Decisions – Miss.S.Ct. – March 20, 2014

Tipton v. State –  definition of imprisonment –  Tipton was wrongfully convicted and filed for compensation pursuant to M.C.A. Sect. 11-44-7.  The state agreed to pay Tipton $41,000 for the time he served in prison but not an additional $100,000 for time he served on house arrest arguing that house arrest (aka ISP) does not equal imprisonment.  The Miss.S.Ct. held that house arrest does not equal imprisonment for purposes of the compensation for the wrongfully convicted statute and affirmed the trial court’s order granting summary judgment for the state. 

Kimbrough v. Estate of Kimbrough – This concerns the estate of David “Junior” Kimbrough who died in 1998 and was purported to have 36 children. The Appellant alleges that the director of Fat Possum Records, Matthew Johnson, took advantage of the illiterate Kimbrough and that the confidential relationship between Johnson and Kimbrough demands scrutiny of several contracts and the will signed by Kimbrough before his death.  The Miss.S.Ct. affirmed finding that there was ample evidence to support the trial court’s conclusions.

Entergy v. Richardson – this was a car wreck wherein Richardson’s car was hit by an Entergy truck. The trial court dismissed the case for lack of prosecution but then reinstated it on Richardson’s 60(b) motion for relief.    The Miss.S.Ct. reversed and rendered finding that Richardson’s reasons for granting relief were not sufficient to grant the same pursuant to M.R.C.P. 60(b). 

Sherman v. State – Sherman was found guilty of possession meth precursors. He was sentenced to 12 years with 4 suspended.  His only issues on appeal involved sufficiency of the evidence which the Miss. S. Ct. did not find sufficiently compelling to reverse.

Sims v. State –  Sims was charged with three counts of aggravated assault.  He was allowed to plead to one of them as part of a plea deal.  More than three years later, Sims filed a motion for post-conviction relief arguing that the court should not have ordered him to pay restitution on the counts to which he did not plead guilty.  The trial court dismissed the motion as time barred.  On appeal, the Court noted that an illegal punishment is an exception to the statute of limitations contained in the State Post Conviction Relief Act.  Addressing the merits,  the Court held that the statute allows the court to order restitution to any victim who has suffered pecuniary damages as a result of the defendant’s conduct.   Here, SIms did not object to the restitution order at the time it was entered.  He has therefore waived any such objection.

BankcorpSouth Bank v. Brantley – BankcorpSouth foreclosed on some Oxford condominiums that were being built by the Fraziers of recent Jackson Jambalaya fame. The trial court granted summary judgment for four of the purchasers.  The case went to the Court of Appeals and then, on cert., to the Mississippi Supreme Court.  The Miss. S.Ct reversed the grant of summary judgment for the purchasers finding that there existed material issues of fact.  In doing so, the Court clarified what is known as the Pongetti rule also known as the rule of inverse alienation. 

 

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