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Devin Arrington was indicted by grand jury for armed robbery. After jury selection, Arrington requested a continuance to allow him to retain new counsel, which was denied. During his attorney’s opening statement, Arrington interrupted and declared that he did not want his counsel to continue representing him. After a jury trial, Arrington was found guilty. Arrington filed a Motion for J.N.O.V. or, in the Alternative, Motion for New Trial. Both motions were denied. The Mississippi Supreme Court affirmed Arrington’s conviction for armed robbery. Arrington abandoned each of his arguments on appeal by failing to make them: failing to cite authority, or failing to identify the arguments for review. "Even if Arrington’s claims were not abandoned, Arrington’s arguments are either without merit or are based on facts not fully apparent from the record." View "Arrington v. Mississippi" on Justia Law

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The Adams County, Mississippi Board of Supervisors (Board) designated Mount Airy Plantation Road as a public road, placing it on the official county road register in 2000. John Seyfarth petitioned the Board to abandon the portion of the road that dead ended into his property. He alleged that people were using the road to reach his property and trespass on it. The Board declined to abandon the road, denied Seyfarth’s request for damages, and did not address his requests that the Board take action to abate the nuisances he experienced. Seyfarth appealed to the circuit court, which affirmed the Board’s decisions not to abandon the road and not to award damages. But the circuit court ordered the Board to reasonably abate any nuisances to Seyfarth. Seyfarth appealed the circuit court’s ruling to affirm the Board’s decision not to abandon the road and not to award damages, and the Board cross-appealed the order that it abate any nuisances. Because Seyfarth had no remedy on the record before the Mississippi Supreme Court, it affirmed the circuit court’s judgment affirming the Board’s decisions declining to abandon the road and declining to award damages. But because, on this record, the Board had no legal authority to abate any nuisance in the manners suggested, the Supreme Court reversed and rendered the circuit court’s order mandating that the Board abate any nuisance. View "Seyfarth v. Adams County Board of Supervisors" on Justia Law

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Judy Johnson appealed the circuit court's affirmance of a county court judgment granting Ronnie Goodson’s motion for summary judgment. Johnson claimed she was injured while she was an invited guest on Goodson’s property and a passenger in his golf cart. Johnson sued Goodson, alleging Goodson had operated the golf cart carelessly, recklessly, and negligently, causing Johnson to be thrown about in the vehicle and to suffer injuries. Johnson filed a motion for summary judgment, arguing that, at the time of the accident, Goodson was the operator of a motor vehicle, and, as such, the applicable standard of care was that of a reasonable person. Johnson argued Goodson breached his duty of care by operating a vehicle on his property in an unsafe manner, proximately causing Johnson’s injuries. Goodson responded that Johnson was a licensee, that he did not breach any duties owed to her as a licensee, and the standard Johnson sought was not applicable. In Goodson’s motion for summary judgment, he sought to be shielded from ordinary negligence by alleging that Johnson’s cause of action was one of premises liability, and that he, as a landowner, only owed Johnson, a licensee, a duty to refrain from wilfully, wantonly, knowingly, or intentionally injuring her. Were premises liability the only law applicable, the Mississippi Supreme Court opined the trial and appellate courts would be affirmed. But given the facts presented, the Supreme Court concluded both erred: that the circumstances surrounding a moving golf cart, which the property owner was driving, raise an issue of negligence proper for resolution by the trier of fact. View "Johnson v. Goodson" on Justia Law

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Genesis Hospice LLC provided outpatient hospice care to Medicaid beneficiaries in the Mississippi Delta. Claims Genesis submitted outside the norm, prompting a Mississippi Division of Medicaid audit. A statistical sample of 75 of the 808 billed claims were reviewed, and of that 75, 68 claims were not substantiated by the patients’ records and thus not eligible for payment. The auditing physicians specifically found that the patient records for the 68 rejected claims lacked sufficient documentation to support the given terminal-illness diagnosis and/or lacked documentation of disease progression. Medicaid’s statistician extrapolated that 68 of 75 unsupported claims represented a total overpayment of $1,941,285 for the 808 claims Genesis billed during the relevant time period. And Medicaid demanded Genesis repay this amount. Medicaid’s decision has been affirmed in an administrative appeal before Medicaid and by the Hinds County Chancery Court, sitting as an appellate court. On further appeal to the Mississippi Supreme Court, Genesis essentially argued Medicaid unfairly imposed documentation requirements not found in the federal or state Medicaid regulations. Genesis insisted the only requirement was a physician’s certification that in his or her subjective clinical judgment the patient was terminally ill, which Genesis provided. The Supreme Court found the regulations were clear: a physician’s certification of terminal illness is indeed required, but so is documentation that substantiates the physician’s certification. Because Genesis’ records failed to support 90 percent of its hospice claims, Medicaid had the administrative discretion to demand these unsupported claims be repaid. Therefore, the Supreme Court affirmed. View "Genesis Hospice Care, LLC v. Mississippi Division of Medicaid" on Justia Law

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James Allen Insurance Brokers (JAIB) and Certain Underwriters at Lloyd’s, London, Subscribing to Certificate No. FRO-100944 (Lloyd’s) petitioned the Mississippi Supreme Court for interlocutory review of the Simpson County, Mississippi Circuit Court’s order granting partial summary judgment in favor of First Financial Bank (FFB). The trial court held that FFB was entitled to insurance proceeds from a fire loss that occurred at Luther and Freda Feazell’s poultry farm, because JAIB and Lloyd’s failed to comply with Mississippi law requiring notice of cancellation of property insurance. JAIM and Lloyd's claimed the Feazells' premium was not received on time; the effective date of the policy at issue here was reset to the date premium was paid. The Supreme Court determined coverage was effective December 13, 2013, and under the terms of the binder, and FFB having been listed in the binder as a mortgagee/loss payee, triggered Miss. Code Ann. Section 83-5-28(1)’s notification requirements. JAIB and Lloyd’s failed to comply with those statutory notification requirements; therefore, they were liable to FFB for its loss. Accordingly, the Supreme Court determined the trial court correctly granted partial summary judgment in favor of FFB. View "James Allen Insurance Brokers and Certain Underwriters at Lloyd's, London, Subscribing to Certificate NO. FRO-100944 v. First Financial Bank" on Justia Law

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A jury found Jason McGrath guilty of four counts of sexual battery by a person in a position of trust and one count of touching a child for lustful purposes, charges stemming from McGrath’s sexual assault and molestation of his stepdaughter, M. M. He was sentenced to forty years’ imprisonment. On appeal, McGrath argued the trial judge wrongly admitted Rule 404(b) evidence of McGrath’s previous sexual assaults and molestations of a different stepdaughter and his adopted daughter. The Mississippi Supreme Court found there were several legitimate purposes supporting these admissions, and saw no abuse of discretion in these rulings. View "McGrath v. Mississippi" on Justia Law

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A county court judge granted Lisa Evans’s motion for a directed verdict in Michael Malouf’s tort-based lawsuit over boat repairs promised and paid for but allegedly never made. The judge dismissed the case after finding Malouf failed to prove Lisa and her deceased husband, a boat mechanic, had been in a partnership when doing business as Lake Harbour Marine. But in granting Lisa a directed verdict, the court wrongly gave Lisa, not Malouf, favorable evidentiary inferences drawn from Malouf’s testimony and did not take Malouf’s testimony as true, as was required before a trial judge can take a case away from a jury. The Mississippi Supreme Court concluded the trial judge also incorrectly found that insufficient proof of a partnership between Lisa and her husband was dispositive of all of Malouf’s tort claims - even those that did not hinge on the existence of a partnership. The Court found that when Malouf’s testimony and evidence was taken as true and he was given all reasonable inferences, the evidence at least created a jury issue on whether Lisa, as her husband’s partner, was liable for his actions in the boat-repair shop. It was also error for the county court and appellate court to cite the supposed lack of a partnership as reason to dismiss Malouf’s claims against Lisa individually for her own alleged fraudulent or negligent misrepresentations. The Court therefore reversed the trial court and remanded for further proceedings. View "Malouf v. Evans" on Justia Law

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In 2016, a grand jury indicted Alvin Wilson for sexual battery, specifically for the willful, unlawful and felonious sexual penetration of a child under the age of 14. The indictment provided that at the time of the sexual battery, Wilson was over the age of eighteen and was twenty-four months older than the victim. A jury found Wilson guilty of sexual battery as charged. The trial court sentenced Wilson to thirty-five years, with thirty years to be served day for day followed by five years of supervised post release supervision. Wilson appealed, arguing that the trial court erred by: (1) admitting into evidence a video recording of his interview with law enforcement; and (2) proceeding with his trial and sentencing in absentia. Finding no error, the Mississippi Supreme Court affirmed Wilson’s conviction and sentence. View "Wilson v. Mississippi" on Justia Law

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Judge Jimmy McGee served as a justice court judge for Alcorn County, Mississippi, Post Two. Judge McGee failed to issue final orders on civil matters after conducting hearings and holding cases in abeyance. Furthermore, Judge McGee was charged with retaliatory action against former Alcorn County Justice Court Clerk Jone Dixon based on Judge McGee’s appearance before the Alcorn County Board of Supervisors during executive session. But after further investigation and review of affidavits provided by Judge McGee, the Commission determined that Judge McGee had not engaged in any form of retaliation. The Mississippi Commission on Judicial Performance filed a formal complaint against Justice Court Judge McGee; he stipulated that his conduct violated the following canons of the Code of Judicial Conduct: Canons 1, 2A, 3A, 3B(1), 3B(2), 3B(8), and 3C(1). Judge McGee also stipulated that such actions constituted misconduct in office and conduct prejudicial to the administration of justice which brings the judicial office into disrepute pursuant to article 6, section 177A, of the Mississippi Constitution. The Commission and Judge McGee agreed to a proposed recommendation of a public reprimand and a $1,683.34 fine. The Commission and Judge McGee filed a joint motion for approval of the recommendation with this Court. After consideration, the Mississippi Supreme Court affirmed the Commission’s recommendation of a public reprimand and $1,683.34 fine. View "Mississippi Commission on Judicial Performance v. McGee" on Justia Law

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Families filed suit at the Circuit Court seeking, inter alia, a declaratory judgment that they owned lignite under a Mississippi Power Company (“MPC”) plant built on land MPC had purchased, a fact not disputed by any party. One month later, MPC filed suit to confirm and quiet title to its property and further asserted that lignite could only be removed economically by surface mining, a fact not disputed by any party. MPC asked to enjoin all defendants from asserting any right, title, or interest to the lignite. Alternatively, MPC asked for a declaratory judgment that lignite removal would deplete and destroy the surface of its land, rendering it unusable, a fact not disputed by any party. Two orders at issue before the Mississippi Supreme Court were "authored by two learned trial judges—one chancery, one circuit." Although the Supreme Court's review was de novo, the applicable law was neither new nor novel. Because neither trial court failed to follow controlling law, the Supreme Court affirmed. View "Barham v. Mississippi Power Company" on Justia Law