Justia Mississippi Supreme Court Opinion Summaries

A natural mother filed a petition to set aside the adoption of her child, D.A.P., more than five years after the final adoption decree. She claimed that the adoption was based on fraudulent misrepresentations that it would be an "open" adoption, allowing her continued contact with the child. The adoption was finalized on July 6, 2017, and the mother alleged that she was misled into believing she would maintain contact with her child post-adoption.The Neshoba County Chancery Court denied the mother's request for access to adoption records in 2021, citing the statute of limitations and lack of good cause. In 2022, the mother filed a petition to set aside the adoption decree, claiming fraud, coercion, and misrepresentation. The court dismissed her petition, noting that the mother had not appealed the original adoption judgment and that setting aside the adoption would prejudice the adoptive parents and the child. The court found no evidence of fraud upon the court, as the adoption petition clearly stated the termination of the mother's parental rights.The Supreme Court of Mississippi reviewed the case and affirmed the chancery court's decision. The court held that the mother's petition was untimely, as it was filed more than six months after the adoption decree, which is the statutory limit for challenging an adoption in Mississippi. The court also found no fraud upon the court, as there was no sworn testimony or filing indicating an open adoption. The court emphasized the importance of finality in adoption proceedings to ensure stability and security for the child. View "In the Matter of the Adoption of D.A.S." on Justia Law

Patricia Wright was employed by the Public Service Commission of Yazoo City (PSC) from August 2014 until November 2018, when she was terminated for allegedly falsifying documentation regarding reconnecting a customer for non-payment. Wright appealed her termination to the PSC Board, which upheld the decision. Subsequently, Wright filed a lawsuit against the PSC and its general manager, Richie Moore, claiming her termination was in retaliation for refusing to participate in illegal activities. She sought lost wages, benefits, compensatory damages, punitive damages, and costs.The Yazoo County Circuit Court denied the PSC's motion for summary judgment, finding that there was a genuine issue of material fact regarding the reason for Wright's termination. The trial judge noted that the question of whether Wright understood what falsifying documents entailed and whether she was asked to do so was a matter for the jury to decide. The PSC then filed a petition for interlocutory appeal, arguing that Wright failed to identify any illegal activity by her supervisor that could lead to criminal penalties.The Supreme Court of Mississippi reviewed the case and reversed the trial court's denial of summary judgment. The Court held that Wright failed to provide sufficient evidence that her supervisor's actions constituted illegal activities warranting criminal penalties. Wright's deposition revealed that she did not refuse to participate in any specific illegal act as required under the public policy exception to the employment at will doctrine. Consequently, the Court rendered judgment in favor of the PSC, concluding that Wright did not meet her burden of showing a genuine issue of material fact regarding her wrongful termination claim. View "Public Service Commission of Yazoo City v. Wright" on Justia Law

Ricardo Jones sued the City of Jackson for injuries sustained from driving into a pothole. Before filing the lawsuit, Jones sent certified letters to the mayor and city council members but did not send a notice of claim to the city clerk, as required by the Mississippi Tort Claims Act (MTCA).The Hinds County Circuit Court denied the City’s motion for summary judgment, which sought dismissal of Jones’s claims due to his failure to comply with the MTCA’s presuit notice requirement. The City then petitioned the Supreme Court of Mississippi for an interlocutory appeal.The Supreme Court of Mississippi reviewed the case de novo and found that Jones did not comply with the mandatory requirement to serve notice on the city clerk. The court held that the MTCA’s presuit notice requirement is clear and mandatory, and serving notice on the mayor or city council members does not suffice. Consequently, the court reversed the trial court’s decision and rendered judgment in favor of the City, dismissing all of Jones’s claims. View "The City of Jackson, Mississippi v. Jones" on Justia Law

Jatavis Williams was indicted for first-degree murder after the shooting death of Tacari Walker. On November 9, 2020, police responded to a shooting in Columbus, Mississippi, where they found Walker unresponsive. Witnesses indicated that Williams and Walker had been arguing prior to the incident. Williams turned himself in the next day. At trial, Williams claimed self-defense, stating that Walker had threatened him and approached his vehicle aggressively. However, an eyewitness testified that Walker was unarmed and appeared happy before the shooting.The Lowndes County Circuit Court conducted a jury trial from August 22 to August 26, 2022. The jury found Williams guilty of first-degree murder, and he was sentenced to life imprisonment. Williams filed a motion for judgment notwithstanding the verdict or a new trial, which the trial court denied. He then appealed, arguing that the conviction was against the overwhelming weight of the evidence and that the trial court erred in denying his request for a mistrial due to disruptions during the trial.The Supreme Court of Mississippi reviewed the case and affirmed the lower court's decision. The court held that the trial court did not abuse its discretion in denying the mistrial. The disruptions, including an outburst from the victim’s mother and an inappropriate video during a witness's Zoom testimony, were addressed by polling the jury, who indicated they could remain impartial. The court also found that the jury's verdict was not against the overwhelming weight of the evidence, as the jury had properly considered the self-defense claim and found it unconvincing. Therefore, the conviction and sentence were upheld. View "Williams v. State of Mississippi" on Justia Law

On March 7, 2018, a ninth grader named Becky was kidnapped at gunpoint by Jimmy David Williams, a friend of her stepfather, while she was on her way to school. Williams forced Becky into his vehicle, drove to a secluded area, and sexually assaulted her. After the assault, Williams dropped Becky off at school, where she immediately reported the incident to her JROTC instructor. Becky was taken to a hospital for a sexual assault examination, which revealed physical evidence consistent with her account. DNA evidence linked Williams to the crime.The Jackson County Circuit Court convicted Williams of sexual battery and sentenced him to thirty years in prison without the possibility of parole. Williams filed a motion for a new trial or a judgment notwithstanding the verdict, arguing that the conviction was against the overwhelming weight of the evidence due to conflicting testimony. The trial court denied his motion, leading to Williams's appeal.The Supreme Court of Mississippi reviewed the case and upheld the trial court's decision. The court found that the jury had appropriately resolved the conflicting testimonies, including a statement from a social worker suggesting Becky had been gang-raped by multiple men, which Becky denied. The court emphasized that the jury's role is to assess the credibility of witnesses and weigh the evidence. Given the substantial evidence supporting the conviction, including immediate reports by Becky and corroborating DNA evidence, the court concluded that the verdict was not against the overwhelming weight of the evidence. Therefore, the trial court did not abuse its discretion in denying Williams's motion for a new trial. The Supreme Court of Mississippi affirmed Williams's conviction and sentence. View "Williams v. State of Mississippi" on Justia Law

In 2023, Christopher Sheely was convicted for possessing more than one-tenth gram but less than two grams of methamphetamine. He was sentenced to two years in the custody of the Mississippi Department of Corrections, with the remainder suspended for post-release supervision upon completing a drug and alcohol program. Sheely appealed, arguing that the trial court erred by denying his proposed broken chain of custody jury instruction and that the evidence was insufficient to support the jury’s verdict.The Forrest County Circuit Court initially handled the case, where Sheely was found guilty by a jury. Sheely moved for a directed verdict and later for a judgment notwithstanding the verdict or a new trial, both of which were denied by the trial judge. The trial court found that an adequate chain of custody had been established and that Sheely failed to produce evidence of tampering or substitution of the evidence.The Supreme Court of Mississippi reviewed the case. The court held that the evidence was sufficient to support the jury’s verdict that Sheely knowingly possessed a felony amount of methamphetamine. The court found that the jury was presented with enough evidence to conclude that Sheely was aware of the presence and character of the methamphetamine and that it weighed more than one-tenth of a gram. Additionally, the court held that the trial court did not abuse its discretion in refusing Sheely’s proposed chain of custody jury instruction, as Sheely failed to present evidence of probable tampering or substitution. The Supreme Court of Mississippi affirmed the lower court’s decision. View "Sheely v. State of Mississippi" on Justia Law

In 2006, David and Jill Landrum, along with Michael and Marna Sharpe, purchased land in Madison County to develop a mixed-use project called the Town of Livingston. The project stalled due to the 2008 financial crisis and legal issues. In 2010, Jill and Marna formed Livingston Holdings, LLC, which owned the development properties. Marna contributed more financially than Jill, leading to a disparity in ownership interests. In 2014, Marna sold her interest to B&S Mississippi Holdings, LLC, managed by Michael Bollenbacher. Jill stopped making her required monthly contributions in December 2018.The Madison County Chancery Court disqualified Jill as a derivative plaintiff, realigned Livingston Holdings as a defendant, and dismissed several claims. The court found that Jill did not fairly and adequately represent the interests of the company due to personal interests and economic antagonisms. The court also granted summary judgment in favor of several defendants and denied the Landrums' remaining claims after a bench trial.The Supreme Court of Mississippi reviewed the case and affirmed the lower court's decision to disqualify Jill as a derivative plaintiff and exclude the Landrums' expert witness. The court found that Jill's personal interests and actions, such as failing to make required contributions and attempting to gain control of the company, justified her disqualification. The court also affirmed the dismissal of claims for negligent omission, misstatement of material facts, civil conspiracy, fraud, and fraudulent concealment due to the Landrums' failure to cite legal authority.However, the Supreme Court reversed and remanded the case on the issues of remedies and attorneys' fees under the Second Memorandum of Understanding (MOU) and the alleged breach of fiduciary duty between B&S and Jill. The court found that the chancellor erred in interpreting the Second MOU as providing an exclusive remedy and remanded for further proceedings to determine if Livingston is entitled to additional remedies and attorneys' fees. The court also remanded for factual findings on whether B&S breached its fiduciary duty to Jill regarding property distribution and tax loss allocation. View "Landrum v. Livingston Holdings, LLC" on Justia Law

Jessica Walker was convicted by a jury of knowingly possessing methamphetamine with a firearm enhancement in the Newton County Circuit Court. The incident occurred on October 21, 2020, when Walker and her then-boyfriend, Richard Buckley, approached a safety checkpoint. Buckley, who initially drove Walker's vehicle, switched seats with her because he lacked a driver's license. During the stop, Deputy Donna Chapman smelled unburned marijuana and found a handgun and a small amount of marijuana in the vehicle. A subsequent search revealed 0.245 grams of methamphetamine between the driver’s seat and the center console. Walker was arrested, while Buckley was released and not investigated further.Walker was indicted on one count of possession of methamphetamine with a firearm enhancement. She pled not guilty, asserting that the methamphetamine belonged to Buckley and that she was unaware of its presence. During the trial, Walker sought to introduce evidence of Buckley’s prior drug-related offenses, but the circuit judge ruled this evidence inadmissible under Mississippi Rule of Evidence 404(b). The jury found Walker guilty, and she was sentenced to six years’ imprisonment, with three years suspended. Her motion for a new trial was denied, leading to her appeal.The Supreme Court of Mississippi reviewed the case and found that the State failed to present sufficient evidence connecting Walker to the methamphetamine. The court noted that while Walker owned the vehicle and was in proximity to the drugs, there were no additional incriminating circumstances to establish constructive possession. The court held that the evidence was insufficient to support Walker’s conviction and reversed and rendered the judgment. View "Walker v. State of Mississippi" on Justia Law

On September 7, 2019, Kemond Jones shot Ethan Powell eight times with a 9 mm handgun in the Beechwood Estates neighborhood in Warren County. Powell died from his injuries later that morning. Witness Danny Guice identified Jones as the shooter, and Jones turned himself in later that day. At trial, Guice testified about a prior disagreement between Jones and Powell, and forensic evidence confirmed the cause of death. Jones claimed self-defense, stating Powell slapped him and reached for a gun before he shot him.The Warren County Circuit Court convicted Jones of murder and sentenced him to forty years, with ten years suspended. Jones's motion for a judgment notwithstanding the verdict or a new trial was denied. He appealed, arguing that the trial court erred by allowing improper evidence and that the verdict was against the overwhelming weight of the evidence.The Supreme Court of Mississippi reviewed the case and affirmed the lower court's decision. The court held that the prosecutor's statement during the opening was not evidence and did not prejudice the jury. Additionally, the court found that the jury's verdict was supported by sufficient evidence, including eyewitness testimony from Guice. The court also determined that the Weathersby rule, which requires the acceptance of the defendant's version of events if they are the only eyewitnesses, did not apply because there was conflicting eyewitness testimony from the prosecution. The court concluded that the trial court did not commit reversible error and upheld the conviction and sentence. View "Jones v. State of Mississippi" on Justia Law

Joel Phillip McNinch, Jr., a dementia patient with other serious health issues, was admitted to Brandon Nursing and Rehabilitation Center, LLC in June 2019. He was later admitted to Merit Health Rankin due to combative behaviors related to his dementia. He developed a decubitus ulcer and was admitted to St. Dominic Hospital, where he died the next day. His widow, Cheryl McNinch, requested her husband's medical records from Brandon Nursing and Merit Health soon after his death and received them in mid-December 2019. She filed a complaint in January 2022, alleging negligence, medical malpractice, gross negligence, and reckless disregard, claiming that substandard care had accelerated her husband's health deterioration and led to his death.The defendants moved to dismiss the case, arguing that the action was barred by the two-year statute of limitations. Mrs. McNinch argued that the discovery rule operated to toll the statute of limitations until she received the medical records. The trial court converted the defendant’s motion to dismiss into a motion for summary judgment and granted the motion without holding a hearing.The Supreme Court of Mississippi reversed the trial court's decision, finding that the trial court erred by granting summary judgment to the defendants. The Supreme Court held that there were genuine issues of material fact regarding whether Mrs. McNinch had knowledge of negligent conduct through personal observation or other means prior to or at the time of Mr. McNinch’s death. The court found that the discovery rule could operate to toll the statute of limitations when the medical records are necessary to discover the negligence. The court concluded that Mrs. McNinch exercised reasonable diligence in requesting the medical records promptly, and therefore, the complaint was filed within the statute of limitations. The case was remanded to the circuit court for further proceedings. View "McNINCH v. BRANDON NURSING & REHABILITATION CENTER" on Justia Law