Justia Mississippi Supreme Court Opinion Summaries

Casey Cotton was involved in a car collision with Caleb and Adriane Crabtree, resulting in severe injuries to Caleb. The Crabtrees filed a lawsuit against Cotton and his insurer, Allstate, alleging that Allstate refused early settlement offers and failed to inform Cotton of these offers. While the claims against Allstate were dismissed, the claims against Cotton proceeded in the Lamar County Circuit Court. During the personal injury suit, Cotton declared bankruptcy, and his bankruptcy estate included a potential bad faith claim against Allstate. The Crabtrees, as unsecured creditors, petitioned the bankruptcy court to allow the personal injury suit to proceed to trial.The bankruptcy court directed that the suit against Cotton be liquidated by jury trial to pursue claims against Allstate for any resulting excess judgment. The Crabtrees sought an assignment of Cotton’s bad faith claim as a settlement of their unsecured claims in Cotton’s bankruptcy estate. Unable to afford the $10,000 up-front cost, they engaged Court Properties, LLC, to assist with financing. Court Properties paid the trustee $10,000 to acquire the bad faith claim, then assigned it to the Crabtrees in exchange for $10,000 plus interest, contingent on successful recovery from Allstate. Cotton was discharged from bankruptcy, and a jury verdict awarded the Crabtrees $4,605,000 in the personal injury suit.The Crabtrees filed an action in the United States District Court for the Southern District of Mississippi, which dismissed the case for lack of subject matter jurisdiction, finding the assignments champertous and void under Mississippi Code Section 97-9-11. The Crabtrees appealed to the United States Court of Appeals for the Fifth Circuit, which certified a question to the Supreme Court of Mississippi.The Supreme Court of Mississippi held that Mississippi Code Section 97-9-11 prohibits a creditor in bankruptcy from engaging a disinterested third party to purchase a cause of action from a debtor. The court clarified that solicitation of a disinterested third party to prosecute a case in which it has no legitimate interest violates the statute. View "Crabtree v. Allstate Property and Casualty Insurance Company" on Justia Law

Shanda Yates was bitten by a pit bull named Yurk while visiting her friend Neah Friar, who rented a property from TLM Investments, LLC. Friar's lease had a no-pet provision, which she disregarded by keeping Yurk and concealing his presence from TLM. Yates filed a personal injury claim against both Friar and TLM, alleging negligence on TLM's part for allowing Yurk on the property and claiming protections under the lease.The Prentiss County Circuit Court denied TLM's motion for summary judgment, leading to an interlocutory appeal. TLM argued that it had no knowledge of Yurk's presence or his dangerous propensities, as Friar had intentionally concealed the dog. TLM also contended that Yates failed to establish herself as an intended third-party beneficiary under the lease.The Supreme Court of Mississippi reviewed the case de novo and found that Yates did not provide evidence that TLM had actual or constructive knowledge of Yurk or his dangerous propensities. The court noted that the no-pet provision in the lease was not an admission that all dogs are dangerous but was intended to prevent property damage. Additionally, the court found that Yates did not have standing to claim protections under the lease as she was not a party to it and was not an intended third-party beneficiary.The Supreme Court of Mississippi reversed the trial court's denial of summary judgment, rendered summary judgment in favor of TLM, and remanded the case to the Prentiss County Circuit Court for any necessary further proceedings. The case against TLM was dismissed with prejudice. View "TLM Investments, LLC v. Yates" on Justia Law

In 2022, Jayme Lynn Tubbs was indicted by a Quitman County Grand Jury along with Keith Coleman Jr. for conspiring to commit murder, first-degree murder, and desecration of a human corpse. They were tried jointly, and after the State rested its case, the trial judge dismissed the conspiracy charges. The jury found both defendants guilty on all other counts. Tubbs moved for a judgment notwithstanding the verdict or a new trial, which was denied. After Tubbs appealed, the trial court granted Coleman a new trial due to a discovery violation. Tubbs's appeal was stayed for an evidentiary hearing, which found a Brady violation, leading to a new trial for Tubbs.In September 2023, Tubbs and Coleman were retried and found guilty on all counts. Tubbs was sentenced to life imprisonment for the murders and three years for desecration of a human corpse, to run concurrently. Tubbs again moved for a judgment notwithstanding the verdict or a new trial, which was denied.The Supreme Court of Mississippi reviewed the case. Tubbs raised two issues: the sufficiency of the evidence for her murder convictions and the admissibility of Chief Deputy Peter Clinton’s testimony regarding her confession. The court found sufficient evidence to support the convictions, noting Tubbs's active participation in the planning, execution, and aftermath of the murders. The court also ruled that Clinton’s testimony was not hearsay under Mississippi Rule of Evidence 801(d)(2)(A) and that the best evidence rule did not apply to exclude his testimony. The court affirmed Tubbs's convictions and sentences. View "Tubbs v. State of Mississippi" on Justia Law

Tennessee Gas Pipeline Company, LLC (Tennessee Gas) provides natural gas transportation services and purchased tangible personal property for use in Mississippi, paying use tax on these purchases. However, Tennessee Gas later paid freight charges to a third-party carrier to ship these goods to Mississippi and did not include these charges in its tax base for the use tax calculation. The Mississippi Department of Revenue (MDOR) conducted a use-tax audit for the period of November 1, 2016, through November 30, 2019, and assessed use tax on the freight charges.Tennessee Gas appealed the assessment to MDOR’s Board of Review and then to the Board of Tax Appeals (BTA), arguing that the freight charges were not taxable under Mississippi Code Sections 27-67-3 and -5 because they constituted a separate transaction from the purchase of tangible personal property. The BTA agreed with Tennessee Gas. MDOR then appealed to the Hinds County Chancery Court, which granted summary judgment in favor of Tennessee Gas, finding that the freight charges paid to a third-party carrier were not subject to use tax.The Supreme Court of Mississippi reviewed the case de novo. The court held that MDOR did not meet its burden of proving its statutory power to tax Tennessee Gas for freight charges paid to a third party. The court found that the use tax statutes and sales tax statutes must be read in conjunction, and the purchase of shipping services from an independent third party constituted a separate, closed transaction. Therefore, the freight charges should not be included in the use tax base. The court affirmed the chancery court’s decision. View "Mississippi Department of Revenue v. Tennessee Gas Pipeline Company, LLC" on Justia Law

Shannon Reed arrived at Baptist Memorial Hospital-Golden Triangle's emergency room with severe chest pain, nausea, shortness of breath, and numbness in his left arm. Dr. Keith McCoy ordered several tests, including EKGs and Troponin measurements. Despite Reed's fluctuating pain levels, he was discharged with a diagnosis of unspecified chest pain and instructions to follow up with a cardiologist. Reed died later that night. Oliver Miller, on behalf of Reed's wrongful-death beneficiaries, filed medical negligence claims against the hospital, United Emergency Services, and Dr. McCoy.The Lowndes County Circuit Court denied the defendants' motions for summary judgment, finding genuine issues of material fact for the jury to determine. The defendants argued that Miller's claims failed due to lack of causation, as affidavits from cardiologists indicated they would not have admitted Reed even if consulted. The court found that Miller's experts provided sufficient evidence of breaches in the standard of care that could have contributed to Reed's death.The Supreme Court of Mississippi reviewed the case and affirmed the circuit court's denial of summary judgment in part, while reversing and rendering in part. The court held that Miller failed to establish causation for the claim that Dr. McCoy should have admitted Reed to the hospital, as the on-call cardiologists would not have admitted him. However, the court found that Miller's other claims, including improper discharge and failure to report pain increase, presented genuine issues of material fact. The case was remanded to the Lowndes County Circuit Court for further proceedings. View "United Emergency Services of Mississippi, Inc. v. Miller" on Justia Law

Damaris Quinn was convicted in the Clay County Circuit Court of attempted murder and possession of a firearm by a convicted felon. The incident occurred on October 18, 2016, when Quinn shot his wife, Basheeba Ward, five times with a .32 caliber revolver. The shooting took place at Quinn's mother's house, where the couple was living. Ward survived the shooting and testified that Quinn shot her after an argument about her not wearing her wedding ring. Quinn's aunt and mother also provided testimony about the events surrounding the shooting.The jury found Quinn guilty of both charges. Quinn appealed his attempted murder conviction, arguing that the trial court erred by denying a jury instruction related to his defense and that there was insufficient evidence to support his conviction. The trial court had denied a motion for a directed verdict on the attempted murder charge, asserting that the State failed to establish the element of intent for attempted murder.The Supreme Court of Mississippi reviewed the case and found no merit in Quinn's claims. The court held that the jury instruction provided by the trial court properly tracked the attempted-murder statute and that the evidence presented at trial was sufficient for a reasonable jury to find Quinn guilty beyond a reasonable doubt. The court noted that intent could be inferred from Quinn's actions, including shooting Ward multiple times and reloading the gun. The court affirmed Quinn's convictions for attempted murder and possession of a firearm by a convicted felon. View "Quinn v. State of Mississippi" on Justia Law

Attorney Zachary Jex was hired to defend Jerrell Davis on charges of first-degree murder and aggravated assault. After a mistrial in January 2022, a second trial was scheduled for September 12, 2023. During jury selection, the trial was delayed due to a malfunctioning air conditioner. The next day, Jex negotiated a plea deal for Davis, which included dropping the aggravated assault charge and pleading guilty to two counts of manslaughter. The prosecution agreed, but the judge required Jex to pay the jury costs as a condition for accepting the plea.The Claiborne County Circuit Court issued an order requiring Jex to pay $4,141 for the jury costs. Jex contested this order, arguing that he should not be responsible for the costs. The court treated his argument as a motion to reconsider and denied it. Jex then submitted a written motion to reconsider, which was also denied, leading to his appeal.The Supreme Court of Mississippi reviewed the case. The court found that Jex had voluntarily agreed to pay the jury costs during the plea hearing and that the trial judge had the authority to impose these costs under Rule 3.13 of the Uniform Civil Rules of Circuit and County Court Practice. The court also rejected Jex's arguments that he was under duress, that Rule 3.13 was misapplied, and that the prosecution's actions constituted misconduct.The Supreme Court of Mississippi affirmed the order of the Claiborne County Circuit Court, holding that Jex was required to pay the jury costs as he had agreed during the plea negotiations. View "In Re: Jex" on Justia Law

The case involves the Mississippi Apartment Association (MAA) and other property owners challenging an ordinance adopted by the Jackson City Council. The ordinance imposed registration and inspection requirements on rental housing units in Jackson. MAA appealed the city council's decision in the Hinds County Circuit Court but did not request a stay of the ordinance's implementation. Subsequently, MAA filed a separate action in the Hinds County Chancery Court seeking injunctions against the ordinance's enforcement, arguing that the planning department's interpretation and enforcement of the ordinance were unlawful.The Hinds County Chancery Court dismissed MAA's claims for lack of jurisdiction, stating that the circuit court had exclusive jurisdiction over the appeal of the city council's decision under Mississippi Code Section 11-51-75. The chancery court found that the circuit court also had pendent jurisdiction over MAA's equitable claims regarding the ordinance's enforcement.The Supreme Court of Mississippi reviewed the case and affirmed the chancery court's decision. The court held that the circuit court had exclusive jurisdiction over the appeal of the city council's decision and pendent jurisdiction over related claims regarding the ordinance's enforcement. The court emphasized that allowing a separate action in the chancery court could lead to contradictory rulings and confusion. The court also noted that MAA had an adequate remedy at law in the circuit court and could have requested a stay of the ordinance's implementation under Mississippi Rule of Civil Procedure 62. View "Mississippi Apartment Association v. City of Jackson" on Justia Law

A sixteen-year-old female, through her mother, filed a petition to change her legal name to a more masculine one as part of her gender transition. Both parents consented to the name change. The Mississippi State Board of Health (MSBH) was named as a respondent and acknowledged the petition, stating it would annotate the minor’s birth certificate if the court ordered the name change.The Hinds County Chancery Court held a hearing on the petition, where the minor and her parents were present. The chancellor decided to dismiss the petition without prejudice, stating that the minor needed to mature more before the court would consider the name change.The petitioner appealed the decision. The Supreme Court of Mississippi reviewed the case and upheld the chancellor’s decision. The court emphasized that under Mississippi law, a chancellor may only grant a minor’s name change if it is clearly in the best interest of the child. The court found that the chancellor did not manifestly err in determining that the minor needed to mature more before making such a significant decision. The court also noted that the chancellor’s decision was consistent with Mississippi’s public policy against children receiving life-altering gender-transition assistance due to their lack of maturity. The Supreme Court of Mississippi affirmed the chancellor’s dismissal of the name-change petition. View "In The Matter of The Petition of S.M.-B. v. Mississippi State Board of Health" on Justia Law

Eltory Hawkins was convicted by a jury of one count of sexual battery and two counts of fondling his girlfriend’s minor daughter. The Desoto County Circuit Court sentenced him to thirty-five years for sexual battery, ten years for each count of fondling (to run consecutively with the thirty-five years and concurrently with each other), and five years of post-release supervision. Hawkins was also required to register as a sex offender.Hawkins's first trial in March 2022 ended in a mistrial due to juror misconduct. Juror 86 was dismissed for inappropriate behavior, including communicating with other jurors and an audience member. Another juror, Juror 3, disclosed knowing a defense witness but claimed impartiality. The circuit court declared a mistrial, citing potential jury taint. Hawkins's motion to dismiss the case on double jeopardy grounds was denied, and a second trial was scheduled.In the second trial in November 2022, the State presented testimony from several witnesses, including the victims. Lily testified that Hawkins had sexually assaulted her multiple times. Hawkins moved for a directed verdict, arguing insufficient evidence, but the motion was denied. The jury found Hawkins guilty on three counts, and he was sentenced accordingly.The Supreme Court of Mississippi reviewed the case and affirmed the conviction and sentence. The court held that the evidence was sufficient to support the convictions, as Lily's testimony alone was enough for a reasonable juror to find Hawkins guilty beyond a reasonable doubt. The court also found that the jury's verdict was not against the overwhelming weight of the evidence. Lastly, the court ruled that the mistrial in the first trial was justified due to manifest necessity, given the juror misconduct, and did not violate Hawkins's protection against double jeopardy. View "Hawkins v. State" on Justia Law