Decisions – Miss.Ct. of App. – Oct. 14, 2014

Miss. Dep’t of Revenue v. Johnny Reb Aviation – appeal of administrative agency – MDOR determined Johnny Reb Aviation LLC (Johnny Reb), an airplane dealership, was also chartering the airplanes it was offering for sale, which meant it had to pay a use tax. Johnny Reb disagreed and appealed to the chancery court.  The chancellor reversed the Department’s decision.…

Decisions – Miss.S.Ct. – Oct. 9, 2014

Howell v. State – death penalty case pcr – Marlon Howell was convicted of capital murder (underlying felony of robbery) and sentenced to death in the murder of Hugh Pernell, a newspaper carrier, who was shot and killed in his car  in New Albany while running his newspaper route.  In 2008, Howell filed a pcr petition and the Miss.S.Ct.…

Oral argument – Miss.Ct. of App. – Oct. 8, 2014

Several cases are being argued today in the Miss.Ct. of Appeals. First up at 10:00 a.m.  are three consolidated cases that all arise out of the looting of the estate of DeMon McClinton. (DeMon inherited the money from his grandfather, Aaron Henry).  DeMon’s  father Thomas McClinton and the estate’s lawyer Michael J.  Brown (not to…

Decisions- Miss. Ct. of App. – Oct. 7, 2014 – part 2

Jairus Collins v. State – murder/suppression of statement- Collins was convicted of the murder of Ebony Jenkins and sentenced to life without parole. Her body was found behind a Hattiesburg daycare.  A man who lived behind the daycare heard shots two nights before Jenkins’ body was found.  He testified that a man running from the…

Decisions – Miss.Ct. App. – Oct. 7, 2014 – part 1

White v. State –  agg. assault instr. – White was convicted of agg. assault and simple assault of a person over 65 and sentenced to 20 years and 5 years consecutively and without parole as an habitual. On appeal he argues the court erred in giving instruction S-1 which he claimed had excessive and irrelevant language…