Justia Mississippi Supreme Court Opinion Summaries
Burrell v. Mississippi
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
Posted in:
Constitutional Law, Criminal Law
Flynt v. Mississippi
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
Posted in:
Constitutional Law, Criminal Law
Parish v. Mississippi
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
Posted in:
Constitutional Law, Criminal Law
Ward Gulfport Properties, L.P. v. Mississippi State Highway Commission
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
Covington County Bank v. Magee
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
Posted in:
Banking, Real Estate & Property Law
Marie v. North
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
Posted in:
Injury Law, Medical Malpractice
Hinton v. Rolison
In 2004, Clayton Hinton purchased a tract of real property to use as a used-car lot. He financed its acquisition with funds provided by Wells Fargo. In 2007, Hinton conveyed his interests in the property to CZ Inc., a Mississippi corporation, subject to the debt secured by a Deed of Trust. In 2008, CZ Mississippi conveyed its interests in the property to CZ Florida. In 2009, CZ Florida conveyed its interests in the property to Hinton’s children, Nathan Hinton and Seneca Eubanks. All transfers were subject to the debt instrument. In May 2012, the loan matured and became immediately payable in full. In May 2013, Clayton Hinton and Nate Rolison executed a global Settlement Agreement which included Rolison agreeing to pay off the past-due Note and to obtain clear title by judicial foreclosure. On June 7, 2013, CZ Florida and Hinton’s two children conveyed “all of their rights, title, and interest” by quitclaim deed to Rolison. The question this case presented for the Supreme Court's review was whether a quitclaim deed acts to assign and transfer a grantor’s rights and interests retained in a deed of trust even when that grantor no longer holds title to the property. The Court held that it does, and so it affirmed. View "Hinton v. Rolison" on Justia Law
Posted in:
Real Estate & Property Law
Mississippi High School Activities Association, Inc., v. Hattiesburg High School
Hattiesburg High School (“HHS”) filed a complaint for injunctive relief against the Mississippi High School Activities Association (“MHSAA”), alleging that its decision to declare one of HHS’s students ineligible to participate in athletics was arbitrary and capricious. The Forrest County Chancery Court agreed, and it vacated the penalties that MHSAA had imposed against HHS. MHSAA appealed. Because the Supreme Court found that HHS failed to state a legally cognizable claim or cause of action, we vacate the decisions of the Forrest County Chancery Court. View "Mississippi High School Activities Association, Inc., v. Hattiesburg High School" on Justia Law
Raddin v. Manchester Educational Foundation, Inc.
This civil suit was filed by five alumni of Manchester Educational Foundation, Inc., after the dean of students, Richard Darden, admitted to viewing male students while they showered in his home. The five alumni attended Manchester at various times from 1997 until 2003. The trial court granted summary judgment in favor of Manchester, Dr. William Thompson, and The Yazoo City Medical Clinic, P.A., holding that the statute of limitations as to Plaintiffs' alleged claims was not tolled until Plaintiffs learned of Darden's confession to voyeurism, because the five alumni should have known, with due diligence, that they were injured by the activities they engaged in with Darden for several years. Finding that the trial court did not err in awarding summary judgment in favor of these defendants, the Supreme Court affirmed the trial court. View "Raddin v. Manchester Educational Foundation, Inc." on Justia Law
Posted in:
Civil Procedure, Injury Law
Hinton v. Rolison
Clayton Hinton invested substantial personal resources into a used-car business. Hinton sued his business partner, Nate Rolison, claiming that Rolison was keeping profits from that business that should have been divided equally. Hinton also sought an injunction against the financing company that was paying Rolison some of the disputed profits. Both Rolison and the financing company filed motions to dismiss. The trial court granted Rolison's motion based on res judicata and granted the finance company's motion finding Hinton had failed to state a viable claim. Finding that res judicata did not bar Hinton's claims against Rolison, and that Hinton failed to state a viable claim for injunctive relief against the financing company, the Supreme Court affirmed in part, reversed in part, and remanded. View "Hinton v. Rolison" on Justia Law
Posted in:
Business Law, Contracts