Justia Mississippi Supreme Court Opinion Summaries

Dalton Trigg and his father, Dr. Stephen Trigg, sued Dalton’s former criminal-defense attorney, Steven Farese Sr., alleging professional malpractice. The circuit court held that the claims were premature because Dalton had not yet secured postconviction relief from the underlying conviction, and it dismissed the complaint without prejudice. The issue this case presented for the Mississippi Supreme Court's review centered on whether a convicted criminal could sue his former defense attorney for negligently causing him to be convicted while that conviction still stood. The Court held that a convict must “exonerate” himself by obtaining relief from his conviction or sentence before he could pursue a claim against his defense attorney for causing him to be convicted or sentenced more harshly than he should have been. To the extent prior decisions of the Court or the Court of Appeals suggested otherwise, they were overruled. View "Trigg v. Farese" on Justia Law

A jury found Tobias Coleman guilty of aggravated assault for shooting a man in the head. The judge sentenced him to twenty years’ imprisonment, with five years suspended. After review, the Mississippi Supreme Court found the trial court committed reversible error by admitting into evidence an undated, grainy Facebook image taken of defendant holding what appears to be a handgun, years before the alleged crime, through the testimony of a witness who denied ever having seen Coleman’s Facebook page or the photograph in question. The matter was remanded for a new trial. View "Coleman v. Mississippi" on Justia Law

Julian Hawkins was acting "erratically and unusually," and transferred from the Forrest General Hospital Emergency Room to Pine Grove Behavioral Health Center. At Pine Grove, Hawkins attacked a nurse and struggled against those who were trying to hold him down. He was charged with two counts of simple assault on “medical personnel.” The jury convicted him on one of those charges, and acquitted him on the second. Hawkins appealed, focusing his argument around alleged ineffective assistance of trial counsel. Because this issue could not be determined from only the facts contained in the record before it, the Mississippi Supreme Court affirmed Hawkins’s conviction, but allowed him the opportunity, if he chose, to raise the issue in a petition for post-conviction relief. However, because Hawkins was not properly indicted for the crime for which he was sentenced, the Supreme Court vacated his sentence and remanded for resentencing under the proper statute. View "Hawkins v. Mississippi" on Justia Law

Richard Green was convicted for the attempted murder and kidnapping of his wife, Cathleen Green (“Cathy”). Green appealed, arguing that the State presented insufficient evidence to convict him of both counts. After review, the Mississippi Supreme Court found a reasonable juror could have found that the State had proved, beyond a reasonable doubt, each element of both convictions based on the testimony, evidence, and applicable law. Therefore, it affirmed Green’s convictions and sentences. View "Green v. Mississippi" on Justia Law

On December 23, 2013, Abdur Ambrose, Stevie Ambrose, and Orlander Dedeaux were indicted for capital murder of Robert Trosclair with the underlying felony being kidnapping. The trial court severed the case for separate trials. Ambrose proceeded to trial on June 15, 2015. Following the culpability phase of trial, a jury found Ambrose guilty of capital murder. Following the penalty phase of trial, the jury imposed the death penalty. Ambrose appealed, raising twelve assignments of error. Finding only one harmless error, the Mississippi Supreme Court found no other reversible error and affirmed Ambrose's conviction and sentence. View "Ambrose v. Mississippi" on Justia Law

Charles Blake was convicted of sexually battering a seven-year-old child during a family barbeque. He was sentenced to life in prison. On appeal, Blake argued the judge made several evidentiary errors that entitled him to a new trial. The Mississippi Supreme Court determined evidence that Blake sexually penetrated the child's anus with his finger, or, as the child put it, dug “in his butt," was so overwhelming as to render any alleged evidentiary error harmless. View "Blake v. Mississippi" on Justia Law

In 1997, Eric Kennedy and Nakiea Sutton were indicted for capital murder. The charges stemmed from the burglary and subsequent murder of Thomas Ward.The Mississippi Court of Appeals affirmed the Hinds County Circuit Court’s order denying Eric Kennedy’s motion for an out-of-time appeal. Kennedy’s petition for a writ of certiorari was granted. Because the Mississippi Supreme Court previously found Kennedy’s appeal to have been timely, the Supreme Court reversed the Court of Appeals’ decision and remanded the case to the appellate court for an appeal on the merits. View "Kennedy v. Mississippi" on Justia Law

Adrian Montgomery and Terome O’Neal were drinking beer and liquor and smoking marijuana in a park. An eyewitness saw O’Neal knock Montgomery’s joint to the ground, which prompted Montgomery to angrily attack O’Neal. Paramedics later found O’Neal on the ground unconscious. He died days later in the hospital of multiple blunt-force trauma. Montgomery was indicted for deliberate-design murder but convicted on the lesser-included crime of depraved-heart murder. The judge granted a mistrial when the State learned (after the jury had been empaneled) the medical examiner who had conducted O’Neal’s autopsy had a sudden family emergency, rendering him unavailable. Montgomery argued his second trial placed him in double jeopardy because there had been no manifest necessity for the mistrial. In affirming Montgomery's convictions, the Mississippi Supreme Court determined the medical examiner was a key witness whose unavailability was unanticipated by the State. And due to the unknown and open-ended nature of the emergency, a continuance did not appear to be a reasonable option. So there was manifest necessity to declare a mistrial. View "Montgomery v. Mississippi" on Justia Law

Frankie Jones was indicted for one count of first degree murder of Billy Ray Covington and one count of felon in possession of a firearm. A jury found Jones guilty on both counts, and the trial court sentenced him as a habitual offender under Mississippi Code Section 99-19-81 to life for the murder conviction and ten years for the felon in possession of a firearm conviction, with the sentences to be served concurrently. Jones appealed, but finding no reversible error, the Mississippi Supreme Court affirmed. View "Jones v. Mississippi" on Justia Law

Terry Hill was convicted on one count of robbery, two counts of kidnapping, and one count of sexual battery. Hill raised one issue on appeal: whether the trial court erred in denying his attorney’s motion to withdraw and Hill’s motions for new counsel. Because of the defendant’s actions prior to and at trial, and because of the substantial evidence against Hill, the Mississippi Supreme Court affirmed the trial court. View "Hill v. Mississippi" on Justia Law