Justia Mississippi Supreme Court Opinion Summaries

In 2008, the former Attorney General of Mississippi entered into a retention agreement with the Kilborn Firm to sue Entergy Corporation over electricity rates. The Kilborn Firm then agreed to split any compensation with Roedel Parsons, a Louisiana law firm. After years of litigation, the trial judge granted Entergy’s motion for summary judgment, dismissing the case with prejudice. The State did not appeal. Roedel Parsons then sued the State, claiming it was entitled to $34,625,000 as a third-party beneficiary under the retention agreement or, alternatively, for unjust enrichment and quantum meruit recovery.The Hinds County Circuit Court granted the State’s motion to dismiss under Mississippi Rule of Civil Procedure 12(b)(6) for failure to state a claim. The court found that Roedel Parsons was not a third-party beneficiary under the retention agreement, as the agreement specified that any associated attorneys would be at the Kilborn Firm’s expense and at no cost to the State. The court also found that Roedel Parsons failed to state a claim for unjust enrichment and quantum meruit recovery, as the State had no obligation to compensate Roedel Parsons under the terms of the agreement.The Supreme Court of Mississippi reviewed the case and affirmed the lower court’s decision. The court held that Roedel Parsons was not a third-party beneficiary under the retention agreement and had no standing to sue the State for breach of contract. The court also held that Roedel Parsons failed to state a claim for unjust enrichment and quantum meruit recovery, as the State had no reasonable expectation to compensate Roedel Parsons. The court further found that the common-fund doctrine did not apply, as Roedel Parsons failed to identify a specific fund or class of beneficiaries. View "Roedel Parsons Blache Fontana Piontek & Pisano v. State of Mississippi" on Justia Law

Mississippi Methodist Hospital and Rehabilitation Center Inc. appealed the Hinds County Chancery Court's decision affirming the Mississippi State Department of Health's grant of a certificate of need (CON) to Encompass Health Rehabilitation Hospital of Flowood LLC. The Department identified a need for additional comprehensive medical rehabilitation (CMR) beds, prompting Encompass to apply for a CON to build a new facility in Flowood. Methodist opposed the application, arguing that Encompass's proposed facility would not meet indigent care requirements and would unnecessarily duplicate existing services.The Hinds County Chancery Court initially reversed the Department's decision, finding that the hearing officer failed to consider the relevance of a CON granted to Baptist Memorial Rehabilitation Hospital - Madison LLC. However, the Mississippi Supreme Court vacated this decision, ruling that the hearing officer had considered the relevance of the Baptist CON and found it irrelevant. On remand, the chancery court affirmed the Department's grant of the Encompass CON, finding that the decision was supported by substantial evidence.The Mississippi Supreme Court reviewed the case and affirmed the chancery court's decision. The Court held that the hearing officer's findings were based on substantial evidence, including Encompass's commitment to providing indigent care and the unmet need for CMR services in the Jackson metro area. The Court also rejected Methodist's argument that the state health officer should have considered the impact of the Baptist CON, noting that this issue had already been resolved in the previous appeal. The Court remanded the case to the chancery court to determine the amount of attorneys' fees to which Encompass is entitled under Section 41-7-201(2)(f). View "Mississippi Methodist Hospital and Rehabilitation Center Inc. v. Mississippi State Department of Health and Encompass Health Rehabilitation Hospital of Flowood, LLC" on Justia Law

A minor, M.Y., was injured after falling into an open manhole on the lawn of Wingfield High School in Jackson, Mississippi, during a homecoming event. M.Y.'s mother, LaQuita Maxie, filed a lawsuit on his behalf against the City of Jackson and the Jackson Public School District (JPS), alleging negligence, gross negligence, premises liability, and res ipsa loquitur, and seeking compensatory and punitive damages.The Hinds County Circuit Court denied the defendants' motions to dismiss and later their motions for summary judgment. The trial court found that there were genuine issues of material fact regarding the defendants' notice of the dangerous condition and their duty to maintain the manhole. The court also determined that the defendants were not entitled to discretionary-function immunity under the Mississippi Tort Claims Act (MTCA).The Supreme Court of Mississippi reviewed the case de novo and found that the plaintiff failed to present evidence that either the City or JPS had actual or constructive notice of the open manhole. The court noted that the defendants provided evidence of no prior complaints or notifications about the manhole, while the plaintiff relied solely on the complaint and general premises liability principles without presenting probative evidence.The Supreme Court of Mississippi held that the trial court erred in denying the defendants' motions for summary judgment. The court reversed the trial court's decision and rendered summary judgment in favor of the City of Jackson and JPS, concluding that the plaintiff did not establish a genuine issue of material fact regarding the defendants' notice of the dangerous condition. View "City of Jackson v. Maxie" on Justia Law

A man was accused of attempting to commit statutory rape against his thirteen-year-old stepdaughter. The incident occurred in the early morning hours when the child’s mother discovered the man in bed with her daughter, who was nude except for a bra. The mother called 911, and the child was taken to the hospital and later interviewed at a Children’s Advocacy Center. The man was initially indicted on seven counts related to various alleged acts against the child, but all but one count—attempted statutory rape—were dropped or not presented to the jury at trial.The case was tried in the Warren County Circuit Court. Before trial, the court held a hearing to determine whether the child’s recorded interview at the advocacy center could be admitted under the tender years hearsay exception. The court allowed the recording, finding the exception satisfied. During trial, the court also admitted a 911 dispatch report over defense objections regarding hearsay and reliability. The jury heard testimony from the child, her mother, law enforcement, a forensic interviewer, and a nurse examiner. The defense challenged the credibility of the evidence and witnesses, but the jury found the defendant guilty of attempted statutory rape. The trial court sentenced him to fifty years in prison, with thirty years to serve.On appeal, the Supreme Court of Mississippi reviewed claims that the admission of the child’s interview and the 911 report were erroneous, that expert and prosecutorial comments improperly vouched for the child’s credibility, and that cumulative error deprived the defendant of a fair trial. The court held that no reversible error occurred, finding that the defendant’s confrontation rights were not violated, the evidentiary rulings were not plain error, and there was no improper vouching or cumulative error. The conviction was affirmed. View "Cole v. State of Mississippi" on Justia Law

The case involves a contested Republican primary runoff election for the office of tax collector/assessor in Pearl River County, Mississippi. Jo Lynn Houston was initially certified as the winner by a margin of two votes over Sandy Kane Smith. Smith challenged the results, alleging that two illegal votes were cast by individuals who voted in both the Democratic primary and the Republican runoff, and that a miscounted vote in the Carriere 5 Precinct should have been counted for him.The Circuit Court of Pearl River County found that the two illegal votes and the miscounted vote warranted a special election in two precincts where the illegal votes were cast. The court ordered that the results of the special election be added to the adjusted totals, which would then determine the final outcome. Houston appealed the decision, arguing that Smith did not meet his burden of proving that the will of the electorate could not be ascertained.The Supreme Court of Mississippi reviewed the case and affirmed the Circuit Court's decision. The court held that Smith had met his burden of proving the existence of illegal votes and that the two-vote margin made it impossible to ascertain the will of the electorate. The court found that a special election was necessary to determine the true outcome. The court also dismissed Smith's cross-appeal, which raised additional factual issues and alleged a conflict of interest with a county election commissioner serving on the special tribunal.In conclusion, the Supreme Court of Mississippi affirmed the order for a special election in the specified precincts and dismissed the cross-appeal, upholding the lower court's decision to vacate the original election certification and conduct a new election to resolve the contested results. View "Houston v. Smith" on Justia Law

Tony Clark was convicted of capital murder, attempted murder, and possession of a firearm by a previously convicted felon. His death sentence was affirmed by the Mississippi Supreme Court, and the United States Supreme Court denied his petition for writ of certiorari. Clark subsequently filed his first motion for post-conviction relief, claiming intellectual disability and ineffective assistance of counsel, among other issues.The Madison County Circuit Court initially reviewed the case, and the Mississippi Supreme Court affirmed Clark's convictions and sentence. Clark then sought post-conviction relief, which led to the current appeal.The Supreme Court of Mississippi reviewed Clark's motion for post-conviction relief. The court granted the motion in part, remanding the case to the Madison County Circuit Court for an Atkins hearing to determine if Clark is intellectually disabled, which would make him ineligible for execution under the Eighth Amendment. The court found that Clark presented sufficient evidence, including affidavits from medical professionals, to warrant a hearing on his intellectual disability claim. However, the court denied all other claims, including ineffective assistance of counsel related to mitigation evidence, Batson challenges, jury wheel issues, the avoiding arrest aggravator, jurors' racial bias, and jury instructions. The court also rejected Clark's cumulative error argument. The decision was to grant post-conviction relief in part and deny it in part. View "Clark v. State" on Justia Law

Joanne Pearson, a Republican candidate for Madison County Election Commissioner in District Three, won the election against Walter Young, Jr., a Democratic candidate, by a vote of 5,772 to 3,917. Pearson had filed her application to qualify as a candidate in January 2024, and the Madison County Board of Supervisors approved her candidacy in February 2024. Five citizens, collectively referred to as Brown, appealed the Board’s decision, arguing that Pearson’s application was incomplete and that there was a conflict of interest with the Board’s attorney, Spence Flatgard.The Madison County Circuit Court reviewed the case and denied Brown’s motion to disqualify Flatgard, affirming the Board’s decision to approve Pearson’s candidacy. The court found that Pearson’s application, despite some incomplete areas, met the statutory requirements for the position. Brown then appealed both decisions to the Supreme Court of Mississippi.The Supreme Court of Mississippi reviewed the case and affirmed the lower court’s decisions. The court held that the Board did not act arbitrarily or capriciously in approving Pearson’s candidacy. It found that Pearson’s application substantially complied with the statutory requirements, and any minor irregularities did not mislead the electors. The court also upheld the circuit court’s decision to deny the motion to disqualify Flatgard, finding no conflict of interest as the Board and the election commission were not adverse parties in this matter. The court concluded that the Board’s decision was supported by substantial evidence and was within its discretionary power. View "Brown v. Madison County Board of Supervisors" on Justia Law

Mercedes B. Clark was stopped by Officer Ricky Robinson for speeding and driving on the wrong side of the road. During the stop, Officer Robinson smelled burnt marijuana and conducted a DUI investigation. A search of Clark's vehicle revealed a clutch bag containing a half-smoked marijuana joint, multicolored pills, and items with Clark's name. Clark admitted the bag was hers but claimed a male acquaintance had put his belongings in it, which she thought was marijuana.A Lauderdale County jury found Clark guilty of trafficking eutylone, a Schedule I controlled substance. The trial court sentenced her to ten years without parole. Clark's appellate counsel filed a brief under Lindsey v. State, stating no arguable issues for appeal. Clark filed a pro se supplemental brief raising three issues: the exclusion of her after-arrest interview, improper jury instructions, and a request for parole eligibility for first-time offenders.The Supreme Court of Mississippi reviewed the case. The court found that Clark had agreed to the exclusion of her interview with Agent Wilburn, making her argument on this point meritless. The court also determined that the jury instructions were proper, as they required the jury to find that Clark "unlawfully, wilfully, and feloniously" possessed the eutylone, which implicitly included the requirement of knowing possession. Lastly, the court noted that it does not have the authority to amend statutes, thus denying Clark's request for parole eligibility.The Supreme Court of Mississippi affirmed Clark's conviction and sentence, finding no arguable issues warranting relief. View "Clark v. State of Mississippi" on Justia Law

Promenade D’Iberville, LLC, the owner and developer of a large retail shopping center in D’Iberville, Mississippi, discovered soil issues during construction in 2009. The problems were linked to the use of OPF42, a soil stabilizer containing bed ash from Jacksonville Electric Authority (JEA), a Florida public utility. Promenade filed a lawsuit in 2010 in the Harrison County Circuit Court against several parties, including JEA, alleging damages from the defective product.The Harrison County Circuit Court granted JEA’s motion to dismiss for lack of subject-matter jurisdiction, citing sovereign immunity based on California Franchise Tax Board v. Hyatt (Hyatt III). The court also held that the Full Faith and Credit Clause and comity principles required dismissal due to Florida’s presuit notice and venue requirements. Promenade appealed the decision.The Supreme Court of Mississippi reviewed the case and found that Hyatt III does not apply to JEA, as it is not an arm of the State of Florida but an instrumentality of the City of Jacksonville. The court also determined that neither the Full Faith and Credit Clause nor comity principles mandated dismissal. The court held that Promenade should be allowed to proceed with its claims against JEA in Mississippi, seeking damages similar to those allowed under Mississippi’s constitution for property damage.The Supreme Court of Mississippi reversed the trial court’s judgment of dismissal and remanded the case for further proceedings consistent with its opinion. View "The Promenade D'Iberville, LLC v. Jacksonville Electric Authority" on Justia Law

A man was charged with six counts of statutory rape involving his eleven-year-old daughter, who lived with him after her mother was incarcerated. The daughter testified that her father raped her on multiple occasions, providing detailed accounts of the assaults. Evidence included her birth certificate, which established both her and her father’s ages, and testimony from family members and investigators. The defendant denied the allegations, suggesting the accusations were fabricated due to disciplinary issues.The Circuit Court of Yazoo County conducted a jury trial, during which the defendant’s counsel submitted jury instructions that omitted the statutory requirement that the defendant be at least twenty-four months older than the victim. The State agreed to use the defense’s instructions. The jury convicted the defendant on all counts, and he was sentenced to thirty years’ imprisonment. On appeal, the Mississippi Court of Appeals reversed the conviction, holding that the omission of the age-gap element from the jury instructions constituted reversible error.The Supreme Court of Mississippi reviewed the case on certiorari. It held that, under the invited-error doctrine, a defendant cannot complain on appeal about an error in jury instructions that he himself requested and received. The Court found that the defendant was estopped from challenging the omission of the age-gap element, as he had submitted the instructions and the State and trial court had accepted them. The Court also rejected the defendant’s other claims, including ineffective assistance of counsel, sufficiency of the evidence regarding venue, improper admission of hearsay, and a Batson challenge. The Supreme Court of Mississippi reversed the Court of Appeals’ decision and reinstated and affirmed the conviction and sentence imposed by the Circuit Court of Yazoo County. View "Allen v. State" on Justia Law