Oral arg. – Miss.S.Ct. – June 8, 2016

At 10:30 the Court will hear State v. Kevin Scott

In this case the State is appealing after an Atkins hearing in which the trial court found that  Scott was mentally retarded.  Scott had been indicted along with  Leroy Lynch for capital murder in the death of  Richard Lee. Scott was also indicted for aggravated assault of Lurline Lee. Scott was found guilty and sentenced to death.

The State is appealing and sumamarizes its arguments thusly:

The State submits that the trial court committed error in holding that the sequential administration of two I.Q. measures constituted a valid means of testing for malingering in direct contravention of this Court’s clear admonition that a malingering test would be administered. The trial court also committed clear error in with regard to the testimony of Gussie Farris who was not accepted as an expert and thus provided inadmissible lay witness testimony. The trial court’s reliance on the testimony of Dr. Marc Zimmerman and its ultimate holding that Scott is mentally retarded is clearly erroneous as the facts simply do not support the court’s conclusions. Further, the trial court committed reversible error in denying 9 the State’s motion for judgment as a matter of law concerning Dr. Zimmerman’s failure to administer a valid malingering test. Finally, the trial court committed error in its wholesale adoption of the appellee’s proposed findings of fact and conclusions of law.

State’s brief

Scott’s brief

State’s reply brief

Watch the argument here


At 1:00 the court will hear Russell Real Property Services v. The State of Mississippi

This is an inverse condemnation case involving land in Pass Christian.   The State’s summation of the case is as follows:

On November 21, 2013, Russell Real Property Services, LLC (“Appellant”) filed suit alleging inverse condemnation against the State of Mississippi and the City claiming that a “taking” occurred on September 24, 2010 when the State of Mississippi entered into a lease with the City for the Subject Property as defined below. It is undisputed that the Appellant did not own the Subject Property on September 24, 2010. As such, the Appellant’s claim for inverse condemnation was properly dismissed by the Circuit Court for lack of standing. Additionally, even if Appellant had standing, all claims are barred by the Statute of Limitations because no suit was filed prior to September 24, 2013. Finally, the State of Mississippi owns the property seaward of the Seawall in Harrison County, including the Subject Property, as a matter of law, and thus the Appellant cannot complain of a taking of property that it has never owned.


Russell Real Property Services’ brief

The State’s brief

Russell Real Property Services’ reply brief

Watch the argument here

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