Justia Mississippi Supreme Court Opinion Summaries

A group of property owners filed suit against the Diamondhead Fire Protection District (DFPD) board of commissioners and several current and former DFPD officers, seeking declaratory judgment that a fee charged for fire-protection services was an impermissible tax. The trial court entered a judgment in favor of the DFPD. The property owners appealed, challenging: (1) whether the monthly fee is an illegal tax; and (2) whether the power to tax should be construed narrowly. Upon review, the Supreme Court found that the trial court correctly decided that the challenged fees for DFPD's services were lawful. Therefore, the Court affirmed the trial court's judgment. View "Alfonso v. Diamondhead Fire Protection District" on Justia Law

Defendant Ryan Scott Young appealed his convictions for felony driving under the influence (DUI) third offense, and retaliation against a public servant. On appeal to the Supreme Court he argued: (1) that the indictment did not include an essential element of the crime of retaliation; (2) that the trial court failed to instruct the jury on an essential element of the crime of retaliation; (3) that the evidence was insufficient to support the jury’s verdict on the DUI charge; and (4) that the verdict on the DUI charge was against the weight of the evidence and he was entitled to a new trial. After its review, the Supreme Court concluded all of Young's arguments were without merit, and affirmed his convictions and sentences. View "Young v. Mississippi" on Justia Law

Eli Investments, LLC, sued Silver Slipper Casino Venture, LLC, Silver Slipper Gambling, LLC, and Broadwater Development, LLC, to recover for damages sustained to Eli’s Biloxi hotel when Silver Slipper’s casino allided with it during Hurricane Katrina. The trial court granted Silver Slipper’s and Broadwater’s motions for summary judgment. Eli appealed the trial court’s decision. Finding that Eli presented a genuine dispute of material fact regarding Silver Slipper’s negligence, the Supreme Court reversed the trial court's judgment and remanded the case for further proceedings. View "Eli Investments, LLC v. Silver Slipper Casino Venture, LLC" on Justia Law

Defendant Jermaine Reed was convicted by jury of aggravated assault of his ex-girlfriend. He had been adjudicated a violent habitual offender, and sentenced to life without parole. On appeal, defendant challenged his conviction and sentence. Defendant's appellate counsel filed a "Lindsey" brief, but defendant proceeded pro se. He argued that he received ineffective assistance of counsel throughout all stages of his trial; that the trial court erred in denying a pretrial mental health examination; and that the State amended his indictment out of vindictiveness. Finding no error or ineffective assistance of trial and appellate counsel, the Supreme Court affirmed defendant's conviction and sentence. View "Reed v. Mississippi" on Justia Law

Defendant Joe Morgan directly appealed his convictions on murder and manslaughter charges, for which he was sentenced to life and twenty years' incarceration respectively. He challenged the denial of his requested jury instruction on imperfect self defense, and the denial of his motion for a mistrial. Finding no merit to defendant's arguments on appeal, the Supreme Court affirmed. View "Morgan v. Mississippi" on Justia Law

Defendant Brett Jones was convicted on murder charges for stabbing his grandfather to death. He was sentenced to life. Defendant was granted leave to apply for post-conviction relief. In his argument to the circuit court, defendant argued that he was fifteen at the time of the murder, and that his sentence violated his Eighth Amendment rights. The circuit court denied relief, and defendant appealed. While defendant's appeal was pending , the United States Supreme Court decided "Miller v. Alabama" (132 S. Ct. 2455 (2012)) implicating the issue of whether a life sentence violated a juvenile convicted of homicide's constitutional rights. The Mississippi Supreme Court concluded that "Miller" created a new, substantive rule which would be applied retroactively to cases on collateral review. The Court affirmed in part and reversed in part the Court of Appeals' judgment and the trial court's denial of post-conviction relief. The Court vacated defendant's sentence and remanded this case to the Circuit Court for a new sentencing hearing. View "Jones v. Mississippi" on Justia Law

Defendant Melvin Grayer was convicted of burglary and sentenced as a habitual offender to seven years without the possibility of parole or probation. He appealed, arguing he received ineffective assistance of counsel because his trial counsel failed to request a circumstantial-evidence jury instruction and that he was sentenced as a habitual offender without competent evidence of his prior felony convictions. Upon review, the Supreme Court affirmed defendant's conviction but vacated his habitual-offender sentence enhancement, because the State failed to prove defendant was a habitual offender by competent evidence. The case was remanded for resentencing. View "Grayer v. Mississippi" on Justia Law

A large sinkhole developed behind the property of T.L. Carraway. A culvert system failed, causing the hole. The culvert system drained Eastover Lake, which was maintained by the owners whose properties surrounded the Lake. Carraway filed suit against the Owners; the Owners filed third-party complaints for indemnity against the City of Jackson, alleging that the City's sewer line repairs caused the system failure and in turn, the sinkhole. The chancellor found the Owners and the City jointly and severally liable for the repair of the culvert system. All defendants appealed that decision. Upon review, the Supreme Court affirmed in part, finding no merit to the arguments made by the Owners and City. However the Court found the chancellor erred by ordering joint and several liability. The case was reversed and remanded for redetermination of defendants' respective allocations of fault as to be determined by the chancery court. View "Borne v. Estate of T. L. Carraway, Jr." on Justia Law

Defendant Stanley Gimore was convicted of aggravated assault and possession of a weapon by a convicted felon. He stipulated that he have been convicted of two separate felonies. In appealing his conviction, he raised numerous errors. Upon review of the trial court record, the Supreme Court concluded that the lower court erred in allowing the introduction of admissible evidence as improper impeachment. This error was unduly prejudicial and affected Defendant's substantial rights. Accordingly, the Court reversed Defendant's conviction and remanded the case for a new trial. View "Gilmore v. Mississippi" on Justia Law

Defendant Corey Thompson was convicted on two counts of robbery. The circuit court sentenced him to two concurrent terms of twenty years, with twelve served and eight suspended, and fines and costs. Defendant appealed his conviction. Finding no error, the Supreme Court affirmed. View "Thompson v. Mississippi" on Justia Law