Tag: Undue Influence

Mississippi Supreme Court Decisions of June 29, 2023 (catch-up post)

The Mississippi Supreme Court handed down two opinions on June 29. The first was an estate case addressing claims of undue influence. The other was a personal injury case on interlocutory appeal of the denial of an insurer’s motion for summary judgment on the issue of whether an employer’s CGL policy provided coverage for an employee’s motor vehicle accident using company equipment.

Estate of Biddle v. Biddle, 2021-CP-00513-SCT (Civil – Wills, Trusts & Estates)
Affirming the chancellor’s decisions in an estate matter, holding that venue and jurisdiction were waived by the testator’s sons because those issues were raised for the first time in response to their stepmother’s motion for summary judgment and that the evidence did not create a genuine issue of material fact concerning the existence of “suspicious circumstances” rising to the level of undue influence of the wife over her husband.
(9-0)

Penn-Star Ins. Co. v. Thompson, 2022-IA-00106-SCT (Civil- Personal Injury)
Reversing the trial court’s denial of an insurer’s motion for summary judgment in a motor vehicle negligence action, holding that there was no coverage under the company’s CGL policy where an employee of a welding company was involved in a collision while operating a forklift owned by the company to tow his personal truck to the company’s premises to self-perform repairs because the collision did not “arise out of or relate to” the welding operations.
(9-0)

Other Orders

Watts v. Watts, 2021-CT-00321-SCT (denying cert)

$41,000 v. State, 2021-CT-00692-SCT (denying cert)

Hand Down List

Mississippi Court of Appeals Decisions of June 6, 2023

The Mississippi Court of Appeals handed down six opinions today. One is an appeal from a DOR assessment, one is a case seeking to set aside warranty deeds over alleged undue influence, one is a direct criminal appeal, and the other three are PCR. No appellant prevailed today.

Toolpushers Supply Co. v. Mississippi Department of Revenue, 2021-SA-01186-COA (Civil – State Boards & Agencies)
Affirming summary judgment that affirmed the DOR’s assessment for unpaid retail sales tax, penalties, and interest, holding that there was no genuine issue of material fact about the sales at issue being “retail sales” as opposed to “wholesale sales.”
(10-0)

Holcombe v. Estate of King, 2021-CA-01234-COA (Civil – Wills, Trusts & Estates)
Affirming the chancellor ‘s ruling in a case seeking to set aside warranty deeds because of alleged undue influence, holding that that the factors of a confidential relationship were not established by clear and convincing proof.
(10-0)

Hill v. State, 2022-KA-00524-COA (Criminal – Felony)
Affirming conviction of capital murder, holding that the trial court properly refused the defendant’s lesser-included-offense instruction of heat-of-passion manslaughter, that the indictment was not defective or constructively amended, and that the right to a speedy trial was not violated.
(9-0: Smith did not participate.)

Hamilton v. State, 2022-CP-00217-COA (Civil – PCR) (consolidated with Hamilton v. State, 2022-CP-00218-COA)
Affirming denial of the petitioner’s third and fourth motions for PCR, holding that the trial court did not err in finding that the motions were time-barred, successive, barred by res judicata, and without merit.
(10-0)

Winston v. State, 2022-CA-00747-COA (Civil – PCR)
Affirming denial of a PCR motion, holding that the petitioner lacked standing to file a PCR motion and that the petition was time-barred.
(10-0)

Varnado v. State, 2021-CP-01073-COA (Civil – PCR)
Affirming denial of a pro se PCR motion, holding that the petitioner failed to present sufficient evidence that his guilty plea was involuntary, that he was misinformed concerning eligibility for release, that his trial counsel was ineffective, or that there was prosecutorial misconduct.
(6-1-3: Carlton dissented, joined by Westbrooks and McCarty; Emfinger concurred in part and in the result without separate written opinion)

Other Orders

West Jasper Consolidated School District v. Rogers, 2021-CA-00171-COA (denying rehearing)

Hathorne v. State, 2021-CA-00306-COA (denying rehearing)

Kirk v. State, 2021-KA-00733-COA (denying rehearing)/

Hand Down List