Decisions – Miss. S. Ct. – June 16, 2016

Arrowood Indemnity Company v. Mississippi Windstorm Underwriting Association – Arrowood is a member of the Miss.Windstorm Underwriting Assoc.   During the post-Katrina correction process, Arrowood submitted data it later claimed it was incorrect because it was based on incorrect representations by MWUA regarding whether excess insurance qualified as “essential property insurance” under MCA  Sect. 83-34-9.   MWUA refused to allow Arrowood to correct its mistake (which Arrowood claimed meant it paid $5 million too much) after the deadline had passed.  Arrowood appealed to the Commissioner of Insurance and then to the chancery court both of which affirmed MWUA’s decision. The Miss.S.Ct. reverses finding that  MWUA’s deadline was tolled because its incorrect representation was what caused Arrowood’s mistake.

The Court grants cert in  Bobby Leonard Gray v. State  (the link is to the COA opinion) which was an out of time  pro se  pcr  filed by Gray some 16 years  after being found guilty of a drug offense and sentenced to 60 years.   Gray filed a pcr motion in the trial court which dismissed it.   The court dismissed it, Gray appealed and the COA affirms. Here’s the cert petition.    I noted when the COA decided this case that looking at the Miss.S.t. docket, it appeared that Gray had a direct appeal which meant that any PCR would have to be filed in the Miss.S.Ct. first.  But who knows, there are about a dozen docket numbers assigned to Bobby Leonard Gray.

The Court orders that the comments to the Miss. Rules of Evidence “should not represent the ‘Official Comments of the Court’ or serve as ‘authoritative guides’ for interpreting the Mississippi Rules of Evidence. Instead, we find that the comments should be renamed Advisory Committee Notes and represent commentary from the Advisory Committee  on Rules, whose members represent the bench, bar, and the law schools of this state.”

The Court also strikes Section 9.A.5  of Administrative Procedures for Mississippi Electronic Courts and Section 6.A.5 of the Appellate E-Filing Administrative Procedures.

Order striking 9.A.5.  (This strikes the provision that required that “[a]ll addresses shall be limited to the city and state. No street addresses or apartment numbers should be used.”

Order striking Section 6.A.5 which is the same thing.

 

The Court orders additional briefing in  Laqunn Sharod Gary v. State of Mississippi.  

(1) Whether the State may establish a prima facie case of voluntariness of a defendant’s confession by evidence other than officer testimony or testimony from another witness to the confession.

(2) Whether establishing a prima facie case of voluntariness of a defendant’s confession by such means creates a new rule oflaw. And if so, whether the law applies retroactively or prospectively

(3) Whether remand is appropriate for a new suppression hearing.

    If this is your kind of issue, here are the briefs:
        Gary’s

brief

        State’s

brief

 

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