Decisions – Miss.S.Ct. – April 28, 2016

The Court amends MRAP 22(d) regarding the qualifications of lawyers representing death-sentenced inmates. See the amended version here.  Preston Overton v. State  – sanction of exclusion of witnesses –  The Court reverses an affirmance by the COA in a case where the trial court excluded two of the defendant’s witnesses because they were not timely disclosed.…

Decisions – COA – April 26, 2016

  Emergency Medicine Associates of Jackson, PLLC and John Brooks, M.D. v. Anita Glover, as Natural Mother and Next Friend of Her Minor Son, Anthony Glover – right to an IME – In December 2011 Anthony Glover presented to the Baptist ER (staffed by Emergency Medicince Associayes of Jackson).  Dr. Brooks diagnosed with with molluscum contagiosum,  a…

Decisions – Miss.S.Ct. – April 21, 2016

  Pekin Insurance Company v. Marsha R. Hinton and Thomas F. Hinton, Individually and, as the Wrongful Death Beneficiaries of Timothy R. Hinton, Deceased – personal jurisdiction – Timothy Hinton died after the safety harness on his treestand broke and he fell.  His parents filed suit in Jones County against the store (THe Sportsman’s Guide) that…

Oral arg. – COA – April 20, 2016 p.m.

At 1:30, the COA will hear Nathaniel Cooper v. State  Cooper was convicted of dogfighting and conspiracy to commit dogfighting in Rankin County and sentenced to three and five years as an habitual. On appeal he argues that he should have been given a circumstantial evidence instruction, that the evidence was insufficient, that the trial…

Decisions – COA – April 19, 2016

Daniel H. Frank v. City of Flowood, Mississippi – McArn wrongful discharge – Daniel Frank alleges that he was forced to resign as a police officer for the City of Flowood because he refused to drop charges against Melissa Laseter for driving under the influence  and assault on a law enforcement officer. Frank argues that his…

Oral arg. – COA – April 20, 2016 a.m.

At 10:00 the COA will hear the premises liability case of  Helene Benson v. Mack Rather dba The Tint Shop and Vicksburg Printing and Publishing Company  Benson was having work done on her car at the Tint Shop when she tripped over a concrete threshold that was serving no purpose but was left over from…

Decisions – Miss.S.Ct. – April 14, 2016

William Burgess, Derivatively on behalf of BancorpSouth, Inc. v. Aubrey B. Patterson, Hassell H. Franklin, James Virgil Kelley, Turner O. Lashlee, Robert C. Nolan, Alan W. Perry, James E. Campbell, III, Wilbert G. Holliman, Jr., Larry G. Kirk, Guy W. Mitchell, III, William Cal Partee, Jr., Warren A. Hood, Jr., William L. Prater, Gregg Cowsert…