Justia Mississippi Supreme Court Opinion Summaries

Carolyn Bowen sued Cottage Grove Nursing Home for wrongful death and medical negligence on behalf of her husband, Guy Bowen. Guy Bowen had been a resident of Cottage Grove since June 2016. In May 2017, Guy was diagnosed with prostate cancer that had metastasized into his organs and bones. In October 2017, Guy fell in the shower at Cottage Grove and sustained multiple fractures. The attending radiologist noted that the fractures were likely pathologic. Guy was transferred to a rehabilitation facility and then to Pleasant Hill Nursing Home. Guy did not return to Cottage Grove. On March 18, 2018, Guy presented to the emergency department at UMMC with various pain. A CT scan showed diffuse metastatic disease through his liver and widespread osseous disease in his bones. Guy died five days later. Carolyn in her suit, Carolyn claimed that Guy’s fall at Cottage Grove, in which he sustained multiple fractures, was the cause of Guy’s death five months later. Cottage Grove filed a summary-judgment motion for Carolyn’s failure to produce medical-expert testimony. The Mississippi Supreme Court determined the trial court erred by denying Cottage Grove’s summary-judgment motion. "Cottage Grove met its summary-judgment burden by showing that Carolyn had failed to produce sworn expert testimony establishing a prima facie case of medical negligence." View "Cottage Grove Nursing Home, L.P. v. Bowen" on Justia Law

Yancy Stevenson was convicted of two counts of first-degree murder. On appeal, Stevenson contended the circuit court should have declared a mistrial sua sponte after one of the State’s witnesses testified that Stevenson had said that “he thought somebody was gonna snitch on him and he hate to kill somebody else” and that “he ain’t killed nobody in a long time.” Stevenson’s counsel did not object to this testimony, thus Stevenson also contended he received ineffective assistance of counsel. The Mississippi Supreme Court rejected Stevenson's claims: even if his counsel had objected, the threat was admissible as evidence of Stevenson’s consciousness of guilt, and its probative value was not substantially outweighed by its prejudicial impact. Likewise, the Court found no merit to Stevenson’s contention that this failure to object constituted ineffective assistance of counsel. Stevenson’s conviction and sentence were affirmed. View "Stevenson v. Mississippi" on Justia Law

A Mississippi chancery court order set aside the probate of a will after the original was lost. On appeal, Michael Taylor, the sole beneficiary under the lost will, contended that the chancellor erred by applying the presumption that the testatrix had destroyed the will. “Without the entry of a Rule 54(b) certificate, a trial court order which disposes of less than all of the claims against all of the parties in a multiple party or multiple claim action, is interlocutory.” The Mississippi Supreme Court determined the order appealed from was not a final judgment, thus it lacked jurisdiction to consider Taylor's appeal. The appeal was dismissed. View "Taylor v. Tolbert" on Justia Law

A circuit court reversed the Board of Supervisors of Hancock County, Mississippi's decision to deny the application of Razz Halili Trust d/b/a Prestige Oysters (the Trust) to use a location within Hancock County zoned “C-4” (Zone C-4) as a marina — a use allowed as a matter of right in Zone C-4. The Board appealed, and after review, the Mississippi Supreme Court found that the Board’s decision was arbitrary, capricious and not supported by substantial evidence. The Supreme Court therefore affirmed the circuit court's decision. View "Board of Supervisors of Hancock County, Mississippi v. Razz Halili Trust" on Justia Law

Cynthia Burford was convicted by jury of burglary of a welling. The circuit court sentenced her to serve fifteen years in the custod of the Mississippi Department of Corrections and to pay a fine, restitution and court costs. The Court of Appeals declined to review her argument her defense counsel rendered ineffective assistance by making an untimely motion to suppress her confessions, finding the argument was most appropriate in post-conviction proceedings. The Mississippi Supreme Court found Burford received ineffective assistance of counsel. A video of Burford’s confession shows that a peace officer made several threats and promises to Burford. The officer acknowledged during his trial testimony that he had made the threats and promises in an effort to induce Burford’s confession. Under the circumstances, defense counsel rendered deficient performance by failing to make a timely motion to suppress the video confession and a subsequent written confession. Burford was prejudiced because a reasonable probability existed that the trial court would have granted a timely motion to suppress the confessions and because the confessions were the primary evidence of Burford’s guilt of burglary of a dwelling. "But for the admission of Burford’s confessions, the State’s only evidence of her guilt of burglary was that stolen items were found at her residence and in a car registered to her relative." Because the record affirmatively reflected deficient attorney performance and resulting prejudice, the Supreme Court reversed and remanded for a new trial. View "Burford v. Mississippi" on Justia Law

Mickeal Hollis was convicted by jury of possessing methamphetamine, for which he was sentenced to three years in the custody of the Mississippi Department of Corrections, pay a fine, and complete drug and alcohol treatment. Hollis appealed, but his appellate counsel found no arguable issues for appeal and filed a "Lindsey" brief. Continuing pro se, Hollis raised three issues the Mississippi Supreme Court determined were "vague allegations." Thus, finding no arguable issues or reversible error, the Mississippi Supreme Court affirmed Hollis' conviction and sentence. View "Hollis v. Mississippi" on Justia Law

The City of Grenada appealed a Circuit Court’s judgment affirming the findings of the Mississippi Department of Employment Security Board of Review (Board of Review) that a terminated police officer was entitled to unemployment benefits. The Board of Review found that Stefan Sanders failed a fitness-for-duty exam due to psychological problems and that the City of Grenada had acted reasonably by discharging Sanders. But because Sanders’s mental condition was outside his control, the Board of Review found that he was entitled to receive unemployment compensation. The Mississippi Supreme Court found that the Board of Review’s decision that Sanders was entitled to unemployment benefits was supported by substantial evidence, thus it affirmed the circuit court’s judgment affirming the Board of Review’s decision. View "City of Grenada v. Mississippi Department of Employment Security" on Justia Law

In September 2019, Brian Turner was found not guilty of one count of aggravated assault upon a law-enforcement officer (Count I), but was convicted of one count of failing to stop a motor vehicle pursuant to the signal of a law-enforcement officer (Count II), two counts of aggravated assault upon a law-enforcement officer (Counts III and IV) and one count of possession of a firearm by a felon (Count V). Turner appealed his convictions and the circuit court’s denial of his Motion for Judgment Notwithstanding the Verdict or, in the Alternative, for New Trial (J.N.O.V. Motion). Finding each of Turner’s assignments of error to be without merit, the Mississippi Supreme Court affirmed Turner’s convictions and the circuit court’s denial of the J.N.O.V. Motion. View "Turner v. Mississippi" on Justia Law

In September 2019, Robert McGowen filed a complaint in circuit court alleging that he had been sexually abused by a priest at Sacred Heart Catholic Church in 1984 and 1985 when McGowen was twelve to thirteen years old. According to McGowen, he repressed the memories until December 2018. Sacred Heart Catholic Church and the Roman Catholic Diocese of Biloxi answered the complaint and moved to dismiss based on the expiration of the statute of limitations in Mississippi Code Section 15-1-49. In April 2020, the circuit court entered an order dismissing the complaint without prejudice. McGowen appealed. Accepting the allegations in the complaint as true, the Mississippi Supreme Court concluded the trial court erred by finding that McGowen failed to state a claim. "Based on the allegations, we cannot agree that there is no set of facts upon which McGowan could recover; the decision of the circuit court is reversed and remanded." View "McGowen v. Roman Catholic Diocese of Biloxi" on Justia Law

Jim Harreld and Karl Banks ran for the position of District 4 Supervisor in Madison County, Mississippi. Banks won the November 5, 2019 election by fifty-seven votes. The Madison County Election Commission certified Banks as the winner of the election. Harreld challenged the election and asked the trial court to order a special election or to declare him the winner of the November election. The Madison County Circuit Court affirmed the election as certified. Harreld appealed. Finding no reversible error in the circuit court's order, the Mississippi Supreme Court affirmed. View "Harreld v. Banks" on Justia Law