Justia Mississippi Supreme Court Opinion Summaries

Rodrique Watson appealed his burglary conviction. When the victim returned home from shopping, she parked her car in an open garage, which was attached to her home. The applicable statute required the State to prove two elements: (1) unlawful breaking and entering the dwelling house and (2) the intent to commit a crime therein. At the jury instruction conference, the State submitted the following: "The Court instructs the Jury that 'breaking' as used in the indictment and in the Court’s instructions, means any act of force, regardless of how slight, which is necessary to be used in entering a building, whether the building be locked or unlocked; The Court further instructs the Jury that the 'force' used to enter the building may be accomplished through the passage of a door, which breaks the plane. Watson objected to the second part of the instruction as a misstatement of the law. The Supreme Court agreed that the trial judge incorrectly instructed the jury that breaking the plane of a door satisfied the force element of burglary of a dwelling. Therefore, the conviction was reversed and the case remanded for a new trial. View "Watson v. Mississippi" on Justia Law

The issue before the Supreme Court in this case centered on local ad valorem taxes on real estate developments that use federal tax credits to construct and maintain restrictive properties that rent only to lower-income households. Specifically, the question was whether local governments could include the value of federal tax credits in their valuation of the properties for tax assessment purposes. The Court held that Mississippi Code Section 27-35-50(4)(d) prohibits them from doing so. View "Willow Bend Estates, LLC v. Humphries County Board of Supervisors " on Justia Law

Lisa Sandlin was convicted of murder for the death of her stepson Kirk Sandlin, for which she was sentenced to a term of life in prison. Sandlin appealed, arguing: (1) the trial court erred by allowing Lisa’s husband Sammy Sandlin to testify for the State; and (2) she received ineffective assistance of counsel. After careful consideration, the Supreme Court concluded the first issue was barred from review. But the record was insufficient to consider two of her ineffective-assistance-of-counsel claims, Sammy’s testimony and a 911 call, on direct appeal. Thus, the Court dismissed those two claims without prejudice to Lisa’s right to bring these claims later in a properly filed motion for post-conviction relief. View "Sandlin v. Mississippi" on Justia Law

Kenton McNeese appealed the dismissal of his Rule 60(b) Motion for Relief from Judgment and Other Relief. This Rule 60(b) motion was filed with respect to a judgment of divorce from which he already had perfected an appeal. At that time, his first appeal was pending with the Supreme Court. In response, his former wife Katherine (“Katye”), filed a motion to dismiss and requested that Kenton be required to pay attorneys’ fees. The trial court denied Kenton’s motion for relief and granted Katye’s motion to dismiss and request for attorneys’ fees. The trial court ruled that the Rule 60(b) motion was not timely and that the court lacked jurisdiction “due to the pendency of the case’s appeal to the Mississippi Supreme Court. . . .” The trial court also found that Kenton’s motion was frivolous and without substantial justification and that it was interposed for delay and harassment and, therefore, imposed a $1,000 sanction against Kenton to be applied toward Katye’s attorneys’ fees. Finding that the trial court erroneously ruled that it lacked jurisdiction to hear Kenton’s Rule 60(b) motion, but concluding that the trial court did not err in denying the motion, the Supreme Court affirmed in part and reversed in part. View "Kenton Hal McNeese v. Katherine J. McNeese (Graves)" on Justia Law

Anthony Tyrone Thomas was convicted of aggravated assault and of being a felon in possession of a weapon, for which he was sentenced to two consecutive terms of life without parole as a habitual offender. The Court of Appeals affirmed both convictions, and the Supreme Court granted Thomas's petition for writ of certiorari. Because the Supreme Court found that Count II of Thomas's indictment did not charge him with a crime, it reversed his conviction for being a felon in possession of a weapon and dismissed the indictment in Count II. The Court affirmed the trial court in all other respects. View "Thomas v. Mississippi" on Justia Law

John Wrenn pled guilty to possession of a firearm by a convicted felon. He appealed his conviction, arguing: (1) Mississippi’s concealed-weapon statute precluded his conviction; and (2) he was denied effective assistance of counsel. Because Wrenn's conviction was the result of a guilty plea, the Supreme Court dismissed this appeal. View "Wrenn v. Mississippi" on Justia Law

Frederick Wilson wounded one person and killed another when he fired gunshots at the decedent's car. Wilson was convicted of one count of aggravated assault and one count of murder. Wilson appealed his convictions, alleging the trial court erred: (1) by sustaining the State's relevance objections during his cross-examination of the wounded victim; and (2) by admitting into evidence his first two statements to law-enforcement authorities. Finding no reversible error, the Supreme Court affirmed Wilson's convictions and sentences. View "Wilson v. Mississippi" on Justia Law

Shirley Johnson sued the City of Belzoni and two city employees for employment discrimination and sexual harassment. A jury rendered a verdict in Johnson's favor, resulting in a monetary award against each of the three defendants severally. Defendants appealed, and the Supreme Court affirmed. The City appealed from the circuit court's order granting Johnson's motion to enforce the defendants' supersedeas bond against the City alone. Finding that the trial court erred in enforcing a deficient supersedeas bond against the City to satisfy the judgments against the other two co-defendants, the Supreme Court reversed and remanded the case for a correction. View "City of Belzoni v. Johnson" on Justia Law

Billy Dale Hill appealed his motion for post-conviction relief. He claimed that the circuit court had destroyed biological evidence without notifying him as required by statute. The evidence in question was a laboratory slide containing what was purported to be sperm cells collected during a 1974 autopsy. The only relief sought by Hill was that the Supreme Court “order appropriate remedies and impose sanctions” because of the failure to give proper notice. Given the uncontradicted proof that the circuit court did not have the evidence in question, the Supreme Court found no basis for Hill’s claim, and affirmed the trial court. View "Hill v. Mississippi" on Justia Law

Malcolm Weeks Sr. was indicted and tried for sexually abusing his fourteen-year-old daughter. He was convicted of one count of child fondling and two counts of sexual battery. On appeal, he argued: (1) the trial court erred by allowing the State to substantively amend his indictment; (2) that the evidence was insufficient to support the jury’s verdicts; and (3) the verdicts were against the overwhelming weight of the evidence. Finding no error, the Supreme Court affirmed. View "Weeks v. Mississippi" on Justia Law