Justia Mississippi Supreme Court Opinion Summaries

Arious Turner, the biological mother of a four-year-old girl (AT), was convicted of kidnapping her daughter. In June 2019, the Bolivar County chancery court had awarded Turner’s former step-mother, Sharetha Kimber, primary physical custody of AT, granting Turner limited visitation rights. In September 2020, Turner failed to return AT to Kimber after the court-ordered visitation period, and AT's whereabouts were unknown for forty-four days. U.S. Marshals located AT in Greenwood, Mississippi, with the help of an informant.The case was initially tried in the Bolivar County Circuit Court, where Turner was indicted for felony kidnapping under Mississippi Code Section 97-3-53. Turner sought a directed verdict after the State rested its case, but the trial judge denied her motion. After deliberation, the jury returned a guilty verdict. The trial judge sentenced Turner to a term of one year in the custody of the Mississippi Department of Corrections, suspended Turner’s incarceration, and reduced her sentence to one year of nonreporting probation. Turner filed a motion for judgment notwithstanding the verdict, or in the alternative, for a new trial, which were denied.The case was then appealed to the Supreme Court of Mississippi. The main issue on appeal was whether the State presented sufficient evidence to convict Turner of kidnapping. The court affirmed the lower court's decision, ruling that a rational juror could reasonably find each element of kidnapping beyond a reasonable doubt based on the evidence presented. The court rejected Turner's argument that the legislature did not intend for Section 97-3-53 to apply to her because she is AT’s natural parent, citing a precedent that a natural parent may be criminally liable for kidnapping their own child when a court decree denies them custody. View "Turner v. State" on Justia Law

Lawrence Morris was accused of raping his younger sister's best friend, Taylor, and was subsequently indicted, tried twice, and found guilty on one count of statutory rape. The incident allegedly occurred during a visit to the Morris family home, where Taylor's father was living at the time. Taylor claimed that while she was asleep, she woke up feeling "weird" and found Morris next to her with her leggings pulled down. She later discovered she was bleeding from her rectum. Taylor's mother immediately picked her up and they reported the incident to the police. A sexual assault exam at a local emergency room revealed a small rectal tear, but no seminal fluid or sperm cells were found in the subsequent forensic testing.The Newton County Circuit Court convicted Morris of statutory rape under Mississippi Code Section 97-3-65(1)(b) for having sexual intercourse with a child under the age of fourteen. Morris was sentenced to eight years, five suspended, three to serve, in the custody of the Mississippi Department of Corrections, followed by five years of supervised probation. He was also ordered to pay a fine and court costs and to register as a sex offender upon his release. Morris's first trial resulted in a mistrial due to a hung jury, and the same jury instructions were given in both trials. Morris appealed his conviction, claiming the jury's verdict was against the sufficiency of and the overwhelming weight of the evidence.The Supreme Court of Mississippi affirmed the conviction. The court found that the evidence was sufficient to support Morris's conviction for statutory rape. The court also determined that the jury's verdict was not against the overwhelming weight of the evidence. The court noted that the jury had the opportunity to weigh the credibility of the witnesses, and their decision to believe Taylor's version of events and deem her more credible could not be reweighed by the court. View "Morris v. State" on Justia Law

Joe Tubwell had been living in a house in DeSoto County, Mississippi, since 2005. In 2016, the mortgage loan on the house went into default, and foreclosure proceedings were initiated. Tubwell filed a complaint against the mortgage companies in an attempt to stop the foreclosure. The case was moved to a federal court where the mortgage companies were granted summary judgment. Tubwell, Morgan Stanley, and Specialized Loan Servicing LLC (SLS) entered settlement negotiations and reached an agreement. Tubwell agreed to vacate the property by April 30, 2020, in exchange for a confidential sum of money. The property was sold to FV-1, Inc., in trust for Morgan Stanley Mortgage Capital Holdings LLC. However, Tubwell refused to vacate the property by the agreed deadline and did not return the settlement funds.The mortgage companies filed a complaint against Tubwell in the DeSoto County Circuit Court to enforce the terms of the settlement agreement. The circuit court granted summary judgment ordering Tubwell to relinquish possession to the plaintiffs and dismissed Tubwell’s counterclaims for lack of jurisdiction. Tubwell appealed the decision to the Court of Appeals, which affirmed the circuit court's decision.The Supreme Court of Mississippi granted Tubwell’s petition for certiorari to address the issue of whether it was error to dismiss his counterclaims for lack of jurisdiction. The Supreme Court found that the circuit court had jurisdiction to entertain Tubwell’s counterclaims and erred when it declined to do so based on a lack of jurisdiction. The Supreme Court reversed the judgments of the circuit court and the Court of Appeals with regard to the dismissal of Tubwell’s counterclaims for lack of jurisdiction and remanded the case to the circuit court for further proceedings. The Supreme Court affirmed the judgments of the circuit court and the Court of Appeals on the remainder of the issues raised. View "Tubwell v. FV-1, Inc." on Justia Law

In 2009, Leverne Brent was injured while working for the Mississippi Department of Human Services (DHS) in a building owned by Madated, LCC. The Mississippi State Agencies Workers’ Compensation Trust (Trust), the carrier for DHS, provided Brent with compensation and medical expenses for her injury. In 2012, Brent and her husband sued the building owner and reached a settlement of $750,000. The DHS and the Trust intervened, claiming $358,210.77 for compensation and medical expenses paid to Brent. Brent challenged this amount, arguing that it included expenses that were not legally recoverable, such as surveillance and investigation costs. The Intervenors reduced their demand to $335,216.27, and the disputed amount was held in escrow pending further order.The trial court ordered the Intervenors to produce invoices and checks for each claimed expenditure. Brent continued to dispute the accuracy of the reduced demand and filed a motion for contempt, arguing that the Intervenors had failed to provide legitimate costs and total amount requests for reimbursement. Brent specifically challenged the reimbursement of $2,887.50 for an Employer Medical Evaluation (EME) conducted by a non-treating medical provider, arguing that this was not medical treatment. The trial court granted the Intervenors' Motion to Establish and Settle Lien, finding that the EME was a medical expense within the meaning of the Act. Brent appealed this decision.The Supreme Court of Mississippi reviewed the case and disagreed with the lower court's interpretation of the statute. The court found that the EME was not a medical expense as defined by the Workers’ Compensation Law, which requires medical treatment to be necessary and reasonable. The court ruled that the EME, conducted by a non-treating medical provider for the purpose of obtaining a second opinion, did not meet this definition. Therefore, the court reversed the judgments of the lower courts and ruled in favor of Brent, finding that she was not required to repay the $2,887.50 for the EME. View "Brent v. Mississippi Department of Human Services" on Justia Law

VT Halter Marine (VTHM), a shipbuilder, contracted to build a barge and a tug for a client. During construction, over a thousand steel flange plates were incorrectly bent due to the use of an improperly sized die, leading to thinning and cracking of the plates. The faulty plates were installed onto the vessels, and the cracking was discovered later. The cost of replacing and repairing the cracked flange plates amounted to approximately $3,300,000. VTHM submitted a claim to their insurer, Certain Underwriters of Lloyd’s of London (Underwriters), for the cracked flange plates.The Underwriters denied VTHM's claim, asserting that the policy excluded coverage for faulty workmanship and the cost of replacing or repairing improper or defective materials. VTHM contested the denial, leading to a lawsuit for breach of contract. Both parties filed motions for summary judgment in the trial court. The trial court granted Underwriters' motion for summary judgment, ruling that the policy unambiguously excluded coverage for faulty workmanship and the cost of repairing, replacing, or renewing any improper or defective materials.In the Supreme Court of Mississippi, VTHM appealed the trial court's decision, arguing that the flanges were part of the vessel and coverage for faulty workmanship exists if it results in cracking of the vessel. The Supreme Court, however, affirmed the trial court's judgment. The court found that the insurance policy unambiguously excluded the cost of replacing or repairing improper or defective materials. The court concluded that the faulty workmanship directly resulted in improper materials being installed, and the only resulting damage was to the improper materials themselves. Therefore, VTHM's claim for the costs of repairing and/or replacing the improper materials installed was not covered under the policy. View "VT Halter Marine, Inc. v. Certain Underwriters of Lloyd's of London" on Justia Law

In January 2020, Tiffany McClure, a probation officer, responded to a call for assistance during riots at the state penitentiary at Parchman. She alleges that the Mississippi Department of Corrections (MDOC) failed to pay her the promised overtime wages. This case is part of a series of actions filed by probation and parole officers seeking unpaid wages for their overtime work with the MDOC. The main question is whether Mississippi courts have jurisdiction to hear state employees’ claims against their employers for breach of contract.The MDOC argued that the Hinds County County Court erred by not dismissing McClure’s claims due to lack of subject matter jurisdiction. They contended that employment-related grievances are exclusively reviewed by the Employee Appeals Board, and any non-grievable claims have no right to relief under state law. McClure agreed that her claims were non-grievable, but asserted that the Hinds County County Court was the only forum that could provide relief.The Supreme Court of Mississippi affirmed the trial court’s ruling, stating that the Mississippi Constitution vests original jurisdiction with the circuit courts, and there are no adequate administrative remedies for McClure’s breach of contract and constitutional claims. However, the court noted that its holding was narrowly tailored to the specific facts of this case. The court also affirmed the Hinds County County Court's exercise of jurisdiction over the matter and remanded the case for further proceedings. View "Mississippi Department of Corrections v. McClure" on Justia Law

A fire broke out at Victor Young's property in Yazoo City, Mississippi, and spread to Kenneth Hampton's property. The Yazoo City Fire Department struggled to extinguish the fire due to a lack of tank water and difficulty connecting to a nearby fire hydrant. As a result, Young's property was completely destroyed, and Hampton's property was significantly damaged. Hampton, who was not physically injured during the fire, suffered a cardiac event and subsequent stroke three days later. Hampton and Young sued Yazoo City, alleging negligence and reckless disregard in failing to provide the necessary knowledge and equipment to fight fires, failing to properly train and supervise its firefighters, and failing to adequately maintain its fire hydrant system.The Yazoo County Circuit Court denied Yazoo City's motion for summary judgment, ruling that the questions of the city's immunity under the Mississippi Tort Claims Act (MTCA) for property damage and personal injury liability could not be answered without additional discovery. The city appealed this decision, arguing that it was immune from both property damage and personal injury liability under the MTCA.The Supreme Court of Mississippi reversed the lower court's decision. The court found that Yazoo City was immune from property damage liability because the plaintiffs did not allege that the city acted with reckless disregard for the safety and well-being of any person, as required by the MTCA. The court also found that the city was immune from personal injury liability because Hampton's claim linked the property damage to his personal injury, but did not argue that the fire department acted in reckless disregard of his safety and well-being. The court concluded that Yazoo City was immune from both property damage and personal injury liability under the MTCA, and therefore, the lower court improperly denied the city's motion for summary judgment. View "Yazoo City v. Hampton" on Justia Law

The case involves a dispute between two parties over the right to quiet enjoyment of property versus the right to hunt and harvest wildlife. The Dickersons, who own approximately 220 acres in Booneville, Mississippi, filed a complaint against the Allens and Cain, members of the Sand Hill Hunting Club. The Dickersons alleged that the Allens' and Cain's hunting dogs trespassed on their property, interfered with their preferred method of still hunting, and disturbed the quiet and peaceful enjoyment of their land. They sought injunctions to prevent the Allens' dogs from entering their property and to stop the Allens from parking or walking on any road right-of-way adjoining their land.The Prentiss County Chancery Court found that the repeated intrusion of deer hunting dogs onto the Dickersons' property constituted a private nuisance. The court granted permanent injunctions disallowing the hunting dogs from going onto the property. The court also ruled that if any of the Allens were found to be parked on the public road or public road right-of-way within sight of the Dickersons' property when deer dogs were found to be running on the Dickersons' property, it would be prima facie proof that the Allens violated the court’s injunctions. The court denied the Dickersons' request for monetary damages due to lack of sufficient evidence.The Allens appealed the decision to the Supreme Court of Mississippi. They raised several issues, including whether the trial court committed reversible error by failing to specify its path to finding private nuisance, whether deer hunting with dogs can be considered a private nuisance when done within the parameters of the law and in an area long known for dog hunting, and whether the trial court’s injunction adequately addresses the nuisance. The Supreme Court affirmed the lower court's decision, finding that the trial court's finding of private nuisance was supported by the evidence and that its issuance of a permanent injunction was within its judicial authority and adequately addressed the nuisance. View "Allen v. Dickerson" on Justia Law

The case revolves around the suicide of Donnie Clay while he was detained in the Tunica County Jail. Barbara Clay, Donnie's wife, and Whitney Jackson, Donnie's girlfriend, filed a wrongful death lawsuit against Sheriff K.C. Hamp and Tunica County. The plaintiffs alleged that the defendants violated Donnie's Fourteenth Amendment rights under 42 U.S.C. § 1983 by failing to prevent his suicide. The plaintiffs claimed that the defendants were aware or should have been aware of Donnie's vulnerability to suicide due to his history of multiple suicide attempts while detained in the jail, and that they failed to take action to prevent this risk.The defendants filed a combined motion for summary judgment, arguing that Sheriff Hamp was entitled to qualified immunity and that the County could not be held liable under § 1983 as the plaintiffs failed to establish that a policy or custom of the jail was the direct cause of Donnie's suicide. The trial court granted summary judgment in favor of the defendants, finding that Sheriff Hamp was entitled to qualified immunity and that the plaintiffs failed to identify a single policy or custom of the County that directly caused Donnie's suicide. The plaintiffs appealed the trial court's decision to grant summary judgment in favor of the County.The Supreme Court of Mississippi affirmed the trial court's decision. The court found that the plaintiffs failed to present evidence to establish that the training provided to the jail employees demonstrated deliberate indifference by the County to the potential for constitutional injuries. The court also found that a single episode of an employee's failure to follow jail policy does not establish a pattern of constitutional violations amounting to the policy of the County. Therefore, the court concluded that the trial judge did not err by granting the County's motion for summary judgment. View "Clay v. Tunica County, Mississippi" on Justia Law

Jerry Pittman and Brianna Pierce were indicted for burglary of a dwelling after they broke into a trailer owned by David Parker and stole several items. Pierce took a plea deal and testified against Pittman, who was subsequently convicted. Pittman appealed his conviction, arguing that his trial was constitutionally infirm because evidence of a prior bad act, specifically the theft of power tools in a separate incident, was improperly admitted.Prior to Pittman's trial, the Neshoba County Circuit Court heard a proffer from the State arguing that the evidence of the separate theft was admissible to show absence of mistake under Mississippi Rule of Evidence 404(b). The trial court agreed, noting that it could also show intent to steal, and decided to admit the evidence with a limiting jury instruction.In the Supreme Court of Mississippi, Pittman argued that the admission of evidence of the prior bad act was error and made his trial constitutionally unfair. The court, however, determined that even if the admission of the evidence was an error, it would be harmless. The court noted that the evidence against Pittman was overwhelming, including his own admission of breaking into the trailer and taking items, Pierce's testimony, his written confession, and the stolen items being located in his vehicle. The court concluded that any alleged error did not contribute to the verdict and affirmed Pittman's conviction. View "Pittman v. State of Mississippi" on Justia Law