Justia Mississippi Supreme Court Opinion Summaries

The Chancery Court set aside an interviews gift of about forty acres of land fronting Highway 6 near Oxford, Mississippi. Ninety-year-old grantor Mary Saunders Waller, hard of hearing and legally blind, allegedly granted the land to Waller’s daughter and son-in-law, Brenda and Craig Gordon. A conservator for Waller’s estate petitioned the probate court to set aside the deed to the Gordons. The chancellor found the Gordons were unable to rebut the presumption of undue influence. On appeal, the Gordons contended the Chancery Court erred in excluding certain testimony of Waller’s attorney and her physicians. The Mississippi Supreme Court found, however, the Gordons failed to make an offer of proof: since the Supreme Court would have no way of knowing what the physicians would have said had they testified, the Court could not conclude excluding their testimony was an error. The Court determined the Chancery Court did not abuse its discretion denying the Gordons’ motion for a new trial “based on arguments that could have, and should have, been raised at trial.” View "In The Matter of The Last Will & Testament of Mary Saunders Waller" on Justia Law

A grand jury indicted, and a jury convicted, Gerome Montreal Moore for the capital murder of Carolyn Temple during the commission of a robbery. He was sentenced to life without parole. On appeal, the Mississippi Supreme Court affirmed the conviction, but vacated the sentence. The Court determined Moore needed to be resentenced by a jury under Mississippi Code Section 99-19-101. "The jury will determine if Moore should be sentenced to life imprisonment without parole or life imprisonment with eligibility for parole. If the jury determines that Moore should be eligible for parole, Moore is to be sentenced to life imprisonment with eligibility for parole, notwithstanding the provisions of Mississippi Code Section 47-7-3(1)(e)." View "Moore v. Mississippi" on Justia Law

The Lamar County Mississippi School District denied a request by Smith Petroleum to erect and construct an LED advertising billboard on its Sixteenth Section leasehold located on Old Highway 11 in Hattiesburg. Smith Petroleum filed its Notice of Appeal and Bill of Exceptions with the Chancery Court of Lamar County. The chancellor affirmed the School District’s denial of Smith Petroleum’s request to erect and construct the LED billboard. Finding no error, the Mississippi Supreme Court affirmed the chancery court. View "Smith Petroleum, Inc. v. Lamar County School District" on Justia Law

Larry Knight was convicted of one count of molestation and was sentenced to serve fifteen years in the custody of the Mississippi Department of Corrections (MDOC). Knight appealed, and his attorneys filed a brief under Lindsey v. Mississippi, 939 So. 2d 743 (2005), stating they searched the record but were unable to find any arguable issues for appellate review. Knight was given the opportunity to file a pro se brief, asked for more time, but ultimately filed nothing. The Mississippi Supreme Court reviewed the record and found no error. Accordingly, it affirmed the trial court's judgment. View "Knight v. Mississippi" on Justia Law

Larry Seward worked for Illinois Central Railroad Company from 1961 to 2004. In 2005, Seward settled an asbestosis claim with Illinois Central. He subsequently developed and passed away from anaplastic oligodendroglioma, a type of brain cancer. In 2012, Andrew L. Ward sued Illinois Central on behalf of Seward. Ward alleged that Illinois Central breached its duty of care and failed to provide Seward with a safe place to work. The complaint detailed specific issues with the work environment, including Seward’s exposure to chemicals and hazardous conditions. The complaint alleged that the working environment “caused, in whole or in part,” Seward’s brain cancer. Illinois Central filed a motion for summary judgment based on a previous settlement and release that Seward had entered into with Illinois Central before his death. The trial court granted Illinois Central’s motion for summary judgment. Ward appealed the trial court’s grant of summary judgment. The Mississippi Supreme Court determined there were no remaining issues of material fact, therefore, affirmed the trial court's judgment. View "Ward v. Illinois Central Railroad Company" on Justia Law

Shannon Parker appealed his aggravated-assault conviction and enhanced sentence. Eric and Edna Burkett were standing outside their home in Hattiesburg, Mississippi, when a white pickup truck stopped in front of them. The driver got out, and the Burketts asked if he needed help. The man mumbled something, grabbed a rifle, and shot Eric, wounding him. The man also fired shots at Edna but missed. Soon after, the police found the white truck in a nearby ditch, tires still spinning. The driver, later identified as Parker, was arrested and later confirmed by the Burketts as the man who attacked them. Parker appeared to be under the influence. At the interviewing officer’s recommendation, Parker underwent a mental evaluation. The evaluation was performed by a licensed professional counselor. Parker told the counselor that he had previously been treated for anxiety and depression. The counselor concluded that Parker “was verbal and responsive” and that “[h]is thought processes were rational.” Although indicted on two counts of assault, the State elected to proceed only on the aggravated assault against Eric, with a five-year sentencing enhancement for using a firearm. A week before the scheduled trial, Parker planned to plead guilty. But at the hearing, Parker claimed he had no recollection of the crime, and that he could not verify the State’s recitation of the facts. Under the circumstances, the trial judge determined he could not accept Parker’s plea. Parker presented three issues on appeal: (1) the trial judge erred in allowing the State’s firearm expert to testify; (2) the trial judge abused his discretion in denying Parker’s motion for a mental evaluation; and (3) the firearm enhancement violated the constitutional prohibition against double jeopardy. While the appellate court unanimously agreed the first and third issues presented no reversible error, the court was equally divided on the second issue. Based on this split, the Mississippi Supreme Court granted Parker’s petition for certiorari review. Although Parker reasserted all three appellate issues in his petition, the Court limited its review to the issue of Parker’s request for a mental evaluation. The Court found that although given the opportunity to do so, Parker presented no concrete reason establishing the need for a mental evaluation to assist in the pursuit of a viable insanity defense. Instead, Parker offered only unsupported assertions of diminished capacity (a defense not recognized by Mississippi law). The Court thus affirmed. View "Parker v. Mississippi" on Justia Law

Rex Distributing Company was a wholesaler of Anheuser-Busch’s beer. When Rex sought to sell its business, Anheuser-Busch asserted a contractual right to “redirect” the sale to its preferred buyer, Mitchell Distributing Company. Rex alleged the redirect provision was void under Mississippi’s Beer Industry Fair Dealing Act (BIFDA) and that Anheuser-Busch’s interference with the sale caused it damages actionable under the same statute. The trial court dismissed Rex’s claims against Anheuser-Busch and Mitchell for failure to state a claim upon which relief can be granted. The Mississippi Supreme Court reversed, however, concluding Rex alleged a valid cause of action. The dismissal of Rex’s BIFDA claim against Anheuser-Busch and the derivative claims against Mitchell were reversed and the matter remanded for further proceedings. The Supreme Court affirmed the trial court’s judgment dismissing Rex’s other claims. View "Rex Distributing Company, Inc. v. Anheuser-Busch, LLC" on Justia Law

This case involved three consolidated interlocutory appeals; each arose from litigation filed by Franklin Collection Service, Inc. (Franklin), against BancorpSouth Bank. Franklin and BancorpSouth had been in litigation for approximately forty months. After Franklin determined that BancorpSouth had failed to file a responsive pleading to the second amended complaint, Franklin applied for and obtained an entry of default by the clerk. Franklin also filed a motion to deem admitted the allegations of the second amended complaint. BancorpSouth filed a motion to set aside the entry of default and a motion for leave to file a responsive pleading to the second amended complaint. The trial court heard each motion and decided to deny Franklin’s motion to deem admitted the allegations of the second amended complaint; to grant BancorpSouth’s motion for leave to file a responsive pleading to the second amended complaint; and to deny BancorpSouth’s motion to set aside the entry of default. Franklin appealed and BancorpSouth cross-appealed. The Mississippi Supreme Court concluded that in light of the colorable defenses presented by BancorpSouth and the lack of prejudice to Franklin, the trial court did not abuse its discretion in allowing BancorpSouth to file an answer to Franklin’s second amended complaint. Therefore, the Court concluded the trial court properly denied Franklin's motion to deem admitted the allegations in the second amended complaint. The Court affirmed two interlocutory orders at issue in Franklin's appeal reversed the order at issue in BancorpSouth's cross-appeal, and remanded this case for further proceedings. View "Franklin Collection Service, Inc. v. BancorpSouth Bank" on Justia Law

Montrell Croft, a/k/a “G-Money,” was convicted by jury of “participating in or conducting or conspiring” in illegal gang activity, possession of a firearm by a felon, and attempted murder. Croft appealed. The Mississippi Supreme Court determined an instruction permitting a jury in a criminal case to find an element of a crime by a preponderance of the evidence constitutes plain error. Accordingly, it reversed and remanded this case for a new trial on whether Croft “participat[ed] in or conduct[ed] or conspir[ed]” in criminal gang activity beyond a reasonable doubt. Croft’s felon-in-possession and attempted-murder convictions and sentences were affirmed. View "Croft v. Mississippi" on Justia Law

Sonya Chaffee, on behalf of her minor child, Fredrick Latham, Jr., sued the Jackson Public School District; Lonnie J. Edwards, the School District superintendent in his official capacity; and Jackson Public Schools Board of Trustees (collectively, “the School District”) alleging negligence and res ipsa loquitur. Fredrick was a student in Tracy Scott’s first grade class at Woodville Heights Elementary School. While Scott was standing at the front of the classroom readying the students for lunch, Fredrick and another boy got out of line and ran to the back of the classroom to use the single restroom. Bernice Anderson, Scott’s teaching assistant, was present at her desk in the back of the classroom nearer the restroom. Fredrick was injured when his hand slipped off the door and his finger got caught in the crack of the door as the other boy was closing it. After hearing a student scream that Fredrick had smashed his finger, Scott went to the back of the classroom, wrapped Fredrick’s finger in papers towels, and took him to the principal’s office. Fredrick’s mother was called, and he was taken by ambulance to the University of Mississippi Medical Center. Surgery was performed to reattach Fredrick’s fingertip using a skin graft. The School District defended on sovereign immunity grounds pursuant to the Mississippi Tort Claims Act (“MTCA”). After engaging in discovery, the School District moved for summary judgment which was granted. Aggrieved, Chaffee appealed, but finding no reversible error, the Mississippi Supreme Court affirmed. View "Chaffee v. Jackson Public School District" on Justia Law