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)
Mississippi Appeals Blog 