Decisions – Miss.S.Ct. – July 31, 2014 – part 2

Mississippi Commission on Judicial Performance v. Leigh Ann Darby – Leigh Ann Darby was a drug court judge, youth court referee and family master in Tate County. She was already reprimanded once in Mississippi Judicial Performance Commission v. Darby, 75 So.3d 1037 (Miss. 2011). By her own admission she lacks a judicial temperament and she…

Decisions – Miss.Ct. of App. – July 29, 2014

Priutt v. Pruitt Allocation of PERS account in divorce – In this divorce, the chancellor awarded the wife one-third of the husband’s PERS retirement account which he calculated to be a monthly payment of $500 or one-third of the retirement check and $92,000 from the account. The Ct. of Appeals reversed. For one thing, the…

Circumstantial evidence instructions: nevermore?

The Mississippi Supreme Court is considering doing away with circumstantial evidence instructions. The issue has arisen in the case of Burleson v. State. Charles David Burleson and Jeremy Hughes were charged with capital murder (underlying felony of robbery) in the death of Stephen Holley. The cases were severed and Burleson was found guilty and sentenced…

Decisions – Miss.S.Ct. – July 24, 2014

Alisha Vanwey v. State – on cert., the Court took up the case of Alisha Vanwey or Gadd or Van Wey or Way or Vanney, etc. who pleaded guilty in 2007 to three counts of selling hydrocodone. She was sentenced as an habitual to 11 years each to run concurrently. SHe filed a pcr petition…

Show cause part 2: July 24, 2014 in the Miss.S.Ct.

At 10:00 a.m., an en banc Court held a second show cause hearing in the Vicksburg Healthcare case. Jackson Jambalaya has posted the videotape of the hearing. EN BANC 2013-IA-00181-SCT Vicksburg Healthcare, LLC d/b/a River Region Health System v. Clara Dees; Warren Circuit Court; LC Case #: 10,0151-CI; Ruling Date: 01/22/2013; Ruling Judge: Isadore Patrick,…

Oral arg.- Miss.Ct. App. – July 23, 2014

At 1:30, the Court of Appeals will hear the case of Samuel McMinn v. Sharon McMinn Samuel McMinn is appealing the chancellor’s decision refusing to terminate the alimony of Sharon McMinn and declined to award back child support. The case presents the issue of what the chancellor should do concerning events that occur after the…