Justia Mississippi Supreme Court Opinion Summaries

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After failing to stop at a checkpoint in Jefferson Davis County, John Cole attempted to evade law-enforcement officers before subsequently crashing into a trailer. Cole ran on foot into the nearby woods and was shortly detained. A search of the area produced $6,000 in cash, which the Mississippi Bureau of Narcotics (MBN) claimed was found in close proximity to controlled substances. The MBN sought forfeiture of the property, and Anthony Brown filed a petition to contest. Brown contended that he was an innocent owner of the cash and that forfeiture was therefore improper. Finding that Brown's claim failed by default for lack of proof of an ownership interest in the property, the Supreme Court affirmed forfeiture of the money. View "Six Thousand Dollars ($6,000) v. Mississippi Ex Rel. Mississippi Bureau of Narcotics" on Justia Law

Posted in: Criminal Law
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Charles Ray Crawford appealed his 1993 conviction for rape. He raised a number of issues on appeal. The record was unclear as to what caused a delay in this case being heard on appeal. For that reason, the Mississippi Supreme Court decided to set aside the procedural bar in this matter and consider the merits of Crawford's claimed errors. Having carefully reviewed this record, the Court found no merit to any of Crawford's alleged errors and affirmed his conviction. View "Crawford v. Mississippi" on Justia Law

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Tommie Claiborne was convicted of murder and sentenced to life. According to three eyewitnesses, Claiborne chased his wife around a car, grabbed her, and shot her three times the day before their scheduled divorce hearing. Claiborne's appellate counsel filed a "Lindsey" brief. But Claiborne filed a pro se brief asserting ineffective assistance of counsel. He also argued the State violated discovery rules, the eyewitnesses at trial contradicted their statements to police, and that he was denied a speedy trial. Upon review, the Supreme Court concluded Claiborne's appeal indeed presented no arguable issues. The Court dismissed the other issues Claiborne raised in his pro se brief without prejudice so that he might raise them in any post-conviction proceedings. The Court therefore affirmed Claiborne's conviction and sentence. View "Claiborne v. Mississippi" on Justia Law

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Scott Bates was convicted of simple assault of a law-enforcement officer. He appealed the conviction, claiming he could not be guilty of the enhanced crime of simple assault on a law-enforcement officer because the officer he assaulted, Deputy Sheriff James Cox, was working off-duty as a private security guard. The Mississippi Court of Appeals affirmed Bates’ conviction. Bates thereafter petitioned for writ of certiorari, which was granted on the question of whether there was sufficient evidence to support a finding that Deputy Cox was acting within the scope of his duty, office, or employment as a law-enforcement officer. Finding that State presented sufficient evidence to support the jury’s finding, the Supreme Court affirmed. View "Bates v. Mississippi" on Justia Law

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Jairus Collins was convicted of murdering Ebony Jenkins. He appealed, raised several points of error, but the Court of Appeals affirmed. Finding that Collins’s statement to police should have been suppressed and that one of the State’s witnesses should have been qualified as an expert prior to giving opinion testimony regarding the locations of Collins’s and Jenkins’s cellular phones, the Supreme Court reversed the judgments of the Court of Appeals and the trial court, and remanded the case for further proceedings. View "Collins v. Mississippi" on Justia Law

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On April 1, 2013, the Lauderdale County Board of Supervisors resolved to issue general obligation bonds for various county projects. The Lauderdale County Chancery Court validated bonds. Several objectors appeal, arguing a sufficient number of qualified electors objected such that an election on the bond issue was required. The Board cross-appealed, arguing that the chancellor erred in not requiring the objectors to post a supersedeas bond. Because the chancery court did not err in validating the bond, nor in denying the request for a supersedeas bond, the Supreme Court affirmed. View "In Re: Validation of Lauderdale County, Mississippi General Obligation Bonds" on Justia Law

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Drake and Tonia (Lewis) Pagel were divorced in 2008. Drake filed an appeal challenging the chancellor's property division, and the Court of Appeals affirmed in part and reversed in part and remanded. The Supreme Court, on certiorari, modified the Court of Appeals' order on remand. During the appellate process, both parties filed motions for modification of child support and for contempt. After the remand, the chancellor held a hearing and entered an order addressing the property division in accordance with the instructions from the Supreme Court and the Court of Appeals. The chancellor entered a separate order modifying child support, finding Drake in contempt and awarding Tonia attorney's fees. Drake appealed all issues. After review, the Supreme Court affirmed the chancellor's findings on the value of Legacy Holdings, Inc. (a business the parties formed and each owned 50%), equitable distribution, and lump-sum alimony. But the Court reversed the chancellor's denial of Drake's motion to modify child support, and remanded for the chancellor to consider the impact of the removal of the loan repayment from Drake's income. The Court affirmed the finding of contempt and award of attorney's fees to Tonia. View "Lewis v. Pagel" on Justia Law

Posted in: Family Law
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Appellee Adrian Shipman filed a Petition Appealing the Attorney General's Ballot Title for Legislative Alternative Measure 42A in the First Judicial District of Hinds County. The petition asked the circuit court to review the ballot title drafted by the Attorney General for the Alternative Measure, which the Legislature proposed as an amendment to Measure 42, itself a ballot measure proposed by petition of qualified electors pursuant to Section 273 of the Mississippi Constitution. Although the Legislature of the State of Mississippi, as appellant, raised several issues, the Mississippi Supreme Court held that the circuit court had no authority to entertain an appeal of the Attorney General's ballot title for a legislatively created amendment to a ballot measure. Accordingly, the Court reversed the circuit court's judgment. View "Legislature of the State of Mississippi v. Shipman" on Justia Law

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The Mississippi Highway Safety Patrol (MHP) discharged Officer Sammy Ray for falsifying official state documents. Ray appealed to the Employee Appeals Board (EAB). The EAB conducted a hearing and upheld Ray's termination. On appeal, the Circuit Court affirmed. But the Court of Appeals reversed the circuit court judgment, concluding that Ray's due process rights were violated because the EAB's decision was based on conduct other than that for which he officially was charged. The Court of Appeals awarded Ray reinstatement and back pay. The Department of Public Safety appealed, arguing that the Court of Appeals improperly reweighed the evidence and failed to give sufficient deference to the EAB's findings. The Supreme Court agreed and reversed the Court of Appeals and reinstated and affirmed the trial court. View "Ray v. Mississippi Dept. of Pub. Safety" on Justia Law

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Rosie Jackson was granted a divorce from her husband Michael on the ground of cruel and inhuman treatment in 2012. After a trial, the chancellor found that Rosie had presented sufficient proof of habitual cruel and inhuman treatment. The chancellor then divided the marital estate and awarded Rosie lump-sum alimony. Michael appealed the chancellor's judgment. Michael raised three issues on appeal: "(1) the evidence was insufficient to support a divorce on the ground of habitual cruel and inhuman treatment, (2) the evidence relied upon by the chancellor was inadmissible, and (3) the equitable distribution and the alimony award were based on incorrect calculations." The Court of Appeals affirmed. Michael then filed a petition for writ of certiorari with the Supreme Court, essentially reasserting the same claims he raised before the Court of Appeals. The Supreme Court granted Michael's petition, and limited its review to Michael's claim that the chancellor miscalculated the value of Rosie's equitable distribution of the marital estate. Finding that the chancellor manifestly erred in his calculation of the marital assets and liabilities, the Supreme Court affirmed in part and reversed in part the chancellor's judgment and remanded this case for further proceedings. View "Jackson v. Jackson" on Justia Law

Posted in: Family Law