Justia Mississippi Supreme Court Opinion Summaries

An eight-year-old student, J.S., was sexually assaulted by her bus driver, Sergio Sandoval, multiple times over a month. J.S.'s parents filed a lawsuit against the Ocean Springs School District under the Mississippi Tort Claims Act, alleging negligence, negligent hiring, retention, supervision, and training, failure to adopt and follow policies, negligent infliction of emotional distress, and civil assault, battery, and false imprisonment. The Jackson County Circuit Court granted summary judgment in favor of the District, finding it was entitled to discretionary-function immunity and that Sandoval’s actions were not reasonably foreseeable.The plaintiff appealed the decision. The Mississippi Supreme Court reviewed the case and determined that while the District was protected by discretionary-function immunity regarding the failure to adopt sufficient policies and procedures, the claims related to negligent hiring, supervision, and training were not barred by this immunity. The court found that these claims involved simple negligence and did not involve policy decisions.The court also held that the plaintiff had demonstrated a genuine issue of material fact regarding the foreseeability of the injuries. The court noted that the District’s own measures to screen and monitor its bus drivers indicated that a person of ordinary intelligence could anticipate that failure to properly do so could lead to the type of injury sustained by J.S.The Mississippi Supreme Court affirmed the lower court’s decision in part, reversed it in part, and remanded the case for further proceedings consistent with its findings. View "J.S. v. Ocean Springs School District" on Justia Law

Nancy and Carlos Sistrunk were married in 1984 and separated in 2021. Nancy filed for divorce citing irreconcilable differences or, alternatively, adultery. They have four adult children, including Emily, who has Down syndrome and other health issues, making her incapable of self-support. Both parties agreed to proceed with the divorce based on irreconcilable differences. In 2023, Nancy filed a motion regarding the marital residence and child support for Emily, which Carlos opposed.The trial, primarily focused on financial issues and property division, was held in September 2023. The chancery court granted the divorce, divided the real and personal property approximately equally, and declined to award alimony, child support for Emily, or attorneys’ fees. The court failed to make specific findings of fact regarding the factors required for equitable distribution of assets, and many of its findings were unsupported by the record.The Supreme Court of Mississippi reviewed the case. The court found that the chancery court did not make sufficient findings of fact regarding each applicable Ferguson factor, which is necessary for equitable distribution of marital property. The court noted that the chancery court's findings were not supported by substantial evidence, particularly regarding the parties' incomes and the dissipation of marital assets. The Supreme Court also highlighted the lack of consideration for the emotional value of the marital home and the financial needs of the parties, especially Nancy's role as Emily's primary caregiver.The Supreme Court of Mississippi reversed the chancery court's judgment on the equitable distribution of assets and related matters and remanded the case for further consideration. The chancery court was instructed to make specific findings of fact regarding each applicable Ferguson factor and to rectify unsupported findings. The court may also reconsider issues related to alimony, child support for Emily, and attorneys’ fees on remand. View "Sistrunk v. Sistrunk" on Justia Law

Effie Mae Autry had three children, Steve, Michael, and Melvin. Michael and Melvin predeceased their mother, leaving behind children. In 2014, Effie and her husband Eugene executed wills that distributed their assets equally among their children and grandchildren. Eugene passed away in 2017, and his assets were transferred to Effie. In 2019, Effie executed a new will and several warranty deeds, leaving all assets to Steve and disinheriting her grandchildren. This new will was drafted by attorney Anna Kate Robbins after their long-time attorney, Sidra Winter, refused due to concerns about Effie's mental capacity and potential undue influence by Steve.The Pontotoc County Chancery Court invalidated the 2019 will and the warranty deeds, citing undue influence by Steve and failure to properly authenticate the will. The court found that the affidavits of the attesting witnesses did not include their addresses, as required by Mississippi Code Section 91-7-7. The court also found that Steve had a confidential relationship with Effie and did not rebut the presumption of undue influence.The Supreme Court of Mississippi reviewed the case and affirmed the chancery court's decision. The court held that the 2019 will was not duly authenticated due to the missing addresses on the affidavits. The court also agreed with the chancery court's finding of undue influence, noting that Steve's actions and Effie's declining mental capacity supported this conclusion. The case was remanded to the chancery court for further proceedings regarding the probate of the 2014 will. View "In Re The Matter of the Estate of Autry" on Justia Law

Jakeviyon Hunter was convicted of first-degree murder and shooting into an occupied vehicle. The incident occurred after Hunter and the victim, Jaquarius Ross, were involved in a traffic stop where marijuana and guns were found in the vehicle. Hunter and Ross were both charged with possession of a controlled substance. Later, Hunter shot Ross multiple times while Ross was in his truck, resulting in Ross's death. The prosecution argued that Hunter's motive was related to the earlier drug charge, which could have negatively impacted Hunter's military career.The Madison County Circuit Court sentenced Hunter to life imprisonment for first-degree murder and five years for shooting into an occupied vehicle. Hunter's post-trial motion was denied by the circuit court. He appealed, arguing that the admission of evidence related to his prior misdemeanor charge was improper and raised several claims of ineffective assistance of counsel.The Supreme Court of Mississippi reviewed the case and found no error in the circuit court's admission of the evidence. The court held that the evidence of Hunter's prior drug charge was admissible under Mississippi Rule of Evidence 404(b) to show motive, intent, plan, and identity. The court also provided a limiting instruction to the jury regarding the use of this evidence. The court found that the evidence was necessary to provide a complete story of the events leading to Ross's murder.Hunter's claims of ineffective assistance of counsel were not addressed on direct appeal because his pro se supplemental brief was filed untimely. The court affirmed Hunter's conviction and sentence, finding no plain error in the admission of the evidence. Hunter may still pursue his ineffective assistance claims under the Mississippi Uniform Post-Conviction Collateral Relief Act. View "Hunter v. State of Mississippi" on Justia Law

Emmett Hotard acquired two lots in Hancock County in 2006 and used one as security for a loan from The Peoples Bank. After defaulting on the loan and failing to pay property taxes, Lot 17 was sold at a tax sale to Ken Foreman in 2012. The bank later assigned its interest to Emmett's brother, Eric Hotard, who initiated foreclosure proceedings. Eric's company, DHP1, LLC, purchased the lots at a foreclosure sale in 2014. The chancery clerk sent a notice of the tax sale to Emmett, which was returned undelivered. Notices were also sent to lienholders, including Eric.The Hancock County Chancery Court found that the chancery clerk failed to satisfy statutory notice requirements for the tax sale and declared the sale void. The court granted summary judgment in favor of DHP1, LLC, and voided the tax deed to Ken Foreman and the subsequent quitclaim deed to Baron Foreman, who had acquired Lot 17 from Ken.The Supreme Court of Mississippi reviewed the case and affirmed the chancery court's decision. The court held that Emmett, as the record owner 180 days before the redemption period expired, was entitled to notice. The chancery clerk failed to provide proper notice by certified mail or personal service and did not conduct a diligent search for Emmett's address, which was easily discoverable in the land records. The court emphasized that any deviation from the statutory notice requirements renders a tax sale void. Consequently, the tax sale was declared void, and summary judgment in favor of DHP1, LLC, was affirmed. View "Foreman v. DHP1, LLC" on Justia Law

Jeffrey Pitts was convicted in February 2021 for sexually battering his four-year-old daughter, AGC. The incident came to light when AGC told her grandmother and mother about inappropriate touching by Pitts. AGC later provided consistent details during a forensic interview and at trial. Pitts was indicted by a Rankin County grand jury and his trial began in February 2021. During the trial, a tender years hearing was held to determine the reliability of AGC's statements, and the trial judge found them reliable. AGC testified in court with a screen obstructing her view of Pitts, which was contested by the defense.The Rankin County Circuit Court allowed the use of the screen, and AGC's testimony was presented to the jury. The jury found Pitts guilty, and the Court of Appeals upheld the conviction. Pitts then petitioned for a writ of certiorari, which was granted by the Supreme Court of Mississippi.The Supreme Court of Mississippi reviewed whether the use of the screen violated Pitts's right to confrontation. The court held that the statutory provision allowing the screen did not require a specific finding of emotional trauma and that all essential elements of confrontation were met. The court emphasized that the statute was enacted under the authority granted by the Mississippi Constitution to protect crime victims' rights. The court found that Pitts's right to cross-examine AGC and observe her demeanor was preserved, and thus, the use of the screen did not violate his constitutional rights. The Supreme Court of Mississippi affirmed the lower court's decision. View "Pitts v. State of Mississippi" on Justia Law

On January 12, 2020, Harold Walker Jr. was involved in a shooting incident at the intersection of Colonial Circle and Old Canton Road in Jackson, Mississippi. Witnesses saw a white car swerve to block a van, and the driver of the white car, identified as Walker, fired multiple shots into the van, killing Bryant Robinson. Walker fled the scene but was pursued by police and later apprehended. Evidence included eyewitness testimonies, security footage, and physical evidence linking Walker to the crime.The Circuit Court of the First Judicial District of Hinds County convicted Walker of first-degree murder, shooting into an occupied vehicle, and felony fleeing from law enforcement. Walker appealed, raising five issues: the trial court's refusal to give a lesser-included-offense instruction for heat of passion manslaughter, the sufficiency and weight of the evidence for the first-degree murder conviction, the admission of his statement to law enforcement, the failure to transcribe the jury instructions conference, and ineffective assistance of counsel.The Supreme Court of Mississippi reviewed the case and found no reversible error. The court held that there was no evidentiary basis for a heat of passion manslaughter instruction, the evidence was sufficient to support the first-degree murder conviction, and the trial court did not err in admitting Walker's statement. The court also found that the failure to transcribe the jury instructions conference did not prejudice Walker, and his counsel was not ineffective. The court affirmed the lower court's judgment. View "Walker v. State of Mississippi" on Justia Law

Bradley Dobbs filed a complaint against Dollar General Corporation on November 21, 2022, alleging that on November 13, 2020, he was falsely accused of shoplifting by the store manager, Devan Callahan, in front of other customers and his granddaughter. Dobbs claimed that this false accusation caused him embarrassment, humiliation, and emotional distress, leading to medical treatment for anxiety, stress, and depression. He sought $74,000 in damages for the wrongful, negligent, and malicious infliction of emotional and mental distress by Dollar General's employee.The Pike County County Court initially granted Dollar General's motion to dismiss due to Dobbs's failure to timely respond. However, the court set aside this judgment after Dobbs filed a motion to alter or amend the judgment and for an extension of time to respond. After a hearing, the trial court found that the three-year statute of limitations for negligence applied and denied Dollar General's motion to dismiss. Dollar General then petitioned for an interlocutory appeal, which was granted, along with a motion to stay the trial court proceedings.The Supreme Court of Mississippi reviewed the case and determined that Dobbs's claim was essentially one of defamation, specifically slander, rather than negligence. The court held that the one-year statute of limitations for defamation applied, as the substance of Dobbs's claim was that Dollar General falsely accused him of shoplifting in the presence of others. Since Dobbs filed his complaint more than one year after the incident, the court found the claim to be time-barred. Consequently, the Supreme Court of Mississippi reversed the trial court's order and rendered judgment in favor of Dollar General, dismissing Dobbs's complaint. View "Dollar General Corporation v. Dobbs" on Justia Law

The incumbent candidate, Vern Gavin, lost the election to challenger Wanda Evers. Gavin filed a petition for judicial review in the Hinds County Circuit Court, claiming Evers was an unqualified elector due to her residency outside the district and citing several voting irregularities. The circuit court granted summary judgment on the election irregularities and dismissed the residency claim under Mississippi Rule of Civil Procedure 41(b). Gavin's motion for reconsideration was denied, leading to his appeal.The Hinds County Circuit Court initially reviewed the case. Gavin challenged Evers's residency, noting her voting address was transferred outside the district and back within it, and she claimed a homestead exemption at a Jackson address. The Hinds County Executive Committee certified Evers as a candidate despite Gavin's challenge. Evers defeated Gavin in the runoff election. Gavin filed a contest of the election and a petition for judicial review, requesting a special election due to alleged irregularities and disputing Evers's residency qualification. The circuit court granted summary judgment on the election irregularities and dismissed the residency claim, finding Evers met the two-year residency requirement.The Supreme Court of Mississippi reviewed the case. The court affirmed the circuit court's rulings, finding no error. The court held that Gavin received proper notice of the summary judgment motion and that the circuit court did not err in considering both the motion to dismiss and the motion for summary judgment. The court also upheld the exclusion of certain affidavits as hearsay and irrelevant. The court found that Gavin failed to present evidence of election irregularities affecting the outcome and that Evers met the residency requirement. The court also affirmed the denial of Gavin's motion for reconsideration, finding the new evidence presented was cumulative and for impeachment purposes only. View "Gavin v. Evers" on Justia Law

Jessica Johnson filed a negligence action against Evan Unruh one day before the three-year statute of limitations expired. Johnson attempted to serve Unruh 121 days after filing the complaint and simultaneously filed a motion for an enlargement of time to serve him, which the trial court granted. Unruh filed two motions to dismiss for insufficient service of process, both of which were denied by the trial court. Unruh then petitioned for an interlocutory appeal, which was granted.The Hinds County Circuit Court initially denied Unruh's motions to dismiss, finding that Johnson's motion for an enlargement of time was timely and that her subsequent service attempts were valid. The trial court concluded that Johnson's service on August 13, 2021, was within the extended time frame granted by the court.The Supreme Court of Mississippi reviewed the case and agreed with Unruh that the trial court erred in granting Johnson's motion for an enlargement of time. The court found that Johnson failed to show good cause for her delay in serving Unruh within the 120-day period required by Mississippi Rule of Civil Procedure 4(h). The court noted that Johnson did not attempt to serve Unruh until after the 120-day deadline had expired and did not provide specific details or evidence of attempts to serve him within the initial period.The Supreme Court of Mississippi held that the statute of limitations for Johnson's negligence claim had expired, as she failed to properly serve Unruh within the required time frame. Consequently, the court reversed the trial court's decision and rendered a judgment dismissing Johnson's negligence claim with prejudice. View "Unruh v. Johnson" on Justia Law