Justia Mississippi Supreme Court Opinion Summaries

Charles McCollum was convicted by jury on one count of grand larceny for stealing several items from property owned by Brian Mangum. He appealed, claiming the trial court erred by refusing to suppress evidence obtained from the search of his residence, allowing prejudicial hearsay, and denying McCollum’s motion for a mistrial. Finding no error, the Mississippi Supreme Court affirmed. View "McCollum v. Mississippi" on Justia Law

Joshua Dukes was convicted of capital murder and was sentenced to life without parole in the custody of the Mississippi Department of Corrections. Dukes appealed, contending: (1) the trial court erred when it allowed the State to rebut Dukes’s alibi witness with a rebuttal witness who had not been disclosed as required by Mississippi Rule of Criminal Procedure 17.4; (2) his trial was rendered unfair when the State violated the trial court’s order in limine pertaining to his other crimes; and (3) hearsay rendered his trial unfair and denied him due process of law. Finding no reversible error, the Mississippi Supreme Court affirmed Dukes’ conviction. View "Dukes v. Mississippi" on Justia Law

Larry Stuart was convicted of felony filming a person without her knowledge when she had an expectation of privacy. He was sentenced to serve five years, day for day, in the custody of the Mississippi Department of Corrections, and he was ordered to register as a sex offender. He appealed. Finding no reversible error, the Mississippi Supreme Court affirmed Stuart's conviction. View "Stuart v. Mississippi" on Justia Law

Daryl Redd was indicted on two counts of aggravated assault. A jury found Redd guilty of the first count—aggravated assault, causing bodily injury to April Stevenson by shooting her in the leg with a deadly weapon. The jury found Redd not guilty of the second count—aggravated assault, attempting to cause bodily injury to Jordan Gaston by shooting at him with a deadly weapon. Finding no reversible error in the trial court judgments, the Mississippi Supreme Court affirmed Redd's convictions and sentence. View "Redd v. Mississippi" on Justia Law

Earl Young was indicted for gratification of lust and was sentenced to fifteen years without the possibility of parole as a habitual offender. The trial court held a sentencing hearing; prior to the hearing, a “Pre-Post Sentence Investigation” report was submitted to the court, containing a section detailing Young’s prior criminal record. The report did not contain any information regarding the length of Young’s prior sentences for these felony convictions or the dates on which the incidents took place. Based on the report, the court found that Young had been convicted of two prior felonies and, therefore, sentenced Young as a habitual offender. On appeal, Young challenged the sufficiency of both the indictment and the evidence presented at sentencing used as grounds for his sentence. The Mississippi Supreme Court found Young's indictment argument was not preserved for appeal: because the indictment was defective as to its form and could have been amended in the trial court, Young’s failure to object at trial waived the issue, and Young was barred from raising it for the first time on appeal. The Court found that the pre-post sentence investigation report only included generalities regarding Young’s alleged prior convictions. It did not specify the statutes under which Young was convicted, the term of any sentences or whether the convictions clearly arose out of separate incidents at different times. "In fact, that information is completely absent from the record in this case." Because the State failed to prove that Young had at least two prior felony convictions that were brought and arose out of separate incidents at different times and that Young was sentenced to separate terms of at least one year for the prior convictions, Young was improperly sentenced as a habitual offender. Therefore, the Court reversed Young’s habitual offender sentence and remanded the case for his resentencing as a nonhabitual offender. View "Young v. Mississippi" on Justia Law

Aaron Mitchell shot and killed Marty Moore. Evidence indicated Moore was the initial aggressor, and Mitchell argued that he shot Moore in self-defense. Mitchell moved for the State to produce the autopsy report for Moore’s body. When it became clear that an autopsy report was not forthcoming because an autopsy had not been completed, Mitchell moved for an autopsy to be conducted, but the trial court denied his motion. The State’s representations on whether a partial or preliminary autopsy was performed were unclear and contradictory. Mitchell argued that the lack of autopsy violated his due process right to present a complete defense. Because the record did not contain sufficient information for it to make a determination that reversible error was committed, the Mississippi Supreme Court affirmed Mitchell’s conviction. View "Mitchell v. Mississippi" on Justia Law

Amondo Stewart was convicted of “possession of methamphetamine, a schedule II controlled substance.” On appeal, Stewart argued the trial court erred in admitting evidence that was obtained in violation of his Fourth Amendment and Miranda rights. The Mississippi Supreme Court found that Stewart failed to raise these arguments at trial court and was now barred from bringing them on appeal. Although, under the doctrine of plain error, the Court found it may evaluate whether a defendant’s substantive or fundamental rights have been affected, Stewart failed to ask the Court for such consideration until his reply brief, after which the State had already raised a waiver argument. Therefore, the Court found that although his arguments were barred, no error plainly appeared in the trial court record. Stewart’s conviction and sentence were thus affirmed. View "Stewart v. Mississippi" on Justia Law

Leroy "Lucky" Turner (aka, "Chino") admittedly shot Jeffrey Johnson in the back following a confrontation outside a convenience store. At his trial for aggravated assault, Turner claimed he acted out of fear for himself and his sixteen-year-old nephew. But video surveillance and eyewitness testimony supported the State’s theory that Turner was the aggressor. A jury convicted Turner as charged, for which Turner was sentenced to fifteen years' imprisonment with three suspended. Turner appealed, but finding no reversible error, the Mississippi Supreme Court affirmed Turner's conviction. View "Turner v. Mississippi" on Justia Law

Petitioner Bob Hickingbottom filed a Qualifying Statement of Intent, declaring his candidacy to be the Democratic Party’s nominee for governor. On February 10, 2023, Jim Newman sent a letter to the Democratic Party Executive Committee (DEC) to challenge Hickingbottom’s qualifications as a candidate. Specifically, Newman’s letter claimed that when running on the Constitution Party ticket in the 2019 gubernatorial election, Hickingbottom failed to file a statement of organization in violation of Mississippi Code Section 23-15-803 (Rev. 2018) and a statement of economic interest in violation of Mississippi Code Section 25-4-25 (Rev. 2018). On February 13, 2023, Tyree Irving, the chairman of the DEC, emailed Hickingbottom to notify him of Newman’s letter and to inform him that a hearing via Zoom would be conducted on February 14, 2023, to address Newman’s challenges. Then on February 14, 2023, the hearing was rescheduled to February 16, 2023, “to consider the challenges to the qualifications of several of the candidates running.” Hickingbottom was present and was given an opportunity to be heard by the DEC and to rebut Newman’s challenges to his qualifications. On February 17, 2023, Andre Wagner, the executive director of the DEC, emailed Hickingbottom to notify him that the DEC had voted and decided not to certify Hickingbottom because “[s]adly, [he] did not meet the statutory requirements[.]” Counsel for Hickingbottom sent a letter to the DEC seeking reconsideration of its decision, or in the alternative, a hearing on the disqualification. Hickingbottom ultimately filed suit in court seeking to overturn the disqualification. The court ultimately ruled in Hickingbottom's favor, ordering he be placed on the ballot. The DEC appealed. The issue before the Mississippi Supreme Court in this case was whether Hickingbottom's petition for judicial review was time barred. The Court found that because the petition for review was filed pursuant to Mississippi Code Section 23-15-961 (Rev. 2018)—which provided the exclusive procedure for such an appeal—Hickingbottom’s petition for judicial review was untimely filed and, therefore, his petition for judicial review was time barred. View "Mississippi State Democratic Party v. Hickingbottom" on Justia Law

William Chisholm killed his former girlfriend, Dr. Shauna Witt, by shooting her to death. Dr. Witt had broken up with Chisholm and recently obtained a restraining order against him. She was examining a patient at her optometry office in Starkville, Mississippi when Chisholm barged in. He opened the office’s front door, walked through the hall to an interior exam room, and overpowered Dr. Witt, forcing his way into the exam room. He then pulled out a pistol. Dr. Witt was able to squirm past Chisholm and out of the examination room into the hall. But as she ran for her life, Chisholm opened fire—shooting her in the back and in the back of her head. Eyewitnesses saw the shooting. And surveillance video footage captured the audio of shots being fired. It also showed Chisholm pacing between the optometry office and Wal-Mart Vision Center—with pistol still in hand—immediately after he killed Dr. Witt. A jury convicted Chisholm of capital murder. He was sentenced to life imprisonment. Chisholm appealed his conviction, but finding no reversible error in the trial court proceedings, the Mississippi Supreme Court affirmed Chisholm's conviction and sentence. View "Chisholm v. Mississippi" on Justia Law