Hand down list In the Estate of Patrauna Hudson: Fanny Hudson, Individually and on Behalf of the Estate of Patrauna Hudson v. Yazoo City, Mississippi – Tort Claims Act – After a heavy rain in April of 2016, nine year old Patrauna Hudson drowned in a drainage ditch behind her back yard when it overflowed. Her…
Hand down list Michael Bernard Moore v. State of Mississippi – post-conviction – In 2011, Michael Bernard Moore pled guilty to statutory rape. In 2016 he filed a motion for post-conviction relief arguing that his indictment was invalid, lack of subject matter jurisdiction, ineffective assistance of counsel, and double jeopardy. The trial court dismissed it without a hearing…
At 10:30 the MSSC will hear the case of Fresenius Medical Care Holdings, Inc. v. Jim Hood and the State of Mississippi. This is actually two interlocutory appeals out of the same litigation. The State of Mississippi sued Fresenius which manufactures products used in hemodialysis treatments for patients suffering from end-stage renal disease alleging that the Fresenius product Granuflo…
Today the U.S.S.C. ruled in Carpenter v. United States that law enforcement accessing data to track cell phone locations must first get a search warrant. Timothy Carpenter was a suspect in a series of robberies of Radio Shack and T-Mobile stores in Detroit. Law enforcement got court orders under the Stored Communications Act to obtain his cell…
Hand down list B&B Management Company, LLC and Terrance Magee, Individually v. Y.X., A Minor By and Through Her Mother and Next Friend, He Shao – venue/fraudulent joinder – Y.X. alleged she was injured on a treadmill in the fitness room of an apartment complex located in Madison County. She filed suit against B&B in Madison County but…
At 10:00 the COA will hear the case of Theopolis Harper on behalf of the wrongful death beneficiaries of Laura Tine Harper v. Hudspeth Regional Center and the Mississippi Department of Health. Laura Tine Harper was a patient at the Hudspeth Regional Center from 1980 until her death in 2008. She suffered from psychotic disorder,…
Hand down list Ramona Baker v. Nakia Baker – division of marital assets – Ramona and Nakia agreed to an irreconcilable differences divorce in 2016. The chancellor awarded Ramona marital assets worth $110,600 and Nakia assets worth $10,660. Ramona appeals the divosion of marital assets and the denial of her request for periodic alimony. The COA…
Hand down list Roger Lee Jackson v. State of Mississippi – limitations on cross-examination – Jackson and Emmanuel Jones were driving around Jackson looking to buy some drugs (apparently drugs are harder to find now that they aren’t served at the State Street Krystal). They encountered Jerry Lewis and two others driving around in Lewis’…
At 10:00 the COA will hear the case of In the Matter of the Estate of John M. Kaye, Deceased, John Morgan Kaye v. Patricia Kaye which is a challenge to an inter vivos gift. John M. Kaye had three children and was married to his third wife when he died in his 90s. One child…
Hand down list Ali M. Almasri v. Cindy Hyde-Smith, Commissioner of the Mississippi Department of Agriculture and Commerce and Dr. Ashli Brown, State Chemist – timeliness of notice of appeal – Ali Almasri’s gas station was enjoined from selling ethanol blended gasoline after a state petroleum inspector performed a routine test on Almasri’s ethanol-blended tank and it…
Hand down list Derrick Ramone Hall – sufficiency of the evidence/murder – Hall was convicted of the May 6, 2015 murder of Kathryn Peacock whose body was found in her home with more than 30 stab wounds. Police found blood splattered clothing at the scene along with other evidence. That same day, Hall’s mother approached…
Hand down list Chester L. Gossett IV v. Tiffany Smith Gossett – adultery – Chester Gossett filed a complaint for divorce from his wife, Tiffany Gossett, on the grounds of adultery and cruel and inhuman treatment. Tiffany answered and filed a counterclaim for divorce on the same grounds. The chancellor dismissed both Chester’s complaint and Tiffany’s counterclaim finding…
