Decisions – COA – Nov. 24, 2015

The COA had a long  hand down the week of Thanksgiving which I have not been able to summarize before now because of a million holiday and animal-related things.  The summaries are more summary-like than usual.

John Layton, Jr. v. Amanda Layton – husband challenges equitable distribution in divorce.  COA affirms.

Christopher Edward Thomas v. State –  Court affirms conviction for capital murder and conspiracy to commit armed robbery arising out of a dice game dispute in Panola County.

Bobby Joe Pinkney v. State – Former death row inmate Pinkney’s pro se pcr denied.

Synecca Malone v. State – COA affirms conviction for sale of alprazolam.

Ruby Hartford v. Beau Rivage Casino – Affirming summary judgment in  premises-liability suit against the Beau Rivage Casino alleging Hartford  tripped and fell over a casino patron’s walker.

Jerry Deuntay Carr v. State – The COA affirms Carr’s conviction for capital murder in the robbery and killing of Friar’s Point liquor store owner Gerald Simmons.

Calvin Hunter v. State – Affirming conviction of two counts of attempted aggravated assault on a law enforcement officer.

Arnold Lee Felton v. State –  Felton pleaded guilty to burglary of a dwelling.  He then filed a pro se pcr alleging his plea was involuntary which the trial court dismissed. The COA affirms.

Anthony Lafayette v. State – COA affirms conviction for manslaughter arising out of fight inside a nightclub in Bolivar County.

Robert Stratton Sr v. Jerry McKey – Stratton filed a replevin seeking  possession of a vintage truck that he had left at McKey’s repair shop for approximately three years. The court ruled that Stratton’s possession of the truck was conditioned upon him paying McKey $880 for storage fees.  The COA affirms.

G&S Auto Sales v. Terrance Walton –  In this workers comp case, the COA dismisses an attempt by the employer to take an interlocutory appeal without permission.

Brandon Smith v. State – The COA affirms Smith’s conviction for felon in possession of a firearm.

Roy Wallace v. State –  Pro se pcr denial affirmed.

Paul Johnson v. City  of Canton –  Johnson was denied a special exemption to build a house on a landlocked lot in Canton.  He then filed a lawsuit alleging that his rights to  equal-protection and due-process were violated.  The court granted summary judgment to the City.  The COA affirms.  “[T]o survive summary judgment, Johnson had to produce more than mere allegations. He had to put forth sufficient evidence to establish triable equal-protection and due-process claims.. Like the circuit court, we find Johnson produced zero evidence that he was treated differently than similarly situated property owners—a necessary element of an equal protection claim. No other property owners applied for, let alone were granted based on their race, the same special exemption Johnson was denied.”

John Karsten Simrall, Katherine Rae Leist and Simrall & Simrall, a Mississippi General Partnership v. Bunge-Ergon Vicksburg, LLC –   The Simralls owned a farm and promised to supply Ergon with 10,000 bushels of corn.  When the Yazoo River flooded, the Simralls were unable to perform and executed a promissory note of 283,812 representing the “fair market value of the market difference owed to Ergon by Simrall.”  John Simrall signed a personal guaranty.  Neither Simrall nor JJohn made any payments.   Ergon sued on the promissory note and the guaranty and the trial court granted summary judgment for Ergon.  The Simralls argued that the note and guaranty were not supported by consideration.  The COA  holds that “forbearance from a justiciable claim to which there are conceivably valid defenses is consideration sufficient to support a promissory note and a personal guaranty.”

Marlene McCoy v. State –  The COA affirms a felony DUI conviction.







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