Kenny Griffis

Jason Farris sued the Mississippi Transportation Commission (MTC) after a dead pine tree in the highway right-of-way fell on his vehicle, causing serious injuries, claiming liability under the Mississippi Tort Claims Act (MTCA). Following a bench trial, the circuit court dismissed the case, finding MTC immune from suit. On appeal, the Mississippi Court of Appeals affirmed the dismissal, holding that MTC's maintenance and inspection of the right-of-way fell within the discretionary-function exemption of MTCA section 11-46-9(1)(d) because no statute or regulation created a mandatory duty to inspect every tree or remove all dead trees without notice of a specific hazard. The court further ruled that the dangerous-condition exception under section 11-46-9(1)(v) could not overcome the discretionary immunity. The decision rested on the absence of actual or constructive notice to MTC and the economic discretion involved in prioritizing inspections.

torts & liability

Milton Trotter and three co-defendants kidnapped a victim and stole a car, after which the victim was killed in a Mississippi hotel while Trotter was unconscious; Trotter waived indictment and pleaded guilty in 1981 to murder less than capital in Lauderdale County Circuit Court, receiving a life sentence to run concurrently with a federal kidnapping sentence. Over twenty-two years later, he filed a habeas corpus petition alleging lack of jurisdiction, double jeopardy, involuntary plea, and ineffective assistance of counsel. The circuit court recharacterized the petition as one for post-conviction relief under the Mississippi Uniform Post-Conviction Collateral Relief Act, dismissed several claims as time-barred under the three-year statute of limitations, and rejected the rest on the merits. The Court of Appeals affirmed, ruling that habeas petitions challenging convictions are properly treated as post-conviction motions and that the time bar precluded review of the claims tied to the validity of the guilty plea.

criminal lawprocedure

The case involved Kenneth Smith's appeal of his convictions in DeSoto County Circuit Court for fondling a child and sexual battery of a fourteen-year-old victim, in violation of Mississippi statutes, for which he received concurrent sentences of fifteen and twenty years. Smith raised five issues on appeal, including the admission of his statement without fresh Miranda warnings, the sufficiency of the evidence, restrictions on cross-examining witnesses about pretrial interviews, denial of a lesser-included-offense jury instruction, and an improper closing argument by the prosecutor. The Court of Appeals of Mississippi affirmed the convictions, holding that plain-error review did not require reversal on the unobjected-to statement, the verdict was not against the overwhelming weight of the evidence, the trial court committed no reversible error on the remaining evidentiary and instructional issues, and any prejudice from the closing remark was cured by the judge's admonition to the jury.

criminal lawprocedure

The case involved Jacob Pigford, an autistic student in the Jackson Public School District who could not communicate verbally, who sustained bruises after a teacher's aide attempted to restrain him during an anxiety attack triggered by a crowded hallway. His parents sued the district and two employees on his behalf, claiming excessive force by the aide and negligent failure to train, supervise, and establish appropriate guidelines for handling students like Jacob. After a bench trial, the circuit court entered judgment for the defendants, applying the standard under Mississippi Code Section 11-46-9(1)(x) that immunizes schools from liability for actions taken to maintain student discipline absent willful or wanton conduct. The Court of Appeals affirmed, holding that the employees' response was reasonable given Jacob's known behaviors, his individualized education plan developed with parental input, and the need to prevent harm to him or others.

torts & liability

In Horn v. Horn, a Mississippi chancery court granted Karen Horn a divorce from Jason Horn on the ground of habitual cruel and inhuman treatment, awarded her legal and physical custody of their child, set visitation and child support, and divided the marital assets and debts, with Karen receiving the majority. Jason appealed, challenging the sufficiency of the evidence for the divorce ground, the custody determination under the Albright factors, the visitation schedule, and the property division. The Court of Appeals affirmed the divorce, custody, and visitation rulings, finding that Karen's testimony and corroborating evidence of physical and emotional abuse met the legal standard for habitual cruel and inhuman treatment and that the chancellor properly applied the custody factors. It reversed and remanded solely on the property division, holding that the chancellor failed to make adequate findings of fact on asset valuations and contributions as required under Ferguson v. Ferguson. A dissent argued that the chancellor's property award was supported by the parties' own testimony and did not require expert valuations.

family law

Oliver Johns, Jr. was convicted of aggravated assault after being accused of driving a car from which shots were fired at Kendall Jefferson in 1996; at trial, only Johns testified in his defense despite claims of alibi witnesses. After his direct appeal was denied, Johns sought post-conviction relief alleging that alibi testimony from three witnesses would have altered the outcome and that his trial counsel provided ineffective assistance by failing to contact them. Following an evidentiary hearing, the circuit court denied relief, applying a "reasonable probability" standard rather than preponderance of the evidence and relying partly on the judge's personal knowledge of counsel's reputation. On appeal, the Court of Appeals of Mississippi affirmed the denial, holding that the standard used caused no prejudice to Johns, that counsel's performance was not shown to be deficient, and that the judge's reliance on prior experience with the attorney did not demonstrate bias requiring recusal.

criminal lawprocedure

In Thompson v. State, Jimmie Lee Thompson appealed his convictions for burglary of a dwelling and attempted grand larceny after being arrested while attempting to remove an antique desk from a home owned by Dorothy Worley. The Mississippi Court of Appeals affirmed the convictions, ruling that the trial court properly admitted the owner's lay opinion testimony on the desk's value of approximately $3,000, which was based on her personal knowledge of its purchase price and comparable sales. The court further held that a jury instruction on the lesser offense of petit larceny was not required, as the record contained no evidence that the desk's value was $250 or less.

criminal law

Chad Calcote sued the City of Jackson in county court alleging that police officers used excessive force against him while responding to a domestic disturbance call at his parents' home, resulting in broken teeth and other injuries during his arrest. The county court ruled for the City, but the circuit court reversed, finding that the officers acted within the scope of their employment, that Calcote was not engaged in criminal activity, and that their actions were unreasonable and not in good faith, awarding him $25,000. The Court of Appeals affirmed the circuit court's decision, holding that the evidence supported a finding of reckless disregard by the officers and that statutory immunity provisions did not apply, while also granting statutory damages, interest, and costs.

civil rightstorts & liabilitycriminal law

In this case, Otha Jenkins pled guilty to felony DUI third offense and received a five-year sentence with one year on intensive supervision program (house arrest) and the possibility that the remaining four years would be suspended upon successful completion. After violating ISP rules, Jenkins was moved to the general prison population and required to serve the full sentence; he then filed a motion for post-conviction relief claiming unlawful revocation of probation, which the trial court denied. The Court of Appeals affirmed the denial, holding that the record on appeal was incomplete because it lacked the motion itself, and further that Jenkins had not yet been placed on probation so no due-process hearing was required when his ISP status was revoked as an internal classification matter. The court also noted that the sentencing order properly made suspension of part of the sentence contingent on completing ISP, which is permissible.

criminal lawprocedure

Tracy Lynn Pearson pled guilty to reduced charges of aggravated assault and possession of a handgun by a felon after being indicted as a habitual offender on multiple counts including sexual battery and carjacking. He filed two successive motions for post-conviction relief, both denied by the circuit court, and appealed claiming his plea was involuntary due to coercion and that he received ineffective assistance of counsel. The Court of Appeals of Mississippi affirmed the denial, ruling that the second motion was barred as a successive writ under Mississippi Code Annotated § 99-39-23(6) with no applicable exceptions for new evidence or intervening decisions, and that the record showed the plea was entered knowingly and voluntarily with counsel providing effective representation by securing a favorable plea deal. The court also rejected claims regarding the lack of indictment for aggravated assault, noting it was a lesser included offense consistent with the plea bargain.

criminal lawprocedure

The case involved a used car dealer who bought a pickup truck from an individual seller after the seller stated it was a 1989 model, when it was actually a 1986 model; after the truck's transmission failed, the buyer sued for fraud in the inducement and breach of implied warranty of fitness for a particular purpose. The county court granted summary judgment to the seller on both claims, the circuit court affirmed, and the Court of Appeals of Mississippi also affirmed. The majority held that the buyer had waived his original breach-of-contract claim by failing to raise it below, that no implied warranty arose because the buyer did not rely on the seller's skill or judgment, and that the fraud claim failed to present a genuine issue of material fact under the clear-and-convincing-evidence standard. A dissent argued that the misrepresentation of the model year created a triable issue on fraud in the inducement.

business & regulatorytorts & liabilityprocedure

Bill Hammons sued Fleetwood Homes of Mississippi, Inc., Fleetwood Retail Corporation, and two supervisors for wrongful termination and malicious interference with his employment contract after his June 2000 discharge from his role as a housing consultant. Hammons claimed he was fired in retaliation for reporting an alleged illegal scheme involving refrigerator upgrades and commissions, and that his supervisors interfered with his contract through unfair evaluations. The trial court granted summary judgment to the defendants, and the Court of Appeals affirmed. The court held that no illegal act occurred because the customers received the two refrigerators they requested, so Hammons had no protected whistleblower claim, and the supervisors acted within their privileged positions without evidence of bad faith.

labor & employmenttorts & liability

In Brassfield v. State, the defendant was convicted of carjacking, four counts of kidnapping, and armed robbery after accosting a woman and her children at gunpoint, forcing them into an SUV, and then robbing a store with an accomplice. Brassfield appealed, arguing that the trial court erred by giving the jury an aiding and abetting instruction and by allowing the prosecution to question a hostile witness about prior statements. The Court of Appeals of Mississippi affirmed the convictions, holding that the aiding and abetting instruction was proper because it required the jury to find beyond a reasonable doubt that the defendant participated with intent and that all elements of the crimes were proven, distinguishing it from prior erroneous instructions. The court also found no reversible error in the witness questioning, as it was brief, relevant for impeachment, and did not harass the witness or violate evidence rules on leading questions.

criminal lawprocedure

Randy Arbuckle and Tanoah Bittick were convicted of burglary of a dwelling and simple assault after they entered a home without permission, damaged property, and assaulted occupants while attempting to collect a debt. On appeal, they argued that the trial court should have instructed the jury on the lesser-included offense of trespass and that the evidence was insufficient to support the convictions. The Court of Appeals of Mississippi affirmed the convictions, finding no evidentiary basis for a trespass instruction because the defendants claimed they had permission to enter, and determining that the evidence of breaking and entering with intent to assault was sufficient for the jury to convict on burglary and assault.

criminal lawprocedure

In Riley v. Riley, Gary Riley appealed a Lauderdale County Chancery Court judgment granting him a divorce on grounds of desertion from Dawnell Riley but awarding her custody of their two minor children, ordering him to continue paying $450 monthly in child support, and denying modification of the visitation transportation provisions. The Court of Appeals of Mississippi affirmed the chancellor's rulings. The court reasoned that Gary failed to prove a material change in circumstances in the custodial home that adversely affected the children, as required to modify the prior custody and support orders from the 2000 separate maintenance decree. It also found insufficient evidence that the existing visitation order was not working or that Dawnell's participation in transportation would benefit the children.

family law

This case involved a divorced wife's attempt to collect court-awarded rehabilitative alimony of $500 per month for thirty months. The divorce decree conditioned the alimony on the wife establishing a separate residence and ending her financial dependence on her boyfriend, with whom she had been living. After a hearing, the chancellor found that the wife had moved only to an adjacent trailer on the boyfriend's property, continued to receive substantial financial and other support from him, and had not shown she was a paid employee of his business. The Court of Appeals affirmed the denial of alimony, holding that the evidence supported the chancellor's conclusion of an ongoing mutually supportive relationship equivalent to marriage, which eliminated the need for support from the former husband under Mississippi precedent allowing modification of alimony upon a change in circumstances.

family law

This case involved the appeal of a divorce decree granted by a Mississippi chancery court on the ground of irreconcilable differences, where the parties had agreed that the chancellor would decide issues of child custody, support, marital property division, alimony, and attorney's fees. The Court of Appeals affirmed the chancellor's award of primary physical custody to the mother along with child support, the equal division of all marital assets, the award of rehabilitative alimony to the mother, and the exclusion of the father's expert witness. It also affirmed the chancellor's decision to allow evidence of attorney's fees after trial. The court reversed the award of attorney's fees, however, because the mother presented no evidence of her inability to pay her own attorneys and the property division and alimony gave her the means to do so. The core reasoning applied the manifest-error or abuse-of-discretion standard of review to the chancellor's findings on custody (using the Albright factors), property, and alimony, while applying settled precedent requiring proof of inability to pay before awarding fees.

family law

This case involved a dispute between Juliet Lawson Jowett, a shareholder and employee in the law firm Scruggs, Millette, Lawson, Bozeman & Dent, P.A., and the firm and its principals after her termination in 1998. Jowett argued she had not been validly expelled as a shareholder, that her shares were undervalued, and that other members breached fiduciary duties, while also seeking punitive damages and attorney fees. The chancery court awarded her approximately $420,000 for undistributed 1997 income and the value of her shares. The Court of Appeals of Mississippi affirmed, holding that Jowett's 1997 employment agreement and opening of a separate practice effectively ended her active shareholder status, that the valuation date and method used by the chancellor were correct, and that no fiduciary breach occurred.

business & regulatorylabor & employmentprocedure

In Dockens v. State, the appellant, who had pled guilty to two counts of grand larceny and one count of cocaine possession, sought post-conviction relief from his sentences, claiming the court failed to inform him of the charges and minimum sentences, his pleas were involuntary, the plea agreement was not honored, he was denied due process, and he received ineffective assistance of counsel. The circuit court denied the petition, and the Court of Appeals of Mississippi affirmed that decision. The court reasoned that the indictment and plea petitions informed Dockens of the charges and minimum sentences, rendering any omission by the trial judge harmless; the record showed the pleas were knowing and voluntary with no evidence of an unfulfilled concurrent-sentence agreement; and counsel's performance was not deficient under Strickland standards, as Dockens received the bargained-for twelve years to serve. The opinion rejected all claims as unsupported by the record.

criminal lawprocedure

James D. Boggan was convicted of three counts of statutory rape of a thirteen-year-old girl and sentenced to three concurrent thirty-year terms in prison. On appeal to the Court of Appeals of Mississippi, Boggan raised claims including gender discrimination in jury selection, erroneous jury instructions regarding consent, ineffective assistance of counsel, and insufficient evidence to support the verdict. The court affirmed the convictions and sentences, finding that defense counsel did not make a proper contemporaneous objection to the jury challenges, the instructions accurately stated the law on statutory rape, trial counsel's decisions were strategic and not deficient, and the victim's testimony along with corroborating evidence was sufficient to uphold the jury's verdict.

criminal law