Justia Mississippi Supreme Court Opinion Summaries

James Allen Insurance Brokers (JAIB) and Certain Underwriters at Lloyd’s, London, Subscribing to Certificate No. FRO-100944 (Lloyd’s) petitioned the Mississippi Supreme Court for interlocutory review of the Simpson County, Mississippi Circuit Court’s order granting partial summary judgment in favor of First Financial Bank (FFB). The trial court held that FFB was entitled to insurance proceeds from a fire loss that occurred at Luther and Freda Feazell’s poultry farm, because JAIB and Lloyd’s failed to comply with Mississippi law requiring notice of cancellation of property insurance. JAIM and Lloyd's claimed the Feazells' premium was not received on time; the effective date of the policy at issue here was reset to the date premium was paid. The Supreme Court determined coverage was effective December 13, 2013, and under the terms of the binder, and FFB having been listed in the binder as a mortgagee/loss payee, triggered Miss. Code Ann. Section 83-5-28(1)’s notification requirements. JAIB and Lloyd’s failed to comply with those statutory notification requirements; therefore, they were liable to FFB for its loss. Accordingly, the Supreme Court determined the trial court correctly granted partial summary judgment in favor of FFB. View "James Allen Insurance Brokers and Certain Underwriters at Lloyd's, London, Subscribing to Certificate NO. FRO-100944 v. First Financial Bank" on Justia Law

A jury found Jason McGrath guilty of four counts of sexual battery by a person in a position of trust and one count of touching a child for lustful purposes, charges stemming from McGrath’s sexual assault and molestation of his stepdaughter, M. M. He was sentenced to forty years’ imprisonment. On appeal, McGrath argued the trial judge wrongly admitted Rule 404(b) evidence of McGrath’s previous sexual assaults and molestations of a different stepdaughter and his adopted daughter. The Mississippi Supreme Court found there were several legitimate purposes supporting these admissions, and saw no abuse of discretion in these rulings. View "McGrath v. Mississippi" on Justia Law

A county court judge granted Lisa Evans’s motion for a directed verdict in Michael Malouf’s tort-based lawsuit over boat repairs promised and paid for but allegedly never made. The judge dismissed the case after finding Malouf failed to prove Lisa and her deceased husband, a boat mechanic, had been in a partnership when doing business as Lake Harbour Marine. But in granting Lisa a directed verdict, the court wrongly gave Lisa, not Malouf, favorable evidentiary inferences drawn from Malouf’s testimony and did not take Malouf’s testimony as true, as was required before a trial judge can take a case away from a jury. The Mississippi Supreme Court concluded the trial judge also incorrectly found that insufficient proof of a partnership between Lisa and her husband was dispositive of all of Malouf’s tort claims - even those that did not hinge on the existence of a partnership. The Court found that when Malouf’s testimony and evidence was taken as true and he was given all reasonable inferences, the evidence at least created a jury issue on whether Lisa, as her husband’s partner, was liable for his actions in the boat-repair shop. It was also error for the county court and appellate court to cite the supposed lack of a partnership as reason to dismiss Malouf’s claims against Lisa individually for her own alleged fraudulent or negligent misrepresentations. The Court therefore reversed the trial court and remanded for further proceedings. View "Malouf v. Evans" on Justia Law

In 2016, a grand jury indicted Alvin Wilson for sexual battery, specifically for the willful, unlawful and felonious sexual penetration of a child under the age of 14. The indictment provided that at the time of the sexual battery, Wilson was over the age of eighteen and was twenty-four months older than the victim. A jury found Wilson guilty of sexual battery as charged. The trial court sentenced Wilson to thirty-five years, with thirty years to be served day for day followed by five years of supervised post release supervision. Wilson appealed, arguing that the trial court erred by: (1) admitting into evidence a video recording of his interview with law enforcement; and (2) proceeding with his trial and sentencing in absentia. Finding no error, the Mississippi Supreme Court affirmed Wilson’s conviction and sentence. View "Wilson v. Mississippi" on Justia Law

Judge Jimmy McGee served as a justice court judge for Alcorn County, Mississippi, Post Two. Judge McGee failed to issue final orders on civil matters after conducting hearings and holding cases in abeyance. Furthermore, Judge McGee was charged with retaliatory action against former Alcorn County Justice Court Clerk Jone Dixon based on Judge McGee’s appearance before the Alcorn County Board of Supervisors during executive session. But after further investigation and review of affidavits provided by Judge McGee, the Commission determined that Judge McGee had not engaged in any form of retaliation. The Mississippi Commission on Judicial Performance filed a formal complaint against Justice Court Judge McGee; he stipulated that his conduct violated the following canons of the Code of Judicial Conduct: Canons 1, 2A, 3A, 3B(1), 3B(2), 3B(8), and 3C(1). Judge McGee also stipulated that such actions constituted misconduct in office and conduct prejudicial to the administration of justice which brings the judicial office into disrepute pursuant to article 6, section 177A, of the Mississippi Constitution. The Commission and Judge McGee agreed to a proposed recommendation of a public reprimand and a $1,683.34 fine. The Commission and Judge McGee filed a joint motion for approval of the recommendation with this Court. After consideration, the Mississippi Supreme Court affirmed the Commission’s recommendation of a public reprimand and $1,683.34 fine. View "Mississippi Commission on Judicial Performance v. McGee" on Justia Law

Families filed suit at the Circuit Court seeking, inter alia, a declaratory judgment that they owned lignite under a Mississippi Power Company (“MPC”) plant built on land MPC had purchased, a fact not disputed by any party. One month later, MPC filed suit to confirm and quiet title to its property and further asserted that lignite could only be removed economically by surface mining, a fact not disputed by any party. MPC asked to enjoin all defendants from asserting any right, title, or interest to the lignite. Alternatively, MPC asked for a declaratory judgment that lignite removal would deplete and destroy the surface of its land, rendering it unusable, a fact not disputed by any party. Two orders at issue before the Mississippi Supreme Court were "authored by two learned trial judges—one chancery, one circuit." Although the Supreme Court's review was de novo, the applicable law was neither new nor novel. Because neither trial court failed to follow controlling law, the Supreme Court affirmed. View "Barham v. Mississippi Power Company" on Justia Law

Alondo Greenleaf was convicted of aggravated assault after stabbing a man in the back. Greenleaf testified it was an accident, and on appeal he contended he received constitutionally ineffective assistance of counsel because his defense attorney did not offer what Greenleaf called an “accident instruction” based on the excusable homicide statute. The Mississippi Supreme Court found Greenleaf failed to rebut the presumption this was sound trial strategy, so it affirmed Greenleaf’s conviction and sentence. View "Greenleaf v. Mississippi" on Justia Law

Defendant Howard Payton was convicted for the 2010 kidnapping and rape of a university student. At trial, inter alia, the State presented definitive scientific evidence of guilt: Payton’s DNA matched the DNA sample obtained from N.B.’s rape kit so closely that the probability of finding someone other than Payton with the same DNA profile was less than one in 999 trillion. It was not until January 25, 2016, that Payton filed a twelve-page pro se motion for a judgment notwithstanding the verdict (JNOV), or, in the alternative, a new trial. The State did not raise the untimeliness of the motion. In fact, the State did not respond to the motion. The trial judge considered the substantive issues raised in the motion and, finding no merit, denied Payton’s requests for relief one week later on February 1, 2016. Payton made five filings regarding appealing his motion for JNOV. On March 9, 2016, the trial court granted Payton in forma pauperis status; at that time, he was appointed counsel who entered an appearance on Payton's behalf. A few days before the appeal brief was due, however, Payton died. Appellate counsel moved for abatement ab initio, asking. He asked that the Court allow a thirty-day period or other reasonable amount of time to allow any personal representative of Payton to come forward and to move for a substitution for the deceased appellant. If no such motion was made, counsel requested the Court enter an order of abatement voiding the entire criminal proceeding against Payton from its inception, nullifying the petit jury’s verdict and the circuit judge’s judgment of conviction and remanding the case back to the same trial court with instructions to dismiss the grand jury’s indictment, all without notice to the victim. "Because of the increased recognition of crime victims in our constitution and statutory law, and because the policies undergirding stare decisis are not served by continued application of the abatement ab initio doctrine, we expressly overrule Gollott [v. Mississippi, 646 So.2d 1297 (1994)]." Since no motion was filed for substitution pursuant to Rule 43(a), the Mississippi Supreme Court dismissed Payton’s appeal as moot and left his conviction intact. Appellate counsel's motion to abate Payton’s conviction ab initio was denied. View "Payton v. Mississippi" on Justia Law

Johnson Electric sued Robinson Electric Supply for numerous claims, including breach of contract, fraud, and a variety of other torts. Johnson asserted that Robinson Electric Supply carried out a fraudulent scheme to overcharge Johnson. Robinson Electric Supply counterclaimed for balances due on Johnson’s accounts. Both parties requested an accounting. The chancellor appointed a special master to hear the case due to its complexity and size of the amount in controversy. The chancellor stayed discovery until the special master could release her findings; however, the chancellor also ordered Robinson to release numerous business records sought by Johnson. Before the accounting was concluded by the special master, Johnson Electric was administratively dissolved, and as a result, the chancellor dismissed the claims brought on behalf of the corporation. After the special master released her recommendations and a supplemental report, the chancellor agreed with the special master’s findings and adopted the report. On appeal, Johnson challenged the chancellor’s decision to dismiss Johnson Electric from the lawsuit, the chancellor’s adoption of the special master’s report, and the chancellor’s decision to stay discovery until an accounting could be conducted by the special master. The Mississippi Supreme Court found that because Johnson Electric was administratively dissolved, it could not "maintain" a claim as a corporation under Mississippi law. Furthermore, the Court determined neither the chancellor's acceptance of the special master's report nor the chancellor's discovery rulings were an abuse of discretion. View "Wayne Johnson Electric Inc. v. Robinson Electric Supply Company, Inc." on Justia Law

Elijah Arrington, III appealed the Mississippi State Board of Dental Examiners’ decision to revoke his dental license. The Mississippi State Board of Dental Examiners (Board) held a disciplinary hearing on June 15, 16, and 17, 2017, to litigate four complaints (involving seventeen violations) against Dr. Arrington; the Board revoked Arrington’s dental license and his Limited Enteral Conscious Sedation Permit. The Board served Arrington and his counsel with its order on July 24, 2017. Arrington filed a notice of appeal with the Chancery Court on August 24, 2017. On August 29, 2017, the Board filed a motion to dismiss the appeal, alleging that Arrington failed to file a cost bond within thirty days. Arrington filed a response in opposition and also requested more time to deposit the bond. He then deposited the bond with the chancery court on August 31, 2017. The chancery court dismissed the appeal, finding that Arrington’s failure to file the cost bond within thirty days deprived it of appellate jurisdiction. Arrington appeals to the Mississippi Supreme Court, which declined to address the cost-bond issue, finding the chancery court lacked appellate jurisdiction based on Arrington’s failure to file his notice of appeal within thirty days. View "Arrington v. Mississippi State Board Of Dental Examiners" on Justia Law