Tag: MTCA

Mississippi Supreme Court Decisions of August 8, 2024

The Mississippi Supreme Court handed down two opinions today. One is a direct criminal appeal addressing, among other things, an indecent technical difficulty during a witness examination via Zoom. The other is a decidedly less salacious civil case applying the MTCA’s presuit notice requirement.

Williams v. State, 2022-KA-01017-SCT (Criminal – Felony)
Affirming conviction of first-degree murder, holding that the conviction was not against the overwhelming weight of the evidence and that the trial court did not err by denying motions for mistrial after an outburst from the victim’s mother or after an technological error caused an explicit video to be played in the courtroom during a voir dire qualification examination of an expert via Zoom where the trial court took corrective action after each incident.
(9-0)

Note – Zoom proceedings took a massive “L” in this one.

The City of Jackson v. Jones, 2023-IA-00394-SCT (Civil – Personal Injury)
Reversing the denial of the City’s motion for summary judgment in an MTCA claim, holding that the plaintiff did not comply with section 11-46-11(2) by failing to serve the city clerk with presuit notice.
(8-0)

Other Orders

  • In Re: Uniform Chancery Court Rules, 89-R-99006-SCT (dismissing Motion to Amend the Uniform Rules of Chancery Court Practice to Add a New Rule Requiring Attorneys Representing Out-of-State Petitioners in Adoption Proceedings to Certify Compliance With Statutes Enacted to Prevent Commercialization of Adoptions filed by the Mississippi Department of Child Protection Services)
  • Brandi’s Hope Community Services, LLC v. Walters, 2022-CT-00188-SCT (denying rehearing)
  • Moore v. State, 2022-CT-00327-SCT (denying cert)
  • Silver Dollar Sales, Inc. v. Battah, 2022-CT-00476-SCVT (denying cert)
  • Harris v. Ratcliff, 2022-CT-00596-SCT (denying cert)
  • Edwards v. State, 2022-CT-00719-SCT (denying extension request and dismissing cert petition as untimely)
  • Clark v. State, 2022-DR-00829-SCT (denying Motion for Leave to Interview Members of the Venire Who Did Not Serve on the Petit Jury)
  • Frazier v. State, 2022-CT-00896-SCT (dismissing cert petition as untimely)
  • EEECHO Inc. v. Mississippi Environmental Quality Permit Board, 2022-CT-01068-SCT (denying cert)
  • Harvey v. State, 2023-CT-00157-SCT (denying cert)
  • Clark v. State,  2024-M-00201-SCT (denying Petition for Permission to Appeal Circuit Court’s Order Denying Petitioner’s Motion for Discovery)

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Mississippi Court of Appeals Decisions of June 4, 2024

The Mississippi Court of Appeals handed down eight opinions today. There is a paternity/child support case, a custody/termination of parental rights case, an MTCA personal injury case, a contract case, a slip-and-fall summary judgment, and three direct criminal appeals.

Myles v. Lewis, 2022-CA-01192-COA (Civil – Domestic Relations)
Affirming in part and reversing in part the chancellor’s rulings in a paternity action, holding that the chancellor erred in computing monthly child support by failing to account for the father’s significant income increase and personal withdrawals, inaccuracies in his financial statement, and admitted commingling of personal and business expenses; holding that the chancellor did not err in not requiring the father to pay half of the child’s private school tuition, insurance premiums, and extracurricular fees; and holding that no party was entitled attorney’s fees.
(9-1-0: Wilson concurred in part and in result without writing)

Lemay v. City of Biloxi, 2023-CA-00469-COA (Civil – Personal Injury)
Affirming summary judgment in favor of the City in an MTCA case stemming from a collision with a police officer, holding that although the trial court incorrectly ruled that the plaintiff was precluded from recovery because she was allegedly speeding, the summary judgment should affirmed because the undisputed evidence showed the officer was engaged in police protection activity and that he did not act with reckless disregard.
(7-2-0: Carlton and Wilson concurred in part and in the result without writing; Lawrence did not participate)

Hattie T. v. Matthew R., 2022-CP-00926-COA (Civil – Custody)
Affirming the chancery court’s final judgment terminating parental rights, holding that the chancellor did not err in denying the mother’s motion to dismiss and that the chancellor’s decision terminating parental rights was supported by clear and convincing evidence and was in the best interests of the children.
(10-0)

Collins v. State, 2022-KA-01184-COA (Criminal – Felony)
Affirming convictions of kidnapping, armed robbery, armed carjacking, aggravated assault, conspiracy to commit kidnapping, and conspiracy to commit armed robbery, holding that the circuit court did not abuse its discretion in admitting evidence of other acts and crimes coupled with a limiting instruction, in excluding evidence of the defendant’s assault in prison by two witnesses, or in refusing the defendant’s instructions on lesser included instruction.
(7-2-0: McCarty concurred in part and in the result without writing; Westbrooks and McDonald concurred in result only without writing)

Terry v. State, 2022-KA-01194-COA, consolidated with Thomas v. State, 2022-KA-01278-COA (Criminal – Felony)
Affirming convictions of two defendants (Terry and Thomas) for first-degree murder and drive-by shooting, holding that though the trial court abused its discretion in admitting surveillance video the error was harmless, that Terry’s conviction was not against the overwhelming weight of the evidence, that the trial court did not abuse its discretion in admitting text messages because they were not hearsay.
(10-0)

Designer Custom Homes, LLC v. U.S. Coating Specialties & Supplies, LLC, 2023-CA-00207-COA (Civil – Contract)
Reversing the circuit court’s reversal of the county court’s order granting summary judgment in favor of the plaintiff in a breach of contract case, holding that the circuit court erred by reversing on an issue and argument that were not raised in the county court or briefed on appeal and erred by finding that there was evidence in the record that presented a genuine issue of material fact.
(10-0)

Practice Point – Don’t rehash your trial court pleadings on appeal:

If the appeal process is daunting or simply pulling you away from other work you would rather do, your friendly neighborhood appellate attorney would love to visit with you about it.

Anderson v. SW Gaming LLC, 2023-CA-00345-COA (Civil – Personal Injury)
Affirming summary judgment for the defendant in a slip-and-fall case, holding that there was no evidence that the defendant caused water on the floor in the bathroom or that the defendant had either actual or constructive knowledge that there was water on the floor.
(10-0)

Harrera v. State, 2022-KA-01167-COA (Criminal – Felony)
Affirming conviction of one count of kidnapping, holding that the conviction was supported by sufficient evidence, that the kidnapping instruction did not constructively amend the indictment (an issue that was procedurally barred and without merit), and that the trial court did not err by giving the State’s accomplice liability instruction.
(9-1-0: Westbrooks concurred in result only without writing)

Other Orders

  • Allen v. State, 2022-KA-00419-COA (denying rehearing)
  • Minor v. State, 2022-KA-00990-COA (denying rehearing)

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Mississippi Supreme Court Decisions of May 30, 2024

The Mississippi Supreme Court handed down five opinions today. There is an MTCA case, a premises liability case, an unpaid wages case against MDOC, an insurance coverage case, and a workers’ comp/third-party case.

Yazoo City, Mississippi v. Hampton, 2022-IA-01284-SCT (Civil – Property Damage)
Reversing denial of summary judgment in a case seeking to hold the City liable for alleged ineffective firefighting and alleged resulting cardiac stress, holding that the City was immune under the MTCA from both property damage and personal injury liability where the evidence did not support a finding of reckless disregard by the fire department.
(9-0)

St. Dominic-Jackson Memorial Hospital v. Martin, 2023-CA-00285-SCT (Civil – Personal Injury)
Reversing judgment on a jury verdict in case stemming from a fall in an emergency room parking lot, holding that the evidence did not require judgment in the defendant’s favor but that the trial court erred by granting a negligence per se instruction and remanded for a new trial.
(9-0)

Mississippi Department of Corrections v. McClure, 2022-IA-01201-SCT (Civil – State Boards and Agencies)
Affirming the circuit court’s denial of a motion to dismiss for lack of jurisdiction over a former probation officer’s claim for unpaid wages for work with the MDOC, holding that Mississippi courts have jurisdiction to hear state employees’ claims against their employers for breach of contract and that the exhaustion doctrine did not apply because there was not adequate administrative remedy.
(9-0)

VT Halter Marine, Inc. v. Certain Underwriters of Lloyd’s of London Subscribing to Policy Number B0507M17PH04660, 2023-CA-00019-SCT (Civil – Insurance)
Affirming summary judgment in favor of an insurer in a suit by an insured seeking coverage for costs incurred in repairing and replacing flange plates that failed due to faulty workmanship, holding the insurance policy unambiguously excluded the cost of replacing or repairing improper or defective materials.
(9-0)

Brent v. Mississippi Dept. of Human Services, 2022-CT-00529-SCT (Civil – Workers’ Compensation)
Reversing the decision of the Mississippi Court of Appeals that affirmed trial court’s decision allowing the intervening employer/carrier’s EME costs be included in the statutory lien, holding that the EME was not a “reasonable and necessary medical expense” and therefore not properly included in the lien amount.
(9-0)

Other Orders

  • DeJohnette v. State, 2022-CA-00249-SCT (denying cert)
  • Chambliss v. Chambliss, 2023-CT-00087-SCT (denying cert)

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Mississippi Court of Appeals Decisions of April 30, 2024

The Mississippi Court of Appeals handed down six opinions on Tuesday. I had court in Union County that took me out of the office most of the day Tuesday. I then spent Wednesday making up for being out of the office on Tuesday, as one does. (Obligatory courthouse picture, infra.)

Taylor v. Johnson, 2022-CA-00734-COA (Civil – Personal Injury)
Affirming grant of summary judgment in a car wreck negligence case, holding that there was no competent summary judgment evidence that the defendant proximately caused the collision, and then affirming summary judgment on the direct-negligence and punitive damages claims as moot.
(8-1-1: McDonald concurred in result only without writing; Westbrooks dissented without writing)

Whiddon v. State, 2022-KA-00616-COA (Criminal – Felony)
Affirming conviction of first-degree murder, aggravated assault with a deadly weapon, aggravated assault of a law enforcement officer, and fleeing a law enforcement officer, holding that the trial court did not err in denying motions to dismiss for lack of speedy trial, that the circuit court abused its discretion in excluding videotaped witness statements but that the error was harmless, that the court did not commit reversible error in commenting in front of the jury that a witness was “an excellent investigator,” that the evidence was sufficient to support the verdict, and that the verdict was not against the overwhelming weight of the evidence.
(7-3-0: McDonald and Emfinger concurred in part and in the result without writing; Wilson concurred in the result only without writing)

Turner v. Turner, 2023-CA-00216-COA (Civil – Domestic Relations)
Reversing dismissal of complaint for divorce, holding that the chancellor erred by considering matters outside of the pleadings when ruling on a motion to dismiss under Rule 12(b)(6) without converting it into a motion for summary judgment and providing necessary notice.
(10-0)

Suarez v. State, 2023-KA-00526-COA (Criminal – Felony)
Affirming conviction of burglary of an occupied dwelling under circumstances likely to terrorize the occupant, holding that the evidence was sufficient to support his conviction and that the trial court did not err in refusing the defendant’s lesser-included-offense jury instruction.
(7-3-0: Wilson, McDonald, and McCarty concurred in result only without separate written opinion)

Harris v. State, 2023-CP-00227-COA (Civil – PCR)
Affirming denial of PCR motion following probation revocation, holding that the trial court’s failure to inquire about the petitioner’s ability to pay his fees and assessments was harmless error at most.
(10-0)

Crawford v. East Miss. State Hospital, Inc., 2022-CA-00753-COA (Civil – Wrongful Death)
Affirming judgment in favor of a hospital in a wrongful death lawsuit after bench trial, holding that the circuit court did not err in finding that the plaintiff did not prove the proximate cause element or in denying the plaintiff’s claim for the decedent’s “lifetime damages” because the estate was initially a party before being removed as a party via amendment to the complaint.
(6-2: McCarty concurred in part and dissented in part, joined by Westbrooks; McDonald and Smith did not participate)

Other Orders

  • Mississippi Dept. of Rehab. Servs v. Butler, 2022-CA-00176-COA (rehearing denied)
  • Harris v. Ratcliff, 2022-CA-00596-COA (rehearing denied)
  • Simmons v. State, 2022-KA-01260-COA (rehearing denied)

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Mississippi Supreme Court Decisions of March 7, 2024

The Mississippi Supreme Court handed down four opinions last Thursday. There is an appeal of the dismissal of an MTCA claim on summary judgment, an appeal of a Medicaid reimbursement-rate decision, and an appeal by a victorious pro se party. The headliner, however, is the appeal of Willie Godbolt’s convictions for the infamous 2017 shooting of eight people in Lincoln County.

Federinko v. Forrest County, Mississippi, 2023-CA-00204-SCT (Civil – MTCA)
Affirming the trial court’s grant of summary judgment for the defendant, holding that the plaintiff failed to allege a tortious or negligent act with respect to the MTCA defendants’ decision not to conduct an autopsy or obtain postmortem blood and fluids.
(9-0)

Mississippi Division of Medicaid v. Women’s Pavilion of South Mississippi, PLLC, 2023-SA-00098-SCT (Civil – State Boards & Agencies)
Affirming the chancery court’s decision vacating Medicaid’s reimbursement-rate decision, holding that the administrative officer did not have to defer to Medicaid’s initial decision but was to make findings of fact and a determination of the issues presented.
(8-0: Beam did not participate)

Stratton v. McKey, 2023-CP-00451-SCT (Civil – Other)
Affirming the circuit court’s denial of the pro se plaintiff’s Rule 60 motion to vacate a judgment in his favor that awarded him possession of his classic truck and monetary damages.
(9-0)

Godbolt v. State, 2020-DP-00440-SCT (Criminal – Death Penalty – Direct Appeal)
Affirming conviction of four counts of capital murder, four counts of first-degree murder, two counts of kidnapping, one count of attempted murder, and one count of armed robbery garnering four death sentences, six life sentences, and two twenty-year terms, holding that the trial court did not err in (1) denying a motion to server; (2) transferring venue to a neighboring county (with a jury drawn from a distant county); (3) “limiting” voir dire where the process lasted four days and produced nearly 800-pages of transcript; (4) denying a motion to suppress statements made to media and law enforcement; (5) denying a motion to suppress evidence obtained from the defendant’s home, vehicle, cell phone, other electronic devices; (6) allowing the defendant’s wife to testify under Rule 601(b)(2); (7) admitting evidence of prior bad acts; (8) admitting 911 calls; (9) not ordering a psychiatric evaluation that the defendant opposed; (10) admitting Facebook messages over an authentication objection; (11) only allowing the defendant (who exercised his right not to testify) limited time for allocution during closing arguments; (12) denying motion to exclude victim impact evidence; and the Supreme Court also (13) deferred the ineffective assistance claim to the PCR phase; (14) held that there was no Brady violation regarding the destruction of the defendant’s phone after all data and information from the phone were given to the defendant; (15) that the defendant’s right to an impartial jury was not violated; (16) held that there was no evidence of prosecutorial misconduct; (17) that the “heinous, atrocious or cruel” aggravator was not unconstitutional; (18) that the death penalty was not unconstitutional; (19) that the death penalty was not disproportional; (20) and that there was no error, so the cumulative error argument was without merit.
(7-2: King dissented, joined by Kitchens)

NOTE– You should never treat my summaries as a substitute for reading cases that you intend to rely on. This is especially true in a case like this one. This is probably the longest summary I have posted, but I have only scratched the surface.

Other Orders

Love v. State, 2021-CT-01101-SCT (granting pro se cert petition)

Norwood v. Smith, 2021-IA-01404-SCT (dismissing interlocutory appeal)

Rehabilitation Centers, Inc. v. Williams, 2023-CT-00453-SCT (denying in part and dismissing in part petition for cert and reverse and stay of mandate or in the alternative petition for interlocutory appeal)

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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

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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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