Justia Mississippi Supreme Court Opinion Summaries

Helen Schroeder appealed a circuit court's grant of summary judgment to the Estate of Harry Schroeder, arguing that the trial court erred in finding that the Estate was entitled to judgment as a matter of law on the grounds of release, res judicata, and accord and satisfaction. A log truck driven by Royce Sullivan collided with the rear of an automobile being driven by Harry Schroeder, who had just pulled his car onto a highway. Harry died as a result of the accident; his wife, Helen (a passenger in her husband’s car) suffered severe injuries, permanent disability, and diminished mental capacity. Helen, both individually, and as one of Harry’s wrongful-death beneficiaries, sued Sullivan in federal court, alleging that Sullivan’s negligence had caused Harry’s death and her permanent disability. Sullivan moved for summary judgment at the close of discovery, arguing that the uncontradicted evidence established Harry’s negligence as the sole cause of the accident. In denying summary judgment, the federal judge stated that the evidence created a jury question as to Sullivan’s fault, and that “plaintiffs do not appear to dispute Harry Schroeder’s potential contributory negligence.” The parties settled and agreed to a release of claims, and the district court dismissed the case. Following the settlement agreement, release, and subsequent dismissal of the action against Sullivan, Helen filed suit against Harry in Mississippi circuit court, alleging Harry negligently had failed to yield the right of way and pulled in front of Sullivan’s log truck at an extremely slow rate of speed, causing the accident which resulted in Helen’s permanent disability. Harry moved for summary judgment, arguing Helen pleaded facts in her complaint that were materially different from the facts she alleged in the federal court case, and that the state trial court should grant summary judgment based on the doctrines of judicial and equitable estoppel. Harry also argued the settlement and release of claims against Sullivan in federal court barred the circuit-court action under the doctrines of contractual release, accord and satisfaction, and res judicata. The trial court granted summary judgment in favor of Harry and found that Helen was judicially estopped from bringing a claim against Harry. The Mississippi Supreme Court reversed and remanded. Harry again moved for summary judgment, and the trial court granted it based on res judicata, accord and satisfaction and contractual release. Finding the trial court erred a second time in granting Harry's motion as to all three issues, the Supreme Court again reversed and remanded for further proceedings. View "Clark v. Neese" on Justia Law

Tommie James Ivy Sr. filed an election contest against William Randle Jr. and the Democratic Executive Committee of the City of Okolona, Mississippi following the primary election of the Democratic nominee for the office of city marshall. A special tribunal rendered judgment in favor of Ivy, ordered a special election and excluded Randle from the special election. Randle appealed, and Ivy cross-appealed. After review, the Mississippi Supreme Court found the special tribunal properly determined that a special election was required but improperly held that Randle was excluded from being a candidate. View "Randle v. Ivy" on Justia Law

This appeal arose after Matthew DeForest petitioned for a Determination of Heirs-At-Law and Wrongful Death Beneficiaries following the death of his natural father, Jeff Underhill. Joe Alexander, Underhill’s brother, filed a responsive pleading to DeForest’s petition raising numerous affirmative defenses; however, the Chancery Court held in favor of DeForest. The Chancery Court entered a judgment declaring DeForest to be sole heir at law for the purpose of the pending wrongful death action. Finding no reversible error in the Chancery Court's judgment, the Mississippi Supreme Court affirmed. View "Alexander v. DeForest" on Justia Law

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