Justia Mississippi Supreme Court Opinion Summaries

From November 2004 to January 2011, The Door Shop, Inc., utilized $36,081.86 of electricity from Alcorn County Electric Power Association (ACE). But because of a billing error, it was charged only $10,396.28. Upon discovering the error, ACE sought to recover the $25,658.58 difference via supplemental billing. The Door Shop refused to pay, which prompted ACE to file suit. The Mississippi Supreme Court determined that as a matter of law, the Door Shop had to pay, and affirmed the circuit court's order. View "The Door Shop, Inc. v. Alcorn County Electric Power Association" on Justia Law

The estate and beneficiaries of Charles Norman, Sr., appeal the trial court’s exclusion of Norman’s medical experts and grant of summary judgment in favor of Anderson Regional Medical Center. In 2011, Charles Norman, Sr., was admitted to Anderson Regional and underwent a cardiac catheterization with stent placement, which was performed by his cardiologist, Dr. Michael Purvis. Dr. Purvis performed the procedure without significant complication, and he expected to discharge Norman two days later. At some point during the overnight hours of December 13 to 14, 2011, Norman suffered an ischemic stroke. Norman’s wife complained to nursing staff that she observed symptoms of a stroke as early as 7:00 a.m. the next morning, which the nurses documented in Norman’s chart at 8:00 a.m. Neither Dr. Purvis nor any other medical doctor was notified of the stroke until much later in the day. By the time the doctors became aware of the stroke, the time frame within which a “clot-buster” drug used to restore blood flow to a stroke victim’s brain was to be effectively administered had passed. Norman remained at Anderson Regional two to three days after he had his stroke. He was then transferred to a step-down unit for rehabilitation before finally being transferred to Bedford Nursing Home at Marion, Mississippi, where he remained for the rest of his life. Norman sued Anderson Regional a little more than a year before his death. Because the trial court properly found that Norman’s experts’ testimony lacked sufficient foundation in the medical literature and because no genuine issue of material fact remained, the Mississippi Supreme Court affirmed exclusion of the experts' testimony. View "Norman v. Anderson Regional Medical Center" on Justia Law

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

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

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

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

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

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

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

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