20 results for 'court:"Mississippi Supreme Court"'.
[Consolidated.] J. Beam finds the lower court erroneously terminated family services' custody of the child and dismissed it from the custody case without a hearing. The relief awarded to the petitioners was permanent in nature and required more than the in-chambers "discussion" conducted by the court; therefore, the department will be reinstated and the case remanded for a proper hearing. Reversed.
Court: Mississippi Supreme Court, Judge: Beam, Filed On: May 2, 2024, Case #: 2023-IA-813, Categories: Civil Procedure, Family Law
J. Chamberlin finds the lower court properly found that an issue of material fact exists in this wrongful death matter. As the result of a multi-vehicle accident, a driver sustained injuries for which he was prescribed medication. The wife of the driver filed a wrongful death action, arguing the opposing parties are responsible for the death of her husband, for if he was not involved in the accident, he would not have been prescribed the medications that led to his death by liver failure. Because there is a question of foreseeability, the instant court finds the matter should go before a jury. Affirmed.
Court: Mississippi Supreme Court, Judge: Chamberlin, Filed On: February 22, 2024, Case #: 2021-CT-01284-SCT, Categories: Wrongful Death
J. Maxwell finds the lower court properly found in favor of the Mississippi Department of Revenue (MDOR) in this matter concerning sales tax. A tool retailer was found in an audit by the MDOR to have underpaid sales taxes during a specified period of time, as the tool retailer classified certain transactions as wholesale and tax-exempt, but the MDOR found not to be. As a result of the discrepancy, the company owed for taxes on the transactions in addition to interest and penalties, amounting to $124,728. The lower court found the MDOR assessment to be valid and the instant court agrees. Affirmed.
Court: Mississippi Supreme Court, Judge: Maxwell, Filed On: February 22, 2024, Case #: 2021-CT-01186-SCT, Categories: Tax, Business Practices
J. Kitchens finds the lower court improperly awarded funds to a school district. A county recovered funds from a business through bankruptcy proceedings, and the school district argued it was entitled to a portion of the funds. The lower court awarded the school district an amount equal to a shortfall it experienced in one relevant year, but the county argues the school district is not entitled to the funds. The instant court finds the school district is funded yearly via established accounts that hold sufficient funds to cover the school district’s budget regardless of the collection of taxes, with delinquent tax collection falling to the county for recovery. While the school district did experience a shortfall one year, the statutory procedure to recover the funds is for the school district to issue a promissory note to recover the funds from the county, which it chose not to do. The school district is not entitled to the recovered tax money. Reversed.
Court: Mississippi Supreme Court, Judge: Kitchens, Filed On: January 18, 2024, Case #: 2022-CA-00471-SCT, Categories: Bankruptcy, Tax, Fiduciary Duty
J. Griffis finds the lower court properly convicted defendant of two counts of the sale of less than two grams of cocaine, which occurred during controlled buys using a confidential informant. Due to defendant’s prior felony convictions, he was sentenced to life as a habitual offender. Defendant argues his indictment is defective because it did not include the length of time he served for his prior felony convictions, but he failed to object to the indictments in the trial court so the matter cannot be considered on appeal. All other claims are without merit. Affirmed.
Court: Mississippi Supreme Court, Judge: Griffis, Filed On: January 18, 2024, Case #: 2022-KA-00859-SCT , Categories: Drug Offender, Sentencing
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J. Chamberlin finds the lower court properly convicted defendant on two counts of first-degree murder for a drive-by shooting that killed a man and a woman in their vehicle. Defendant was sentenced to life in prison for the murders with an additional five years for each count for a firearm enhancement. The instant court finds the firearm enhancement was improperly applied because a greater minimum sentence is already applied with the life sentence for murder. Portions of the sentencing related to the firearm enhancement should be vacated, but no error was found in any other aspects of sentencing. Reversed in part.
Court: Mississippi Supreme Court, Judge: Chamberlin, Filed On: January 18, 2024, Case #: 2022-KA-00696-SCT, Categories: Firearms, Murder, Sentencing
J. Maxwell finds the lower court properly convicted defendant of two counts of sexual battery for sexually penetrating his two minor nieces. Defendant’s argument that he is entitled to a new trial because he was only permitted to attend a pre-trial hearing virtually during the Covid-19 pandemic is without merit. Evidence is sufficient to support his convictions and sentence to 35 years imprisonment on each count, to be served concurrently. Affirmed.
Court: Mississippi Supreme Court, Judge: Maxwell, Filed On: January 18, 2024, Case #: 2022-KA-00107-SCT, Categories: Evidence, Sex Offender
J. Ishee finds the lower court properly convicted defendant of first-degree murder for stabbing his girlfriend to death while he was allegedly under the influence of drugs. The victim was beaten extensively and stabbed so many times that the medical examiner was unable to determine an exact count. Defendant argues body camera and photographic evidence should not have been allowed and was prejudicial, but the lower court clearly outlined the probative value of the evidence and its value to the jury in determining the nature and intent of the act. Evidence is sufficient to support defendant’s conviction and life sentence, and the instant court finds no abuse of discretion by the lower court. Affirmed.
Court: Mississippi Supreme Court, Judge: Ishee, Filed On: December 14, 2023, Case #: 2022-KA-00617-SCT, Categories: Evidence, Murder
J. Griffis finds the lower court improperly affirmed the trial court judgment in this matter of alleged drug possession. A jury found defendant guilty of possession of a controlled substance after a grand jury indicted him for knowingly, willfully, unlawfully and feloniously possessing 30 grams or more of ethylone, a Schedule I controlled substance, discovered during the course of a traffic stop. Defendant was sentenced to 30 years imprisonment with 10 years suspended and 20 to serve. But the instant court finds that ethylone is not a Schedule I controlled substance, and as such the indictment does not charge a crime, and defendant's motion for post-conviction relief was timely filed. Defendant’s conviction and sentence are reversed, and the judgment dismissed. Reversed.
Court: Mississippi Supreme Court, Judge: Griffis, Filed On: November 9, 2023, Case #: 2021-CT-00306-SCT, Categories: Drug Offender, Evidence, Sentencing
J. Randolph finds the lower court properly convicted defendant of driving under the influence (DUI) third offense. Defendant was pulled over after almost colliding with a police vehicle on a roadway. During the traffic stop, the officer saw an open beer can in the console of the vehicle and smelled alcohol on the defendant, resulting in a certified DUI officer being called to the scene. The certified DUI officer administered a field sobriety test, which defendant failed, and she was taken into custody and ticketed for careless driving and driving under the influence. Defendant argues the lower court’s handling of jury instructions prejudiced the outcome of her trial, and that she received ineffective assistance from trial counsel. The instant court finds no error in the lower court’s handling of jury instructions and that the defendant abandoned her ineffective assistance of counsel claim by failing to state an issue. Affirmed.
Court: Mississippi Supreme Court, Judge: Randolph, Filed On: September 21, 2023, Case #: 2022-KA-00754-SCT, Categories: Ineffective Assistance, Dui, Jury Instructions
J. Maxell finds the lower court improperly denied a law firm’s claim for payment. The chancery court accepted an offer by the wife of the deceased to purchase the estate's assets with the understanding that certain debts would be paid. The law firm provided $86,000 worth of legal services to the deceased which remains unpaid. A substitute executor argued the firm's claim was not timely, as it was filed outside the four-year statute of limitations period, and the lower court agreed. On appeal, the firm argues the claim is timely, as the purchase agreement specifically ordered the debt to be paid by the estate, which did not happen; the instant court agrees. The matter is remanded to the lower court to instruct the estate to pay the debt per the previous order. Reversed.
Court: Mississippi Supreme Court, Judge: Maxwell, Filed On: September 21, 2023, Case #: 2022-CA-00837-SCT, Categories: Debt Collection, Wills / Probate
J. Coleman finds the lower court improperly reversed the decision of a trial court. A police officer responding to an emergency call for a rollover collision was involved in a crash at an intersection. The driver of the vehicle that was struck filed suit on behalf of herself and her minor child who were both injured in the collision. The lower court found that the officer had acted with reckless disregard, but the trial court found that he did not; the instant court sides with the trial court, finding that sufficient evidence was presented to support its decision. Reversed.
Court: Mississippi Supreme Court, Judge: Coleman, Filed On: August 3, 2023, Case #: 2021-CT-00639-SCT, Categories: Evidence, Tort, Negligence
J. Griffis finds the lower court properly granted summary judgment to the executrix of an estate. The sons of the decedent challenge whether the lower court has jurisdiction over this matter and whether the wife of the deceased, who is also the executrix, had undue influence over changes made to the will prior to decedent’s death. The instant court finds the subject of jurisdiction is time-barred, as the sons did not raise the matter until they entered their response to the summary judgment motion. The instant court also finds no evidence of undue influence. Affirmed.
Court: Mississippi Supreme Court, Judge: Griffis, Filed On: June 29, 2023, Case #: 2021-CP-00513-SCT, Categories: Wills / Probate, Jurisdiction
J. Randolph finds the lower court improperly found that a tenant committed conversion and breached its lease with a building owner when it removed equipment that was affixed to the building. The tenant purchased a commercial business from the building owner but leased the building. The parties agreed to an Asset Purchase Agreement (APA) that stated the tenant purchased the business and all property necessary to conduct the business. When the tenant moved to a new location, it took the equipment, but the building owner said the equipment belonged to it because the equipment was attached to the building and had been excluded from the APA. The lower court agreed. But the instant court finds the equipment is included in the APA, as it is part of all the assets necessary to conduct the business. The tenant is responsible for any damage that may have occurred as a result of removing the equipment, and the matter is remanded to determine the amount of damages to repair the building. Reversed in part.
Court: Mississippi Supreme Court, Judge: Randolph, Filed On: June 22, 2023, Case #: 2021-CA-00778-SCT, Categories: Landlord Tenant, Conversion, Contract
J. Maxwell finds the lower court properly convicted defendant of aggravated assault for shooting a man in the back after an altercation at a convenience store, and sentenced him to 15 years incarceration with three years suspended. Defendant claims he received ineffective assistance from trial counsel, but the instant court finds no deficiency in his representation. Affirmed.
Court: Mississippi Supreme Court, Judge: Maxwell, Filed On: June 22, 2023, Case #: 2022-KA-00236-SCT, Categories: Ineffective Assistance, Assault
J. Maxwell finds the lower court improperly denied a store’s motion for summary judgment in this negligence claim. A customer allegedly slipped and fell within a minute of entering the store, sustaining injury. The customer did not know what caused the slip, and did not see any hazard before, during, or after the incident. The store employee who took the incident report amended it the following day to show that carpet freshening powder had been the culprit, and that it was cleaned up after the customer reported the fall. The customer presented no evidence that indicated when or how the spill occurred, nor did she present evidence to show the store was negligent, or had knowledge of the spill for any length of time and failed to take action. Reversed.
Court: Mississippi Supreme Court, Judge: Maxwell, Filed On: June 22, 2023, Case #: 2022-IA-01054-SCT, Categories: Evidence, Negligence, Premises Liability
J. Beam finds the lower court properly convicted defendant of aggravated domestic violence for repeatedly assaulting his wife in their home and threatening her with a gun, after he discovered text messages with another man on her old cell phone. Defendant received a 20-year sentence to be served in the custody of the Mississippi Department of Corrections. Defendant’s arguments are without merit. Affirmed.
Court: Mississippi Supreme Court, Judge: Beam, Filed On: June 8, 2023, Case #: 2022-KA-00660-SCT, Categories: Domestic Violence
J. Maxwell finds the lower court properly convicted defendant of capital murder for the shooting death of his former girlfriend, and sentenced him to life imprisonment. Defendant broke into the victim’s optometry office while she was examining a patient. While the victim attempted to run from the office, defendant shot the victim in the back and the back of the head, killing her. While defendant argues the state did not prove the underlying felony of burglary, the instant court finds that it did. Affirmed.
Court: Mississippi Supreme Court, Judge: Maxwell, Filed On: June 8, 2023, Case #: 2021-KA-01254-SCT, Categories: Burglary, Murder
J. Ishee finds the lower court properly convicted defendant for intentional possession of a quantity of 20 dosage units but no more than 40 dosage units of methamphetamine. The drugs were found during the course of a search of a vehicle defendant had been driving, and was stopped by police for not having the license plate illuminated; a baggie of methamphetamine pills were stashed behind the car radio. Evidence is sufficient to support defendant’s conviction and sentence of 20 years in the custody of the Mississippi Department of Corrections, with eligibility for release after eight years with five years post-release supervision. Affirmed.
Court: Mississippi Supreme Court, Judge: Ishee, Filed On: June 8, 2023, Case #: 2021-KA-01159-SCT, Categories: Drug Offender, Evidence
J. Chamberlain finds the lower court improperly ordered a potential candidate’s name to be placed on a ballot as a qualified candidate. The candidate filed a petition for judicial review after his qualifications had been challenged, and the Democratic Party Executive Committee disqualified him, and the lower court found in his favor. But the instant court finds the candidate filed his petition for judicial review outside the 15-day mandated filing period, making his petition time-barred. Reversed.
Court: Mississippi Supreme Court, Judge: Chamberlin, Filed On: June 8, 2023, Case #: 2023-EC-00611-SCT, Categories: Elections