Justia Mississippi Supreme Court Opinion Summaries

Robert Reith was convicted by jury for the murder of his ex-wife and sentenced to life. He appealed, but his conviction and sentence was affirmed by the Court of Appeals. On appeal to the Supreme Court, Reith argued the trial court erred in granting pattern jury instruction S-5, and that he received ineffective assistance of counsel with regard to that instruction. The Supreme Court reversed and remanded, finding that the trial court erred in granting instruction S-5, and that the error was not harmless. "Deliberate design may not be presumed, and we overrule our prior cases to the extent that they conflict with this principle. We admonish the circuit courts not to grant an instruction which relies upon a presumption of intent, as it conflicts with the presumption of innocence, relieving the State of its burden to prove guilt beyond a reasonable doubt on an essential element of the offense." View "Reith v. Mississippi" on Justia Law

After suffering a severe electrical shock while working as a lineman for Tippah Electric Power Association, Lonnie Smith filed a petition to controvert with the Mississippi Workers' Compensation Commission. Tippah denied that Smith's claim was compensable and raised the affirmative defense that Smith had intentionally injured himself. The administrative judge (AJ) found that Smith had intentionally injured himself and that his injury was not compensable; the Commission affirmed the AJ's denial of the claim. The Court of Appeals affirmed the Commission's decision. The Supreme Court granted certiorari because it found that the Commission's decision was not supported by substantial evidence. Accordingly, the Court reversed and remanded this case to the Commission for a determination of benefits.View "Smith v. Tippah Electric Power Association" on Justia Law

Kenyatta Cheeks was entering an AutoZone store when he was struck by a vehicle driven by Jason Johnson. The jury returned a verdict for Cheeks in the amount of $2.5 million, finding that AutoZone was forty-five percent at fault and Johnson was fifty-five percent at fault. Later, the trial court granted AutoZone’s motion for judgment notwithstanding the verdict (JNOV). Cheeks appealed, arguing that granting AutoZone's motion was made in error. Viewing the evidence in the light most favorable to non-movant Cheeks, the jury had credible evidence to determine that an injury was reasonably foreseeable. The Supreme Court therefore reversed the trial court’s grant of JNOV in favor of AutoZone and remand the case to the trial court for further proceedings. View "Cheeks v. AutoZone, Inc." on Justia Law

While walking through the Imperial Palace Casino’s parking garage in the space between the garage wall and the front of the parking spaces Joseph Jones was injured when he tripped over a concrete parking bumper and fell to the concrete floor. Jones filed suit alleging that the parking bumper was misaligned, jutted into the path, and proximately caused both his fall and his injury. The trial judge granted Imperial Palace’s motion for summary judgment. Jones appealed, and the Mississippi Court of Appeals reversed, finding sufficient evidence to create a jury question as to whether Imperial possessed actual as well as constructive knowledge of the dangerous condition, and whether it had failed to conduct reasonable inspections. Imperial appealed, and the Supreme Court reversed, finding plaintiff presented insufficient evidence that the defendant created or knew of a dangerous condition on its premises. The trial court's judgment was reinstated and affirmed. View "Jones v. Imperial Palace of Mississippi, LLC" on Justia Law

Leslie Shumake, Jr. and Katarina Shumake were granted a divorce in 2009. In the judgment, the chancellor ordered Leslie to pay Katarina $5,750 per month in periodic alimony. Shortly thereafter, Katarina filed a complaint for citation for contempt, claiming that Leslie had not paid the amount of alimony ordered by the chancellor. From the time Katarina filed her initial contempt complaint in 2009 until April 2012, the chancery court held hearings and entered various orders addressing the alimony and Leslie’s arrearage. In the end, the chancellor concluded that Leslie owed Katarina $58,550, plus interest, in arrearage. Leslie appealed the chancellor’s order. The Court of Appeals held, inter alia, that "on [the] unique facts [of the present case], we find that it would be fundamentally unfair and unjust to charge Leslie with a $58,550 arrearage." The Court of Appeals reversed and remanded that portion of the chancellor’s order. Katarina appealed. The Supreme Court concluded the appellate court erred in holding the arrearage award should have been reversed and remanded. The case was remanded for further proceedings. View "Shumake v. Shumake" on Justia Law

Craig Williams was convicted by jury of armed robbery. Williams appealed his conviction, claiming: (1) a broken "BB gun" did not meet the definition of a deadly weapon for purposes of Mississippi's armed-robbery statute; (2) the trial court failed to instruct the jury regarding the legal definition of a deadly weapon; and (3) because the jury was instructed that they "need not actually see a deadly weapon," they were misinstructed on the legal necessity of the use of a deadly weapon. Finding no merit in any of these contentions, the Supreme Court affirmed Williams's armed robbery conviction. View "Williams v. Mississippi" on Justia Law

In this guardianship case, the ward's guardian petitioned for transfer of the guardianship to Louisiana, where the ward and guardian had moved. The chancellor denied both the request to transfer the guardianship and the guardian's proposed investment plan, and the guardian appealed. Finding no error, the Supreme Court affirmed.View "Deason v. Stinson" on Justia Law

Michael Crawford sued defendants Alex Jordan, Morris Transportation, and Custom Sign Company (Custom) based on a motor vehicle accident. Initially, Crawford filed a petition to perpetuate testimony to depose Jordan and Morris Transportation in an attempt to identify any additional defendants. The case was removed to federal court. After removal, Crawford filed a complaint in federal court. Crawford subsequently was granted leave from the federal court to file a complaint in the Circuit Court of Coahoma County against Jordan, Morris, and Custom. The case was later dismissed by the federal court based on premature removal since removal occurred before Crawford had filed a complaint. Thereafter, Crawford filed an amended complaint in circuit court, styled as a separate cause of action. Defendants then moved to have both the original complaint and first amended complaint dismissed based on the argument that the federal-court action was dismissed rather than remanded, which would bar Crawford from proceeding on either complaint in circuit court. Alternatively, Defendants asserted that the suit was barred by the general three-year statute of limitations. Defendants also alleged that the one-year savings statue did not apply because the federal court granted Crawford's voluntary motion to dismiss, which was not a dismissal for a matter of form in accordance with Mississippi Code Section 15-1-69. The trial court granted Defendants' motion to dismiss with prejudice, and Crawford appealed. The Supreme Court reversed the dismissal, finding that the federal court's dismissal was for a matter of form (lack of subject-matter jurisdiction). The Mississippi Supreme Court also found that the original complaint filed during Crawford's leave from federal court was a nullity, since the case ultimately was dismissed rather than remanded by the federal court. Nevertheless, the first amended complaint was filed after the federal court's dismissal; therefore, it was deemed valid and timely filed within one year after the dismissal; thus the savings statute applied. Accordingly, the case was remanded. On remand, Crawford settled with Jordan and Morris Transportation. Custom filed its answer and motion for summary judgment, submitting that Crawford's claims were barred by the statute of repose. The trial court granted Custom's motion based on the statute of repose being applicable. Crawford unsuccessfully moved for reconsideration, and thereafter appealed to the Supreme Court, arguing: (1) the statute of repose does not apply in this case; or alternatively, (2) Custom waived the right to such defense. Finding this cause of action should be reversed and remanded for further factual determinations regarding the applicability of the statute of repose, the Supreme Court concluded the trial court erred in granting summary judgment when genuine issues of material fact existed and needed resolution before ruling out the statute of repose argument.View "Crawford v. Custom Sign Company" on Justia Law

This case arose from Quizzie Manning's 2008 visit to the King's Daughters Medical Center's emergency room. Manning alleged she sustained injuries as a result of the Center's negligence during that visit. The issue this case presented to the Supreme Court was whether the circuit court abused its discretion by dismissing Manning's case with prejudice. Upon review of the facts of this case and the circuit court record, the Supreme Court concluded the circuit court did not abuse its discretion in dismissing Manning's case. Therefore, the Court affirmed the circuit court's decision. View "Manning v. King's Daughters Medical Center" on Justia Law

After a jury trial, Stevenson Ford was convicted of murder, and he was sentenced him to life without the possibility of parole. Ford appealed, arguing he was entitled to a mistrial after an officer testified to hearsay that previously had been ruled inadmissible, that he was entitled to a mistrial due to the jury's premature deliberations, and that the verdict was against the overwhelming weight of the evidence. Finding no error, the Supreme Court affirmed. View "Ford v. Mississippi" on Justia Law