Justia Mississippi Supreme Court Opinion Summaries

Alisha Vanwey pled guilty in 2007 to three counts of selling hydrocodone, and the trial court sentenced her as a habitual offender to eleven years on each count, to run concurrently, in the custody of the Mississippi Department of Corrections. Vanwey filed a petition for post-conviction relief (PCR) arguing, inter alia, that one of the two prior predicate felonies listed in her indictment alleging habitual-offender status did not meet the requirements of Section 99-19-81. The trial court denied the motion, and the Court of Appeals affirmed the trial court's decision based on the finding that Vanwey's motion was procedurally barred as a successive writ and time-barred. After its review, the Supreme Court found Vanwey waived whatever contention she might have had with her habitual-offender status when she failed to challenge the sufficiency or validity of her two prior felony convictions and sentences at her plea hearing and then voluntarily and intelligently entered her guilty plea to three counts of selling hydrocodone as a habitual offender. View "Vanwey v. Mississippi" on Justia Law

Edward Myers appealed his conviction for the armed robbery of Gabriel Lewis. Upon review of the trial court record, the Mississippi Supreme Court found that the trial court abused its discretion in excluding the testimony of a defense witness where there was no evidence of a willful discovery violation. Accordingly, the Court reversed Myers’s conviction and remanded for a new trial. On remand, the Court directed the trial court to conduct a hearing to determine whether Myers’s right to a speedy trial was violated. View "Myers v. Mississippi" on Justia Law

Ricky Franklin was convicted on one count of kidnapping and on one count of aggravated assault with a deadly weapon. He was sentenced to thirty years and twenty years, respectively, to run consecutively. A mistrial was entered for one count of forcible rape, and a not-guilty verdict was entered for one count of sexual Franklin was denied his motion for judgment notwithstanding the verdict (JNOV) or, in the alternative, for a new trial. He appealed, arguing the trial court erred: (1) in refusing to instruct the jury on simple assault as a lesser-included offense of aggravated assault, (2) in allowing improper opinion testimony from numerous witnesses concerning whether a bottle could cause serious bodily injury, (3) in allowing prejudicial hearsay statements allegedly made to police; (4) in allowing inflammatory statements in the prosecution's closing argument to violate his right to a fair trial; and (5) in denying Franklin's motion to dismiss for violation of his right to a speedy trial. Upon careful consideration of the trial court record, the Supreme Court reversed and remanded Franklin's conviction of aggravated assault under issue one; the Court did not reach issue two, and affirmed the trial court on all other issues raised on appeal. View "Franklin v. Mississippi" on Justia Law

Minor Zachary Stringer was charged with the murder of his younger brother, Justin. The jury found Zachary guilty of the lesser-included offense of manslaughter. The trial court sentenced Zachary to twenty years, with ten years to serve and ten years of post-release supervision, with five years reporting. Zachary appealed his conviction and sentence, arguing: (1) the trial court erred by allowing multiple gruesome photographs of the victim and the crime scene into evidence; and (2) the trial court erred in denying his motion for judgment notwithstanding the verdict (JNOV). Finding no error, the Supreme Court affirmed Zachary's conviction and sentence. View "Stringer v. Mississippi" on Justia Law

J. C. Williams was convicted of the sale of cocaine. He was adjudicated a habitual offender and a subsequent drug offender, and as such, his sentence was enhanced to forty years in the custody of the Department of Corrections (MDOC), with thirty years to serve and ten years suspended. On appeal, Williams argued that the circuit court "erred in amending the indictment to charge him as a habitual offender." The Court of Appeals rejected that argument and affirmed. Following that denial, Williams filed a pro se petition for the writ of certiorari, which was granted. The Supreme Court found that Williams was provided adequate notice in advance of trial that, upon conviction, the State intended to seek enhanced punishment under Section 99-19-81. However, the State failed to provide adequate notice of its intent to seek enhanced punishment under Section 41-29-147. Thus, the Court affirmed in part and reversed in part the judgments of the Court of Appeals and the Circuit Court and remanded this case for a new sentencing hearing, where Williams was to be resentenced as a habitual offender under Section 99-19-81 only. View "Williams v. Mississippi" on Justia Law

Justin Stewart appealed his convictions of armed robbery and felon in possession of a firearm. Stewart argued that the trial court improperly enhanced his sentence, in violation of his rights against double jeopardy, and erred in denying his motion to suppress out-of-court and in-court identifications. Finding no error, the Supreme Court affirmed. View "Stewart v. Mississippi" on Justia Law

Jeffrey Hill was indicted by a grand jury of possession of a firearm on educational property (the campus of Mississippi State University). In two jury trials, Hill represented himself with the assistance and advice of court-appointed counsel. Hill's first trial resulted in a hung jury. Hill was found guilty of the indicted offense in his second trial and was sentenced to three years in the custody of the Mississippi Department of Corrections (MDOC) and ordered to pay a fine. The trial court denied Hill's post-trial motion for a new trial or, in the alternative, judgment notwithstanding the verdict (JNOV). On appeal to the Supreme Court, Hill challenged his conviction, arguing: (1) his right to counsel and a fair trial under the Sixth Amendment was violated when the trial court refused to allow Hill's court-appointed counsel to withdraw; and (2) the trial court erred when it failed to grant Hill's motion for a new trial on the ground that the verdict was against the overwhelming weight of the evidence. Finding error with regard to the first issue, the Supreme Court reversed Hill’s conviction and remanded the case to the trial court for a new trial. The Court declined to address the second issue. View "Hill v. Mississippi" on Justia Law

Jason Lee Keller appealed his conviction for capital murder stemming from the death of Hat Thi Nguyen. After careful consideration of the trial court record, the Supreme Court found no reversible error and affirmed. View "Keller v. Mississippi" on Justia Law

James Ferguson challenged the sufficiency of the evidence presented against him at trial. He was convicted on aggravated-assault charges. Furthermore, Ferguson argued he received ineffective assistance of trial counsel. Finding no reversible error, the Supreme Court affirmed his convictions. View "Ferguson v. Mississippi" on Justia Law

Two Winona police officers obtained an arrest warrant for defendant Joel Baskin for aggravated assault. Upon searching defendant, officers found cocaine, which lead to an indictment for possession of cocaine. This case turned entirely on whether the jury believed defendant’s witnesses’ testimony. The Supreme Court found that the trial judge clearly erred by allowing the State to impeach a key defense witness with a petty larceny conviction. Accordingly, the Court reversed the trial court and remanded this case for a new trial. View "Baskin v. Mississippi" on Justia Law