Justia Mississippi Supreme Court Opinion Summaries

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

David Lee Stanfield was convicted of aggravated assault and of felon in possession of a firearm. The sole issue before the Mississippi Supreme Court was whether the trial court erred in instructing the jury that self-defense is not a defense to the crime of felon in possession of a firearm. Finding it did not, the Supreme Court affirmed. View "Stanfield v. Mississippi" on Justia Law

Matthew Courtney appealed his conviction on one count of sexual battery. The trial court sentenced Courtney to serve a period of twenty-five years. Courtney argued that the statute of limitations barred his sexual battery conviction. Alternatively, Courtney argued that the delay in bringing him to trial violated his Sixth Amendment constitutional right to a speedy trial. The Mississippi Supreme Court determined Courtney did not preserve the statute of limitations argument; the Court could not find a speedy trial violation. Therefore, the Court affirmed Courtney's conviction and sentence. View "Courtney v. Mississippi" on Justia Law

Andre Fairley was indicted by grand jury for one count of possessing two or more grams, but less than ten grams of cocaine with intent to distribute, and one count of possessing more than thirty grams, but less than one kilogram, of synthetic cannabinoid, with intent to distribute. Following a jury trial at which Fairley represented himself with the aid of standby counsel, Fairley was convicted of both counts. The trial court sentenced Fairley to twenty years for count one and five years for count two, with the sentences to be served day for day and concurrently. Fairley appealed both his convictions and sentences through appellate counsel and pro se, claiming numerous assignments of error. Finding no reversible error, the Mississippi Supreme Court affirmed Fairley’s convictions and sentences. View "Fairley v. Mississippi" on Justia Law

Marquan Stover moved to contest the second codicil to his great aunt Tamora Robinson’s last will and testament, alleging that the second codicil was the product of undue influence by Robinson’s sister Elaine Davis. After a hearing, the Chancery Court found no undue influence and dismissed Stover’s motion to contest. Stover appealed, arguing that the chancellor had erred by not requiring Davis to rebut the presumption of undue influence and that the decision was not supported by substantial, credible evidence. The Court of Appeals issued a plurality decision, affirming the ruling of the chancellor. The Mississippi Supreme Court granted Stover’s petition for a writ of certiorari, and held that the court must find by clear and convincing evidence that a presumption of undue influence, which arises when a confidential relationship is coupled with suspicious circumstances, is rebutted. Therefore, the Supreme Court reversed the decisions of the Court of Appeals and of the chancery court, and remanded for further proceedings. View "Stover v. Davis" on Justia Law

Judge Jesse Burton of the Southern District of Coahoma County, Mississippi Justice Court, filed an affidavit claiming his former girlfriend had stolen money and personal property from him. Based on this affidavit, another justice court judge issued an arrest warrant for Judge Burton’s girlfriend, Regina Burt. But before the warrant was served, Judge Burton changed his mind and instructed the clerk’s office to rescind the warrant that the other judge had issued. As directed, the deputy clerk replaced Judge Burton’s girlfriend’s name on the warrant with Jane Doe and instructed the sheriff’s office not to execute it. Acting on a complaint from Burt, on August 29, 2018, the Mississippi Commission on Judicial Performance filed a formal complaint against Judge Burton, who cooperated and entered an agreed stipulation of facts with the Commission: Judge Burton agreed he committed misconduct when he ordered a deputy clerk to rescind his former girlfriend’s arrest warrant, and agreed he violated Canons 1, 2A, 2B, 3B(1), 3B(2), and 3E(1) of the Code of Judicial Conduct of Mississippi and Mississippi Code Section 97- 11-1. The parties’ agreement included the Commission’s recommended sanction of a public reprimand and $500 fine. After review, the Mississippi Supreme Court agreed with the Commission’s findings and recommended sanction. View "Mississippi Commission on Judicial Performance v. Judge Jesse Burton" on Justia Law

Former Court of Appeals Judge Ceola James lost the 2016 election for the Court of Appeals by nearly twenty-two thousand votes. James filed an election contest against the winner, Judge Latrice Westbrooks, alleging Westbrooks improperly affiliated with the Democratic Party and improperly aligned herself with a political candidate, Representative Bennie Thompson of Mississippi’s Second United States Congressional District. James argued that she received all of the “legal” votes due to Westbrooks’s alleged violations of election law and pleaded that she is entitled to hold the judicial post won by Westbrooks. Westbrooks moved for summary judgment, and at the hearing on the motion, the trial court found James failed to submit proof that Westbrooks had improperly aligned her campaign with a political candidate or political party and granted summary judgment in favor of Westbrooks. View "James v. Westbrooks" on Justia Law

Devin Arrington was indicted by grand jury for armed robbery. After jury selection, Arrington requested a continuance to allow him to retain new counsel, which was denied. During his attorney’s opening statement, Arrington interrupted and declared that he did not want his counsel to continue representing him. After a jury trial, Arrington was found guilty. Arrington filed a Motion for J.N.O.V. or, in the Alternative, Motion for New Trial. Both motions were denied. The Mississippi Supreme Court affirmed Arrington’s conviction for armed robbery. Arrington abandoned each of his arguments on appeal by failing to make them: failing to cite authority, or failing to identify the arguments for review. "Even if Arrington’s claims were not abandoned, Arrington’s arguments are either without merit or are based on facts not fully apparent from the record." View "Arrington v. Mississippi" on Justia Law

The Adams County, Mississippi Board of Supervisors (Board) designated Mount Airy Plantation Road as a public road, placing it on the official county road register in 2000. John Seyfarth petitioned the Board to abandon the portion of the road that dead ended into his property. He alleged that people were using the road to reach his property and trespass on it. The Board declined to abandon the road, denied Seyfarth’s request for damages, and did not address his requests that the Board take action to abate the nuisances he experienced. Seyfarth appealed to the circuit court, which affirmed the Board’s decisions not to abandon the road and not to award damages. But the circuit court ordered the Board to reasonably abate any nuisances to Seyfarth. Seyfarth appealed the circuit court’s ruling to affirm the Board’s decision not to abandon the road and not to award damages, and the Board cross-appealed the order that it abate any nuisances. Because Seyfarth had no remedy on the record before the Mississippi Supreme Court, it affirmed the circuit court’s judgment affirming the Board’s decisions declining to abandon the road and declining to award damages. But because, on this record, the Board had no legal authority to abate any nuisance in the manners suggested, the Supreme Court reversed and rendered the circuit court’s order mandating that the Board abate any nuisance. View "Seyfarth v. Adams County Board of Supervisors" on Justia Law