The Mississippi Court of Appeals handed down three opinions today: one MTCA personal injury case, one direct criminal appeal, and one claim against the parole board. The Court also handed down one opinion on Thursday of last week in a direct criminal appeal.
Alexander v. State, 2023-KA-00331-COA (Criminal – Felony) (Nov. 7, 2024)
Affirming conviction of six counts of exploitation of a child and sentence to forty-years for each court to run consecutively, holding (Part One) that the trial court did not err in denying the motion to sever the six counts of child exploitation; the trial court did not err in denying a generic motion to exclude prior bad acts or in ruling on subsequent objections to testimony of prior bad acts during trial; the trial court did not err in overruling the defendant’s objections during trial to opening statement comments, to questions during various witness examinations, or to the introduction of a photographs of the defendant and a victims; the trial court did not err in denying a motion for mistrial after a witness mentioned conduct related to one of the severed counts; (Part Two) there was sufficient evidence to support the conviction; the verdicts were not contrary to the overwhelming weight of the evidence; and the sentence was not grossly disproportionate to the crimes.
As to Part One, 8-1: McDonald concurred in part and dissented in part without writing; Carlton did not participate.
As to Part Two, 6-1-2: Wilson concurred in result only; Emfinger dissented in part, joined by Barnes; Carlton did not participate.
Allred v. Tishomingo County, 2023-CA-00569-COA (Civil – Personal Injury)
Affirming judgment in favor of the County after an MTCA bench trial in a personal injury action that arose after a limb fell on the roof of the plaintiffs’ vehicle, holding that the County had no statutory duty to inspect or maintain the right-of-way, that the County had no actual or constructive notice that the tree was a dangerous condition, that the County did not proximately cause the damages, that the trial court’s analysis of expert testimony was not mainfestly wrong or clearly erroneous, and that the trial court did not abuse its discretion admitting opinions from the County’s expert.
(10-0)
PRACTICE POINT– The County moved to strike the plaintiffs’ reply brief or portions of it on the grounds that it referenced materials that were not designated as part of the record on appeal. The Court denied the motion to strike as moot because it declined to consider the documents that were not in the record on appeal pursuant to M.R.A.P. 10 and 30(a).
Walker v. State, 2023-KA-00860-COA (Criminal – Felony)
Affirming conviction of statutory rape, holding that the trial court did not err in denying a motion to suppress the interrogation video where the defendant argued his statement was improperly obtained after he requested counsel because the defendant did not actually invoke his Sixth Amendment right to counsel with regard to the charged offense, holding that the confession was voluntary, and holding that the verdict was not against the overwhelming weight of the evidence.
(9-1-0: McCarty concurred in result only without writing)
Siggers v. Mississippi Parole Board, 2023-CP-00900-COA (Civil – Other)
Affirming the trial court’s dismissal of the petitioner’s “show cause motion” seeking the compel the Parole Board to show case as to why his parole was denied and was not set for hearing until 2025, holding that the trial court correctly determined that it lack authority to review the parole board’s decision to deny parole and set off the parole hearing.
(8-2-0: Westbrooks and McDonald concurred in part and in the result without writing)
Other Orders
- Scott v. State, 2022-KA-00830-COA (denying rehearing)
- Morland v. Morland, 2023-CA-00237-COA (granting appellee’s motion for appellate attorney’s fees)
- Weeks v. Weeks, 2023-CA-00427-COA (denying rehearing)
- Walker v. Hasty, 2023-CA-00675-COA (denying motion for appellate attorney’s fees)
- Corr Properties, LLC v. Proctor, 2023-CA-00782-COA (granting motion for appellate attorney’s fees)
- Miller v. State, 2023-CP-00812-COA (dismissing motion for rehearing as untimely)
- Thadison v. State, 2024-TS-00389-COA (granting pro se motion to recall mandate and reinstate appeal)
- Mallett v. State, 2024-TS-01091-COA (allowing appeal to proceed as appellant’s response to show-cause notice was well taken)
- Rodgers v. State, 2024-TS-01116-COA (suspending deadline to appeal pursuant to M.R.A.P. 2(c) and allowing appeal to proceed)
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