Tag: Voir Dire

Mississippi Supreme Court Decisions of March 14, 2024

The Mississippi Supreme Court handed down four opinions last week. Three were appeals of criminal convictions and the fourth opinion was an interesting tort case discussing a party’s duties to an opposing party during voir dire.

Jackson v. State, 2023-KA-00273-SCT (Criminal – Felony)
Affirming conviction of sexual battery and sentence to life imprisonment, holding that there was no error after reviewing counsel’s Lindsey brief and the record.
(9-0)

City of Picayune v. Landry Lewis Germany Architects, P.A., 2022-CA-00909-SCT (Civil – Torts – MTCA)
Reversing a judgment against the City based on a claim that the City failed to volunteer information about a juror during voir dire in a civil trial to which the City was a party, holding: “A party litigant has no duty to party opposite to personally intervene during a trial to prevent a fraud on the court by a potential juror.”
(9-0)

Exson v. State, 2022-KA-01089-SCT (Criminal – Felony)
Affirming conviction of burglary of a dwelling, grand larceny, and first degree arson, holding that the issue of whether the State proved its evidence of the value element of the larceny statute was procedurally barred for failure to raise it in a post-trial motion and that the issue of whether the jury instructions were proper was procedurally barred and that there was no plain error.
(9-0)

Marbley v. State, 2022-KA-01280-SCT (Criminal – Felony)
Affirming conviction of aggravated domestic violence, holding that there were no issues warranting appellate review after reviewing counsel’s Lindsey brief and the record.
(9-0)

Other Orders

In Re: Commission on Continuing Legal Education, 89-R-99011-SCT (denying petition of the Commission to amend Rule 3 of the Rules and Regulations for Mandatory Continuing Legal Education)

Ndicu v. Gacheri, 2022-CT-00416-SCT (denying cert)

Wheeler v. Mississippi Limestone Corp., 2022-CT-00534-SCT (denying cert)

Hand Down Page

Mississippi Supreme Court Decisions of March 30, 2023

The Mississippi Supreme Court handed down one opinion today in a criminal case along with one disbarment.

Willard v. State, 2022-KA-00339-SCT (Criminal – Felony)
Affirming conviction of possession of meth and sentencing as a habitual offender, holding that the trial court did not clearly err by striking two members of the venire for cause and that any error committed by sustaining the State’s objection to continuing a line of questioning on the contents of a hearsay report not prepared by the witness was harmless.
(9-0)

NOTE – The two potential jurors were struck for cause as a result of saying they were unwilling to convict on the testimony of a law enforcement officer alone.

Other Orders

Mississippi Bar v. Patrick, 2022-BD-01093-SCT (disbarring attorney in lieu of requested indefinite suspension)

Howell v. State, 2020-CA-00868-SCT (denying rehearing)

Hand Down List

Mississippi Supreme Court Decisions of September 22, 2022

The Mississippi Supreme Court handed down three opinions today. Two are criminal cases dealing with issues that occurred during voir dire. In one, the issue was an inculpatory exclamation by the defendant. In the other, the issue was two jurors’ undisclosed connection the defendant. The third opinion is a journey through contempt law.

Scott v. State, 2021-KA-01015-SCT (Criminal – Felony)
Affirming conviction of burglary, holding that the court did not abuse its discretion denying the defendant’s attorney’s request for a mistrial after the defendant exclaimed during voir dire that he was “guilty as hell.”
(9-0)

Note – This decision seems correct to me.

Watts v. State, 2021-KA-00873-SCT (Criminal – Felony)
Affirming denial of a JNOV after the defendant was convicted of conspiracy to commit armed robbery, attempted armed robbery, aggravated assault, and possession of a firearm by a convicted felon and a denial, holding that although two jurors did not disclose that they were related to a man who was murdered by the defendant’s brother in 2006 the court did not commit clear error in determining after an evidentiary hearing that those jurors lacked substantial knowledge of their connection with the defendant during voir dire.
(9-0)

Seals v. Stanton, 2020-CA-00741-SCT (Civil – Domestic Relations)
This decision waded into a morass of contempt and affirmed the chancellor in part, reversed and remanded in part, and vacated in part. The Supreme Court affirmed the chancellor’s finding that two attorneys handling a divorce proceeding were in direct criminal contempt for missing a hearing, vacating the penalty for that because it exceeded statutory authority and remanded on that issue, and affirmed an award of attorney’s fees to the other side. The Supreme Court vacated judgment of direct criminal contempt against another attorney and remanded for proceedings on under the constructive criminal contempt standards. The Supreme Court held that the chancellor erred in finding these attorneys in direct criminal contempt for violating a court order and remanded for a determination of whether an indirect civil contempt proceeding should be commenced.
(6-3: Justice Kitchens dissented, joined by Justice King and Justice Coleman.)

Practice Point – Don’t miss hearings. Don’t violate orders. If you have further questions about what went wrong here or about the intricacies of direct criminal contempt, indirect/constructive criminal contempt, and civil contempt I refer refer you to the opinion and wish you the best.

Other Orders

Hamer v. State, 2019-CT-01633-SCT (denying cert)
Nowell v. Stewart, 2020-CT-00728-SCT (denying cert)
Johnson v. State, 2022-CT-01308-SCT (dismissing cert sua sponte)

Hand Down List