Justia Mississippi Supreme Court Opinion Summaries

The State of Mississippi brought a civil action against generic pharmaceutical provider Sandoz, Inc., alleging that Sandoz impermissibly exploited Mississippi’s Medicaid reimbursement program by routinely and exponentially reporting fictitious “Average Wholesale Prices,” a key data factor in the federally supervised formula used by the Mississippi Division of Medicaid to reimburse pharmacies serviced by Sandoz. The trial court, sitting as fact-finder, found Sandoz in violation of the Mississippi Consumer Protection Act and liable for common-law fraud. Sandoz appealed, and the State cross-appealed. On a deferential standard of review, the Supreme Court affirmed the trial court in full. View "Sandoz, Inc. v. Mississippi" on Justia Law

Correy Dartez was found guilty of murder by a Harrison County jury and sentenced to life in prison in the custody of the Mississippi Department of Corrections. The trial court denied Dartez’s post-trial motion for a new trial or judgment notwithstanding the verdict. Dartez appealed his conviction, arguing to the Supreme Court that his trial counsel was constitutionally ineffective for failing to raise an insanity defense and for not challenging the introduction into evidence of Dartez’s confession to the police that he had killed his wife Victoria. The Court declined to address Dartez’s ineffective-assistance-of-counsel claim on direct appeal. “Whether Dartez’s trial counsel should have raised an insanity defense and whether trial counsel should have challenged Dartez’s confession involves facts not fully apparent from the record before us. Thus, we are unable adequately and properly to address Dartez’s ineffective-assistance-of-counsel claim on direct appeal. Therefore, we affirm Dartez’s conviction.” The Court left it open to Dartez to represent his claim through a petition for post-conviction relief. View "Dartez v. Mississippi" on Justia Law

The Union County Election Commission disqualified Roger Browning from running for Union County Superintendent of Education, finding that he was not a qualified elector of the Union County School District. The Circuit Court overturned the Commission’s decision and issued an injunction requiring Browning’s name to be placed on the ballot for the general election. James Basil, the incumbent Union County Superintendent of Education appealed the circuit court’s decision, arguing that Browning did not meet the residency requirement to serve as county superintendent. After review, the Supreme Court held that Browning, a resident of the New Albany Municipal Separate School District, was not eligible to run for Union County Superintendent of Education. Accordingly, the Court reversed the Circuit Court and rendered judgment in Basil’s favor. View "Basil v. Browning" on Justia Law

Ira Bowser admitted to killing Shabree Page at their apartment in 2012. The question at trial was whether Bowser’s actions were a product of deliberate design murder, second degree murder, heat of passion manslaughter, or self-defense. The jury returned a verdict of deliberate design murder, and the trial court sentenced Bowser, as a habitual offender, to life in the custody of the Mississippi Department of Corrections. On appeal, Bowser challenged the weight and sufficiency of the evidence. After review, the Supreme Court found sufficient evidence to support the jury’s verdict of murder and that the jury’s verdict was not against the overwhelming weight of the evidence. View "Bowser v. Mississippi" on Justia Law

Tyrone Burrell was indicted for kidnapping. Burrell maintained that he merely tricked an elderly man into driving him to Memphis, but a jury found him guilty of kidnapping. The trial court sentenced Burrell to thirty years without parole. Burrell appealed. Finding no reversible error in Burrell’s conviction or in sentencing, the Supreme Court affirmed. View "Burrell v. Mississippi" on Justia Law

Thomas Flynt was convicted of manslaughter for the death of his daughter’s girlfriend, Teresa Groover, after an altercation. According to Flynt, he and Teresa were struggling over a gun when it went off, and he did not remember pulling the trigger. Several people were present during the altercation and at the location where Teresa was shot, but no one saw Flynt shoot her. After the trial, Flynt filed a motion for judgment notwithstanding the verdict or, in the alternative, for a new trial. The trial judge denied the motion, and Tommy appealed. The Supreme Court affirmed, finding that the evidence presented by the State was legally sufficient to allow the jury to conclude, beyond a reasonable doubt, that Flynt was guilty of manslaughter. The Court found no abuse of discretion when the trial court denied Flynt’s motion for JNOV or for a new trial, and it affirmed the judgment of the trial court. View "Flynt v. Mississippi" on Justia Law

Daniel Parish appealed his conviction for driving under the influence of marijuana, arguing that the prosecution failed to present sufficient evidence to prove the elements of the charged offense. Finding no error, the Supreme Court affirmed. View "Parish v. Mississippi" on Justia Law

When the Mississippi State Highway Commission (MHC) sought a permit from the Army Corps of Engineers (ACE) to fill wetlands in the roadbed of a proposed limited-access road, it pledged approximately 1,300 acres of Ward Gulfport Properties, L.P.’s and T. Jerard Gulfport, L.L.C.’s (collectively, “Ward”) property as wetlands mitigation. ACE issued the permit to MHC in 2009. Ward filed suit in state court against MHC, seeking damages from an unlawful taking, and in federal court against ACE, seeking to have the permit invalidated. The federal court vacated the permit. MHC moved for summary judgment, arguing that no taking had occurred and that the federal court had determined ACE, not MHC, had caused Ward’s losses. The trial court granted MHC’s motion. Ward appealed. Finding the trial court erred in granting summary judgment in favor of MHC, the Mississippi Supreme Court reversed and remanded. View "Ward Gulfport Properties, L.P. v. Mississippi State Highway Commission" on Justia Law

Earnest Magee sued Covington County Bank (CCB) for conversion after it seized collateral for a promissory note and later sold the property at auction. CCB moved under Mississippi Rule of Civil Procedure 12(b)(6) to dismiss, arguing: (1) that the statute of limitations had expired; (2) that it had a contractual right to the property; and (3) that Magee’s claim was barred by issue preclusion. The circuit judge denied CCB’s motion and finding no reversible error, the Supreme Court affirmed. View "Covington County Bank v. Magee" on Justia Law

Marcia Marie sued her rheumatologist for malpractice. In a “battle of the experts” case, the trial court first denied a motion in limine by Marcia and her husband Donald Marie to exclude entries made by Dr. Dennis Boulware, a consulting physician, in his medical records and then denied the Maries’ Motion for Judgment Notwithstanding the Verdict (JNOV) after a judgment was entered in favor of the rheumatologist, Dr. Heather North and Gulfshore Medical Consultants. Finding that the trial court did not err, the Supreme Court affirmed. View "Marie v. North" on Justia Law