Decisions – Miss.S.Ct. – Jan. 29, 2015

Dependable Abrasives v. Richard Pierce –  silica  –  Pierce was a sandblaster for 16 years and has been diagnosed with silicosis.  He  filed suit against various manufacturers/ suppliers of silica-containing blasting sand and manufacturers of respirators designed to protect the wearer. Before trial, all defendants were dismissed other than Dependable Abrasives and one respirator defendant…

Oral arg. – Wed., Jan. 28, 2015

At 10:30 the Miss.S.Ct. will hear an interlocutory appeal, Dr. John Mallette et al v. Amy Dye and Todd Dye The issue is venue.  As the defendants put it, the case  presents the  question of whether local physicians can be deprived of their statutory mandatory and exclusive venue right to be tried only where their own treatment occurred.…

Decisions – Miss.Ct.App. – Jan. 27, 2015

Warren v. State – defiicient indictment –  Warren was convicted of bringing contraband (xanax and lortab) into the Winston-Choctaw Regional Correctional Facility in Louisville, Mississippi.  She appeals arguing that the indictment was defective because it charged her with bringing in contraband but failed to identify the contraband. Here, it is clear that the indictment failed to specify…

585’s provision for non violent offenders to seek parole

Last year the legislature passed a two hundred page bill affecting many areas of criminal law.  One of the few provisions that applies to persons sentenced prior to the effective date of the bill (July 1, 2014) is MCA Sect. 47-7-3(1)g(iii): iii)  Notwithstanding the provisions of paragraph (1)(a) of this section, any nonviolent offender who has served…

Latest cert. grants

Drummer v. State – Ct of Appeal op. – Drummer was found guilty of two counts of grand larceny and one count of attempted grand larceny. Law enforcement attempted to stop Drummer when he ran a four-way stop. A chase ensued. When Drummer was caught, it was determined that the van, trailer and John Deere lawnmower…

Decisions – Miss.S.Ct. – Jan, 22, 2015

The Alabama Great Southern Railroad v. Jones –  In 2010, Chantel Jobes’s vehicle left the southbound lane of Highway 11, crossed the northbound lane and crashed into a concrete railroad trestle. Jobes was seriously injured in the accident, and she filed a complaint against Norfolk Southern Railway Company, the Mississippi Transportation Commission, and the Mississippi Department of Transportation.…

Oral arg. – Miss.Ct. of App. – Jan. 22, 2015

at 10:00 the Court heard arguments in Shannon Rayner v. State. I’m sorry I failed to preview it before hand but with the flu most of my energy has been concentrated on breathing between coughing spasms.  The good news is that you can still view the argument because the Court is now using Youtube to…