Justia Mississippi Supreme Court Opinion Summaries

This case was an interlocutory appeal. Riverbend Utilities alleged that the trial court erred by: (1) adding Arch Insurance Company as an involuntary counterplaintiff, and (2) ordering Riverbend to make four individuals available for deposition. In August 2006, sewage backed up into a home occupied by Hugh Brennan, Shanda Brennan, Meranda Brennan, Diana Marut, and Sarah Marut1 (“the Brennans”) in Saucier. During discovery, Riverbend learned that the Brennans’ home had suffered damage from Hurricane Katrina in August 2005. In August 2009, with leave of the trial court, Riverbend counterclaimed, alleging that the Brennans had submitted the same invoices to Riverbend that they previously had submitted to their homeowner’s insurance provider and that they had been paid by that insurer. Upon review of the trial court record, the Supreme Court found that the trial court erred in ordering that Arch be made a party to the counterclaim. Furthermore, the Court held that the individuals noticed for depositions were not parties, Mississippi residents, or Riverbend employees, and concluded the trial court abused its discretion in ordering Riverbend to make them available for deposition. The Court reversed the trial court and remanded the case for further proceedings. View "Riverbend Utilities, Inc. v. Brennan" on Justia Law

Appellant Jeremy Davis was convicted of aggravated assault on a law-enforcement officer, escape, burglary and possessing a firearm as a felon. Appellant's attorney filed an appeal, the briefs to which provided only generalized assertions that the State had violated Appellant's constitutional rights by exercising all of its six peremptory strikes against African-American jurors. After reviewing the briefs and the trial court's record, the Supreme Court found no error and upheld the trial court's decision and Appellant's convictions. View "Davis v. Mississippi" on Justia Law

Chancery Court granted James and Johnnie Irving a divorce. Mr. Irving filed a petition for modification of his child-support payments, based on a change of circumstances brought about by the loss of his job which had occurred three weeks prior to the entry of an order that upwardly modified his support obligations. The chancellor declared that res judicata prevented Mr. Irving from presenting evidence of his job loss before the entry of the court's order. Mr. Irving appealed, alleging the chancellor erred by ruling res judicata prohibited him from presenting the evidence. Upon review, the Supreme Court concluded the chancellor erred in its ruling in Mr. Irving's case. The Court reversed the chancellor's decision and remanded the case for further proceedings. View "Irving v. Irving" on Justia Law

Defendant Kenneth Keys was eligible for parole on a life sentence, but ineligible for parole on a fie-year sentence for a later, simple assault conviction. The circuit court held that Defendant was not eligible for parole on either conviction because Defendant could not begin serving the five-year sentence until he completed the life sentence. The Court of Appeals reversed the trial court's holding, finding that the trial court lacked jurisdiction to consider the issue. Upon review of the lower courts' records, the Supreme Court concluded that the trial court indeed had jurisdiction, and that Defendant remained parole-eligible on his life sentence. The Court reversed the Court of Appeals and affirmed the trial court's decision. View "Keys v. Mississippi" on Justia Law

Petitioners Mary Gray, Peggy Pettaway, Kimberly Clausell, Lillian Byrd, and Chris Clausell filed negligence lawsuits against the City of Jackson, City of Raymond and Alice Wilson. Before trial, Raymond settled with Petitioners leaving Jackson and Ms. Wilson as Defendants. A Raymond police officer pursued Ms. Wilson who was driving erratically on a Raymond highway. Jackson officers were notified that Raymond police were in pursuit of Ms. Wilson's vehicle and assisted in the pursuit. The chase ended with Ms. Wilson striking a vehicle containing the Clausells and Ms. Byrd. Ms. Wilson died from the injuries she sustained, and Kimberly Clausell and Lillian Byrd were both injured in the crash. The trial court found that Ms. Wilson was fifty percent at fault, Raymond was thirty percent at fault and Jackson was twenty percent at fault. Jackson appealed the final judgment of the circuit court arguing that the court's apportionment of fault was made in error. Upon review, the Supreme Court found that the trial court's judgment was not supported by substantial evidence. The Court reversed the circuit court's judgment in favor of Petitioners and rendered judgment in favor of Jackson. View "City of Jackson v. Gray" on Justia Law

Minor Petitioners Latisha Head and Ashley McCoy through their mothers Shirley Russell and Shirley McCoy (collectively Petitioners) filed a complaint against the Jackson Public School District (JPS), the City of Jackson, the Jackson Police Department and several school officials because of a skirmish that occurred at Watkins Elementary School. Petitioners' complaint alleged assault and battery against a school official as a result of an altercation with Ms. Head. Four years would pass between Petitioners' initial complaint and the discovery phase of the case for various reasons by both parties' counsel. JPS moved to dismiss the complaint for failure to prosecute. The circuit court denied the motion, and from this denial, JPS appealed to the Supreme Court. Upon review of the trial court record, the Supreme Court found no inexcusable delay and that JPS suffered no actual prejudice. The Court affirmed the trial court's dismissal of JPS' motion, and remanded the case for further proceedings. View "Jackson Public Sch. Dist. v. Head" on Justia Law

The estate of Charles Harris filed a medical malpractice action against John Lee, M.D. and the Forest Family Practice Clinic. Days before trial, the estate tried to move the circuit court to transfer venue based on Dr. Lee's status in the community and his son's position as the local sheriff. The circuit court denied the estate's motion. In jury selection, the estate exercised only seven of its ten peremptory challenges. Ultimately the empaneled jury returned a verdict in favor of Dr. Lee and the clinic. On appeal, the estate argued multiple errors at trial pertaining to voir dire and to the court's jury instructions warranted a new trial. Upon review, the Supreme Court found certain jurors' lack of candor during voir dire, and subsequent disclosures and opinions that surfaced only during jury deliberations constituted misconduct that the trial court should have considered before denying the estate's motion to set aside the verdict. Therefore, the Court reversed the circuit court's denial of the estate's motion to set aside the verdict and remanded the case for a new trial. View "Merchant v. Forest Family Practice Clinic, PA" on Justia Law

The Mississippi Commission on Judicial Performance (Commission) filed two formal complaints against Alcorn County Justice Judge Jimmy McGee alleging willful misconduct and conduct prejudicial to the administration of justice which brought the office into disrepute. The Commission and Judge submitted a joint motion for approval of a 120-day suspension, a public reprimand, costs and fees to the Supreme Court. After its independent review, the Supreme Court agreed that Judge McGee's conduct violated several canons of the Code of Judicial Conduct. The Court disagreed with the Commission's recommendation. The Court found the Judge's actions warranted a public reprimand, suspension from office for 270 days, and costs and fees. View "Mississippi Comm'n on Judicial Performance v. McGee" on Justia Law

A grand jury indicted Vanessa Decker under the Mississippi Vulnerable Adults Act for using her mother's money without the mother's consent. At trial, the evidence established that she had obtained her mother's consent to use the money, so the State requested (and the trial judge granted) a jury instruction that allowed the jury to find Ms. Decker guilty even if she had permission to use the money. Ms. Decker was sentenced to a four year jail term and sentenced to pay restitution, fines and court costs. On appeal, Ms. Decker argued that the jury instruction was a material mistake. Upon review, the Supreme Court found the instruction materially changed the grand jury's indictment. Accordingly, the Court reversed the lower courts' decisions in this case and remanded it for further proceedings.

Appellants Bobbi Young and Linda Carter, next of kin to Clarence Young, appealed an order of the circuit court that granted summary judgment in favor of Respondent Dr. Robert Smith and Baptist Memorial Hospital. On appeal, the Youngs argued that the circuit court abused its discretion in refusing to grant their "motion to withdraw admissions" filed seven years after the admissions were otherwise "conclusively established." Upon review, the Supreme Court found that the circuit court's ruling was well within its discretion under the Mississippi Rules of Civil Procedure. The Court further affirmed the circuit court's finding that no genuine issue of material fact remained regarding the Youngs' claims against Dr. Smith and the hospital, and affirmed the grant of summary judgment in the Doctor's favor.