Justia Mississippi Supreme Court Opinion Summaries

Dewayne Small was convicted by jury of felony exploitation of a vulnerable adult. The charge stemmed from Small and his girlfriend cashing twenty checks totaling more than $12,000 written by 79-year-old Charlotte Davis. Small claimed he was performing yard work for Charlotte, a widow who lived alone. But after viewing photographs of a half-cut tree, piles of debris, unraked leaves, overgrown shrubs, and other evidence of a scam, the jury rejected his argument. Based on the guilty verdict, the trial judge sentenced Small as a habitual offender to ten years in prison without the possibility of parole. On appeal, Small challenged the weight and sufficiency of the evidence presented against him at trial. Small also filed a pro se supplemental brief: challenging his habitual- offender status; and claiming the jury was tainted because the trial court did not strike for cause a juror who had previously worked with the police officer who testified against Small. Finding no reversible errors, the Mississippi Supreme Court affirmed Small's conviction. View "Small v. Mississippi" on Justia Law

Harry Green owned multiple properties at the time of his death, eight of which were at issue in this appeal. Several years prior to his death, Harry conveyed these properties to his sister Shirley Cooley, and later had Shirley reconvey six of the properties back to him. The reconveyance deeds were not notarized or recorded. Years later, Harry executed a will that divested the properties to his wife, Cristina Green, and to his grandchildren. The chancery court and the Court of Appeals found that Harry never accepted the reconveyance deeds and declined to impose a constructive trust, holding that Shirley owned all eight properties. Because the evidence clearly indicates that Harry accepted the six reconveyance deeds, the Mississippi Supreme Court reversed the judgments of the Court of Appeals and the chancery court as to the ownership of the six reconveyed properties. However, the Court found Cristina did not establish by clear and convincing evidence that a constructive trust was warranted. The Court therefore affirmed the judgments of the Court of Appeals and the chancery court regarding the ownership of the two properties not subject to reconveyance deeds. View "In Re Estate of Harry J. Green" on Justia Law

Paul Barton appealed his conviction for possession of a stolen firearm. To the Mississippi Supreme Court, Barton argued the evidence was insufficient to show that he knew the firearm was stolen. At trial, Barton was also convicted of possession of a firearm by a felon, but he conceded that sufficient evidence supported that conviction. The Court of Appeals affirmed Barton’s convictions, concluding that the evidence was sufficient to support Barton’s conviction for possession of a stolen firearm. After review, the Supreme Court concluded the State failed to present sufficient evidence to prove that Barton knew the firearm was stolen and, therefore, that the State failed to present sufficient evidence to support Barton’s conviction of possessing a stolen firearm beyond a reasonable doubt. Therefore, the Court affirmed in part and reversed and remanded in part the judgments of the Court of Appeals and of the Circuit Court. The Supreme Court acquitted Barton as to the possession-of-a-stolen-firearm charge. View "Barton v. Mississippi" on Justia Law

Murphy Burnett was arrested and detained for several years. The State eventually moved to nolle prosequi its criminal case against Burnett, and he was released from detention. Burnett filed suit against several governmental entities based on torts connected to his arrest, prosecution, and detention. All the entities moved to dismiss based on a failure to file proper notices of claims and based on the statutes of limitation. The trial court granted these motions. Because proper notices of claims were not sent, because most of the claims were barred by one-year statutes of limitation, and because Burnett did not specifically raise the remaining claims on appeal, the Mississippi Supreme Court affirmed the trial court's judgment. View "Burnett v. Hinds County, Mississippi" on Justia Law

Mark Gibson and Court Properties, Inc., appeal the circuit court’s dismissal for lack of jurisdiction of their county-court appeal. In 2009, the Bells acquired a loan from Tower Loan. The Bells’ house was collateral for the loan. The Bells later experienced financial hardship. As a result, Tower Loan recommended that the Bells contact Gibson and Court Properties, Gibson’s wholly owned corporation, for financial assistance. On September 20, 2013, the Bells executed a promissory note, a deed of trust, and an assumption warranty deed with Court Properties. Approximately three months later, Gibson evicted the Bells and shortly thereafter, sold their house. The Bells sued Gibson and Court properties alleging fraud, breach of fiduciary duty, bad faith and wrongful foreclosure. A jury returned a verdict unanimously in favor of the Bells. Gibson and Court Properties moved for a new trial and for judgment notwithstanding the verdict. The motion was denied, and the Bells' request for attorneys' fees was granted. Gibson appealed within thirty days of the trial court's denial of his motions, but did not pay the cost bond within thirty days of the final judgment as required by statute. Gibson paid the estimated costs on April 18, 2018, which was one day before the circuit clerk’s deadline, but five days after the thirty-day statutory deadline required by Section 11-51-79. The Bells moved to dismiss the appeal for lack of jurisdiction, which was granted. Because Gibson and Court Properties failed to pay the cost bond within thirty days of the final judgment as required by Mississippi Code Section 11-51-79 (Rev. 2019), the Mississippi Supreme Court affirmed the circuit court’s dismissal for lack of jurisdiction. View "Gibson v. Bell" on Justia Law

Following an investigation, the Mississippi Commission on Judicial Performance determined that Copiah County Justice Court Judge Teresa Bozeman had violated Canons 1, 2A, 2B, 3B(2), 3B(7), and 3C(1) of the Code of Judicial Conduct as well as Mississippi Code Section 9-11-9 (Rev. 2019). During her tenure on the bench, Judge Bozeman’s conduct resulted in violations of the Code of Judicial Conduct and Mississippi Code Section 9-11-9. Specifically, Judge Bozeman (1) initiated improper ex parte communications to investigate a pending civil matter, (2) failed to comply with the statutory limitations of money judgments in justice court, and (3) retaliated against a complainant who filed a complaint with the Commission. The Commission found that Judge Bozeman’s conduct constituted willful misconduct in office and conduct prejudicial to the administration of justice that brought the judicial office into disrepute, actionable under article 6, section 177A, of the Mississippi Constitution. The Commission recommended that Judge Bozeman be suspended from office without pay for thirty days, be publicly reprimanded, and be fined $1,000. After review, the Mississippi Supreme Court found the agreed recommendation was appropriate and commensurate with similar cases of misconduct. Thus, the joint motion was granted, and Judge Bozeman was suspended from office without pay for thirty days, was publicly reprimanded, and fined $1,000. View "Mississippi Comm'n on Judicial Perf. v. Bozeman" on Justia Law

After the Mississippi Department of Public Safety (MDPS) reinterpreted a provision in a contract between it and the Mann Agency, LLC, the MDPS refused to pay more than $700,000 in invoices submitted by the Mann Agency. The Mann Agency filed suit against the MDPS for breach of contract. The trial court dismissed each party’s breach-of-contract claim, found that the case involved a bona fide dispute, and denied the Mann Agency’s claim for interest and attorneys’ fees. The Mann Agency appealed the trial court’s decision to deny its claim for interest and attorneys’ fees, arguing that the MDPS acted in bad faith. The MDPS cross-appealed, arguing the trial court erred by dismissing as moot its breach-of-contract claim. Finding no reversible error, the Mississippi Supreme Court affirmed the trial court's decisions. View "Mann Agency, LLC v. Mississippi Department of Public Safety" on Justia Law

Bobby Batiste was convicted of capital murder and sentenced to death. His conviction and sentence were affirmed by the Mississippi Supreme Court. The Court later granted him the right to file a petition for post-conviction relief (PCR), finding he was entitled to a hearing regarding alleged communications between bailiffs and/or others and members of the jury. During the hearings, a motion was made requesting that the trial judge recuse. This motion was denied, and, ultimately, the PCR was denied. Batiste appealed both the denial of the request to recuse as well as the denial of the PCR on its merits. Because the Supreme Court found that evidentiary questions remained relating to the recusal issue, it did not address the merits of the PCR. The matter was remanded for further proceedings. View "Batiste v. Mississippi" on Justia Law

The mayor and the board of aldermen of the City of Laurel, Mississippi unanimously passed an ordinance to extend Laurel’s boundaries, but the Pendorff Community Association contested the annexation. Following a bench trial, the Chancery Court of Jones County ruled in favor of Laurel and entered an order approving the annexation. Pendorff appealed the chancery court’s ruling. After reviewing the record, the Mississippi Supreme Court could the chancery court’s approval of the annexation was reasonable. Therefore, the Court affirmed. View "Pendorff Community Association, LLC v. City of Laurel" on Justia Law

Six plaintiffs sought a declaratory judgment regarding the meaning of the absentee-ballot provision under Mississippi law and its most recent addition in the context of the COVID-19 pandemic. Their claims dealt exclusively with Mississippi Code Section 23-15-713(d). In partially granting plaintiffs' request, the chancery court ruled: "as it pertains to the issue of . . . whether [Section] 23-15-713(d) permits any voter with pre-existing conditions that cause COVID-19 to present a greater risk of severe illness or death to vote by absentee ballot during the COVID-19 pandemic – is well taken and the relief sought is hereby GRANTED to the extent that such pre-existing 'physical . . . condition impairs, interferes with, or limits a person’s ability to engage in certain tasks or actions or participate in typical daily activities and interactions' or in an 'impaired function or ability' that interferes thereof." The chancery court denied the Plaintiffs’ second request, finding that Section 24-15- 713(d) did not permit any voter to vote absentee if he or she wanted to avoid voting in-person at a polling place due to guidance from the MDH, the CDC, or public-health authorities to avoid unnecessary public gatherings during the COVID-19 pandemic. The chancery court declared, however, that “a voter will be allowed to vote absentee if he or she or any dependent has consulted with a physician who recommends, because of that individual’s physical disability or that of their dependent, not attending any public gathering because of the possibility of contracting COVID-19[.]” The chancery court denied the Plaintiffs’ third request for injunctive relief. Secretary of State Michael Watson, Jr. appealed the chancery court’s order, arguing the plain terms of Section 24-15-713(d), a voter must have a “physical disability,” and “because of” that disability, voting in-person “could reasonably cause danger” to the voter or others. The Secretary of State maintained a preexisting condition that was not itself a “physical disability” cannot satisfy the statute, whether or not the voter believed that COVID-19 might make voting in person dangerous. The Secretary of State contended the chancery court erred to the extent its order suggested that Section 23-15-713(d) applied to voters otherwise. The Mississippi Supreme Court concluded the chancery court erred to the extent its order declared Section 25-15-713(d) permitted any voter with preexisting conditions that cause COVID-19 to present a greater risk of severe illness or death to vote by absentee ballot during the COVID-19 pandemic. Further, the chancery court erred to the extent that its order allowed a “recommended” quarantine to qualify as a “physician-imposed quarantine.” The court's order was affirmed in all other respects. View "Watson v. Oppenheim" on Justia Law