The Mississippi Court of Appeals handed down nine opinions today. Most are direct criminal appeals. There is also a judgment versus voluntary payment case, a contempt issue in a divorce case, a disinheritance case, and an injunction case.
Seales v. State, 2023-KA-01376-COA (Criminal – Felony)
Affirming conviction of attempted first-degree murder, holding that the evidence was sufficient to support to conviction.
(9-0: St. Pe’ did not participate)
Holstein v. Nicholas, 2023-CA-00548-COA consolidated with 2023-CA-00972 (Civil – Contract)
Reversing the circuit court’s decision ordering repayment of sums paid pursuant to an Ohio judgment enrolled in Mississippi after the Ohio judgment was overturned on appeal, holding that the evidence was not sufficient to determine whether the amount paid was a voluntary payment or a compulsory payment.
(9-0: St. Pe’ did not participate)
Baker v. State, 2023-KA-01111-COA (Criminal – Felony)
Affirming conviction of aggravated assault, holding that the trial court did not abuse its discretion in denying the defendant’s proposed self-defense jury instruction because there was no evidence to support it.
(8-1-0: Westbrooks concurred in result only; St. Pe’ did not participate.)
In the Matter of the Estate of Tate: Garfield v. Tate, 2023-CA-01262-COA (Civil – Wills, Trusts & Estates)
Affirming the chancellor’s decision disinheriting a father, holding that the father did not prove he should inherit under Miss. Code Ann. section 91-1-15(3)(d)(i).
(9-0: St. Pe’ did not participate)
Gibson v. State, 2023-KA-00704-COA (Criminal – Felony)
Affirming conviction of first-degree murder, holding that the trial court did not commit plain error by allowing the defendant’s wife to testify against him and that the verdict was not against the overwhelming weight of the evidence.
(8-1-0: Lawrence concurred, joined by Barnes and joined in part by Westbrooks and Weddle; St. Pe’ did not participate)
Davis v. State, 2023-KA-00178-COA (Criminal – Felony)
Affirming conviction of aggravated assault with a weapon and felon in possession, holding that the trial court did not abuse its discretion in excluding evidence of a witness’s prior convictions for forgery in violation of the defendant’s rights under the Confrontation Clause.
(9-0: St. Pe’ did not participate)
Yarbrough v. Sacred Heart Catholic School of Hattiesburg, Mississippi, 2023-CA-01219-COA (Civil – Other)
Affirming the chancellor’s rulings granting temporary and permanent injunctive relief in favor of a school, holding that there was a legally cognizable claim based on its right to take precautions necessary to minimize foreseeable risks to protect students, that the chancellor did not err in finding that there was a threat to the school, and that the chancellor did not abuse her discretion in issuing the preliminary and permanent injunction.
(8-1: Wilson dissented; St. Pe’ did not participate)
Powell v. Powell, 2022-CA-01258-COA (Civil – Domestic Relations)
Affirming the chancellor’s decision finding the mother in contempt in a divorce matter for failing to pay her half of children’s medical bills, holding that the chancellor did not violate the judgment of divorce, that the finding of contempt was not manifest error, and the the chancellor did not abuse his discretion in any of the evidentiary rulings.
(7-1-0: Wilson concurred in part and in the result without writing; Lawrence and St. Pe’ did not participate)
Stewart v. State, 2023-KA-00461-COA (Criminal – Felony)
Affirming conviction of one count of armed carjacking and three counts of armed robbery, holding that the trial court did not err in denying the motion for mistrial based on improper questioning during cross-exam of the defendant’s mother because it was waived and that the improper question was cured by jury instructions and that the defendant’s Confrontation Clause rights were not violated where a police officer testified via closed-circuit TV.
(7-2-0: Barnes and Lawrence concurred in part and in the result without writing)
Other Orders
- LaFleur v. State, 2022-KA-00500-COA (denying rehearing)
- Georgen v. Estate of Brown-Barrett, 2023-CA-000344-COA (denying rehearing)
- Fox v. Allen Automotive, Inc., 2023-CA-00441-COA (denying rehearing)
- Patton v. State, 2023-CP-00618-COA (recalling mandate and allowing pro se motion for rehearing to proceed on the merits)
- Mallard v. State, 2023-CP-01155-COA (recalling mandate and allowing pro se motion for rehearing to proceed on the merits)
Mississippi Appeals Blog 