Tag: MTCA

Mississippi Court of Appeals Decisions of January 30, 2024

The Mississippi Court of Appeals handed down four opinions today and three of them are at least a partial reversal. The lone affirmance was in an MTCA wrongful-death case stemming from a drowning. A PCR decision was affirmed in part and reversed in part, a post-divorce property division decision was reversed, and a police officer’s conviction of culpable-negligence manslaughter was reversed.

Malone v. State, 2022-CA-00281-COA (Civil – PCR)
Affirming in part and remanding in part the circuit court’s ruling in a PCR matter, holding that the circuit court did not err in rejecting the newly discovered evidence claim but holding that the circuit court erred by not addressing the ineffective assistance of counsel claim with specific findings or conclusions related to that claim.
(9-1-0: Westbrooks concurred in result only without writing)

Stephens v. City of Gulfport, 2022-CA-01008-COA (Civil – Wrongful Death)
Affirming summary judgment in favor of the city on an MTCA case stemming from a drowning, holding that Mississippi law does not “impose a duty on governmental entities to protect or warn against alleged dangerous conditions on property adjacent to property owned or operated by that governmental entity and not caused by the governmental entity” and that, in any event, the MTCA’s open and obvious defense applied to the river and barred the claim.
(9-1-0: Westbrooks concurred in result only without separate written opinion)

Thompson v. Thompson, 2022-CA-01014-COA (Civil – Domestic Relations)
Reversing the chancellor’s property division ruling, holding that the judgment was a final, appealable order and that the chancellor erred in failing to conduct a proper Ferguson analysis.
(10-0)

Fox v. State, 2022-KA-00988-COA (Criminal – Felony)
Reversing conviction of a police officer for culpable-negligence manslaughter against, holding that “[b]ased on the credible evidence presented at trial, no evidence establishes that Fox acted in a grossly negligent manner or that the victim’s death from minor abrasions was reasonably foreseeable under the circumstances,” that the verdict was against the overwhelming weight of the evidence (though this holding was relegated to a footnote) and holding that the circuit court abused its discretion by failing to give an accident or misfortune jury instruction.
(5-1-4: Wilson concurred in part and in the result without writing; Emfinger dissented, joined by Westbrooks, McDonald, and McCarty)

Other Orders

None

Hand Down Page

Mississippi Court of Appeals Decisions of January 9, 2024

The Mississippi Court of Appeals handed down four opinions on Tuesday. Notably, not one of the decisions was a clean affirmance. There is a personal injury/MTCA decision, a riparian property damage case, a divorce decision, and an arbitration decision.

Mississippi Department of Rehabilitation Services v. Butler, 2022-CA-00176-COA (Civil – Personal Injury)
Affirming on direct appeal and reversing on cross-appeal in an MTCA car wreck case, holding that the circuit court did err after holding a bench trial and finding that the defendant-driver was in the course and scope of her employment and her negligence was the sole proximate cause of the accident, but holding that the circuit court erred in not awarding damages for the loss of a cell phone and repair of a wedding band and that the circuit court erred in denying the plaintiffs’ motion for additur on the loss-of-consortium claim.
(9-0: Emfinger did not participate)

Hegman v. Adcock, 2022-CA-00501-COA (Civil – Property Damage)
Affirming in part and reversing in part the circuit court’s judgment affirming the county court in a riparian rights case, holding that the circuit court did not err in affirming the denial of the plaintiff’s claim for injunctive relief and damages and the denial of the defendant’s Rule 52 motion, but reversing the circuit court’s decision affirming the court court’s finding the plaintiff liable on a tortious interference with business relations counterclaim and the $95,000 award on that counterclaim.
(8-2-0: Wilson and Emfinger concurred in part and in the result without writing)

Bolivar v. Bolivar, 2022-CA-00640-COA (Civil – Domestic Relations)
Vacating the chancery court’s judgment on a motion for contempt in “highly contentious divorce proceedings,” holding that the movant was required to have a new Rule 81 summons for her fourth contempt motion “regardless of the status of the litigation.”
(10-0)

Coleman v. Stan King Chevrolet, Inc., 2022-CA-00943-COA (Civil – Contract)
Reversing the circuit court’s dismissal of a motion to compel arbitration on the basis that the statute of limitations had run on the underlying claims, holding that where the defendants initially sought to compel arbitration but later obtained a default judgment on their counterclaim in the circuit court, the defendants’ rejection of the plaintiff’s attempt to proceed with arbitration justified relief under Rule 60(b)(6), holding that the circuit court erred in addressing the statute of limitations issue, and remanded for the matter to be restored to the active docket and stayed pending conclusion of arbitration proceedings.
(5-3-2: Lawrence and Smith concurred in part and in the result without writing; McCarty concurred in result only without writing; Greenlee dissented, joined by Enfinger)

NOTE – The proceedings in the circuit court were convoluted. It necessary to read the opinion to get a handle on what took place and the Court’s ruling.

Other Orders

Roberson v. State, 2021-CA-01182-COA (denying rehearing)

Carpenter v. State, 2022-KA-00398-COA (denying rehearing)

Davis v. State, 2022-KA-00573-COA (denying rehearing)

Boyington v. State, 2022-KA-00601-COA (denying rehearing)

Pickle v. State, 2022-CP-00929-COA (denying rehearing)

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Mississippi Court of Appeals Decisions of September 19, 2023

The Mississippi Court of Appeals handed down four opinions today. There are two direct criminal appeals (including a reversal on sufficiency-of-the-evidence grounds), an appeal of summary judgment in an MTCA negligence claim, and claim by a constable for wrongful removal.

Love v. State, 2021-KA-01014-COA (Criminal – Felony)
Affirming in part and reversing in part after the defendant was convicted of capital murder, aggravated assault, and armed robbery x3, holding that the trial court did not err in denying motion to sever, in denying motion for mistrial after brief exposure of wrist restraints to the jury venire, or in refusing a Milano instruction; that the indictment for capital murder was legally sufficient and the jury instruction on that count not erroneous; and that the defendant was not placed in double jeopardy, but that the evidence was not legally sufficient to support the armed robbery conviction.
(10-0)

J&A Excavation, Inc. v. City of Ellisville, 2022-CA-00533-COA (Civil – Other) consolidated with J&A Excavation, Inc. v. Jones County, 2022-CA-00547-COA (Civil – Other)
Reversing the circuit court’s decision that affirmed the Board of Aldermen and Board of Supervisors, holding that the decisions were not supported by substantial evidence and were arbitrary and capricious where the plaintiff’s low bid on a public construction contract was rejected and the next-lowest bid was accepted with no record evidence regarding qualifications, reputation, or capabilities of the bidder selected.
(10-0)

Bailey v. Jefferson County Board of Supervisors, 2022-CP-00950-COA (Civil – Other)
Reversing the circuit court’s decision affirming the Board of Supervisors’ decision to removal a constable, holding that there was not substantial evidence to support the removal, rendering judgment in favor of the constable, and remanding for a determination of damages.
(8-1: Emfinger dissented without separate written opinion.)

Moore v. Jackson Public School System, 2022-CA-00595-COA (Civil – Personal Injury)
Reversing summary judgment dismissing a negligence claim under the MTCA, holding that the circuit court erred by granting summary judgment on other grounds where the actual motion was based only on “broad legal arguments” that did not challenge the sufficiency of the plaintiff’s evidence.
(6-3: Carlton dissented, joined by Greenlee, Westbrooks, and McDonald)

Others Orders

Carroll v. State, 2021-CP-00959-COA (denying rehearing)

Ehrhardt v. State, 2021-KA-01143-COA (denying rehearing)

Jordan v. State, 2021-KA-01421-COA (denying rehearing)

In the Matter of the Estate of Roosa v. Roosa, 2022-CA-00128-COA (denying rehearing)

Rhodes v. RL Stratton Properties LLC, 2022-CA-00338-COA (denying rehearing)

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Mississippi Supreme Court Decisions of August 3, 2023

The Mississippi Supreme Court handed down one opinion today but it is not an insignificant day. The opinion is in an MTCA reckless disregard case stemming from a police officer who crashed into a bystander vehicle while crossing an intersection en route to another accident scene. The trial court found for the City after a bench trial, the Court of Appeals reversed, and the Supreme Court granted cert.

Phillips v. City of Oxford, 2021-CT-00639-SCT (Civil – Personal Injury/MTCA)
Reversing the COA and reinstating/affirming the circuit court’s judgment for the City, holding that the record contained sufficient evidence to support the trial court’s decision that the officer did not act in reckless disregard while responding to a rollover wreck when he struck a bystander vehicle while crossing an intersection and exceeding the speed limit but also where he had his lights and sirens on and, when approaching intersections, he slowed his speed and used his horn as an additional warning.
(6-2: Kitchens dissented, joined by King. Maxwell did not participate.)

NOTE – This opinion emphasized the “deferential standard of review” for a bench trial under the MTCA and the fact that “reckless disregard” is an “extremely high bar” that is a higher standard than gross negligence.

Other Orders

In Re: Commission on Mandatory Continuing Legal Education, 89-R-99011-SCT (Reappointing George Scott Luter, Richard W. Sliman, and John Dickson Mayo to three-year terms (Aug. 1, 2023, through July 31, 2026) as members of the Commission on Mandatory Continuing Legal Education)

Colburn v. State, 2021-CT-00865 (denying cert)

In Re: Administrative Orders of the Supreme Court of Mississippi, 2023-AD-000001-SCT (Directing the disbursement of $179,389.36 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 July 6, 2023 (catch-up post)

On Thursday, July 6, the Mississippi Supreme Court handed down three opinions. Two are direct criminal appeals and one is an civil appeal addressing the statutes of limitations for MTCA claims and state constitutional claims.

Stewart v. State, 2022-KA-00479-SCT (Criminal – Felony)
Affirming conviction of possession of meth, holding that the defendant waived his Fourth Amendment and Miranda rights arguments by not raising them at trial court, and then waived plain error arguments on appeal by not raising them until the reply brief after the State asserted waiver, and further that the “sparse record” did not show plain error.
(9-0)

Moton v. Clarksdale, 2022-CA-00216-SCT (Civil – Torts)
Denying rehearing but withdrawing the original opinions and substituting another holding that the trial court correctly found that a city commissioner’s tort law claims stemming from his arrest were barred by the MTCA’s statute of limitations and that the claims arising under the Mississippi Constitution were barred by the general statute of limitations.
(9-0)

Mitchell v. State, 2021-KA-00589-SCT (Criminal – Felony)
Affirming conviction of second-degree murder, holding that there was insufficient evidence in the record to find that a due process violation occurred when the trial court denied the defendant’s request for the production of an autopsy report and then denied a request to conduct an autopsy.
(9-0)

Other Orders

Barber v. State, 2022-KA-00291-SCT (per curiam affimance)

Lofton v. Lofton, 2021-CT-00035-SCT (denying cert)

Clark v. Vicksburg Healthcare, LLC, 2021-CT-00173-SCT (denying motion to strike cert petition, granting motion to suspend the rules, accepting the filing of a cert petition, and denying cert)

Griffin v. State, 2023-M-00262 (denying mandamus)

Carr v. State, 2023-DR-00503-SCT (remanding PCR issues to circuit court)

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Mississippi Supreme Court Decisions of April 6, 2023

I am circling back to pick up the rest of the hand downs that I missed last week. The Mississippi Supreme Court handed down six opinions last Thursday with a couple of reversals. There were two skirmishes in med mal cases, one involved an arbitration agreement and the other the substitution of the administrator of an estate. There is a UM case about the right to UM benefits after cutting off the carrier’s subrogation rights. There is also a sixteenth section land case and what should have been an MTCA case. The Supreme Court also denied a petition for reinstatement to the practice of law.

Mississippi Farm Bureau Cas. Ins. Co. v. Peteet, 2021-IA-01420-SCT (Civil – Insurance)
Reversing the denial of a motion to dismiss by a UM carrier, holding that the insured’s execution of a settlement agreement with the at-fault driver unlawfully cut off the UM carrier’s right of subrogation and the UM carrier therefore had no duty to pay the UM claim.
(9-0)

Sill v. State, 2021-KA-00317-SCT (Criminal – Felony)
Affirming conviction of possession of meth, holding that the trial court did not err in denying the defendant’s motion to suppress evidence found in his car because the defendant did not prove that he had a legitimate expectation of privacy in a stolen vehicle, that the State met its burden to prove construction possession, and that the jury could reasonable infer that the untested substance was of the same substance as what was tested.
(9-0)

Belhaven Senior Care, LLC v. Smith, 2022-CA-00050-SCT (Civil – Contract)
Affirming denial of a motion to compel arbitration, holding that the facility failed to prove that the signatory of the arbitration agreement was the resident’s healthcare surrogate, that the plaintiff was not barred by direct-benefit estoppel from contesting the validity of the arbitration agreement, and that the decdent was not a third-party beneficiary of the agreement.
(9-0)

North Bolivar Consolidated Sch. Dist. v. Jones, 2021-IA-01235-SCT (Civil – Real Property)
Reversing the denial of the school district’s motion for summary judgment, holding that the school district’s past acceptance of late rent payments for sixteenth section land were not authorized and could not form the basis of estoppel that would prevent the school district from assessing statutory late-payment penalties.
(9-0)

Morton v. City of Clarksdale, 2022-CA-00216-SCT (Civil – Torts)
Affirming the dismissal of claims that an arrest violated constitutional rights, holding that most of the plaintiff’s claims fell under the MTCA and were barred by the MTCA’s one-year statute of limitations, that the constitutional claims were barred by the three-year statute of limitations, and that the malicious prosecution claim was barred by the one-year statute of limitations for such claims.
(9-0)

Otuseso v. Estate of Mason, 2021-IA-01099-SCT (Civil – Wills, Trusts and Estates)
Affirming the chancellor’s decision removing the administratrix of an estate who had filed a wrongful death suit against a doctor on behalf of the estate and substituting two heirs-at-law as coadminstrators, holding that the doctor’s motion to intervene in the chancery court proceedings was moot since the chancellor had properly removed the unqualified administrator and appointed successor administrators.
(9-0)

Other Orders

Stewart v. The Mississippi Bar, 2022-BR-00382-SCT (denying fourth petition for reinstatement to the practice of law)

Virden v. Campbell Delong, LLC, 2021-CT-00478-SCT (granting cert)
I put this on the “cert watch” list when the COA opinion was handed down. It is a lawyer fight over money with a 5-5 COA decision that left the trial court’s ruling in place. (My summary of the COA decision is here.)

Hand Down List

Mississippi Court of Appeals Decisions of March 21, 2023

The Mississippi Court of Appeals handed down four opinions on Tuesday. It was an eclectic mix, including a workers’ comp case, a dysfunctional two-member LLC , a wrongful death case against a sheriff’s deputy, and an inmate’s request for removal of a rule violation report.

Holloway v. King, 2021-CP-01351-COA (Civil – State Boards and Agencies)
Affirming the circuit court’s decision that affirmed the denial of an inmate’s request for the removal of a rule violation report, holding that the circuit court did not have jurisdiction because the petitioner did not comply with the notice requirements of UCRCCC 5.04.
(6-4: McCarty dissented, joined by Westbrooks, McDonald, and Lawrence.)

Myrick v. UMMC, 2021-WC-01401-COA (Civil – Workers’ Comp)
Affirming MWCC order, holding that there was substantial, credible evidence to support the Commission’s finding that the Employer/Carrier overcame the presumption of permanent total disability and that the claimant’s post-injury back surgery was not related to her compensable back injury.
(7-3-0: Westbrooks, McDonald, and McCarty concurred in part and in the result without separate written opinion.)

Colson v. Warren, 2021-CA-01408-COA (Civil – Other)
Affirming on direct and cross appeal the chancery court’s decisions denying a claim to dissolve a two-member LLC, holding that the two members should cooperate in drafting and implementing an operating agreement and opening a bank account to deposit rental revenue checks payable to the LLC that had been piling up.
(9-1-0: Wilson concurred in part and in the result without separate written opinion.)

Renfroe v. Parker, 2021-CA-01048-COA (Civil – Wrongful Death)
Affirming summary judgment in favor of the law-enforcement defendants in a wrongful death suit after a suspect was killed by a deputy, holding:
1. Res judicata did not bar the plaintiff’s state law tort claims after the federal district court dismissed her 1983 claims with prejudice and her state law claims without prejudice.
2. The deputy and the sheriff were entitled to immunity on the official-capacity claims
3. Collateral estoppel barred the claims for IIED, assault, and battery because the federal district court found that the deputy’s use of force was “objectively reasonable.”
4. Even if collateral did not bar the IIED, assault, and battery claims, the plaintiff did not come forward with evidence to defeat summary judgment.
(7-2: McDonald concurred in part and dissented in part, joined by Westbrooks. Judge Emfinger did not participate.)

NOTE – According to testimony, the deputy shot the suspect after the suspect charged at the deputy, withstood a taser (pulling the electrodes out of his chest), had a physical altercation with the deputy, and then charged at the deputy a second time. The fact that the suspect did this while wearing pajama pants did not sway the courts at any level.

Other Orders

Green v. State, 2021-KA-01019-COA (rehearing denied)

Hand Down List

Mississippi Supreme Court Decisions of March 2, 2023

The Mississippi Supreme Court handed down one decision yesterday but also granted cert in an interesting MTCA case involving police-protection immunity that split the Court of Appeals.

State v. RW Development, LLC, 2021-CA-01134-SCT (Civil – Real Property)
Affirming the chancery court’s judgment denying the City’s request for declaratory judgment declaring that it had the sole and exclusive authority to lease Public Trust Tidelands, holding that Mississippi statutory law grants the City the authority to lease the property to a developer for public use and to build a pier without “obtaining a redundant second grant of authority from the Secretary of State in the form of a lease.”
(6-3: King dissented, joined by Kitchens and Griffis.)

Other Orders

Curry v. State, 2018-M-01543 (granting application to file successive motion for PCR)

Towns v. Panola County Bd. of Supervisors, 2020-CT-01364-SCT (denying cert)

Wilson v. Lexington Manor Senior Care, LLC, 2021-CT-00072-SCT (denying cert)

Edwards v. State, 2021-CT-00261-SCT (denying cert)

Phillips v. City of Oxford, 2021-CT-00639-SCT (granting cert)

NOTE – This is an interesting cert grant in a police-protection immunity case that split the Court of Appeals 5-4 with the majority reversing the judgment in favor of the City. Here is my summary of the COA decision:

Phillips v. City of Oxford, 2021-CA-00639-COA (Civil – Personal Injury/MTCA)
Reversing the circuit court’s finding after a bench trial that the City was protected by police-protection immunity after an officer’s vehicle crossed an intersection against a red light and struck the plaintiff’s vehicle while the officer was responding to an emergency, holding that the facts of this case met the “exceptional circumstances” requirement for finding reckless disregard and that the officer acted with conscious indifference to the safety of the public and the certain parts of the police chief’s testimony were not credible.
( 5-4: Judge Lawrence dissented, joined by Judge Wilson, Judge Smith, and Judge Emfinger; Judge Greenlee did not participate.)

NOTE– The Court of Appeals declined the appellant’s invitation to adopt a “reckless disregard per se” rule and maintained the totality-of-the-circumstances analysis.

Jones v. State, 2021-CT-01088-SCT (denying cert)

Hand Down List

Mississippi Court of Appeals Decisions of February 21, 2023

The Mississippi Court of Appeals handed down seven opinions yesterday and I have just now been able to sit down and make it through them. These opinions include a wrongful-death MTCA claim, a complaint for public records, two wills and estates cases, and some PCR thrown in the mix.

Humphrey v. Steve Holts, 2021-CA-00046-COA (Civil – Other)
Reversing the chancery court’s order dismissing a complaint for public records and quashing subpoenas, holding that the chancellor erred in dismissing the complaint without an evidentiary hearing to examine the records at issue and remanding for an evidentiary hearing.
(9-1-0: Smith concurred in part and in the result without separate written opinion.)

Baker v. State, 2021-CP-01277-COA (Civil – PCR)
Affirming summary denial of a verified motion for PCR, holding that the trial court did not err in finding that the indictment properly charged the plaintiff with burglary of a dwelling.
(9-1-0: Westbrooks concurred in result only without separate written opinion.)

Avery v. Estate of Eric Lane Avery, 2022-CP-00163-COA (Civil – Wills, Trusts & Estates)
Affirming the chancery court’s order closing the estate, holding that the chancery court did not err in closing the estate without proceeding on a request to amend the death certificate and that there was no evidence that the daughter/beneficiary willfully, knowingly, or intentionally killed her father.
(10-0)

Buchanan v. Hope Federal Credit Union, 2021-CA-00218-COA (Civil – Other)
Affirming the circuit court’s order denying a motion to transfer venue in an action to confirm an arbitration award, holding that the failure to tender required payment at the designated address was a “substantial omission” that made the county where the payment was to be made a permissible venue.
(6-2-1: McCarty concurred in part and in the result without separate written opinion; Westbrooks concurred in result only without separate written opinion; McDonald concurred in part and dissented in part; Emfinger did not participate.)

Maxwell v. Panola County, Mississippi, 2021-CA-01001-COA (Civil – Wrongful Death)
Affirming a defense verdict in an MTCA lawsuit stemming from a double-fatality car crash with a sheriff’s deputy, holding that whether the deputy acted with reckless disregard when he ran a stop sign immediately before the collision was a question of fact and substantial evidence supported the trial court’s finding that it was not more than simple negligence.
(9-1-0: McDonald concurred in result only without separate written opinion.)

Buchanan v. State, 2021-CP-01069-COA (Civil – PCR)
Affirming motion for PCR challenging the revocation of post-release supervision, holding that the circuit court did not err in ruling that the plaintiff’s due process rights were not violated and that the plaintiff’s laches argument was both waived and meritless.
(10-0)

Estate of Charles James Bell v. Estate of Sarah Dell Mann Bell, 2021-CA-00789-COA (Civil – Wills, Trusts & Estates)
Affirming the chancery court’s enforcement of an antenuptial agreement, holding that the chancery court did not err in determining that the antenuptial agreement was not a testamentary document that the wife revoked by a subsequent will, was supported by consideration, and was not substantively unconscionable, and that the husband waived his statutory right to renounce the wife’s will.
(6-1-3: Wilson concurred in part and in the result without separate written opinion; McDonald dissented, joined by Barnes and Westbrooks.)

Other Orders

Arrington v. Anderson, 2021-CA-00233-COA (denying rehearing)

Belmer v. State, 2021-CP-00410-COA (denying rehearing)

Jarvis v. State, 2021-CP-00930-COA (denying rehearing)

Hand Down List

Mississippi Supreme Court Decisions of February 2, 2023

The Mississippi Supreme Court handed down two opinions today. One is a consolidated appeal resolving a “circuit split” where two state circuit courts reached opposite conclusions on the same legal issue involving UM coverage for accidents caused by MTCA-immune tortfeasors. (Come for the holding, stay for the strong words about the Fifth Circuit’s earlier Erie-guess on this issue.) The other opinion involves the rights of a successor in title to a reciprocal easement.

Lee v. State Farm Mutual Automobile Insurance Company, 2021-CA-00882-SCT consolidated with State Farm Mutual Automobile Insurance Company v. Cooper, 2021-IA-01006-SCT (Civil – Contract)
Resolving a “circuit split” by holding that under the UM statutes (as amended in 2009) the UM carrier was required to provide UM coverage to plaintiffs for damages sustained in collisions with entities afforded immunity under MTCA, reversing summary judgment in one case and affirming the denial of summary judgment in the other case.
(7-0: Chief Justice Randolph and Justice Beam did not participate.)

Practice Point – The Supreme Court specifically addressed the limited precedential value of this decisions:

Note – The Supreme Court would like us to remember that the Fifth Circuit’s Erie-guesses are not binding precedent in Mississippi. McGlothin is a Fifth Circuit opinion from 2019 that the Mississippi Supreme Court did not exactly agree with:

So what does the Mississippi Supreme Court do?

You can read that approach (that involves the doctrine of in pari materia) in the opinion.

TransMontaigne Operating Company, L.P. v. Loresco I, LLC, 2021-CA-00980-SCT (Civil – Real Property)
Affirming the chancellor’s denial of the plaintiff’s request for declaratory and injunctive relief, holding that the express language of a reciprocal easement was specific and clear and allowed the successor in title to the easement to full use of the easement per its terms and did not limit the successor to the scope of actual use by the predecessor in title.
(7-2: Justice Griffis dissented, joined by Justice King.)

Other Orders

In Re: The Rules of Civil Procedure, 89-R-99001-SCT (granting motion to amend Miss. R. Civ. P. 45 – *An order amending Rule 45 was also on the hand down list last week. The link to the order on the hand down page last week is no longer active, but you can see a copy of the PDF that was handed down last week on my post from last week. I quickly compared the two and didn’t immediately see any differences except the date that the amendment will go into effect based on the date the orders were entered.)

In Re: Advisory Committee on Rules, 89-R-99016-SCT (appointing County Judge Carol Jones Russell of Forrest Countyas a member of the Supreme Court of Mississippi Advisory Committee on Rules on the nomination by the Mississippi Conference of County Court Judges)

Fannings v. State, 2015-M-01061 (denying petition for application for leave to proceed in the trial court, finding the petition frivolous, and warning against further frivolous filings)

Cook v. State, 2017-M-00455 (denying motion for PCR, finding the filing frivolous, and restricting the plaintiff from further filings in forma pauperis)

Moffett v. State, 2021-CT-00622-SCT (denying cert)

Billie v. State, 2022-M-00416 (denying petition for application for leave to proceed in the trial court, finding the petition frivolous, and warning against further frivolous filings)

Hand Down List