Justia Mississippi Supreme Court Opinion Summaries

TM Wood Products, M Wood Products, Inc., Marty Wood, and Kim Whitlow (collectively, “TM Wood”) appeal the trial court’s denial of their motion to set aside the judgment under Mississippi Rule of Civil Procedure 60(b)(6). Marietta Wood Supply, Inc., and Marietta Dry Kiln, LLC (collectively, “Marietta”), contracted with TM Wood to sell lumber. TM Wood acted as broker and agreed to sell Marietta’s green lumber and dry kiln for a $10-$40 commission per thousand feet. Under the agreement, TM Wood also hired or employed various trucking companies to haul the lumber after it was sold. Marietta filed a complaint against TM Wood alleging breach of contract, breach of the implied covenant of good faith and fair dealing, and breach of fiduciary duty, as well as fraudulent inducement, concealment, misrepresentation, and negligence. Marietta alleged that TM Wood had been wrongfully billing both the purchaser and the seller for shipping costs. It also alleged that TM Wood had been charging and receiving extra commissions on the lumber units TM Wood sold for Marietta from 2004 to 2012. After a bench trial, the court entered a final judgment in favor of Marietta in the amount of $800,000. The trial court found that TM Wood had been properly served at the addresses provided in an Agreed Order Allowing Withdrawal of Counsel. Marietta alleged that it sent a copy of the final judgment to Wood and Whitlow the following day. Marietta then hired an attorney in Arkansas to collect the judgment. TM Wood retained new counsel the following business day and served its motion to set aside the Mississippi judgment. TM Wood argued on appeal to the Mississippi Supreme Court that its right to a jury trial was violated, that it failed to receive notice of the bench trial, and that the judgment was excessive. The Supreme Court found the circuit clerk failed to send notice of the impending trial to TM Wood in accordance with Mississippi Rule of Civil Procedure 40(b), therefore, it reversed the trial court’s decision. View "TM Wood Products v. Marietta Wood Supply, Inc." on Justia Law

Using a cell-phone app that simulated a flashing police light, Louis Scott impersonated an undercover police officer and pulled over a young woman late at night. Scott approached the woman’s vehicle and threatened her with a knife through the car window, but the woman escaped by driving away suddenly. Based on this, Scott was convicted of attempted kidnapping. Evidence admitted at trial revealed Scott had kidnapped and raped another young woman later the same evening. On appeal, Scott contended the evidence of the second attack was substantially more prejudicial than probative under Mississippi Rule of Evidence 403. The Mississippi Supreme Court determined that argument was without merit: Scott’s kidnapping and rape of the second victim was highly probative of his intent with regard to the attempted kidnapping charge. Scott also contended for the first time on appeal, that his indictment was defective because it failed to specifically allege Scott failed in the kidnapping attempt. The Court held in the past that such allegation was not required. Therefore, the Court affirmed Scott’s conviction and sentence. View "Scott v. Mississippi" on Justia Law

Luther Gene Folson, Jr., contested the 2019 general election for sheriff of Yalobusha County, Mississippi. Mark Fulco was declared the winner by a margin of two votes. The trial court ordered that a special election be held because the commingling of four illegal absentee votes with legal absentee votes had made it impossible to discern the will of the voters. Folson appeals the trial court’s order. This case was under expedited review. The Mississippi Supreme Court concluded the issue on direct appeal was not whether there were illegal votes; rather the issue was whether a special election was the appropriate remedy. On cross-appeal, the issue was whether newly registered voters who had not voted in the general election should have been allowed to vote in the court-ordered special election. The Supreme Court found the trial court appropriately ordered a special election after determining that the will of the voters could not be ascertained. Fulco’s cross-appeal was without merit because Mississippi law allowed an elector to vote in any election as long as the elector satisfied the necessary voting requirements. Thus, the Supreme Court affirmed the trial court’s decision. View "Folson v. Fulco" on Justia Law

In 2016, an unidentified driver struck a flagpole owned by 100 Renaissance, LLC, causing $2,134 in damage. Renaissance filed a claim with its insurance company, Travelers Property Casualty Company of America. Renaissance sought coverage under its automobile liability-insurance policy, which included uninsured-motorist(UM) coverage. Travelers denied the claim, determining there was no coverage under the UM policy because the flagpole was not a covered "auto." Renaissance's attorney sent an email to Travelers' claims handler, setting forth the Renaissance's legal arguments as to why coverage should be afforded under Mississippi's UM statute. The claims handler forwarded the email to Travelers' in-house counsel. When the claim was still denied, Renaissance filed suit on a bad-faith failure-to-pay theory. Renaissance took the claim handler's deposition, and asked her to explain the reasons Travelers denied the claim. In an effort to resolve the matter, Travelers paid the full amount for damage to the flagpole. Renaissance, however, continued to litigate its bad-faith claim. Travelers moved for summary judgment. Renaissance responded by asking for a continuance to conduct additional discovery. The additional discovery Renaissance claimed it needed was a production of the emails between the claims handler and the in-house counsel. The trial court granted the request for Travelers to produce the emails for in camera review. After that review, the trial court found that “Travelers ha[d] waived the attorney-client privilege as it relates to attorney Jim Harris.” The trial court ordered Travelers to produce the emails and to produce Harris (in-house counsel) for a deposition. Travelers filed a petition for interlocutory appeal, which the Mississippi Supreme Court granted. The Supreme Court did not disagree with the trial court's determination that the privilege was waived, and affirmed its judgment. View "Travelers Property Casualty Company of America v. 100 Renaissance, LLC" on Justia Law

The case originated from an action brought by Bay Point Properties, Inc. against the Mississippi Transportation Commission in which Bay Point sought damages resulting from inverse condemnation. After the verdict, Bay Point filed a motion requesting attorneys’ fees, costs, and expenses. The trial court awarded $500 in nominal damages and denied Bay Point’s request for attorneys’ fees, costs, and expenses. Finding no reversible error, the Mississippi Supreme Court affirmed the trial court's judgment. View "Bay Point Properties, Inc. v. Mississippi Transportation Commission" on Justia Law

Dex Hunter Stone was indicted for sexual battery and lustful touching of a child. A jury acquitted him of sexual battery but found him guilty of lustful touching of a child. The Circuit Court sentenced Stone to ten years in the custody of the Mississippi Department of Corrections with six years suspended and five years of probation. Stone appealed the denial of his motion for a new trial, arguing the verdict was against the overwhelming weight of the evidence and that newly discovered evidence entitled him to a new trial. Finding no reversible error, the Mississippi Supreme Court affirmed. View "Stone v. Mississippi" on Justia Law

Michael Ray Jones was convicted by jury of aggravated assault. Jones appeals, arguing that the prosecution’s comments on his refusal to give a statement violated his constitutional right to remain silent. Additionally, Jones argues that it was plain error for the trial court to allow hearsay statements. A majority of the Mississippi Supreme Court concluded the State's comments on Jones' silence did not violate his right to remain silent, and any potential violation was cured by a sustained objection. Furthermore, the Court determined the admission of purportedly hearsay testimony did not amount to plain error. Therefore, the trial court's judgment was affirmed. View "Jones v. Mississippi" on Justia Law

The chancery court tried this adoption case twice. After the first trial, the chancellor granted the adoption petition of the maternal grandparents, C.C.B. and S.R.B.; after the second trial, the chancellor granted the competing adoption petition of G.E.K. and G.R.K., the foster parents. The grandparents appealed, arguing for the first time that the chancery court lacked subject matter jurisdiction under the Mississippi Termination of Parental Rights Law (MTPRL) to terminate parental rights and adjudicate the adoption of S.A.B. Also, for the first time on appeal, they argued the chancery court lacked jurisdiction because it failed to order a home study as required by statute. After review, the Mississippi Supreme Court held the chancery court had jurisdiction under the MTPRL to accept the voluntary releases of parental rights filed by S.A.B.’s natural parents and to order S.A.B.’s adoption. Further, the Court held that, because the failure to order a home study did not implicate the chancery court’s subject matter jurisdiction, the issue could not be raised for the first time on appeal. Therefore, the Court affirmed. View "In the Matter of the Adoption of the Minor Identified in the Petition: C.C.B. and S.R.B. v. G.A.K. and G.R.K." on Justia Law

Alan Dale Walker was convicted of the capital murder of Konya Edwards during the commission of sexual battery, for which he was sentenced to death. He also was convicted of forcible rape and kidnapping for which he was sentenced to thirty and thirty-five years, to run consecutively. On direct appeal, the Mississippi Supreme Court affirmed his convictions and sentences, and denied Walker’s application for leave to file a motion for post-conviction relief. Walker filed a successive motion, and the Court held that his post-conviction counsel had rendered ineffective assistance of counsel. The case was remanded back to the trial court for a hearing to determine whether Walker’s trial counsel had been ineffective under the standard set forth in Strickland v. Washington, 466 U.S. 668 (1984), in searching for and presenting mitigating evidence during the penalty phase of the trial and whether such deficient performance, if any, had prejudiced Walker. After a hearing on remand, the trial court held that Walker failed to meet his burden of proof that trial counsel had rendered deficient performance that prejudiced him. Walker appealed. Following a review of the record, the Supreme Court found no reversible error, and affirmed the trial judge's decision. View "Walker v. Mississippi" on Justia Law

David Blue was convicted of capital murder when the only sentences for that crime were death or life imprisonment. Blue was sentenced to death, and his death sentence was subsequently found unconstitutional because he was both intellectually disabled and a minor when he committed the crime. The trial court sentenced Blue to life without parole, and he requested a "Miller" hearing to determine whether that new sentence was appropriate. While his petition for post-conviction relief was pending before the trial court, the Mississippi Supreme Court found Section 99-19-107 inapplicable to individuals for whom the death penalty was found unconstitutional. The trial court ordered a mental evaluation to help with a Miller determination regarding whether to sentence Blue to life or life without the possibility of parole. Blue filed an interlocutory appeal with the Supreme Court, arguing that a mental evaluation and hearing were unnecessary, because only one constitutional sentence was available: life imprisonment. The State argued that life without parole was a sentencing option because the statutory amendments that added life without parole as a sentencing option for capital murder applied to Blue. Because applying life without parole as a sentencing option to Blue would violate the prohibition against ex post facto laws, the Supreme Court vacated the trial court’s order and remanded the case with instructions to sentence Blue to life imprisonment. View "Blue v. Mississippi" on Justia Law