Justia Mississippi Supreme Court Opinion Summaries

In June 2011 the Department of Revenue assessed additional individual, sales, and corporate taxes against taxpayers Southside, Inc. d/b/a Wines, Etc. and Barry and Sarabeth Artz. They appealed a Board of Tax ruling without satisfying the statutory requirements of paying the disputed taxes under protest before appealing or posting a surety bond with their appeal. Because the chancery court lacked appellate jurisdiction to hear the appeal, the chancellor granted the Department of Revenue’s motion to dismiss. Finding no reversible error, the Supreme Court affirmed. View "Southside, Inc. d/b/a Wines, Etc. v. Mississippi Department of Revenue" on Justia Law

The Mississippi Transportation Commission (MTC) procured some land from O.R. and Carylon Garretson via eminent domain in order to construct a bypass in Greene County. The Garretsons later filed a complaint against the Mississippi Department of Transportation (MDOT), alleging that the bypass construction had caused silt to flood onto their remaining land, damaging their timber. MDOT filed a motion for summary judgment and argued that it was immune under Mississippi Code Section 11-46-9(1), subsections (d) (discretionary-function immunity) and (p) (design immunity). The Supreme Court agreed that MDOT was immune from liability under subsection (p) and affirmed. View "Garretson v. Mississippi Department of Transportation" on Justia Law

This was Curtis Flowers's fourth direct appeal stemming from the 1996 murders of four employees of a Winona furniture store. A grand jury indicted Flowers on four separate counts of capital murder, with the underlying felony of armed robbery, for the murders of Bertha Tardy, Robert Golden, Carmen Rigby, and Derrick Stewart. In his sixth and most recent trial, Flowers was convicted on all four counts of capital murder and sentenced to death. Flowers appealed his convictions and death sentence. Finding no reversible error, the Supreme Court affirmed his conviction and sentence. View "Flowers v. Mississippi" on Justia Law

The Jefferson Davis County Youth Court held J.P. (minor) in a juvenile detention facility for 103 days, then in the Jefferson Davis County Jail for thirty days more when J.P. attained age eighteen. J.P. was never adjudicated delinquent. No hearing was held on the question of his delinquency. After more than four months in custody, he was released. The court nevertheless ordered his parents to pay the nearly $10,000 cost of J.P.'s 103-day confinement in juvenile detention. On appeal, the Supreme Court reversed the judgment of the youth court and rendered judgment in favor of the parents: the State cannot charge the parents of a minor for his detention when that detention was never legally justified. View "In the Interest of J.P. a Minor: R.P. and D.O. v. Mississippi" on Justia Law

Charles Moore appealed his conviction for felony driving under the influence (DUI), third offense. Moore argued that there was insufficient evidence to support his conviction. Finding no merit to this contention, the Supreme Court affirmed Moore's conviction. View "Moore v. Mississippi" on Justia Law

Rebecca Jones was convicted for the murder of her mother, for which she received a life sentence. On appeal, she argued the trial court erred in admitting evidence of her prior drug use, that the trial court erred in denying her motions for judgment as a matter of law, and that the verdict is against the weight and sufficiency of the evidence. Finding no error, the Supreme Court affirmed. View "Jones v. Mississippi" on Justia Law

Diane Truddle, as mother and wrongful-death beneficiary of Eric Carmichael, sued Baptist Memorial Hospital-Desoto, Inc., and Dr. Sunil Malhotra after Carmichael committed suicide upon being discharged from Baptist. The trial court granted summary judgment in favor of Baptist and Dr. Malhotra and entered a final judgment in their favor as a matter of law. Truddle appealed. Finding no error in the trial court's grant of summary judgment to defendants, the Supreme Court affirmed. View "Truddle v. Baptist Memorial Hospital-Desoto, Inc." on Justia Law

The Circuit Court sentenced Glen Conley to life without parole. Conley sought review of the parole board’s refusal to give him a parole eligibility date. The Supreme Court concluded that the parole board lacked the authority to review his sentence of life without parole. Although under different reasoning, the Supreme Court affirmed the dismissal of his claim by the Circuit Court and the Court of Appeals. View "Conley v. Epps" on Justia Law

Boyce Elmore died on November 5, 2000. More than ten years later, Cedric Williams (claiming to be Boyce’s son) filed a paternity action in an effort to recover under Boyce’s estate. After the chancellor held that Cedric’s action was timely, Boyce’s estate appealed and the Court of Appeals reversed. The Supreme Court agreed with the Court of Appeals that the chancellor’s decision should have been reversed. View "In the Matter of the Estate of Boyce Elmore, Deceased" on Justia Law

The plaintiff in this automobile-accident lawsuit sued her underinsured-motorist insurance carrier. Even though the UM carrier admitted liability and agreed to pay any damages awarded at trial that exceeded available liability coverage, plaintiff insisted on informing the jury of the insurance company’s status as a defendant. The trial judge refused to allow it. Finding no reversible error, the Supreme Court affirmed. View "Heflin v. Merrill" on Justia Law