Decisions – Miss.Ct.App. – June 10, 2014 – part 2

Williams v State –  In 2007, Williams pleaded guilty to one count of an indictment that contained several charges including agg. assault on a cop. felony fleeing . . . He was sentenced to 30 years.  In 2009, he filed a petition for habeas corpus arguing that the indictment charged him him violating MCA 93-3-7 when it should have read 97-3-7.   The court held that the indictment set out the correct elements and  thus, the citing of the wrong statute was not sufficient to set aside his plea.  In 2013, the Miss.S.Ct. granted Williams’ motion for an out of time appeal  of the 2009 order.  The case was assigned to the Ct. of Appeals which agrees with the circuit court that Williams was sufficiently apprised of the charges and that he pleaded guilty to the same and at the colloquy it was clear that Williams was pleading guilty t o  pointing a pistol at a police officer and attempting to shoot him.  

Matthies v. Reed, et al.  – tort claims act –  Hinds Co. case presenting issue of whether a security guard at a concert (the Miller Lite Crawfish Boil) was a state employee for purposes of immunity. Trial court found that Reed worked for the State Fair Commission and was immune.  The Court of Appeals reverses finding the evidence as to who was Reed’s employer was contradictory and not susceptible to decision via summary judgment. 

Gray Properties v. Utility Constructors, Inc.  standing –  Gray hired Guest to perform engineering and survey work for a piece of property intended to be used as a car lot. Utility Construction did the soil compaction work. Guest sold the property to CAR which put up a building which turned out to be structurally unsound because of the negligent soil compaction. Gray recompensed CAR and then sued Utility Construction and Guest. The trial court granted summary judgment on the grounds that Gray did not have standing.  On appeal the Court of Appeals reverses finding that Gray had standing to sue Utility and Guest and there was a genuine issue of fact as to whether Utility and Guest were liable. 

Hayes v. State – Hayes was found guilty of carjacking a vehicle driven by a woman stopped at the Taco Bell Drive Thru.   The victim described the carjacker and Hayes was later found driving recklessly through Gulfport and Biloxi in the stolen car.   The jury found him guilty after deliberating ten minutes.  On appeal he complains, in vain,  about the weight of the evidence.  

Chapman v. State – In 1982, Chapman was sentenced to life after pleading guilty to rape.   Over the years, the Court notes, he has filed numerous motions with the trial court and the Miss.S.Ct. His latest was filed in 2012.  The trial court held that it was time barred.  The Ct, of Appeals agrees. 

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