Decisions – Miss.S.Ct. – May 5, 2016

The only orders today were denial of rehearing except the Court did announce the change to MRAP 28 whereby, as of June 1, 2016, briefs will need to contain a Statement of Assignment.

 

( 4) Statement of Assignment. This statement must succinctly give the reasons, if any, that the Supreme Court either must or should retain the case for the reasons stated under Rule 16(b) or (d). The statement should include citations to any cases sought to be overruled or perceived to be in conflict.

See the revised MRAP 28 here. 

I stand corrected by TBA who, since torpedoing his own blog, is now policing mine. There was a cert grant in Jennifer Carter v. Josh Carter.

Here’s my description of the COA opinion that came down in October of 2015 with a link to that decision.

Jennifer Carter v. Josh Carter    whether  GAL required  in custody modification –   Josh and Jennifer  divorced in Rankin County in 2011, and Jennifer got custody of their one child Delaney.  In May 2012, Josh filed a complaint for modification which alleged a material change in circumstances that had adversely impacted Delaney.  It did not specify what the changes were.  an attorney was appointed to investigate and she determined that  Jennifer was living in a extremely dilapidated mobile home.  The chancellor found the home to  be “shocking,” “squalid,” and “dangerous.” The chancellor found a change in circumstances and gave Josh primary custody.  On appeal Jennifer argues that the court erred in not appointing a GAL.  . Neither party ever asked the chancery court to appoint a guardian ad litem.  While the law requires a GAL be appointed where there are  allegations of abuse or neglect,  in this case Josh did not  expressly accuse Jennifer of neglecting Delaney.

The cert petition  contends that “The Appointment of a Guardian Ad Litem Was Mandatory in this Case, and Because One Was Never Appointed, Due Process Requires the Court to Reverse and Remand for a New Hearing.”

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