Tag: Prior Bad Acts

Mississippi Court of Appeals Decisions of June 18, 2024

The Mississippi Court of Appeals handed down six opinions today. Five were direct appeals of felony convictions. The sixth opinion is a constructive trust case.

Longs v. State, 2022-KA-00750-COA (Criminal – Felony)
Affirming bench trial convictions of manslaughter and simple assault, holding that the defendant had been properly questioned by the trial court about waiving her right to a jury trial and that her waiver was knowing, intelligent, and voluntary.
(9-0: Smith did not participate.)

Williams v. Williams, 2023-CA-00360-COA (Civil – Wills, Trusts & Estates)
Affirming the chancery court’s dismissal of a petition for constructive trust regarding real property owned by the petitioner’s mother who allowed the petitioner to live there rent-free in exchange for assistance with repairs and upkeep, holding that the petitioner failed to prove a confidential relationship or, alternatively, an abuse of such a relationship and holding that the chancellor did not err in refusing to impose a constructive trust based on equity and good conscience.
(9-1-0: Barnes concurred in part and in the result without writing.)

Jackson v. State, 2023-KA-00224-COA (Criminal – Felony)
Affirming conviction of shooting into a motor vehicle, holding that after a review of counsel’s Lindsey brief and the record, that there were no issues warranting reversal.
(10-0)

Baucom v. State, 2023-KA-00516-COA (Criminal – Felony)
Affirming conviction of one count of sexual battery and two counts of fondling, holding that the evidence was sufficient to support the convictions and, specifically, that the criminal conduct in this case was sufficiently near the charged time from to sustain the conviction.
(10-0)

Page v. State, 2023-KA-01078-COA (Criminal – Felony)
Affirming conviction of rape, sexual battery, and burglary of a dwelling, holding that the trial court did not err in admitting evidence of two prior bad acts to prove identity and explain how the defendant became a suspect where a limiting instruction was also given.
(10-0)

Black v. State, 2022-KA-01223-COA (Criminal – Felony)
Affirming conviction of four types of drugs with intent to distribute, holding that the trial court did not abuse its discretion in admitting the defendant’s statement to police or in allowing a witness to be recalled to testify to the defendant’s inculpatory statement, and holding that the evidence was sufficient to prove intent to distribute.
(8-2: McDonald dissented without writing; Westbrooks dissented, joined by McDonald.)

Other Orders

  • Wilbourn v. Wilbourn, 2018-CA-01653-COA (denying rehearing)
  • White v. White, 2022-CP-00823-COA (denying rehearing)
  • Toney v. State, 2023-CP-00151-COA (denying rehearing)

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Mississippi Supreme Court Decisions of June 8, 2023

The Mississippi Supreme Court handed down four opinions today. Three are direct appeals of criminal convictions and one is an election contest. One of the criminal appeals is an appeal of a capital murder conviction. The election contest decision settles who will appear on the Mississippi Democratic Primary’s ballot in the upcoming gubernatorial race.

Clanton v. State, 2021-KA-01159-SCT (Criminal – Felony)
Affirming conviction of possession of meth found subsequent to a traffic stop, holding that the trial court erred in admitting photos of money seized from the defendant but the error was harmless; that the trial court did not err in allowing testimony and photos about marijuana found in the defendant’s vehicle, in allowing the officer to testimony that he thought the pills were ecstasy, or in overruling the defendant’s objection to alleged misstatement of the evidence during closing; and that the verdict was supported by evidence and not against the overwhelming weight of it.
(9-0)

Harvey v. State, 2022-KA-00660-SCT (Criminal – Felony)
Affirming conviction of aggravated domestic violence, holding that the trial court did not err by prohibiting the defendant from eliciting impeachment testimony from a witness about specific instances of conduct by the victim and that the wording of a limiting jury instruction regarding prior bad acts was not error.
(9-0)

Chisholm v. State, 2021-KA-01254-SCT (Criminal – Felony)
Affirming conviction of capital murder, holding that the trial court was within its discretion to admit the firearm and the restraining order over objection, to admit evidence of prior bad acts, and to deny a motion for mistrial after striking the defense’s psychology expert, that the trial court did not err in denying a heat-of-passion instruction, that the defendant failed to prove a Brady violation with respect to his cell phone records and the contents of his journal and laptop; that the indictment was not defective or constructively amended as the defendant argued based on alleged lack of specificity as to burglary; and that the verdict was supported by sufficient evidence and not against the overwhelming weight of it.
(9-0)

The Mississippi State Democratic Party v. Hickingbottom, 2023-EC-00611-SCT (Civil – Election Contest)
Reversing the circuit court’s order to place a gubernatorial primary candidate on the ballot, holding that the would-be candidate failed to timely file his petition for review of his disqualification by the Party.
(8-0: Griffis did not participate.)

NOTE – The Supreme Court shut this one down procedurally in light of the upcoming election:

Other Orders

In Re: Rules of Discipline for the Mississippi Bar, 89-R-99010-SCT (appointing Hon. Eleanor J. (Faye) Peterson, Circuit Judge, as a member of the Complaint Tribunal)

Rules for Court Reporters, 89-R-99021-SCT (amending Rule I.(U) of the Rules and Regulations Governing Certified Court Reporters)

Davis v. State, 2021-CT-00759 (denying cert)

Durant Healthcare, LLC v. Garrette, 2021-CT-00823-SCT (denying cert)

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