Justia Mississippi Supreme Court Opinion Summaries

Alex and Jessica McGee were married in 2011, divorced in 2014, and remarried in 2017. They have three children. After their second separation in 2022, Alex filed for divorce on grounds of adultery. The Montgomery County Chancery Court granted the divorce, divided the marital property, and awarded joint legal and physical custody of the children. Jessica appealed, challenging the division of Alex’s retirement account and the custody arrangement.The Montgomery County Chancery Court classified and divided the marital property, including Alex’s 401(k) from the date of the second marriage to the date of separation. Jessica argued that the division should have included assets accumulated since their first marriage in 2011. The court found no evidence that the parties accumulated assets together during their separation and upheld the division from the second marriage. Jessica also contended that the chancellor improperly focused on her adultery in awarding joint custody and that the other factors favored her.The Supreme Court of Mississippi reviewed the case and affirmed the lower court’s decision. The court found that the chancellor properly classified and divided the marital property and applied the Ferguson factors correctly. The court also upheld the joint custody arrangement, noting that the chancellor considered the best interest of the children and did not overly focus on Jessica’s adultery. The court emphasized that the chancellor’s findings were supported by substantial evidence and that Jessica failed to demonstrate an inability to cooperate with Alex for joint custody. The judgment of the Montgomery County Chancery Court was affirmed. View "McGee v. McGee" on Justia Law

Eason Propane, LLC, purchased a new Freightliner propane delivery truck, which caught fire due to Empire Truck Sales, LLC's negligence during repairs. The fire caused significant damage to the truck, leading to extensive business losses for Eason Propane. Eason Propane sued Empire, seeking damages for the truck's diminished value, repair costs, lost profits, and other consequential damages.The case was tried in the Lamar County Circuit Court, where the jury found Empire liable and awarded Eason Propane $263,443.39 in damages. Empire moved for a new trial on damages or a remittitur, arguing that the jury's award was against the overwhelming weight of the evidence. The trial court denied Empire's motion, leading to this appeal.The Supreme Court of Mississippi reviewed the case and affirmed the trial court's decision. The court held that the jury's damages award was not manifestly unjust or so excessive as to shock the conscience. The court found that the evidence presented at trial supported the jury's findings, including the testimony of Eason Propane's experts regarding the truck's diminished value and lost profits. The court emphasized that it was within the jury's purview to weigh the credibility of the competing testimonies and evidence.The court concluded that the trial court did not abuse its discretion in denying Empire's motion for a new trial or remittitur. The jury's award of $112,698.46 for the truck's diminished value, $24,744.93 for repair costs, $120,000 for lost profits, and $6,000 for other consequential damages was affirmed. View "Stribling Equipment, LLC v. Eason Propane, LLC" on Justia Law

Jason Scarborough, a police officer, was involved in a car accident with Wanda Logan while responding to an emergency call. Scarborough was driving at 79 miles per hour in a 25-mile-per-hour residential zone with his emergency lights on but no siren. Logan, who was at a stop sign, pulled out in front of Scarborough, leading to a collision. Scarborough sustained severe injuries and sued Logan for negligence, seeking over $3 million in damages. The jury found Scarborough 60% at fault and Logan 40% at fault, awarding Scarborough $1.2 million, which the trial court reduced to $480,000 to reflect Scarborough's apportioned fault.The Rankin County Circuit Court allowed the deposition of Shane Remy, an accident reconstructionist, to be read at trial despite Logan's objection that Remy had not been qualified or tendered as an expert witness. Remy's testimony was crucial in attributing fault to Logan. The jury's verdict reflected a reduction based on Scarborough's fault, but the trial court further reduced the award, leading Scarborough to file a motion to alter or amend the judgment, which was denied.The Supreme Court of Mississippi reviewed the case and found that the trial court abused its discretion by allowing Remy's deposition without proper qualification as an expert witness. This error was not harmless, as Remy's testimony was the only evidence of Logan's fault aside from Scarborough's account. The court also found that the trial court erred in further reducing the jury's award, as the jury had already accounted for Scarborough's fault. Consequently, the Supreme Court of Mississippi reversed the trial court's judgment and remanded the case for a new trial, dismissing the direct appeal as moot. View "Scarborough v. Logan" on Justia Law

L.C. Slaughter and Isiac Jackson were removed from their positions as commissioners of the Canton Municipal Utilities Commission by the City of Canton Board of Aldermen. They appealed their removal to the Madison County Circuit Court, arguing that their removal was illegal and violated their due process rights. The circuit court agreed, finding the removal void as a matter of law, and reinstated them to their positions. The Board appealed this decision.The Mississippi Supreme Court affirmed the circuit court's decision, holding that the Board's removal of Slaughter and Jackson without notice and an opportunity to be heard was improper. The Court issued its mandate on April 6, 2023, affirming their reinstatement. Subsequently, on April 27, 2023, Slaughter and Jackson filed a petition for back pay in the same circuit court case, seeking compensation for the period they were removed.The circuit court denied the petition for back pay, citing lack of jurisdiction, as the issue of back pay was not raised before the mandate was issued. Slaughter and Jackson appealed this denial. The Mississippi Supreme Court reviewed the case de novo and held that the circuit court lost jurisdiction once the appeal was filed and did not regain it after the Supreme Court's mandate, which did not remand any issues for further consideration. Consequently, the circuit court's denial of the petition for back pay was affirmed. View "Slaughter v. City of Canton, Mississippi" on Justia Law

R.W. and J.R. are the biological parents of twins Rachel and Joshua, born prematurely on May 9, 2022. Both R.W. and the twins tested positive for amphetamines at birth. The Jackson County Youth Court placed the children in the custody of the Mississippi Department of Child Protection Services (CPS) and later adjudicated them as neglected children. The court also ruled that CPS could bypass reasonable efforts to reunify the twins with their parents. R.W. and J.R. appealed this decision.The Jackson County Youth Court initially held an emergency custody hearing, followed by an adjudication hearing where the twins were declared neglected. The court found that R.W. had a history of substance abuse and had previously lost custody of her other children. J.R. was incarcerated for failing to register as a sex offender. The court ruled that CPS could bypass efforts to reunify the children with their parents due to the parents' history and current circumstances. R.W. and J.R. raised issues on appeal regarding jurisdiction, venue, and the sufficiency of evidence supporting the neglect adjudication and the bypass of reunification efforts.The Supreme Court of Mississippi reviewed the case and affirmed the youth court's judgment. The court held that the youth court had both subject-matter and personal jurisdiction, and that Jackson County was the proper venue. The evidence presented, including the positive drug tests and the parents' histories, was sufficient to support the adjudication of neglect. The court also found that bypassing reasonable efforts to reunify the children with their parents was justified based on the parents' past terminations of parental rights and J.R.'s criminal history. The Supreme Court of Mississippi affirmed the youth court's decision. View "R.W. v. Mississippi Department of Child Protection Services" on Justia Law

The Mississippi Public Service Commission (the Commission) authorized a rate increase for Entergy Mississippi, LLC (Entergy) based on a joint stipulation with the Mississippi Public Utilities Staff (the Staff). Rankin County, an Entergy customer, intervened, disputing the exclusion of unbilled revenue from Entergy’s operating expenses. The Commission found substantial evidence supporting the rate increase and deemed new issues raised by Rankin County on appeal as waived.Rankin County intervened in the Commission’s proceedings, challenging the exclusion of unbilled revenue from Entergy’s operating income. The Commission held a public hearing, but Rankin County did not present admissible evidence. The Commission approved the rate changes, including an Annual Rate Adjustment and an Interim Rate Adjustment, based on Entergy’s financial data and the Formula Rate Plan. Rankin County appealed directly to the Supreme Court of Mississippi without seeking rehearing from the Commission.The Supreme Court of Mississippi affirmed the Commission’s order, finding that the exclusion of unbilled revenue was reasonable and supported by substantial evidence. The court held that Rankin County waived new issues raised on appeal by not presenting them to the Commission. The court also found no merit in Rankin County’s arguments regarding the recalculation of net rate adjustments, the application of the 4 percent cap on revenue increases, and the management of Entergy’s confidential records. The Commission’s order was affirmed as it complied with statutory and regulatory procedures, and the rate adjustments were not arbitrary or capricious. View "Rankin County, Mississippi v. Mississippi Public Service Commission" on Justia Law

Lucas Montel Howard, while detained in the Madison County jail, directed his friend Alissia Washington to purchase crack cocaine from a dealer. Law enforcement monitored their phone calls, and when Washington returned with the drugs, she was pulled over and instructed by Howard to hide the cocaine in her vagina. The drugs were later discovered during a search at the police department, leading to Howard and Washington’s indictment on felony drug charges. Washington entered a best-interest plea, while Howard went to trial and was found guilty of possession of cocaine with intent to sell and conspiracy to possess cocaine with intent to sell.The Madison County Circuit Court sentenced Howard as a nonviolent habitual offender and subsequent drug offender to sixty years for possession with intent to sell and twenty years for conspiracy, to run concurrently. Howard appealed, arguing insufficient evidence of intent to sell, a Confrontation Clause violation, double jeopardy, improper admission of Washington’s guilty plea, prosecutorial misconduct, ineffective assistance of counsel, and a sleeping juror issue.The Supreme Court of Mississippi reviewed the case and found that the evidence, including Howard’s phone calls and prior convictions, sufficiently supported the jury’s findings of intent to sell and conspiracy. The court held that the trial court did not abuse its discretion in limiting cross-examination or in handling the sleeping juror issue. The court also found no merit in Howard’s claims of double jeopardy, prosecutorial misconduct, or ineffective assistance of counsel. The cumulative error doctrine was deemed inapplicable as no errors were identified. Consequently, the Supreme Court of Mississippi affirmed Howard’s convictions and sentences. View "Howard v. State of Mississippi" on Justia Law

In June 2016, an explosion damaged a gas processing plant in Moss Point, owned by Enterprise Gas Processing LLC. Enterprise alleged that the explosion was caused by Hetsco Inc.'s negligent repair of a heat exchanger. Hetsco argued that a Proposal for Services between it and the plant's prior owner, BP, entitled it to summary judgment. The circuit court agreed, granting summary judgment in favor of Hetsco.The Jackson County Circuit Court found that BP's employee, Hayes, had apparent authority to bind BP to the Proposal for Services, which included a forum-selection clause and a two-year statute of limitations. The court concluded that the Proposal for Services was a valid and enforceable contract, and thus, Enterprise's claims were barred by the forum-selection clause and the statute of limitations.The Supreme Court of Mississippi reviewed the case and found that genuine issues of material fact remained regarding Hayes's apparent authority to bind BP to the Proposal for Services. The court noted that the evidence did not conclusively show that Hayes had the authority to agree to the legal terms of the Proposal for Services. Additionally, the court found that there were factual disputes about whether BP ratified the Proposal for Services and whether Enterprise could be bound by it as BP's successor.The Supreme Court of Mississippi reversed the circuit court's grant of summary judgment and remanded the case for further proceedings. The court held that the contractually shortened two-year statute of limitations in the Proposal for Services was unenforceable under Mississippi law. The court did not address the enforceability of the forum-selection clause, leaving that issue for the circuit court to consider on remand. View "ACE American Insurance Company v. Hetsco, Inc." on Justia Law

In the early morning of April 29, 2020, Davonta Wells went to his former girlfriend Taharika Smith's home and, after being denied entry, fired six shots into the residence. Wells was identified as the shooter by Smith, a guest named James Rice, and a neighbor, Pierre Beard. Wells was charged with shooting into an occupied dwelling and possession of a firearm by a convicted felon. He was tried by a jury in the Circuit Court of Lowndes County, Mississippi, and convicted on both counts. Wells was sentenced as a nonviolent habitual offender to ten years for shooting into an occupied dwelling and ten years with four years suspended for possession of a firearm by a convicted felon, to run consecutively.Wells appealed, arguing that the evidence was insufficient to support his conviction for possession of a firearm by a convicted felon because the stipulation of his prior felony was not formally admitted into evidence. The State contended that Wells waived this argument by not objecting at trial and that the stipulation, along with a limiting jury instruction, was sufficient.The Supreme Court of Mississippi reviewed the case and found that Wells was procedurally barred from raising the issue for the first time on appeal. The court also applied the invited error doctrine, noting that Wells had made a tactical decision to stipulate to his prior felony conviction and did not object at trial. The court declined to adopt Wells's proposed requirement for written stipulations to be admitted into evidence, affirming that the current law, which allows for stipulations to be presented through jury instructions, was sufficient. The court held that the stipulation and the limiting instruction provided to the jury met the evidentiary requirements, thus affirming Wells's conviction for possession of a firearm by a convicted felon. View "Wells v. State of Mississippi" on Justia Law

Laquon Fluker was convicted of conspiracy to commit aggravated assault. The incident involved Fluker and others allegedly attacking James Bryant in a prison cell, resulting in Bryant being stabbed. Fluker requested a jury instruction on the lesser-included offense of conspiracy to commit simple assault, which the trial court denied. The jury found Fluker not guilty of aggravated assault but guilty of conspiracy to commit aggravated assault.The Forrest County Circuit Court denied Fluker's request for the lesser-included-offense instruction. The Court of Appeals affirmed this decision, reasoning that the presence of shanks and the nature of the attack indicated an intent to commit aggravated assault. The appellate court held that the evidence did not support a finding of negligence, which would be necessary for a simple assault instruction.The Supreme Court of Mississippi reviewed the case on certiorari. The court found that the trial court erred in denying the lesser-included-offense instruction. The Supreme Court held that, based on the testimony of a co-conspirator, a reasonable jury could have found Fluker guilty of conspiracy to commit simple assault rather than aggravated assault. The court emphasized that the jury should have been allowed to consider whether the agreement among the conspirators was to commit simple assault. Consequently, the Supreme Court reversed the judgments of the Court of Appeals and the Forrest County Circuit Court and remanded the case for a new trial. View "Fluker v. State" on Justia Law