Decisions – Miss.S.Ct. – March 13, 2014

only one opinion today

Johnson v. State – Johnson was charged with possession of meth precursors.  At trial, the state introduced the search warrant and the affidavit underlying the search warrant which contained inadmissible hearsay such as that the house Johnson lived in was a meth house.  The trial attorney did not object on the basis of hearsay and, on appeal, the Miss.Ct. of APpeals held that this might have been reversible error were it not procedurally barred.  The Miss. S. Ct. granted cert. and reversed and remanded finding that it was plain error. 

The Court also granted an interlocutory appeal in Johnson v. Johnson – a divorce case wherein Amber Johnson asked permission to appeal an order requiring her to produce her complete bank statements. The hand down list contains this order.

Amber Olsen Johnson v. Walter Thomas Johnson; Madison Chancery Court; LC Case #: 2012-0921; Ruling Date: 10/14/2013; Ruling Judge: Janace Goree; Disposition: The Petition for Interlocutory Appeal filed by Petitioner is granted. This matter is remanded to the Madison County Chancery Court for entry of an order denying Respondent’s Motion to Compel in cause no. 2012-0921. The notice of appeal having been deemed filed, the filing fee is due and payable to the Clerk of this Court. The Respondent is taxed with all costs of this appeal. To Grant and Render: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce and King, JJ. To Grant: Coleman, J.; Randolph, P.J., for the Court. Order entered.
If you read the order, apparently it was the service via e-mail to an employee of opposing counsel that prompted the reversal.

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