William Myers

The case involved a group of citizens who sued the mayor and aldermen of Ruleville, Mississippi, over allegedly unauthorized garbage fee increases and the use of city equipment for private graves, first in chancery court and then in circuit court after the initial dismissal. The circuit court granted summary judgment to the defendants, but on appeal the Mississippi Court of Appeals addressed whether the suit was properly before it. The court held that the citizens' claims constituted an appeal from a municipal decision governed by Mississippi Code section 11-51-75, which requires filing within ten days of the board's action. Because the group failed to meet that deadline, both the chancery and circuit courts lacked jurisdiction regardless of how the claims were reframed or the parties sued, so the appellate court vacated the circuit court's judgment and dismissed the appeal.

procedure

In 1981, Mikel White was convicted by a jury of capital murder and sentenced to life imprisonment in the Madison County Circuit Court, and he later pled guilty to related charges including aggravated assault and armed robbery. In 2008, White filed a pro se motion for post-conviction relief claiming ineffective assistance of counsel, which the circuit court dismissed as a successive writ. The Mississippi Court of Appeals affirmed the dismissal, holding that the motion was barred as successive under Miss. Code Ann. § 99-39-23(6) and time-barred under § 99-39-5(2), that White failed to establish an exception such as newly discovered evidence, and that his ineffective-assistance allegations lacked sufficient support in the record to overcome the procedural bars.

criminal lawprocedure

Tony Ducksworth pleaded guilty in Jones County Circuit Court to forcible rape of a thirteen-year-old and received a sentence of thirty years, with twenty to serve and ten on post-release supervision. He then filed a motion for post-conviction relief alleging actual innocence, ineffective assistance of counsel, a defective indictment, and an invalid guilty plea; the circuit court denied the motion without an evidentiary hearing. On appeal, the court affirmed, holding that the valid guilty plea waived non-jurisdictional defects in the indictment, that Ducksworth's self-serving affidavit provided insufficient evidence to support his innocence or false-evidence claims, and that his attorney was not ineffective because the advice given was accurate and consent would not have been a defense given the victim's age. The court further found the plea was knowingly and voluntarily entered after Ducksworth was properly advised of his rights, the charge, and the possible penalties during the plea colloquy.

criminal lawprocedure

The case involved Robert Spurlock's 2008 conviction in Pike County Circuit Court for possession of at least one kilogram but less than five kilograms of marijuana with intent to distribute, for which he received a fifteen-year sentence. Spurlock appealed the denial of his pretrial motion to suppress evidence seized from a vehicle during a police roadblock, arguing that the stop and search violated the Fourth Amendment. The Mississippi Court of Appeals affirmed the conviction, finding that officers had reasonable suspicion to set up the roadblock after receiving a suspicious phone call while executing a search warrant at a suspected buyer's home, and that probable cause supported the subsequent vehicle search based on an open beer container, a visible handgun, and the odor of marijuana. The court applied de novo review to the reasonable suspicion and probable cause determinations and upheld the investigatory stop as constitutional under established precedents.

criminal lawprocedure

In Jackson v. State, Bertrue Jackson was convicted of aggravated assault and possession of a firearm by a convicted felon after a shooting at a nightclub on January 1, 2008. He appealed the trial court's denial of his motion for JNOV or a new trial and its refusal to give a self-defense jury instruction. The Mississippi Court of Appeals affirmed the convictions, finding that the evidence, including testimony that the victim was unarmed and not threatening Jackson, was sufficient to support the jury's rejection of self-defense, and that Jackson's argument regarding the jury instruction was unsupported by authority and thus procedurally barred.

criminal lawguns

The case involved Trenton Russell Sheffield Jr. and Mary Ann West Sheffield's divorce proceedings in Mississippi chancery court, where Mary Ann was granted a divorce on grounds of desertion and adultery and awarded permanent periodic alimony of $4,500 per month. Russell appealed, arguing that the alimony amount was excessive because the court failed to adequately account for the marital debts assigned to him in the equitable distribution of property. The court affirmed the lower court's decision, finding that the chancellor properly considered the Armstrong factors, including the parties' financial situations, earning capacities, and standard of living, and that there was no manifest error or abuse of discretion in the alimony award.

family lawproperty

Marsha Austin sued the State of Mississippi, the Mississippi Department of Mental Health, and two employees, alleging she was wrongfully terminated from her nursing position at a state hospital after complaining about understaffing and falsified records; she raised claims including wrongful termination, negligence, breach of contract, emotional distress, and defamation. The defendants countered that she was fired for falsifying a timecard and asserted defenses including sovereign immunity. The trial court granted summary judgment to the defendants. On appeal, the Mississippi Court of Appeals affirmed, holding that Austin's only evidence consisted of unsworn interrogatory responses, which are inadmissible to oppose summary judgment, and that the record contained no competent evidence creating a genuine issue of material fact on causation or any of her causes of action.

labor & employmenttorts & liabilityprocedure

Jessie Dean Ellis sued Gresham Service Stations, Inc., d/b/a Double Quick, Inc., and Bradley MacNealy for premises liability after claiming he was assaulted by unknown assailants behind the store. The trial court granted summary judgment to the defendants, finding no genuine issue of material fact as to whether Double Quick had actual or constructive knowledge of an atmosphere of violence on its premises. On appeal, the court affirmed, concluding that prior incidents at the store did not rise to the level of creating a foreseeable risk of the type of assault Ellis described or establish an overall pattern of criminal activity sufficient to impose liability. The court also found it unnecessary to address the exclusion of a witness's testimony since Ellis could not meet the duty element of his negligence claim.

torts & liability

In Ladner v. Ladner, a married couple each sought a divorce in Mississippi chancery court, with the wife alleging habitual cruel and inhuman treatment and the husband counterclaiming on grounds of adultery. The trial court granted divorces to both parties on their respective fault grounds, divided the marital estate, emancipated their minor child, awarded the wife periodic alimony, and ordered the husband to pay part of her attorney's fees. On appeal, the Court of Appeals reversed and rendered the divorce granted to the wife, holding that her testimony lacked the required corroboration to prove habitual cruel and inhuman treatment by a preponderance of the evidence. The court affirmed the alimony award and the husband's divorce on adultery but reversed and remanded the attorney's fees determination for adequate findings by the chancellor.

family law

Diane Smith sued Wesley Health System after her termination as a registered nurse, claiming breach of contract based on a sign-on bonus agreement and employee handbook, plus defamation by coworkers regarding a fetal death incident. The circuit court granted summary judgment, finding Smith was an at-will employee with no written contract signed by the CEO and insufficient evidence of defamation. On appeal, the Mississippi Court of Appeals affirmed, holding that employment documents and handbook disclaimers established at-will status, the bonus language did not create a fixed-term contract, and no triable issues existed on the claims.

labor & employment

In Bridgeman v. State, Percy Bridgeman was convicted by a jury in Madison County Circuit Court on two counts of statutory rape of an eight-year-old victim, L.H. On appeal, Bridgeman argued that the trial court erred by admitting the child's out-of-court statements to social workers, a school principal, and a police investigator, and that newly discovered evidence of a government witness's prior embezzlement conviction entitled him to a new trial. The Mississippi Supreme Court affirmed the convictions, holding that the statements were properly admitted under the tender-years hearsay exception in Mississippi Rule of Evidence 803(25) after considering the Wright factors for reliability. The court further concluded that the witness's prior conviction constituted mere impeachment evidence that did not warrant a new trial, and that the trial testimony, out-of-court disclosures, and medical evidence of a sexually transmitted disease were sufficient to support the guilty verdicts under the statutory definition of sexual intercourse.

criminal lawprocedure

This case involved a request by Memphis Stone and Gravel Company for a zoning variance to expand its sand and gravel mining operation onto eighteen acres within the city limits of Batesville, Mississippi, which were zoned for residential and community business uses where mining is not permitted. The Mayor and Board of Aldermen granted the variance with conditions after a recommendation from the planning commission, and the circuit court affirmed. The Court of Appeals reversed, holding that the variance amounted to impermissible spot zoning because it allowed a prohibited use out of harmony with the existing zoning ordinance. The court relied on precedent defining spot zoning as reclassification for uses prohibited by the original ordinance.

propertybusiness & regulatory

The case involved James D. Fulgham, who was convicted by a jury in Webster County Circuit Court of sexual battery and touching a child for lustful purposes arising from an alleged incident with a 14-year-old boy at his grandmother's home. On appeal, Fulgham argued that the trial court erred by failing to provide a sua sponte limiting instruction on the use of a transcript of a recorded conversation with the victim's mother and by restricting his cross-examination of the mother regarding the victim's prior behavior. The Mississippi Court of Appeals affirmed the convictions, reasoning that Fulgham neither requested a limiting instruction nor identified any inaccuracies or prejudice from the transcript, and that he waived the cross-examination issue by failing to make a proffer of the excluded testimony for the record.

criminal lawprocedure

The case involved Roger Heidelberg's conviction by a jury in Jones County Circuit Court for sexual battery of a twelve-year-old girl, after which the State sought to amend the indictment to charge him as a habitual offender based on two prior felony convictions documented by certified sentencing orders. The trial court imposed a life sentence without parole or probation under the habitual offender statute. On appeal, Heidelberg argued for the first time that the State failed to formally offer the certified orders during the sentencing hearing, requiring reversal. The Court of Appeals affirmed, holding the claim procedurally barred for lack of objection at trial or in post-trial motions and finding no plain error, as Heidelberg had notice via the amended indictment and did not contest the validity of his prior convictions.

criminal lawprocedure

This case involved a dispute over title to a 22.6-acre parcel in Harrison County, Mississippi, where Lloyd Smith filed a complaint to quiet and confirm title after acquiring the property through a chain of tax sales. American Public Finance, Inc. (APF), which later received a quitclaim deed from a prior owner, moved to intervene after the default judgment was entered, seeking to set it aside and claim the property. The chancery court denied the motion, finding that APF was not a necessary party when the suit was filed, had not conducted an adequate title search, and lacked standing under Rule 60 to challenge the judgment. On appeal, the Mississippi Court of Appeals affirmed, holding that Smith complied with statutory notice requirements, APF was not a bona fide purchaser, and no error occurred in refusing joinder or relief from the judgment.

propertyprocedure

In Johnson v. State, Cleveland Johnson was convicted by a jury in Washington County Circuit Court of possession of cocaine base with intent to distribute after officers found approximately 33.4 grams of crack cocaine on the driver's side floorboard of a car he was driving on an outstanding warrant. Johnson appealed, claiming insufficient evidence to prove he possessed the drugs and that his prior drug distribution conviction was improperly admitted at trial. The Mississippi Court of Appeals affirmed the conviction and twenty-year sentence, finding sufficient evidence of constructive possession based on the drugs' location in plain view under the steering wheel, Johnson's apparent attempt to hide something, and his possession of cash, while also holding that the prior conviction was admissible under Mississippi Rule of Evidence 404(b) for intent purposes after the trial court conducted a Rule 403 balancing analysis and gave a limiting instruction.

criminal law

This case involved a divorce action filed by Natasha Sullivan against Gerard Sullivan in Hinds County Chancery Court on grounds of uncondoned adultery. The chancellor granted the divorce, divided the marital property, and awarded attorney’s fees to Natasha after denying Gerard’s last-minute request for a continuance when he appeared pro se. On appeal, the court affirmed the denial of the continuance and the property distribution, finding no prejudice or manifest error, but reversed the attorney’s fees award because the record lacked evidence of Natasha’s inability to pay her own fees.

family lawpropertyprocedure

The case involved Hudson Edgett's appeal of his conviction for attempted burglary of a dwelling after a jury found him guilty based on evidence that he tried to force entry into his neighbor Linda Townes's home on April 5, 2008. Edgett argued that the State failed to prove he intended to commit rape if he had gained entry, challenging the denial of his motion for a directed verdict. The court affirmed the conviction and 25-year habitual-offender sentence, holding that the evidence—Edgett's explicit statements such as "I want to f*ck you" after being rejected, his physical struggle to open the door and damage to a window screen, and his repeated returns—was sufficient for a reasonable jury to infer intent to commit rape. The court applied the standard of viewing evidence in the light most favorable to the State and noted that intent can be shown through acts and declarations coupled with surrounding circumstances.

criminal law

The case was a divorce proceeding in which Deborah Meador appealed a Jones County Chancery Court judgment granting her a divorce from Willie Meador on the ground of uncondoned adultery; she challenged the chancellor's failure to consider Willie's interest in a liquor store, denial of rehabilitative or periodic alimony, and denial of attorney's fees. The appellate court affirmed the judgment in full. The core reasoning was that the chancellor had correctly identified and equitably divided the marital estate under the Hemsley and Ferguson factors, that Deborah possessed adequate assets and income to meet her needs without alimony, and that she had the ability to pay her own attorney's fees given the property distribution and her earning capacity.

family lawproperty

In Seghini v. Seghini, Christopher and Kristy Seghini sought a divorce after Kristy filed for adultery, with the couple disputing child support amounts, alimony, allocation of marital debts, and division of property including a foreclosed home originally financed by Kristy's grandfather. The chancery court granted the divorce on adultery grounds, awarded Kristy custody and $500 monthly child support, divided marital property and debts, and held Chris in contempt for failing to meet temporary support obligations. On appeal, the court affirmed the divorce, custody, property division, and contempt findings but vacated the child support and alimony awards, remanding for further proceedings. The core reasoning was that the chancellor had not made required specific findings of fact regarding Chris's income as a self-employed carpenter, which was necessary to properly calculate support and alimony obligations, while other determinations were supported by the record without error.

family lawpropertyprocedure