Tag: Mississippi Supreme Court

Mississippi Supreme Court Decisions of December 14, 2023

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)

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Mississippi Supreme Court Decisions of December 7, 2023

The Mississippi Supreme Court handed down one opinion on Thursday. It was a 5-4 split over whether the petitioner who was sentenced to mandatory life without parole as a minor before Miller had a statutory right to be resentenced by a jury.

Dampier v. State, 2021-CT-00280-SCT (Civil – PCR)
Affirming sentence of life without parole after the trial could conducted a hearing and considered the Miller factors, holding that there was no statutory right to be resentenced by a jury under section 99-19-101(1) under the facts of this case.
(5-4: Coleman dissented, joined by Kitchens, King, and Ishee)

NOTE – The majority provided some procedural clarification:

The dissent took issue with the fact that a jury had never weighed the applicable statutory aggravating and mitigating factors:

Other Orders

Manning v. State, 95-DP-00066-SCT (holding State’s motion to lift stay of execution, set execution date, and dismissing second successive PCR motion in abeyance until the Court rules on the petitioner’s motion for leave to file successive petition for PCR)

Galloway v. State, 2013-DR-01796 (denying motion to stay mandate pending cert; denying rehearing)

Parisie v. State, 2017-M-00685 (denying application for leave to proceed in the trial court pro se, finding the filing was frivolous, and waning that future frivolous filings could result in sanctions)

S.F. v. Lamar Cnty. Dept. of Child Protection Servs., 2021-CA-00466-SCT (denying rehearing)

Lewis v. State, 2021-CT-00472-SCT (denying cert)

Renfroe v. Parker, 2021-CT-01048-SCT (denying cert)

Herbert v. Herbert, 2021-CT-01291-SCT (dismissing cert petition)

Tran v. State, 2022-CT-00094-SCT (denying cert)

Wells v. State, 2022-CT-00157-SCT (denying cert)

Z.E.F. v. Lamar Cnty. Dept. of Child Protection Servs., 2022-CA-00695-SCT (denying rehearing)

Sanders v. Reeves, 2022-CT-01059-SCT (denying cert)

Madakasira v. Irby, 2023-M-00604-SCT (denying petition for interlocutory appeal)

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Mississippi Supreme Court Decisions of November 30, 2023

The Mississippi Supreme Court handed down three opinions today. There is a case addressing a county’s decisions regarding license and tax exception, an appeal of the denial of a petition for a certificate of rehabilitation to regain the right to possess firearms, and a direct criminal appeal that resulted in a 5-4 decision.

Stokes v. Jackson Sales & Storage Company, 2022-CA-00371-SCT (Civil -Other)
Affirming in part and reversing in part the circuit court’s rulings in a licensing and tax dispute, holding the company’s license is and has been valid since issuance, the license is subject to renewal, the County forfeited its right to taxes during the years it had granted an exemption, and the County had discretion to grant (or not grant) the exemption.
(9-0)

Francis v. State, 2022-CA-00964-SCT (Civil – Other)
Affirming the circuit court’s denial of a petition for a certificate of rehabilitation to restore the right to possess a firearm after felony conviction, holding that the denial of a certificate of rehabilitation is an appealable order, but that the circuit court did not abuse its discretion in denying the certificate and that no hearing was required.
(9-0)

Gunn v. State, 2022-KA-00807-SCT (Criminal – Felony)
Affirming conviction of first degree murder, attempted murder, aggravated assault, and shooting into a dwelling, holding that the trial court did not err by granting a jury instruction allowing an inference of deliberate design and that the verdict was not contrary to the weight of the evidence.
(5-4: Coleman dissented, joined by Kitchens, King, and Ishee)

Note – Here is what the majority said about the jury instruction at issue:

And here is the dissent’s conclusion:

Other Orders

Miller v. Board of Trustees of Second Baptist Church of Starkville, 2020-CT-01384-SCT (denying cert)

Kirk v. Newton, 2021-CT-00684-SCT (denying cert)

Durr v. State, 2021-CT-01109-SCT (granting cert)

Parker v. Canton Manor, 2022-CT-00206-SCT (denied cert)

Francis v. State, 2022-CA-00964-SCT (denying motion to dismiss appeal)

Wilson v. State, 2023-M-00633 (denying application for leave to file PCR motion, finding that the filing is frivolous, and warning that future frivolous filings may result in sanctions)

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Mississippi Supreme Court Decisions of November 16, 2023

The Mississippi Supreme Court handed down four opinions today. There is a lengthy personal jurisdiction case, a direct criminal appeal, a circuit vs. chancery jurisdiction dispute, and a death-penalty PCR decision.

K&C Logistics, LLC v. Old Dominion Freight Line, Inc., 2022-CA-00939-SCT (Civil – Other)
Affirming judgment of the circuit court finding no personal jurisdiction in a negligence case stemming from a car wreck in Arizona, holding that the Mississippi Business Corporation Act did not confer personal jurisdiction by virtue of the foreign corporation being registered to do business in Mississippi and that the defendant did not waive the personal jurisdiction defense when its attorneys entered appearances that did not expressly reserve the right to assert the personal jurisdiction defense.
(9-0)

Practice Point – This decision has a lengthy discussion of personal jurisdiction that is worth your time to read. On the waiver issue, the Court clarified persistent confusion over “special appearances” as follows:

Lollis v. State, 2022-KA-00711-SCT (Criminal – Felony)
Affirming conviction of murder and conspiracy to commit murder, holding that the evidence was sufficient to support the verdict on both counts.
(9-0)

Riverhills Capital Corporation v. At Home Care, Inc., 2022-IA-00568-SCT (Civil – Contract)
Affirming the circuit court’s denial of a motion to transfer a breach of contract, fraud, and quite title claim to chancery court, holding that the plaintiffs had sufficiently pleaded legal claims the circuit court did not err in denying the request to transfer to chancery court even if it is a “close call” and if the legal claims were ultimately found to be without merit.
(9-0)

Note – The Supreme Court said this about circuit court jurisdiction:

Bennett v. State, 2021-CA-01313-SCT (Civil – Death Penalty – PCR)
Affirming the denial of a PCR petition, holding that Cronic did not apply and there was no per se ineffective assistance, that the trial court’s refusal to allow the petitioner to depose two proffered witnesses did not affect the outcome of the trial, and that the petitioner failed to show ineffective assistance of counsel.
(9-0)

Other Orders

Smith v. State, 2021-CT-01003-SCT (granting cert)

Dawson v. Burgs, 2021-CT-01038-SCT (denying cert)

Baker v. State, 2021-CT-01277-SCT (denying cert)

McFarland v. State, 2021-CT-01311-SCT (denying cert)

Fagan v. Faulkner, 2022-CT-00130-SCT (granting cert)

The Mississippi Bar v. Hessler, 2023-BD-00057-SCT (granting emergency motion to clarify opinion to clarify that Hessler is authorized to continue practicing law in Mississippi while his one-year-and-a-day suspension remains in deferred status) *The “motion to clarify” is a handy item to keep in one’s tool belt. It was used here to get a result that had a significant impact on the movant.

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Mississippi Supreme Court Decisions of October 19, 2023

The Mississippi Supreme Court handed down three opinions on Thursday. There is an appeal of a life imprisonment sentence, an appeal of a sanction in a workers’ comp case, and an appeal of an order compelling arbitration in a construction contract dispute.

Harris v. State, 2022-KA-01113-SCT (Criminal – Felony)
Affirming resentencing to life for depraved heart murder, holding that the sentence to life imprisonment was not mandatory but within the trial court’s discretion under the sentencing guidelines.
(9-0)

Howard Industries, Inc. v. Hayes, 2021-CT-00694-SCT (Civil – Workers’ Comp)
Affirming sanction against the employer’s attorney, holding that there was substantial evidence to support the Commission’s award of sanctions related to the presentation of an expert report that was prepared based on representations the attorney made to the expert.
(5-4: Beam dissented, joined by Coleman, Maxwell, and Chamberlin)

McInnis Electric Company v. Brasfield & Gorrie, LLC, 2021-CA-01115-SCT (Civil – Contract)
Affirming order compelling arbitration in a breach of contract suit filed by a subcontractor against the prime contractor, holding that the parties entered into an arbitration agreement and that the subcontractor’s claims were within the arbitration agreement.
(6-2: Kitchens dissented, joined by King; Randolph did not participate)

NOTE – The underlying dispute between the subcontractor and prime contractor is intertwined with the arrival of COVID-19 in Mississippi. Kitchens’s dissent asserted that the ability to perform a contract during the pandemic was not within the contemplated scope of the arbitration agreement that did not contain a force majeure clause.

Other Orders

Williams v. Mississippi District Council for Assemblies of God, 2021-CA-01007-SCT (rehearing denied)

Everett v. State, 2021-CT-01415-SCT (denying cert)

In Re: Administrative Orders of the Supreme Court of Mississippi, 2023-AD-00001-SCT (directing the disbursement of $137,218.03 in civil legal assistance funds among the MS Center for Legal Services, MS Volunteer Lawyers Project, and North MS Rural Legal Services)

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Mississippi Supreme Court Decisions of October 12, 2023

The Mississippi Supreme Court handed down one opinion today. It is a civil statute-of-limitations case that split the Court 6-3 on whether a subrogation claim accrued on the date a fire started or the date it was extinguished and the cause could be assessed.

Western World Ins. Group v. KC Welding, LLC, 2022-CA-00527-SCT (Civil – Contract)
Affirming the circuit court’s decision granting a motion to dismiss a subrogation claim on statute of limitations grounds, holding that where a fire at an industrial woodchip manufacturer started on July 12 after welding was done to repair the door of a box containing woodchips, and was extinguished five to six hours later on July 13, the cause of action accrued on July 12 because the fire was not a latent injury .
(6-3: Kitchens dissented, joined by King and Griffis)

Other Orders

In Re: Rules Governing Admission to The Mississippi Bar, 89-R-99012-SCT (reappointing Anthony R. Simon, Kristopher A. Powell, and Joseph D. Neyman, Jr. to three-year terms (11/1/23 through 10/31/26) as members of the Mississippi Board of Bar Admissions)

In Re: Judicial Election Oversight Committee, 2021-M-01306-SCT (reappointing Hon. Edward E. Patten, Jr., Paul P. Blake, and Thomas A. Wicker as members of the Judicial Election Oversight Committee for new four-year terms)

Hope v. State, 2022-CT-00031-SCT (denying cert)

Arlington Properties, Inc. v. Rudd, 2023-M-00382-SCT (denying petition for interlocutory appeal)

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Mississippi Supreme Court Decisions of October 5, 2023

The Mississippi Supreme Court handed down two opinions today, but do not be deceived by that stat. One of the opinions is a 100+ page decision in a death-penalty PCR case. The other is an appeal of denial a motion to compel arbitration. There is also a linked attorney-discipline case.

Galloway v. State, 2013-DR-01796-SCT (Criminal – Death Penalty – Post Conviction)
Denying motion for leave to proceed in the trial court with PCR petition, holding that (1) the petitioner failed to overcome the presumption that what trial counsel did and did not present as mitigating evidence such as the petitioner’s “true-life story” and mental health issues during the penalty phase might be considered sound trial strategy instead of ineffective assistance; (2) there was no merit to the petitioner’s claim of ineffective assistance during jury selection where counsel used no Batson challenges and an all-white jury was seated or that counsel was otherwise ineffective in voir dire; (3) there was no merit to the petitioner’s claim of ineffective assistance during guilt-innocence phase for not investigating or challenging lack of investigating/challenging the medical examiner’s testimony, in limiting the review of Defense expert’s forensic expert or failing to consult with/prepare him, in failing to assert a Miss. R. Evid. 702 pretrial challenge to the medical examiner’s testimony, or failing to object to the medical examiner’s testimony as outside the scope of the disclosed testimony; (4) there was no merit to the claim that the State corrupted the truth-seeking function of the trial by suppressing material impeachment evidence or presenting false and misleading evidence; (5) the death verdict was not unconstitutionally coerced from a holdout juror; (6) a juror’s exposure to medical coverage showing the victim violated constitutional rights; (7) a juror’s false statement during voir dire that he had not previously served on a criminal jury did not give rise to an inference of prejudice; (8) the petitioner did not show that he was prejudiced when he was placed the defendant in an electronic restraint; (9) death by lethal injection would not violate the petitioner’s rights under the Eighth Amendment or Fourteenth Amendment; and (10) there was no aggregation of errors mandating a reversal.
(9-0)

PriorityOne Bank v. Folkes, 2022-CA-00429-SCT (Civil – Contract)
Affirming denial of motion to compel arbitration, holding that the bank waived the right to arbitration by substantially participating in the litigation and did not file a motion to compel arbitration until after an amended complaint was filed.
(7-2: Griffis dissented, joined by Beam)

PRACTICE POINT – The Supreme Court’s decision appears to hinge on the fact that the amended complained did not add a new cause of action (which was in dispute). This was enough to affirm the denial of the motion to compel arbitration, but the Supreme Court made it clear the plaintiff was bound by her representation that no new claim was asserted:

Other Orders

Jarvis v. State, 2021-M-01196 (denying application for leave to proceed in the trial court, finding the filing frivolous, and warning that future frivolous filings could result in sanctions)

The Mississippi Bar v. Hessler, 2023-BD-00057-SCT (suspending an attorney from the practice of law for one year and one day, with the suspension deferred retroactively to June 22, 2022)

Wakefield v. State, 2021-CT-00187-SCT (denying cert)

Buchanan v. Hope Federal Credit Union, 2021-CT-00218-SCT (denying cert)

In Re: Resignation of Emily Bonds Davey f/k/a Emily Sides Bonds From The Practice of Law in Mississippi, 2023-BD-00963 (granting leave under Rule 11(b) of the Rules of Discipline for the Mississippi State Bar to resign in good standing from the practice of law in Mississippi)

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Mississippi Supreme Court Decisions of September 21, 2023

The Mississippi Supreme Court handed down four opinions today. There is an estates case, a domestic relations case, and a direct criminal appeal. However, the main stage act is a decision on the constitutionality of HB 1020 (and part of that decision was unanimous).

In Re The Estate of Herbert Bernard Ivison, Jr.: Malouf & Malouf, PLLC v. The Estate of Herbert Bernard Ivison, Jr., 2022-CA-00837-SCT (Civil – Wills, Trusts & Estates)
Reversing the chancellor’s ruling that a law firm’s probated claim against a state was barred by statute, holding that the law firm had no reason to pursue further additional legal actions to secure payment of its claim after timely probating the claim.
(8-0: Griffis did not participate.)

West v. West, 2020-CA-01206-SCT consolidated with 2022-CA-00147, 2002-IA-01158, 2008-CA-01700, 2009-CA-01877, 2010-CA-00316 (Civil – Domestic Relations)
Reversed on direct appeal and cross appeal, holding that the chancellor erred in his priority-of-liens analysis and remanding for a determination of whether capital stock certificates conspicuously noted bylaws restrictions, holding that the chancellor erred in failing to address a retroactive child support claim, and holding that because one party engaged in claim-splitting the chancellor’s decision in the consolidated case was reversed with orders to dismiss the case and reinstate a 2008 judgment, writs of garnishment, and writs of execution.
(8-0: Beam did not participate.)

NOTE – This is a 44-page opinion with a lot going on. Be advised that my summary is even broader than usual.

Jenkins v. State, 2022-KA-00754-SCT (Criminal – Felony)
Affirming conviction of DUI (third offense), holding that the trial court did not err in granting a jury instruction that the State was not required to prove that alcohol impaired the defendant’s ability to drive or level of impairment and did not err in refusing the defendant’s instruction on the defendant’s theory of the case where most of the language of that instruction was incorporated into another instruction.
(5-1*-3: Maxwell specially concurred, joined by four justices from the majority: Coleman, Beam, Chamberlin, and Griffis; Kitchens dissented, joined by King.)

NOTE – Justice Maxwell’s concurrence garnered four other votes giving it precedential effect. That special concurrence held that “an instruction like S-8’s potential to confuse weight heavily against giving it in Section (1)(a) common law DUI cases.” The concurrence also noted that even if this instruction was given in error, it would have been harmless due to the overwhelming evidence of guilt.

Here is the text of the instruction at issue:

Saunders v. State, 2023-CA-00584-SCT (Civil – Unconstitutional Statute)
Affirming in part and reversing in part in the HB 1020 case, holding (1) the creation of the CCID inferior court is Section 4 of HB 1020 is constitutional but (2) Section 1’s creation of four “temporary special circuit judges” to be appointed by the Chief Justice to “almost-four-year-terms” violates the Mississippi Constitution’s requirement that circuit judges be elected.
(6-2: Kitchens dissented as to the constitutionality of CCID inferior court, joined by King; Kitchens and King concurred as to the unconstitutionality of appointing the temporary judges; Randolph did not participate)

NOTE – Here is the crux of the reasoning behind the unanimous holding that the appointment process in HB 1020 is unconstitutional:

Other Orders

Moore v. State, 2021-M-00111 (denying application for leave to proceed in the trial court, finding the filing frivolous, and warning that future frivolous filings may result in sanctions)

Hull v. State, 2022-CT-00088-SCT (denying cert)

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Mississippi Supreme Court Decisions of September 14, 2023

The Mississippi Supreme Court handed down one opinion today. The issue is a battle between COVID and the rules of appellate procedure. Read on to see who won…

Gilmer v. Biegel, 2022-CP-00528-SCT (Civil – Other)
Affirming order denying appellant’s motion for extension under Rule 4(g) of the Mississippi Rules of Appellate Procedure, holding the 30-day window for a motion under Rule 4(g) is “hard edged” so the trial court properly denied the motion for extension filed 50 days after the initial appeal deadline passed, and the court was without jurisdiction to suspend the rules and allow the appeal to proceed as if timely filed.
(9-0)

NOTE – The appellant argued that a severe bout of COVID and resulting “brain fog” was to blame. He argued that the notice of appeal should be accepted as timely filed, “especially in light of this Court’s COVID-19 emergency orders authorizing trial courts to exercise sound discretion in extending deadline.” But the court was not persuaded:

Other Orders

Fair v. State,  2023-M-00783 (denying application for leave to proceed in the trial court, finding it frivolous, and warning that future frivolous filings could result in sanctions)

West Jasper Consolidated School District v. Rogers, 2021-CT-00171-SCT (denying cert)

In the Matter of the Estate of Biddle, 2021-CP-00513-SCT (denying rehearing)

Maxwell v. Panola County, 2021-CT-01001-SCT (denying cert)

Barber v. State, 2022-KA-00291-SCT (denying rehearing)

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Mississippi Supreme Court Decisions of September 7, 2023

The Mississippi Supreme Court handed down two opinions today. One is a panic-inducing civil procedure case and the other is a direct criminal appeal.

Thomas v. Bolivar County, Mississippi, 2022-CA-00445-SCT (Civil – Other)
Reversing the trial court’s grant of judgment on the pleadings in an MTCA case where the complaint was delivered to the circuit clerk on the last day of the limitations period but it was not entered into MEC until the following day (after the deadline), holding (1) when the MTCA statute of limitations falls on a Sunday, Miss. Code Ann. § 1-3-67 authorizes an extension to the following Monday; (2) delivery of the complaint, civil cover sheet, and filing fee constituted “filing” the complaint; and (3) the delay in having a summons issued did not delay the commencement date of the action.
(9-0)

PRACTICE POINT – The underlying facts of this case are nightmare fuel for civil litigators. As if the background facts weren’t enough, this part the opinion also caught my attention:

McCollum v. State, 2021-KA-01276-SCT (Criminal – Felony)
Affirming conviction of grand larceny, holding that the investigator had presented sufficient probable cause to the magistrate to justify a search warrant, that there was no hearsay admitted that would warrant reversal, and there was no error in denying a mistrial based on the presence of witness during the testimony of a State’s witness because the trial court excused the witness who violated the sequestration rule.
(7-2: King dissented, joined by Kitchens)

Other Orders

Crump v. State, 2018-M-00410 (denying application to proceed in the trial court and restricting the petitioner from filing further applications for PCR in forma pauperis)

Garcia v. State, 2021-CA-01214-SCT (denying rehearing)

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