Justia Mississippi Supreme Court Opinion Summaries

Defendant Gary Glidden was convicted of one count of possession of a controlled substance. The circuit court sentenced him to serve a term of four years in the custody of the Mississippi Department of Corrections. The court also sentenced Defendant to serve his imprisonment as an habitual offender. After entering an order denying Defendant's motion for a judgment notwithstanding the verdict, or in the alternative, for a new trial, Defendant perfected his appeal to the Supreme Court. Finding that no reversible error occurred at trial, the Supreme Court affirmed the judgment of the Court of Appeals, which affirmed the judgment of conviction and sentence of the circuit court. View "Glidden v. Mississippi" on Justia Law

Defendant Leo Wales was tried in absentia for two counts of armed robbery and two counts of aggravated assault. A jury found Defendant guilty on all counts, and the Circuit Court of Hinds County sentenced Defendant to twenty years, and forty years for each count of armed robbery and assault, each sentence to run concurrently in the Mississippi Department of Corrections. Defendant's consecutive and concurrent sentences required him to serve a total of eighty years. On appeal, Defendant argued that (1) the trial court erred in trying him in absentia; (2) the evidence was insufficient to support his conviction in Count I, aggravated assault or, alternatively, the verdict of guilty in Count I was against the overwhelming weight of the evidence; and (3) the trial court erred by denying his proffered jury instruction on the specific intent required for armed robbery. The Supreme Court affirmed Defendant's convictions and sentence, because it found substantial evidence supported the trial court’s finding that he had waived his right to be present at trial, because the evidence was sufficient to support the verdict of guilty in Count I, and that verdict was not against the overwhelming weight of the evidence, and because the jury instructions, taken as a whole, fully and fairly informed the jury of each element of the crime of armed robbery. View "Wales v. Mississippi" on Justia Law

Jules Corbin, Tammy Louis, and James Henry, Jr. were involved in an automobile wreck that left Louis dead and Henry severely injured. Corbin was indicted for capital murder, aggravated assault, and felony fleeing the scene of an accident. However, he was convicted by a jury on the lesser-included offense of murder, as well as aggravated assault and felony fleeing the scene. Corbin was sentenced to life imprisonment for murder, ten years for aggravated assault, and three years for felony fleeing. Corbin appealed, and claimed among other things, that his Sixth-Amendment right to confrontation was violated. Upon review of the trial court record, the Supreme Court agreed that Corbin's constitutional rights were violated, and that the error was not harmless as to the charges of murder and aggravated assault, but that it was harmless as to the charge of felony fleeing the scene of an accident. Thus, the Court reversed and remanded part, and affirmed part of the trial court's decision. View "Corbin v. Mississippi" on Justia Law

Defendant Amanda Goforth, a former high-school teacher, was indicted on five counts of sexual battery involving one of her former students. She was convicted on two counts and acquitted on the remaining three. Because the Supreme Court in its review found that Defendant was not afforded a constitutionally adequate opportunity to confront one of the witnesses against her, the Court reversed the trial court's decision. Further, the Court found that Defendant's conviction and sentence must be reversed and rendered: "[a]ny subsequent reprosecution would subject Goforth to the dangers of double jeopardy due to the multiple, identically worded counts in her indictment and the jury’s split verdict." View "Goforth v. Mississippi" on Justia Law

Defendant Michael Richardson was convicted by a jury capital murder and of being a convicted felon in possession of a firearm. The State sought the death penalty at the sentencing phase, but the jury returned a verdict of life imprisonment without the possibility of parole for the capital murder charge. The trial judge sentenced Defendant to serve a term of life without parole for the capital-murder conviction, and to serve a term of ten years imprisonment for the felony-possession-of-firearm conviction. These two sentences were ordered to be served consecutively, all in the custody of the Mississippi Department of Corrections. After the trial court denied Defendant's motion for a new trial, or in the alternative, motion for judgment notwithstanding the verdicts, Defendant appealed, alleging errors at the trial court level. Finding Defendant's assignments of error to be without merit, the Supreme Court affirmed the trial court's judgment. View "Richardson v. Mississippi" on Justia Law

Defendant Roger Thorson was indicted in 1987 and charged with the capital murder of Gloria McKinney, his ex-girlfriend, during the commission of a kidnapping. On Thorson’s direct appeal of his capital-murder conviction and sentence of death, the Supreme Court affirmed the trial court on all issues except a 'Batson' issue, and the case was remanded to the trial court to conduct a Batson hearing. On remand, the trial court found no Batson violation, holding that Defendant was not entitled to a new trial. On appeal, the Supreme Court found that the trial court had committed reversible error in allowing the State to peremptorily strike a member of the jury venire based solely on her religious affiliation, in violation of Article 3, Section 18 of the Mississippi Constitution and Mississippi Code Section 13-5-2. The case was reversed and remanded for a new trial. After another jury trial, Defendant was again convicted for the crime of capital murder and sentenced to death by lethal injection, and on appeal, the Supreme Court affirmed both the conviction and sentence. The United States Supreme Court denied Defendant's petition for writ of certiorari. Defendant subsequently filed a Petition for Post-Conviction Relief with this Court, seeking an 'Atkins' hearing pursuant to 'Atkins v. Virginia.' Once all briefs had been submitted, the court entered an eight-page order thoroughly discussing the issue before him and finding that Defendant was not mentally retarded under 'Atkins.' Upon entry of this order denying his petition for post-conviction relief under Atkins, Defendant appealed again to the Supreme Court. Upon review, the Supreme Court found that the trial court did not abuse its discretion by finding that Defendant was not mentally retarded. View "Thorson v. Mississippi" on Justia Law

In July 2001, eight-year-old Jane Doe and thirteen-year-old Lisa Roe were playing unsupervised at the Presidential Hills Park, a public park built, operated, and maintained by the City of Jackson (the City). While playing in the park, the two children were approached by Andrew Lawson, a convicted sex offender, who fondled Lisa Roe and sexually battered Jane Doe. Lawson was convicted for his criminal acts against the girls. Two girls sued the City. The City moved for summary judgment, arguing that it was immune from suit. The trial court denied the motion. Because the City's operation of the park was a discretionary function, the Supreme Court granted the City's petition for interlocutory appeal and reversed the trial court and rendered judgment for the City. View "City of Jackson v. Doe" on Justia Law

On May 11, 2010, a Tishomingo County jury found Defendant Cliff Hensley guilty of conspiracy to manufacture methamphetamine in violation of Mississippi Code. Defendant was sentenced as a habitual offender to a term of twenty years in the custody of the Mississippi Department of Corrections (MDOC). In this appeal, Defendant asserted his sentence of twenty years was an improper sentence under the governing statutes. Because Defendant was properly sentenced under Mississippi Code, the Supreme Court affirmed his conviction and sentence. View "Hensley v. Mississippi" on Justia Law

Defendant Kenneth Hugh Knight was convicted in the Pearl River County Circuit Court for possession of a controlled substance with intent to distribute while in possession of a firearm. Defendant appealed, raising three issues: (1) ineffective assistance of counsel, (2) the denial of his motion for a directed verdict or a judgment notwithstanding the verdict (JNOV), and (3) the denial of his motion for a new trial. Because the record was not sufficient to address Knight's claim of ineffective assistance of counsel, the Supreme Court dismissed the claim without prejudice. The Court affirmed the circuit court's judgment on the remaining issues. View "Knight v. Mississippi" on Justia Law

In October 2006, Defendant Rachel Nelson was involved in an automobile collision. The City of Richland charged her with driving under the influence. In November Defendant pled “nolo contendere” in the Municipal Court of Richland. Later that month, Defendant filed a notice of appeal in the Rankin County Circuit Clerk’s office stating that a sufficient cash appeal and cash bond had been posted, and requesting a jury trial in county court de novo. The trial date was set for April 2, 2007. On March 27, 2007, Defendant filed a motion to dismiss the appeal on writ of procedendo and to return the cause of action to the Municipal Court of Richland for imposition of sentence. On the same day, the Rankin County Court granted Defendant’s Motion to Dismiss and ordered the matter back to the Municipal Court of Richland on writ of procedendo. On March 30, 2007, a Richland city prosecutor filed a motion to set aside the order of dismissal, to reinstate Defendant’s appeal, and to stay the proceedings. Defendant argued to the Supreme Court that: (1) the county court had no jurisdiction to set aside the order of dismissal and remand on writ of procedendo; and (2) double jeopardy was invoked because the county court “nolle prossed” the charge after the appeal was taken. Upon review, the Supreme Court found that the decision to hear the city’s arguments on the motion to dismiss in this case was within the county court’s sound discretion: “the entry of a nolle prosequi does not bar another prosecution for the same offense under a new indictment . . [Here, Defendant] did not claim she had been twice placed in jeopardy for the same offense. Rather, she contended that she may be prosecuted in the future for felony DUI. Therefore, the question of whether the municipal court proceedings would bar a subsequent prosecution under double-jeopardy considerations was not ripe for determination.” The Court affirmed the county court’s decision. View "Nelson v. Mississippi" on Justia Law