Justia Mississippi Supreme Court Opinion Summaries

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William Whittaker was convicted of four counts relating to the sexual abuse of his six-year-old daughter, Betty. On appeal, Whittaker claims he received ineffective assistance of counsel because his defense attorney did not insist on certain redactions from the recording and transcript of his partial confession, in which Whittaker refused to take a polygraph test and discussed a prior sex-offense conviction. The Mississippi Supreme Court determined the exhibits used at trial were redacted; it appeared Whittaker’s appellate counsel confused them with the unredacted exhibits admitted at the suppression hearing. Whittaker also argued his partial confession should have been suppressed as involuntary, but his theory on appeal was entirely different from the one he advanced at trial and therefore procedurally barred. The Supreme Court, consequentially affirmed Whittaker’s convictions and sentences. View "Whittaker v. Mississippi" on Justia Law

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In 2001, a jury convicted Winfred Forkner of burglary of a storehouse, for which he was sentenced as a habitual offender to life without the possibility of parole. Forkner filed three prior motions for post-conviction relief (“PCR”) with the Mississippi Supreme Court. His fourth motion, filed January 18, 2018, he argued his conviction and sentence were void and illegal because the indictment had not charged all of the essential elements of the crime of burglary of a storehouse. Specifically, Forkner alleged error concerning the second element of the crime: “in which any goods, merchandise, equipment or valuable thing shall be kept for use, sale, deposit, or transport.” He argued that the indictment did not allege that items were kept in the storehouse “for use, sale, deposit, or transport.” A panel of the Supreme Court granted Forkner's petition and found Forkner's indictment was indeed defective. The State sought an en banc rehearing of the panel’s order. Forkner opposed the State’s motion and filed a Motion to Remand Petitioner to the Wilkinson County Jail and a Petition for Immediate Release. After due consideration, the Supreme Court granted the State’s motion for rehearing, vacated the panel order and dismissed Forkner’s Application for Leave to Proceed in the Trial Court. Also, Forkner’s Motion to Remand Petitioner and his Petition for Immediate Release were denied. View "Forkner v. Mississippi" on Justia Law

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Timothy Ronk was convicted of capital murder and armed robbery for the 2008 stabbing death of Michelle Craite and the intentional arson of where she resided. He was sentenced to death and thirty years in prison, respectively; the Mississippi Supreme Court affirmed his convictions and sentences. Ronk sought post-conviction relief, raising five claims: (1) trial counsel was ineffective; (2) his sentence was disproportionate; (3) Mississippi’s death-penalty statute is unconstitutional; (4) cumulative error requires reversal; and (5) trial counsel failed to preserve the record for review. Finding that Ronk’s claims were either barred or failed to present a substantial showing of the denial of a state or federal right, the Supreme Court denied his motion. View "Ronk v. Mississippi" on Justia Law

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Land Holdings I, LLC, d/b/a Scarlet Pearl, LLC (“Casino”), sought to expunge a lien filed by GSI Services, LLC (“GSI”). The chancellor denied the Casino’s petition to expunge the lien because GSI performed work at the Casino within ninety days of filing its lien. Finding no error, the Mississippi Supreme Court affirmed the chancellor’s order. View "Land Holdings I, LLC d/b/a Scarlet Pearl, LLC v. GSI Services, LLC" on Justia Law

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This appeal was one of many civil and criminal cases arising out of the attempted murder of Lee Abraham, allegedly orchestrated by Dr. Arnold Smith. The trial court sanctioned Smith’s attorney, William Bell, for violating its order sealing a portion of a document. Because the trial court did not abuse its discretion in sanctioning Bell, the Mississippi Supreme Court affirmed. View "Smith v. Hickman" on Justia Law

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The Chancery Court of Coahoma County granted in part the petition of the City of Clarksdale, Mississippi, to annex land situated in Coahoma County that surrounded the city. Coahoma County appealed, arguing that the chancellor manifestly erred by finding that the annexation was reasonable. Clarksdale cross-appealed, arguing that the chancellor manifestly erred by finding that its annexation of certain land situated north of the city was unreasonable. Finding that the chancellor’s decision was supported by substantial, credible evidence and was not manifestly wrong, the Mississippi Supreme Court affirmed. View "In the Matter of the Enlarging, Extending and Defining the Corporate Limits and Boundaries of the City of Clarksdale, Coahoma County, Mississippi v. City of Clarksdale" on Justia Law

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Lennon Thomas entered a small Hattiesburg, Mississippi convenience store with a bandana covering his face and carrying a gun. Once inside, he ran behind the cashier’s counter where the cashier had returned from a bank run, and was handling the store's money. The cashier’s husband had seen Thomas enter the store and yelled to warn his wife. He also pulled out his own gun in defense. Thomas grabbed the cashier by her neck and stuck his pistol to her head. She pleaded for her life. When her husband ran from the store to seek help, Thomas shot him in the back, dropping him on the concrete parking lot. Thomas then stuck his pistol in the cashier’s back and shot her before fleeing the store. Thomas was quickly captured by police officers in the nearby woods. He was arrested and later convicted of attempted armed robbery and two counts of aggravated assault. Thomas appealed, claiming that because no money was taken from the store, the State failed to prove he had attempted to commit an armed robbery. The Mississippi Supreme Court disagreed, and affirmed Thomas' conviction. View "Thomas v. Mississippi" on Justia Law

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The Mississippi Supreme Court previously unanimously held that KPMG, LLP could not enforce arbitration agreements attached to five annual engagement letters with Singing River Health System (Singing River), a community hospital, because the terms and condition of the letters were not sufficiently spread upon the hospital board’s minutes to create an enforceable contract. In this appeal, KPMG sought to enforce the very same arbitration agreements attached to the very same engagement letters with Singing River - this time against Jackson County, Mississippi, which acted as Singing River’s bond guarantor. For the same reason the Supreme Court affirmed the trial court’s denial of KPMG’s motion to compel arbitration in KPMG, LLP v. Singing River Health System, the Court reversed and remanded the trial court’s grant of KPMG’s motion to compel arbitration in this case. View "Jackson County, Mississippi v. KPMG, LLP" on Justia Law

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Michele and Roger Latham divorced in 2016. In 2017, Michele filed a petition for contempt against Roger, claiming that he had failed to comply with the divorce judgment. After a hearing, the chancellor found Roger in constructive criminal contempt for failing to comply with several terms of the divorce judgment. Roger appealed, arguing that the chancellor erred because he did not recuse himself before finding Roger in constructive criminal contempt. Because Roger raised the argument for the first time on appeal, the Mississippi Supreme Court considered it waived. Accordingly, the chancellor’s judgment was affirmed. View "Latham v. Latham" on Justia Law

Posted in: Family Law
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The Mississippi Gaming & Hospitality Association (Association) petitioned the Mississippi Supreme Court for interlocutory review of a circuit court judgment denying its motions to participate as a respondent-appellee in the appeals filed by RW Development, LLC (RW), and Diamondhead Real Estate, LLC (Diamondhead) after the Mississippi Gaming Commission denied their applications for gaming site approval. The circuit court instead allowed the Association to participate as “friend[] of the court” under the Mississippi Gaming Control Act. Finding nothing improper with the circuit court's decision to allow the Association to participate as amicus curiae, the Court affirmed the circuit court’s decision. View "Mississippi Gaming & Hospitality Association v. Diamondhead Real Estate, LLC" on Justia Law