6 results for 'judge:"Maxwell"'.
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. 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. 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. 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
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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