Before the Ct. of App. – Jan. 9, 2014

Robey v. Cleveland School Dist. – principal fired from job. He claims his non-renewal notice was received a day late, that his firing was not supported by substantial evidence and violation of equal protection. Robey’s reply brief.

Albert “Batman Donelson” v. State – If you live in Jackson, you’ve heard of Batman Donelson. Here he was acquitted of robbery but convicted of aggravated assault in the beating of a man who was severely beaten, stripped of his clothes, and placed in a shopping cart. Donelson appeals on sufficiency of the evidence grounds, that he was prejudiced by the prosecution’s referring to him as Batman, that the court erred in failing to give an instruction on impeachment of a witness, that he was denied the right to cross-examine a witness about a deal he was given, that the trial court erred in defining reasonable doubt during voir dire, and that the court erred in not considering evidence discovered after the trial.
State’s Brief. Donelson’s reply brief.

In the Matter of the Guardianship of Frank Lewis issue of conflict in appointment of guardian – Nelson filed a petition to appoint a conservator for Frank Lewis. Lewis hired Constance Slaughter-Harvey as his lawyer. At the hearing, the court established a guardianship and appointed Slaughter-Harvey as the guardian. Lewis appealed raising issues including that the requirement for two physician’s certificates was not met and that Slaughter-Harvey acted improperly in accepting the court’s appointment as his guardian when she was hired to prevent establishment of same. Slaughter-Harvey’s brief.

McLeod v. McLeod – chancellor found pre-nup. invalid. Her brief. His reply brief.

Porter v. Grand Casino – chancellor granted summary judgment for casino in case where Porter sued over Hurricane Katrina damage alleging casino was negligently moored. Porter’s reply brief.

Davis v. State – Davis indicted for DUI and possession of beer in a dry county. He was acquitted of the DUI but found guilty of possession and sentenced to 45 days in jail. He appeals raising these issues: 1) that the state failed to prove that Covington County is dry; 2) that the state failed to prove that the liquid in question contained more than 4% alcohol; and 3) that 45 days is cruel and unusual punishment. Davis’ brief. State’s brief.

Pruitt v. Pruitt – chancellor refused to modify custody on grounds that mother dated drug dealer for a year (a relationship that ended when he went to jail). Husband appeals. Husband’s brief.

Jones v. State – Jones convicted of raping 13-year-old. Issues include whether trial court erred in failing to replace juror who slept on various occasions throughout trial. State argues that Jones never asked to have the juror replaced. Jones’ brief. State’s brief.

Rickman v. State – defendant convicted of aggravated assault on a police officer. On appeal Rickman raises issues regarding sufficiency of the evidence. Rickman’s brief. State’s brief.
2013-388

Walker v. Williams TransportWorkmans compensation case. Truck driver was injured when he stepped out of truck to retrieve a “scale ticket.” He was denied benefits based on a finding that the cause of the accident was the truck driver’s intoxication. He appeals. Walker’s brief.

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