Justia Mississippi Supreme Court Opinion Summaries

Zachary Polk was indicted on three counts for the sale of methylenedioxymethamphetamine (MDMA), hydrocodone, and alprazolam. Polk entered a plea of guilty as to Count I for the sale of MDMA, and he was sentenced to serve ten years in the Mississippi Department of Corrections and ordered to pay a $5,000 fine. The district attorney “retired to files” Count II and Count III, based upon Polk entering a plea of guilty as to Count I. In 2012, Polk received a “full, complete, and unconditional pardon” from Governor Haley Barbour. Thereafter, Polk filed a petition for expungement seeking to have all records expunged relating to his earlier arrest and indictment. The trial court determined that it was without statutory or constitutional authority to expunge Polk’s record. There being no statutory basis for expungement of the record of the criminal conviction for which Polk was pardoned, the Supreme Court concluded the trial court correctly denied Polk’s petition to expunge the record(s) pertaining to his criminal conviction. As to Polk’s criminal records pertaining to Counts II and III, the Court found that those records were eligible for expungement pursuant to Mississippi Code Section 99-15-26(5). View "Polk v. Mississippi" on Justia Law

In a divorce and child-custody dispute between Shannon and Mary Jane Borden, the chancellor awarded custody of their two sons to father-Shannon. The Court of Appeals affirmed the judgment. Finding that the chancellor gave undue weight to Mary Jane’s misconduct under three separate "Albright" factors, and that the chancellor erred in rejecting the guardian ad litem’s recommendation without providing reasons and a summary of the guardian’s report, the Supreme Court reversed the judgments of the lower courts and remanded this case for further proceedings. View "Borden v. Borden" on Justia Law

Danielle Hingle was convicted of sale of morphine, and sentenced to fifteen years in the custody of the Mississippi Department of Corrections. On appeal, Hingle argued that admission of the testimony of a crime laboratory analyst who reviewed and signed the lab report but did not test the pills violated her Sixth Amendment right of confrontation. Furthermore, she argued that the trial court erred by admitting the pills due to flaws in the chain of custody. Upon further review, the Supreme Court held that the trial court did not err by allowing the reviewing analyst to testify or by allowing the pills to be admitted. View "Hingle v. Mississippi" on Justia Law

Marlon Howell was convicted of capital murder and sentenced to death. On direct appeal, the Mississippi Supreme Court affirmed. Howell then sought post-conviction relief (PCR), claiming he was entitled to a new trial. The Court granted Howell’s petition for PCR in part, holding that he was entitled to an evidentiary hearing on certain delineated issues. The trial court held the evidentiary hearing and, finding no merit in the issues, denied Howell’s request for a new trial. Howell appealed. Howell’s claims regarding recanted testimony and witness statements were without merit, and the Supreme Court concluded the trial court did not err in denying his motion for a new trial. Howell was not under arrest for capital murder at the time of a police lineup, and he was not entitled to counsel at the pre-indictment lineup (even if Howell had been entitled to counsel, the failure to provide counsel during the lineup would have been harmless error because the lineup was not suggestive, and the witness' identification was reliable). Howell’s claims about Attorney General Hood participating in his trial lacked merit, and the trial court did not err in allowing him to participate. And finally, the Supreme Court concluded the trial judge did not err in denying Howell’s motion to supplement the record with new evidence after the evidentiary hearing. View "Howell v. Mississippi" on Justia Law

This case stemmed from a family dispute. Eugene Barriffe, and his wife, Ernie, gave money to Ernie’s brother, Lawson Nelson, to start a landfill business in Jackson County. The Barriffes testified that Lawson approached them for an initial “investment” of $100,000—and later, a second “investment” of $65,000—into his idea to start a landfill business. In return, the Barriffes understood they were to receive two-thirds of the profits from the landfill business, with payments to begin when Eugene retired. Nelson denied the conversation and denied receiving the “investments” from the Barriffes. The Barriffes sued to receive compensation for the money they gave to Nelson to start the business business, and for improvements they made to an apartment on his land. The chancellor found that Nelson held the money and improvements in a constructive trust. But because the Barriffes failed to establish the existence of a constructive trust, the Supreme Court reversed in part and remanded for further proceedings. View "Barriffe v. Estate of Nelson" on Justia Law

Lacie Smith worked for Express Check Advance of Mississippi, LLC. A condition in her employment papers was that she agreed to submit “any employment-related dispute” to arbitration. Later, in response to her termination, Smith sued Express Check in circuit court. The trial judge compelled arbitration and Smith appealed. Finding no reversible error, the Supreme Court affirmed. View "Smith v. Express Check Advance of Mississippi, LLC" on Justia Law

In 1972, the Board of Supervisors of Jackson County, Mississippi, approved the final plat for Spring Lake Subdivision. At that time, the only vehicular access to the subdivision was Spring Lake Drive East, which crossed Spring Lake Dam. The McBrooms, who owned three subdivision lots on Spring Lake, and the dam forming the lake and providing access to the subdivision, contended that Jackson County was obligated to maintain the deteriorating roadway by virtue of the McBrooms’ dedication of the roadway to public use and Jackson County’s acceptance of their dedication. The Chancery Court held that the McBrooms were entitled to no relief. Finding that the Spring Lake Dam and the roadway over it were dedicated to public use and accepted by Jackson County under common law (as evidenced by more than thirty years of continuous use by the public), the Supreme Court reversed and remanded for entry of judgment for the McBrooms. View "McBroom v. Jackson County" on Justia Law

John Ravenstein appealed a 2012 Chancery Court judgment appointing his ex-wife Elisha Ravenstein Hawkins as conservator for the couple’s adult son Ryan. John also appealed the court’s denial of his motions for relief from judgment and modification of child support, through which he attempted to terminate his duty to support Ryan financially. Upon review, the Supreme Court found that the chancellor correctly denied John’s motion for relief from the divorce judgment and motion for modification of child support. However, the Court found that the chancery court applied an incorrect legal standard for appointing a conservator for Ryan. Accordingly, it reversed the chancery court’s appointment of Elisha as Ryan’s conservator and remanded the case for further proceedings. View "Ravenstein v. Ravenstein (Hawkins)" on Justia Law

Petitioners Catherine Babb, Beth King, and Robert King filed a Petition for Inclusion of certain real property into Oxford, Mississippi, pursuant to Mississippi Code Sections 21-1-45 to 47. The property was scheduled to become Baptist Memorial Hospital - North Mississippi, Inc. (BMH), a new, multi-million-dollar medical facility. Objectors Kenneth Ferrell and others filed an objection. The Chancery Court found the Petitioners met the statutory requirements for inclusion and approved the Petition. The Objectors appealed. Finding no reversible error, the Supreme Court affirmed the judgment of the Chancery Court. View "In the Matter of Inclusion into the City of Oxford" on Justia Law

Plaintiffs Frank Schmidt Sr. and other former parishioners of the St. Paul Catholic Church in Pass Christian appealed the second dismissal with prejudice of their claims against the Catholic Diocese of Biloxi, Inc., Most Reverend Thomas J. Rodi, and Rev. Dennis Carver. In 2005, Hurricane Katrina ravaged the Mississippi Gulf Coast. The storm caused extensive damage to the St. Paul Catholic Church and its ancillary properties. The actual church building was also damaged, although the extent of the damage is disputed by the parties. Plaintiffs insisted that the church remains structurally sound, that many of its sacred articles were unharmed, and that repair costs should be less than $2.5 million. Church Defendants maintain that the church and its most sacred places were “destroyed in large part.” Bishop Rodi issued a decree merging the St. Paul and Our Lady of Lourdes Parishes to form a new parish called the Holy Family Parish. The decree stated that the Holy Family Parish would maintain two church edifices, St. Paul Church and Our Lady of Lourdes Church. A number of St. Paul’s former parishioners, including some of the Plaintiffs in this case, filed a canonical appeal through the Roman Catholic Church’s ecclesiastical tribunals. In 2007, the Vatican issued a decree which stated that Bishop Rodi had acted in accordance with the requirements and procedures set forth under canon law. While the canonical appeal was pending, 157 former parishioners filed suit asserting, in part, that Bishop Rodi held the St. Paul Church property in trust for the members, that any financial contributions designated for reconstruction of the church were held in trust for that particular purpose, that Church Defendants had violated said trusts, and that Father Carver had made misrepresentations in soliciting donations for the rebuilding efforts. The Mississippi Supreme Court affirmed in part, finding that Plaintiffs lacked standing to assert the St. Paul property was held in trust for their benefit. However, the Court reversed and remanded the chancellor’s dismissal of the diversion-of-designated funds claim, as well as the claim against Father Carver for intentional misrepresentation, finding subject-matter jurisdiction existed over these claims. On remand, the chancellor denied Plaintiffs’ motions for additional discovery and granted Church Defendants’ motion for summary judgment, dismissing Plaintiffs’ claims with prejudice. Plaintiffs argued on appeal that the chancellor erred in dismissing their claims for diversion of designated funds and intentional misrepresentation. Because none of the Plaintiffs established the requisite elements for a diversion of designated funds, the Supreme Court affirmed the grant of summary judgment on this issue. In addition, because no Plaintiffs could establish a claim for intentional misrepresentation, the Court affirmed the grant of summary judgment on this issue. Therefore, the Court affirmed the Chancery Court's judgment. View "Kinney v. Catholic Diocese of Biloxi, Inc." on Justia Law