Justia Mississippi Supreme Court Opinion Summaries

In 1998, Barbara Lanier's two-year-old son Darrell Gill Jr. died while being treated at the University of Mississippi Medical Center (UMC) for a a rare genetic disorder – Chediak-Higashi Syndrome (CHS). Lanier filed a complaint against UMC alleging medical malpractice and wrongful death. In 2008, the case was resolved by bench trial in circuit court with a verdict in favor of Lanier of $250,000. UMC appealed, raising four issues for the Supreme Court's review: (1) whether the trial court erred by denying UMC's motion for summary judgment based on the statute of limitations; (2) whether the trial court erred by denying UMC's motion for directed verdict; (3) whether the verdict was against the overwhelming weight of the evidence; (4) whether the trial court erred by granting Lanier's motion to conform the pleadings to the evidence. Upon review, the Supreme Court found that the trial court erred by denying UMC's motion for a directed verdict. Because the Court reversed and rendered the case on that issue, the remaining issues were moot. View "University of Mississippi Medical Ctr. v. Lanier" on Justia Law

Town Creek Water Management District of Lee, Pontotoc, Prentiss, and Union Counties ("Town Creek") appealed a decision of the Lee County Chancery Court that awarded compensatory and punitive damages, attorney fees, and prejudgment interest to the Webbs for Town Creek's wrongful taking of the their property. The case was before the trial court on remand from the Supreme Court's reversal of an earlier grant of summary judgment for Town Creek, with an instruction to conduct a trial on all issues. Upon review, the Supreme Court found that the trial court erred by limiting the trial to damages alone, rather than holding a trial on all issues. Accordingly, the Court reversed the trial court's judgment and remanded the case to the Lee County Chancery Court for a trial on all issues. View "Town Creek Master Water Mgmt. Dist. of Lee, Pontotoc, Prentiss, and Union Counties v. Webb" on Justia Law

In September 2007, Henry Phillips murdered Doris Shavers in the home they shared. The heirs of Shavers sued the City of Jackson ("the City"), claiming the actions of its police officers caused Shavers's death. The City moved for summary judgment, claiming immunity under the Mississippi Tort Claims Act ("MTCA"). The circuit court denied the City's motion, and the City brought this interlocutory appeal. The question before the Supreme Court was whether there was a genuine issue of dispute that the City, through its police officers, acted in reckless disregard of Shavers's safety, thereby exposing the City to liability. The Supreme Court held that as a matter of law, the City did not act with reckless disregard. Accordingly, the Court reversed the circuit court's denial of summary judgment and rendered judgment in favor of the City. View "City of Jackson v. Shavers" on Justia Law

The Mississippi Department of Revenue (MDOR) issued a subpoena to Pikco Finance, Inc. (Pikco), requesting documentation pertaining to Pikco's nonpayment of finance company privilege taxes. Pikco filed a petition to quash the subpoena on the basis that MDOR's ability to audit and tax under Mississippi's Finance Company Privilege Tax law was preempted by the National Bank Act. The circuit court granted Pikco's petition to quash, and MDOR appealed. The issue on appeal was whether MDOR's use of its statutory subpoena power in administration of the Finance Company Privilege Tax was preempted by the National Bank Act. Upon review, the Supreme Court reversed and remanded, finding that Pikco was subject to the subpoena. View "Mississippi Dept. of Revenue v. Pikco Finance, Inc." on Justia Law

William and Sarah Smith are the grandparents of Jason Wells. Jason's mother, Tara Wells, is Sarah's daughter. The Smiths filed a petition for temporary and permanent custody of Jason. They later filed a separate petition for adoption and to terminate the parental rights of Tara and Robert Johnson, the biological father. The chancellor declined to terminate Tara's and Robert's parental rights but awarded the Smiths primary custody of Jason. In awarding the Smiths custody, the chancellor found that Tara had "by her long and continuous absences from [Jason] failed to exercise her parental rights and fulfill her parental responsibilities." He found that this had caused the Smiths to assume the role of parents to Jason for virtually his entire life and that the Smiths thus stood in loco parentis. The chancellor then conducted a best-interest, "Albright" analysis and concluded that Jason should remain with the Smiths. The issue before the Supreme Court was whether the chancellor found that the natural-parent presumption under "Albright" had been overcome based on the doctrine of loco parentis (which would have been in error), or based on a finding of desertion by Tara which necessitated the Smiths standing as in loco parentis for Jason. Upon review, the Supreme Court found the latter and therefore affirmed the judgment of the chancery court. View "In re Smith adoption of Minor Tara Wells" on Justia Law

A Pike County jury convicted James Richard Conners Jr. of two counts of murder and two counts of possession of a firearm by a felon. The circuit court imposed two life sentences for the murder convictions and two ten-year sentences for the possession-of-a-firearm-by-a-felon convictions, with all sentences to run consecutively. Conners appealed, arguing that the admission of two forensic reports at his trial violated his right of confrontation under the Sixth Amendment to the United States Constitution and constituted plain error. He also argued that he received ineffective assistance of counsel due to counsel's failure to make a Confrontation Clause objection to the admission of the forensic reports, and due to counsel's failure to object to gruesome photographs and evidence of Conners's past criminal activity and gang affiliation. Upon review, the Supreme Court found that the trial court erred by admitting the forensic test reports without live testimony from the analysts who performed the tests, but that the error was harmless. Furthermore, the Court found that Conners did not receive ineffective assistance of counsel, because he could not show that he was prejudiced by any deficient performance by counsel. Therefore, the Court affirmed his convictions and sentences. View "Conners v. Mississippi" on Justia Law

Robert Eastman claimed Mississippi Valley Silica Company, Inc. ("MVS"), the company that supplied sand to his employer Marathon LeTourneau, failed to warn him of the dangers posed by sandblasting. At trial, MVS requested a "sophisticated user/learned-intermediary" jury instruction. Although the requested instruction was an incomplete statement of the law, the trial judge refused the instruction for an erroneous reason and failed to instruct the jury properly on the submitted defense. The jury returned a verdict for Eastman, and MVS timely appealed, raising eight issues, including the trial judge's refusal to grant the sophisticated-user jury instruction. Upon review, the Supreme Court found that issue dispositive, and reversed and remanded for a new trial. View "Mississippi Valley Silica Company, Inc. v. Eastman" on Justia Law

Miramar Lodge Nursing Home (Miramar) was destroyed by Hurricane Katrina. Miramar at the time was located in Pass Christian, Harrison County, Mississippi. On January 5, 2010, Harrison County Properties, LLC, d/b/a Gulfport Care Center (GCC,) filed a certificate of need (CON) application with the Mississippi Department of Health (DOH). GCC requested the CON for the construction of a replacement facility and relocation of ninety nursing-home beds from Miramar to an area located in central Harrison County, approximately twenty miles from Pass Christian. Sixty of Miramar’s 180 beds were relocated in 2006 to Boyington Health Care Facility in Gulfport, Harrison County, Mississippi. The remaining thirty Miramar beds were the subject of a separate CON application, which proposed to relocate those thirty beds to Hattiesburg, Mississippi. Several nursing homes from Harrison County and Jackson County contested GCC’s CON application and requested a public hearing. On August 26, 2010, the State Health Officer (SHO), concurring with the findings, conclusions, and recommendations of the DOH staff and the hearing officer, granted GCC a CON for the construction of a ninety-bed replacement nursing home in Harrison County. The contestants appealed to the Hinds County Chancery Court, which affirmed the SHO’s decision. The contestants the appealed to the Supreme Court arguing that: 1) DOH failed to comply with Mississippi law in granting the CON to GCC, as "GCC did not act in sufficient time to re-open Miramar under CON law"; 2) no actual need was demonstrated for the project; 3) no economic viability was demonstrated for the project; and 4) DOH failed to follow its own rules and regulations in granting the CON. Having found that the SHO’s decision to grant GCC a CON for the construction of a ninety-bed replacement nursing home in Harrison County is supported by substantial evidence, the Supreme Court affirmed the decision of the Hinds County Chancery Court. View "CLC of Biloxi, LLCv. Miss. Dept. of Health" on Justia Law

Defendant Jeffrey Yeatman filed a motion for post-conviction relief in circuit court. The motion was denied, and Defendant appealed. The Court of Appeals affirmed. Defendant raised three issues on appeal to the Supreme Court: (1) whether Defendant's indictment was properly amended; (2) whether the Court of Appeals erred when it failed to address Defendant's argument that he was illegally sentenced as a habitual offender because it was not stated in his criminal information; and (3) whether Defendant's sentence was illegal because his fine exceeded the amount prescribed by statute. Upon review, the Supreme Court affirmed in part, reversed in part: the Court affirmed the amendment to the indictment, reversed the trial court's denial of Defendant's petition for post-conviction relief regarding his habitual-offender-status issue, and vacated Defendant's fine. The case was remanded to the circuit court for further proceedings. View "Yeatman v. Mississippi" on Justia Law

Defendant Darrin Wilson appealed his conviction on rape, burglary extortion and two counts of kidnapping. On appeal, Defendant challenged the sufficiency of the evidence presented against him at trial, in addition to alleging procedural errors by the trial court. Upon review of the record, the Supreme Court found all of Defendant's arguments lacked merit, and affirmed the trial court's judgment. View "Wilson v. Mississippi" on Justia Law