Decisions – Miss.S.Ct. – May 19, 2016

Cynthia B. Adams v. Anthony S. Hughes, Jr. – premises liability/landlord liability – Hughes was assaulted while he was a patron at the Electric Cowboy.  He sued the owner of the business and the owner of the building who leased the premises to the Electric Cowboy.  The owner, Cynthia Adams, moved for summary judgment on the grounds that she had no control over the property.  The trial court denied her motion.  The Miss.S.Ct. granted her interlocutory appeal and holds that she since she retained no right of control over the operation on the premises nor exercised any right of control, she could not be liable for the assault on Hughes.

Anthony Quinn v. State of Mississippiinstruction on burglary as underlying offense of capital murder – Quinn was convicted of capital murder in the death of Stacy Gray  and sentenced to life. Quinn had burst into the trailer of Stacy Bray and her boyfriend.  The boyfriend got out and called 911.  As law enforcement approached, Quinn shot himself in the head (but survived as you may have guessed).  They found Gray’s body inside.  Quinn’s attorneys had him examined at Whitfield. Whitfield issued 4 reports with one doctor expressing doubts as to Quinn’s competency but two others opining that he was competent. On appeal. Quinn argues that the instructions were vague as to the underlying offense of burglary and that he received ineffective assistance at trial.  The court finds no problem with the instructions and holds that he ineffective claims will have to be raised on post conviction.

The Court denies rehearing in John Ashley Hale v. State but modifies one paragraph.

And the Court grants cert in  Charles Kuebler v. State, a case with so many errors it would take a book to recount them.  The link takes you to the COA opinion.

5 thoughts on “Decisions – Miss.S.Ct. – May 19, 2016

  1. you failed to mention that you represent Kuebler…. so your opinion isn’t exactly objective is it?

    • not the point. if we want to rely on your blog, you need to disclose if you have an interest in the case. shame.

      • Point taken.

        But that gives me an opportunity to clarify something. There is no way I can do justice to these opinions in the one paragraph summaries I manage to eke out every week. I’ll summarize a domestic case and then Judge Primeaux on his fantastic blog will summarize the same case and point out a million things I missed. My blog provides links to opinions and briefs so that persons interested in any particular area of law can read the summaries and determine which opinions and briefs they need to read for themselves. I try to keep the snark to a minimum which pretty much takes all the fun out of blogging.

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