Edward Ware was convicted of possession of a weapon by a convicted felon. Ware appealed, and his counsel filed a “Lindsey” brief, stating she searched the record but was unable to find any arguable issues for appellate review. Ware was given the opportunity to file a pro se brief, but he declined. After review of the record, and finding no arguable issues, the Mississippi Supreme Court affirmed Ware’s conviction. View "Ware v. Mississippi" on Justia Law

E.C. alleged she was sexually assaulted on the premises of Pass Christian High School. The Youth Court adjudicated the alleged perpetrators not delinquent. Later, Roy and Kimberly Cuevas, individually, and on behalf of their minor daughter, E.C., filed a negligence action seeking damages from the Pass Christian School District associated with the alleged assault. Pass Christian unsuccessfully sought the records from the youth-court action to use in its defense in the civil case. It argued on appeal that the youth-court judge abused her discretion in denying its requests for disclosure of the youth-court records and trial transcripts relating to the three minor perpetrators. It also argued it would be denied due process and fairness if the sworn testimony of E.C. were not released due to the confidentiality rules protecting the subjects of youth-court actions. The Mississippi Supreme Court reversed and remanded for the circuit court to conduct an in camera review of the youth-court record to determine whether any of it should have been disclosed. View "In the Interest of M.D.G. v. Harrison County Youth Court of Mississippi" on Justia Law

The Mississippi Commission on Judicial Performance (the “Commission”) recommended that the Mississippi Supreme Court publicly reprimand and assess a $500 fine against Judge Frank Sutton, a justice court judge for Post Three in Hinds County, Mississippi. Based on complaints against Judge Sutton, the Commission initiated an inquiry into his role in two matters. This investigation led to the Commission’s filing a formal complaint. Judge Sutton did not file an answer to the complaint; instead, he and the Commission stipulated to agreed facts. The Commission then unanimously adopted those facts in its findings of fact and recommendation. The Commission made this recommendation after finding by clear and convincing evidence that Judge Sutton’s conduct constituted misconduct in violation of the Code of Judicial Conduct as well as Section 177A of the Mississippi Constitution of 1890. The Supreme Court agreed with the Commission that Judge Sutton’s conduct constituted misconduct. The Court disagreed, however, with the Commission’s imposition of sanctions. Instead, the Supreme Court ordered a public reprimand, fined Judge Sutton $500 and suspended Judge Sutton for thirty days without pay. View "Mississippi Commission on Judicial Performance v. Sutton" on Justia Law

Green Hills Development Company, LLC, forfeited property to the State for failure to pay taxes. Five years later, the State sold the property, following the statutory procedure under which the Secretary of State accepts written applications to purchase and, if an application is approved, issues a land patent. After learning of the sale, Green Hills sued the Secretary of State and the purchasers to have the land patents set aside. Green Hills argued it had been entitled to notice of the purchasers’ pending applications. Had it been properly notified, Green Hills claimed it would have filed its own application. And its application would have received priority based on Green Hills’ status as former owner. Green Hills also sued one of the purchasers for interfering with its rights as developer to enforce protective covenants and maintain common areas within the development. The Defendants successfully moved for summary judgment on Green Hills’ notice-based claims. The trial court ruled that the notice provision on which Green Hills relied was no longer in effect when the purchasers submitted their applications. And under the then-current administrative rules, Green Hills undisputedly received all required notice. The court further ruled the priority status for former owners’ applications was contingent on Green Hills’ filing an application, which Green Hills never did. After review, the Mississippi Supreme Court affirmed this part of the trial court’s judgment: the record confirmed the material facts were not in dispute, and Green Hills received all required notice, and never filed an application to purchase, despite multiple opportunities. So the Defendants were entitled to a judgment as a matter of law on Green Hills’ notice-based claims. However, the Supreme Court reversed the trial court’s ruling that Green Hills lacked standing to challenge the validity of the land patents issued. Because Green Hills’ claims based on the development’s protective covenants and common areas were still pending, Green Hills had a colorable interest in whether the purchasers held valid land patents. Green Hills also suffered an adverse effect from the purchasers’ countersuit to declare the protective covenants unenforceable and to divest Green Hills of its interest in the common areas. Thus, Green Hills had standing to challenge the land patents’ validity. View "Green Hills Development Company, LLC v. Mississippi Secretary of State" on Justia Law

Bobby Osbourne was convicted of aggravated assault, following a jury trial. Osbourne appealed, claiming that his trial counsel was constitutionally ineffective for numerous reasons: (1) for failing to move for a mistrial after discovering at trial that the handwritten notes taken by one of investigators, who had taken a statement from Osbourne, had not been provided to Osbourne’s defense before trial; (2) for failing to investigate possible exculpatory evidence; (3) for failing to perfect Osbourne’s direct appeal; and (4) for failing to obtain video evidence that corroborated Osbourne’s trial testimony. The State argued the only ineffective-assistance claim that could be addressed on this record was the claim that Osbourne’s trial counsel failed to perfect a direct appeal from Osbourne’s conviction. Accordingly, the State declined to stipulate that the record was adequate to address Osbourne’s remaining ineffective-assistance claims. The Mississippi Supreme Court agreed with the State: given the record before the Supreme Court, it addressed only the ineffective-assistance claim pertaining to trial counsel’s purported failure to perfect a direct appeal, and found no merit to Osbourne’s contention it entitled him to relief. View "Osbourne v. Mississippi" on Justia Law

A standing order in the Third Chancery Court District (Mississippi) set motion days in advance and assigns the particular judge who will preside that day. H. R. Garner, a practitioner in the Third Chancery Court District, knew the directives of this standing order. Yet Garner still claimed that his opposing counsel was judge shopping by filing a contempt petition against Garner’s client and issuing a Rule 81(d) summons that noticed a hearing before a judge who had not been assigned the case. Although his opponent’s actions were authorized by Rule 1.06(C) and the District’s standing order, Garner filed what amounted to a hopeless motion to quash and for sanctions against him. In a twist, the Honorable Vicki Daniels, the judge actually assigned the contempt case, heard Garner’s motion to quash and request for sanctions, which Garner continued to pursue even though he was in front of his preferred judge. After reviewing the motion, Judge Daniels found what Garner’s opposing counsel had done was a “common practice” and was not improper. This prompted Garner’s opposing counsel to urge Judge Daniels to instead sanction Garner for filing a hopeless and frivolous motion, which she did: Garner and his client were sanctioned $1,000 under Rule 11 and the Litigation Accountability Act. Finding no abuse of discretion in Judge Daniels awarding sanctions against Garner, the Mississippi Supreme Court affirmed the sanction. View "Garner v. Smith" on Justia Law

Charles Kuebler appealed the denial of his petition for writ of habeas corpus. Kuebler alleged the employees of the Jackson Detention Center (“JDC”) confiscated and photocopied his legal work, refused to let him meet with his attorneys, and eavesdropped on confidential attorney-client conversations. The circuit court found that Kuebler had not presented sufficient proof to support claims of violations of his constitutional rights and found no merit to the claims. After reviewing Kuebler’s petition and the evidence presented, the Mississippi Supreme Court found the circuit court did not err in denying the petition and affirmed. View "Kuebler v. Mason" on Justia Law

Richard Morrow was convicted of fondling and sentenced as a habitual offender to life in prison without parole. Morrow’s trial counsel did not file a direct appeal. Nevertheless, the trial court allowed Morrow to proceed with an out of time appeal. Morrow raised four issues on appeal: (1) whether the trial court erred in allowing testimony and comments about DNA evidence; (2) whether the victim’s nonverbal responses were ambiguous and therefore insufficient to support the verdict; (3) whether he received ineffective assistance of counsel; and (4) whether cumulative error requires reversal. Finding no reversible error, the Mississippi Supreme Court affirmed. View "Morrow v. Mississippi" on Justia Law

Mar-Jac Poultry MS, LLC (Mar-Jac), appealed the denial of its motion for summary judgment on the Plaintiffs’ claims for negligence, negligence per se, and wrongful death under the theory of respondeat superior after a Mar-Jac employee’s vehicle collided with a school bus on the way to work, killing his two passengers, who were also Mar-Jac employees. Based on the evidence presented, the Mississippi Supreme Court found the trial court erred in denying Mar-Jac’s motion for summary judgment, because it was undisputed that the driver was not acting in the course and scope of his employment with Mar-Jac when the accident occurred. Thus, the Court reversed and entered judgment in favor of Mar-Jac. View "Mar-Jac Poultry MS, LLC v. Love" on Justia Law

Hinds County, Mississippi appealed an administrative order signed by two Hinds County Court judges that appointed and set the salaries of the county court administrator and the deputy county court administrator. The county judges sought to set the salaries of their administrators at an amount greater than the budgeted amount set by the Hinds County Board of Supervisors. In this direct appeal, Hinds County asked the Mississippi Supreme Court that the order be vacated. The Supreme Court found this appeal was not properly before it Court. Therefore, the appeal was dismissed, and the matter remanded to the Circuit Court of the First Judicial District of Hinds County for consideration. View "In Re: In the Matter of the Appointment and Setting Salary for County Court Administrator and Deputy Court Administrator: Hinds County, Mississippi v. Skinner" on Justia Law