Justia Mississippi Supreme Court Opinion Summaries

The Mississippi Supreme Court concluded that the trial court record in this case supported a criminal-contempt finding beyond a reasonable doubt. Christopher Scott Routh was found in direct criminal contempt after he disrespected the court -specifically by standing up to dispute a judge’s bond ruling after the bond hearing had been concluded and despite being directed by the judge to sit down and make any further argument by written motion. View "Routh v. Mississippi" on Justia Law

Milton and Geneva Martin sought grandparent visitation with their two grandsons after they were denied visitation by Kimberly and Brandon Smith, the children’s biological mother and adoptive father. Marty Martin, the children’s father and the Martins’ son, was deceased. The Chancery Court granted grandparent visitation to the Martins, the Smiths appealed, and the case was assigned to the Mississippi Court of Appeals, which affirmed. After review, the Supreme Court found no error with the Court of Appeals or the Chancery Court’s orders, and affirmed. View "Smith v. Martin" on Justia Law

The Mississippi Commission on Judicial Performance charged Montgomery County Justice Court Judge Keith Roberts with misconduct for failing to follow the law in a case before him. Because the Supreme Court found that Judge Roberts committed judicial misconduct, and agreed that the recommended sanctions were appropriate, the Court ordered that Judge Roberts be publicly reprimanded, fined $3,000, and taxed with the costs of these proceedings. View "Miss. Com'm on Judicial Performance v. Roberts" on Justia Law

The Mississippi Commission on Judicial Performance filed a Formal Complaint charging Charles Vess, Justice Court Judge, South District, Adams County, with willful misconduct in office and conduct prejudicial to the administration ofjustice which brings the judicial office into disrepute in violation of Section 177A of the Mississippi Constitution. The Commission and Judge entered into a Stipulation of Agreed Facts and Proposed Recommendation, which was accepted unanimously by the Commission, providing that Judge had violated Canons 1, 2(A), 3(B)(2), 3(B)(4), and 3(B)(5) of the Code of Judicial Conduct and Section 177A of the Mississippi Constitution, and recommending that he be publicly reprimanded, suspended from office without pay for a period of thirty days, fined $1,100, and assessed costs of $200. After conducting a mandated review of the Commission’s recommendation consistent with Section 177A of Article 6 of the Mississippi Constitution, Rule 10 of the Rules of the Commission on Judicial Performance, Rule 10 of the Mississippi Rules of Appellate Procedure, and Mississippi caselaw, the Mississippi Supreme Court adopted the recommendation of the Commission and ordered that Judge be publicly reprimanded, suspended from office without pay for a period of thirty days, fined in the amount of $1,100, and assessed the costs of this proceeding in the amount of $200. View "Miss. Com'm on Judicial Performance v. Vess" on Justia Law

The Mississippi Department of Corrections (MDOC) appealed the Chancery Court’s order granting the Roderick & Solange MacArthur Justice Center’s (Justice Center’s) complaint for declaratory judgment, deeming MDOC in violation of the Mississippi Public Records Act (MPRA) and requiring MDOC to produce records sought by the Justice Center. In November 2014, the Justice Center made a request under the MPRA for records pertaining to MDOC’s process and protocol for lethal injections, as well as MDOC’s acquisition of chemicals it intended or considered for use in lethal-injection executions. MDOC responded to the Justice Center’s 2014 request, furnishing documents, some of which were redacted. The Supreme Court concluded it would have been “ludicrous for this Court to blindly follow” the Mississippi Public Records Act of 1983 (MPRA) as it existed in 2014 when the documents at issue were requested, and “act as though we did not know the law, as adopted by the Legislature in 2016 and readopted in 2017.” The Supreme Court concluded it had to apply the Public Records Act to the this case “as though it has always read as it reads today,” vacated the trial court’s judgment, and rendered a decision in favor of the Mississippi Department of Corrections (MDOC). View "Mississippi Dept.of Corrections v. Roderick & Solange MacArthur Justice Center" on Justia Law

Thomas L. Swarek and Thomas A. Swarek (father and son) appealed a Chancery Court’s finding that no binding enforceable contract existed between the Swareks and Derr Plantation, Inc. (DPI) for the lease and purchase and sale of Derr Plantation to the Swareks, thus denying Swareks’ equitable-relief request for specific performance. Finding no reversible error, the Supreme Court affirmed the chancery court. View "Swarek v. Derr Plantation, Inc." on Justia Law

Karla Bailey, former court administrator to Hinds County Circuit Court Judge Jeffrey A. Weill Sr., filed a complaint against Judge Weill in his individual capacity, alleging that he had committed libel against her. Bailey’s complaint was based on language in a footnote contained in four orders entered by Judge Weill in separate criminal cases that were before him. The alleged libel in the orders provided that Bailey had been reprimanded by Judge Weill for engaging in improper ex parte communications while she was his court administrator and she had added a certain public defender as counsel of record in her current position as deputy clerk. Judge Weill filed a motion to dismiss Bailey’s complaint and amended complaint, raising several grounds for dismissal, including judicial immunity. The trial court denied the motion and ordered the parties to commence discovery. Judge Weill filed a petition for interlocutory appeal. After review, the Supreme Court held the trial court erred by failing to correctly apply the doctrine of judicial immunity to Bailey’s claim that Judge Weill libeled her via the underlying orders. Accordingly, the trial court’s order was reversed and the matter remanded for further proceedings. View "Weill v. Bailey" on Justia Law

The issue presented by this interlocutory appeal arose out of a will contest between the testator’s brother, Larry Lyons, and her nephew, Anthony Lobred. Larry filed a motion to strike the deposition testimony of Dr. Lara Clement, a treating physician of the testator, due to Lobred’s counsel’s alleged ex parte communication with Dr. Clement prior to her deposition. The trial court ordered that any testimony of Dr. Clement that was not discernable from the testator’s medical records would be inadmissible at trial. Lobred sought permission to file an interlocutory appeal and the Court granted Lobred’s petition. After review, the Supreme court held that the communication between Dr. Clement and Lobred’s attorney was acceptable ex parte communication; accordingly, reversed and remanded. View "In re Estate of Lyons" on Justia Law

The Town of Terry sought to annex five territories adjacent to the existing Town: Territory 1 to the north, Territory 2 to the west, Territory 3 to the east, Territory 4 to the northeast, and Territory 5 to the south. The Chancery Court of Hinds County determined such an extensive annexation was unreasonable. However, the chancellor partially granted the Town’s annexation request, finding their request for Territories 2 and 3 was reasonable. Some of the objectors appealed. Finding no error, the Supreme Court affirmed. View "In the Matter of the Enlargement & Extension of the Municipal Boundaries of the Town of Terry" on Justia Law

Tasha Dillon contested the results of the August 4, 2015, Democratic primary for Mississippi House of Representatives (“House”) District 98. The Pike County Circuit Court dismissed the case for lack of subject-matter jurisdiction. Dillon appealed. Finding that the circuit court erred in finding it lacked jurisdiction, the Supreme Court reversed and remanded for further proceedings. View "Dillon v. Myers" on Justia Law