49 results for 'court:"Mississippi Court Of Appeals"'.
J. Smith finds the lower court properly denied the husband's motion to dismiss for a failure to prosecute. The court's issuance of a temporary support order and the wife's motion to find the husband in contempt when he fell behind in payments were actions sufficient enough to allow the case to remain on the docket. However, the court's decision to convert the temporary payments into a permanent obligation must be reversed for its failure to hold a hearing and the lack of analysis of disputed facts regarding the fault of each party regarding the divorce. Affirmed in part.
Court: Mississippi Court Of Appeals, Judge: Smith, Filed On: May 14, 2024, Case #: 2022-CA-908, Categories: Civil Procedure, Family Law
J. Lawrence finds the trial court properly granted the apartment complex's motion for summary judgment on the estate's wrongful death claim. The victim and the individual who shot and killed her knew each other before the incident, while the estate also failed to submit any evidence of a causal relationship that would have transferred liability to the complex. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Lawrence, Filed On: May 14, 2024, Case #: 2022-CA-897, Categories: Evidence, Wrongful Death
J. Lawrence finds the trial court properly allowed the prosecution to present evidence of defendant's previous manslaughter convictions at his trial on a murder charge. The testimony, including that he previously disposed of a body on his property, was relevant to the current case and showed a "common plan" to hide a body following a murder. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Lawrence, Filed On: May 14, 2024, Case #: 2022-KA-1066, Categories: Evidence, Murder
J. McCarty finds that while there was no evidence of judicial bias, the trial court was barred from presiding over defendant's postrelease control revocation hearing because he had prosecuted the underlying criminal case prior to being elected. The judge's impartiality is not at question; however, his involvement in a previous portion of the case disqualified him from further participation and, therefore, the case must be remanded for a new hearing in front of a different judge. Reversed.
Court: Mississippi Court Of Appeals, Judge: McCarty, Filed On: May 14, 2024, Case #: 2023-CP-200, Categories: Criminal Procedure, Drug Offender, Judiciary
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J. Smith finds that while defendant's indictment did not include the word "killed" or "murdered," the language was sufficient to put him on notice that he was being charged for the death of the victim, which allowed him to put forth an adequate defense and allowed the jury to convict him of the lesser-included offense of manslaughter. However, because the jury instructions for defendant's aggravated assault charges included conflicting intent elements of "knowingly" and "recklessly," his due process rights were violated and those convictions must be vacated. Affirmed in part.
Court: Mississippi Court Of Appeals, Judge: Smith, Filed On: May 9, 2024, Case #: 2022-KA-705, Categories: Murder, Assault, Jury Instructions
J. Carlton finds the trial court properly denied defendant's motion to exclude his confession to police because he voluntarily waived his Miranda rights and only confessed to having some sexual contact with the victim after police mentioned evidence from a DNA test. Although the officers made statements about prison and that they could "help him" if he told the truth, defendant repeatedly denied any contact with the victim until the DNA evidence was mentioned; therefore, the confession was not coerced. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Carlton, Filed On: May 8, 2024, Case #: 2023-KA-185, Categories: Miranda, Sex Offender
J. Lawrence finds the lower court properly named the wife sole residential parent of the child. Although both parents were actively involved in the child's life, the husband's short temper and history of excessive spanking made the wife's home a safer and more suitable environment. Meanwhile, the award of child support over the statutorily required amount was supported by evidence in the record, including a joint decision to send the child to private school and the fact the husband was not working to his full earning capacity at the time of the separation. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Lawrence, Filed On: May 8, 2024, Case #: 2022-CA-804, Categories: Evidence, Family Law
J. Westbrooks finds the commission properly increased the former police officer's disability benefits and found she suffered an 80% loss in earning capacity after a near-death assault by a suspect. While testimony from the police department's physician attributed at least some of her PTSD to general work conditions, the testimony from an independent medical evaluator supported the increase in benefits. The commission was in the best position to determine witness credibility and because it did not completely disregard the evidence from the police physician, its decision was not against the weight of the evidence. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Westbrooks, Filed On: May 7, 2024, Case #: 2022-WC-1050, Categories: Employment, Experts, Workers' Compensation
J. Wilson finds the trial court erroneously admitted the entirety of defendant's initial interview with police into the record. The officer who interviewed him never stopped asking questions about the hit-and-run accident after defendant requested an attorney and the two took a short break. However, there was overwhelming evidence to prove defendant struck a child and left the scene of the accident, including identifications by the victim's mother and a neighbor, as well a defendant's admission he knew he struck a child, not a dog; therefore, the error was harmless. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Wilson, Filed On: May 7, 2024, Case #: 2022-KA-1235, Categories: Evidence, Vehicular Homicide
J. McCarty finds the lower court properly denied defendant's petition for postconviction relief based on the validity of his plea agreement. He not only signed a waiver, but also spoke in open court to enter his guilty plea, while the sentence handed down by the trial court did not exceed the statutory maximum. Even though the 40-year sentence was double what the state recommended, defendant acknowledged at his plea hearing the recommendation did not have to be followed and because it was within statutory guidelines, it did not nullify the plea agreement. Affirmed.
Court: Mississippi Court Of Appeals, Judge: McCarty, Filed On: May 7, 2024, Case #: 2023-CP-202, Categories: Sentencing, Sex Offender, Plea
J. Smith finds the lower court properly dismissed the contract claim filed by the general contractor against the masonry company. Any defects in fireplaces should have been discovered when the homes were finished in 2016, which means the 2021 claim was barred by Mississippi's three-year statute of limitations. However, because the first fire did not occur until 2018, the negligence claims were not barred by the same statute of limitations and will be reinstated upon remand. Affirmed in part.
Court: Mississippi Court Of Appeals, Judge: Smith, Filed On: May 7, 2024, Case #: 2022-CA-938, Categories: Civil Procedure, Construction, Contract
J. Emfinger finds the trial court properly denied defendant's motion for a jury instruction on self-defense or the accident doctrine because her testimony clearly established she knowingly struck the victim with her car as she drove in reverse. Defendant initially claimed she was trying to get away from the victim, but admitted at trial she saw her when she "revved" the engine and was going between 20 and 40 miles per hour when the impact occurred; therefore, defendant's statement she "acted in self-defense" was insufficient to warrant a jury instruction. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Emfinger, Filed On: May 7, 2024, Case #: 2023-KA-52, Categories: Murder, Self Defense, Jury Instructions
J. Smith finds the lower court properly granted summary judgment to an estate in this negligence matter. A grandson sued his grandfather for injuries he sustained after allegedly being hit by a golf cart at a family gathering on his grandfather’s property. The lower court granted summary judgment to the estate, as the grandfather had passed away before the matter concluded, finding that the grandson failed to provide specific proof of negligence by the grandfather. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Smith, Filed On: November 14, 2023, Case #: 2022-CA-00597-COA, Categories: Evidence, Negligence
J. Greenlee finds the lower court properly granted summary judgment to a school district in this negligence matter. A student was injured in a middle school show choir class when he and two other students decided to film a “TikTok Challenge” while the instructor was working with other students to obtain parental permission for an upcoming choir trip. The lower court found that neither the school district, school, nor the instructor could have prevented the occurrence as it was not foreseeable, and appropriate action was taken, with the two uninjured participants suspended for a period of three days. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Greenlee, Filed On: November 14, 2023, Case #: 2022-CA-01010-COA, Categories: Education, Negligence
J. McCarty finds the lower court properly awarded custody of a minor child to a father. The parents were never married and always lived separately, with the daughter initially staying with mother during the week and father on weekends. The parties then entered into a joint custody agreement. When the mother moved out of state for a job, she left the daughter with the father during the week to maintain continuity in the child’s life. The mother moved again and married, then entered the Navy, and did not see the child for several months. The mother later petitioned for sole custody of the daughter, and the father counterclaimed also seeking sole custody. The lower court found there had been a material change in circumstance since the original custody agreement, and that the child living with the father was more stable environment, and awarded him sole physical custody of the daughter. The instant court finds no error or abuse of discretion by the lower court. Affirmed.
Court: Mississippi Court Of Appeals, Judge: McCarty, Filed On: November 14, 2023, Case #: 2022-CA-00887-COA, Categories: Family Law
J. Smith finds the lower court properly denied defendant’s motion for post-conviction relief. Defendant pleaded guilty to two counts of first-degree murder and was sentenced to two consecutive terms of life imprisonment in the custody of the Mississippi Department of Corrections. Though defendant argues his guilty pleas were involuntary, the record shows otherwise, with the lower court conducting two plea colloquy proceedings to make sure defendant was aware of the consequences of his entering his pleas and that he was knowingly and voluntarily entering them. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Smith, Filed On: November 14, 2023, Case #: 2022-CP-01186-COA , Categories: Murder, Plea, Due Process
J. McDonald finds the lower court properly convicted defendant for attempted murder, possession of cocaine and possession of methamphetamine. Defendant was sentenced to 30 years in the custody of the Mississippi Department of Corrections, with 20 years to serve and 10 years of supervised post-release probation, and three years to serve for each of the drug possession convictions with all to run consecutively. Defendant argues the lower court erroneously admitted evidence of prior bad acts and prejudiced the outcome of the trial, but no evidence of his prior bad acts was entered, only that he had been previously arrested. The instant court finds defendant did not show that he had been prejudiced by the information. Affirmed.
Court: Mississippi Court Of Appeals, Judge: McDonald, Filed On: November 14, 2023, Case #: 2022-KA-01042-COA, Categories: Drug Offender, Evidence, Murder
J. Emfinger finds the lower court properly denied defendant’s motion for a new trial. Defendant was convicted of burglary of a dwelling and conspiracy to commit burglary of a dwelling for his role in entering a home, stealing a laptop computer and taking beer from the refrigerator. Evidence is sufficient to support his convictions and sentence of 20 years for the burglary conviction with 15 years to serve, five suspended, five years of post-release supervision, and five years for the conspiracy conviction. While defendant argues the jury was not instructed on possible lesser offenses, the instant court finds that even if it were an error, it would not have impacted the trial outcome, as the evidence of defendant’s guilt was overwhelming. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Emfinger, Filed On: November 14, 2023, Case #: 2022-KA-00598-COA, Categories: Burglary, Fair Trial, Jury Instructions
J. Greenlee finds the lower court properly convicted defendant of first-degree murder and shooting a firearm into a vehicle. Defendant shot a gun in a convenience store parking lot, killing a man sitting in the back seat of another car. Surveillance video captured the incident. Evidence is sufficient to support her convictions and sentence of life imprisonment with eligibility for parole, with five concurrent years suspended and three years post-release supervision. Defendant’s claim the jury was improperly instructed is without merit as the lower court judge excluded the lesser charge of second-degree murder, but the defendant failed to object, thereby waiving her right to later argue the issue. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Greenlee, Filed On: November 14, 2023, Case #: 2022-KA-00446-COA, Categories: Evidence, Murder, Jury Instructions
J. Emfinger finds the lower court properly convicted defendant of capital murder, aggravated assault, possession of a firearm by a felon, and two counts of armed robbery for his role in shooting two men in a nightclub he robbed; one man was killed and the other severely injured. The lower court improperly convicted him on one count of armed robbery because there was no evidence presented that personal property was taken from the victim that was killed. Reversed in part.
Court: Mississippi Court Of Appeals, Judge: Emfinger, Filed On: October 31, 2023, Case #: 2021-KA-01161-COA, Categories: Murder, Robbery, Assault
J. Emfinger finds the lower court improperly considered a modification of custody. The chancery court entered a Final Judgment of Modification and Contempt that awarded a father sole physical and legal custody of the parties’ minor child. Though the mother originally had physical custody of the child with the father having visitation, the father petitioned for, and was granted, emergency custody after the mother allegedly had legal and domestic issues that had the child living with the maternal grandparents. The father was ultimately awarded sole physical and legal custody of the child. While the instant court finds the lower court had jurisdiction over the matter, it also finds that it improperly limited the mother’s access to pertinent discovery materials from the guardian ad litem and should not have disallowed the mother’s request to allow the child to testify. The matter is remanded for further proceedings. Reversed in part.
Court: Mississippi Court Of Appeals, Judge: Emfinger, Filed On: October 31, 2023, Case #: 2022-CA-00600-COA, Categories: Family Law, Due Process, Jurisdiction
J. Emfinger finds the lower court properly convicted defendant of conspiracy to commit murder and first-degree murder for his role in the shooting death of a man. Defendant received a 20-year sentence for the conspiracy conviction and life imprisonment for murder to run concurrently. Defendant argues the lower court erroneously allowed phone records and testimony of an officer explaining the use of those records in tracking the location of defendant’s cell phone, but the instant court finds no error in the lower court's handling of the matter. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Emfinger, Filed On: October 31, 2023, Case #: 2022-KA-00709-COA, Categories: Evidence, Murder, Witnesses
J. Westbrooks finds the lower court properly modified custody of the parties’ children, awarding the father sole physical custody. The mother was found to have withheld visitation, and the father demonstrated that there was a material change in circumstances that called for a review of the custody award. The lower court agreed with the father finding concerns surrounding behavioral changes as the result of the children living in the mother and step-father’s home. The instant court finds no reversible error in the lower court's findings and modification. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Westbrooks, Filed On: October 10, 2023, Case #: 2022-CA-00294-COA, Categories: Family Law
J. McCarty finds the lower court properly convicted defendant of first-degree murder and possession of a firearm by a felon. Defendant shot into an apartment window after having a physical altercation with the occupant. One of the shots hit the occupant, puncturing his heart and lung, killing him. Evidence is sufficient to support defendant’s convictions and sentence of life plus 10 years. Affirmed.
Court: Mississippi Court Of Appeals, Judge: McCarty, Filed On: October 10, 2023, Case #: 2022-KA-00815-COA, Categories: Evidence, Firearms, Murder
J. Carlton finds the lower court properly convicted defendant of nine counts of touching of a child for lustful purposes for inappropriate touching of three minor girls, for which he was sentenced to 35 years in the custody of the Mississippi Department of Corrections. Defendant argues the lower court should have granted his motion for severance and should have held three separate trials, but the lower court found the cases with each girl to be connected and part of a common scheme. The lower court did not abuse its discretion in denying the motion and the instant court found it properly instructed the jury to consider each count separately. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Carlton, Filed On: October 10, 2023, Case #: 2022-KA-00851-COA, Categories: Sex Offender
J. Carlton finds the lower court properly convicted defendant of burglary for stealing equipment from a shed at the Hattiesburg Department of Public Works, and sentenced him to seven years in the custody of the Mississippi Department of Corrections. Defendant argues the jury should have been instructed on the lesser-included offense of larceny, but the instant court makes clear that larceny is a lesser-nonincluded offense, and defendants are no longer entitled to those instructions.The instant court finds no error in the lower court's findings. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Carlton, Filed On: October 10, 2023, Case #: 2022-KA-01118-COA, Categories: Burglary, Evidence, Jury Instructions
J. McDonald finds the lower court properly convicted defendant of armed robbery for robbing a gas station with a gun, sentencing him to 33 years in the custody of the Mississippi Department of Corrections. Defendant argues that evidence of his interrogation should not have been allowed into evidence as it constitutes evidence of other bad acts and prejudiced him, but the lower court found his statements to be voluntary and therefore admissible. Affirmed.
Court: Mississippi Court Of Appeals, Judge: McDonald, Filed On: October 10, 2023, Case #: 2022-KA-00607-COA, Categories: Evidence, Robbery