Decisions – Miss.S.Ct. Oct. 29, 2015

James K. Basil v. Roger Browning, Union County Election Commission – residency requirement for County Superintendent election – – The Union County Election Commission found that  Roger Browning did not meet the residency requirements to run for Union County Superintendent of Education.  While Browning lives in Union County, he lives in New Albany which has a separate…

Decisions – COA – Oct. 27, 2015

Dexter Johnson v. State –  ineffectiveness claims on direct appeal/dismissal of jurors –  In  August of 2005, Robert Hill Smith and JimBuck Frazier were riding in Frazier’s car, when they passed Johnson’s home.  Johnson started following them because  Smith owed him y $65. Johnson stopped Frazier and Smith and approached the car with a gun in his…

Miss. S. Court amends MRE 802 and 804 and UCCCP 4.02

The Court tweaks a few rules. RULE 802. HEARSAY RULE Hearsay is not admissible except as provided by law. The words “as provided by law” include other rules prescribed by the Mississippi Supreme Court. . . . (note: the underlined sentence has been added) RULE 804. HEARSAY EXCEPTIONS; DECLARANT UNAVAILABLE Comment (a) In defining unavailability,…

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

Ward Gulfport Properties, LP and T. Gerard Gulfport LLC  v. Mississippi State Highway Commission –  whether state’s use of  private property as wetland mitigation requires compensation – In 2007, the Mississippi State Highway Commission began the process of building a  highway from Interstate I0 to the port of Gulfport.   The highway was to go directly through…

Oral arg. – COA – Oct. 21, 2015

At 10:00 a.m., the COA will hear the case of Carol Gray v. Eric Graham, M.D. and Michelle Graham, N.P., a med mal case that  was dismissed on summary judgment after the trial court held that the affidavit of the plaintiff’s expert was conclusory.  After Carol Gray suffered a second thoaracic fracture within 4 months,…