Decisions – Miss.S.Ct. – Oct. 30, 2014

Frank Sanders 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…

Decisions – Miss.Ct. of App. – Oct. 28, 2014

McMinn v. McMinn – post divorce modification – the parties filed for divorce.  In 2011, the chancellor gave custody of the son to Sharon. Keith was ordered to pay her 100,000, $543 a month in child support, and $1000 a month in alimony.  Keith filed a motion to reconsider and the chancellor lowered the alimony…

legal malpractice – the trial within a trial

On September 17, 2014, the Miss.S.Ct granted an interloc. in the legal malpractice case of Robert Germany v. Ashley Janae Stowers.     Rodney Stowers was a football player at MSU when he broke his leg during a game in 1991.  Two days later he underwent surgery to install a rod in his leg.  Three…

McDaniel v. Cochran decision

McDaniel v. Cochran affirmed here. Justice King authored the majority opinion. Here’s how the others voted: WALLER, C.J., AND KITCHENS, J., CONCUR. RANDOLPH, P.J., CONCURS IN RESULT ONLY WITH SEPARATE WRITTEN OPINION. COLEMAN, J., DISSENTS WITH SEPARATE WRITTEN OPINION JOINED BY LAMAR, J. DICKINSON, P.J., CHANDLER AND PIERCE, JJ., NOT PARTICIPATING. Thus Blogged Anderson provides…

Decisions – Miss.S.Ct. Oct. 23, 2014

William Gray v. Arch Specialty Ins. Co. –  insurance coverage –  Gray was in a car wreck in April 2006.  Paramedic from Emergystat and Southland responded.  Gray died and his heirs filed suit against Emergystat and Southland alleging negligence.  Two days before taking a default judgment. the Frays notified the defendants’ insurer, Arch.  Arch investigated…

Decisions – Miss.Ct. of App. – Oct. 21, 2014

In the Interests of Joey: Sharon Smith v. Coahoma County Department of Human Services –  custody of sexually abused child – Sharon Smith had two boys, Joey, 4 and his 11 year old brother.  In March, 2012, DHS received a call that Joey was being sexually abused by his brother (their sister would eventually testify that she…