoption based on alleged fraudulent misrepresentations that the adoption would be “open,” holding that the petition was untimely because it was filed more than six months after the entry of the adoption decree.
(9-0)

Practice Point – Though the petition to set aside the adoption was dismissed as untimely, it was interesting that an issue in the case was notary lines that were inconsistent with the body of the adoption petition. The petitioner was seeking to have the adoption set aside based on claims of fraudulent misrepresentations that the adoption would be “open.” The body of the initial and amended petitions for adoption did not reference an “open” adoption, but the notary lines read:


A good reminder to beware of those copy-paste portions of pleadings.

Love v. State, 2021-CT-01101-SCT (Civil – PCR)
Reversing the circuit court for dismissing the petitioner’s voluntariness claim without evidentiary hearing and the Court of Appeals for affirming that dismissal, holding that the circuit court committed plain error during the plea colloquy by incorrectly stating the minimum penalty on each count to which the petitioner was pleading, that the the petitioner was not properly informed he would be sentenced as a habitual offender resulting in a blatant injustice, that the State did not establish a factual basis to support the habitual offender portion of the indictment by failing to mention the prior felony convictions, and that issues related to the petitioner’s request to withdraw his plea and his ineffective assistance claim were procedurally barred.
(9-0)

Other Orders

  • Hills v. Manns, 2022-CT-00774-SCT (denying cert)
  • Boyett v. Cain, 2022-CT-00978-SCT (granting pro se cert petition)
  • Jones v. Mississippi Department of Child Protection Services, 2022-SA-01234-SCT (denying rehearing)

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