Decision – Miss.S.Ct. – Feb. 23, 2017

One decision today (along woith four cert denials). The court grants a pro se pcr motion filed by Richard Birkhead allowing him to proceed in the trial court on one issue: whether his trial attorney was ineffective for waiving a competency hearing.  Here’s the order. And here’s his pcr motion. birkhead-pcr    

Oral arg. – Miss.S.Ct. – Feb. 22, 2017

at 1:30 the Court will hear the case the annexation case of In the Matter of the Enlargement and Extension of the Town of Terry, Greg Wilson v. Town of Terry. In 2012, Terry decided it needed to expand its boundaries. Terry identified five areas for expansion (south, east, west, northeast, and northwest).  The chancellor,…

Decisions – COA – Feb. 21, 2017

Dwight Lott v. State of Mississippi – parole revocation – Lott pleaded guilty to murder in 1988.   He was paroled in 2000 but then arrested in 2010 and charged with child molestation.  His parole was revoked but the new charges were later nolle prossed.  At that point Lott began to challenge his parole revocation.…

Decisions – Miss.S.Ct. – Feb. 16, 2017

  Jon A. Swartzfager v. Thomas R. Saul – breach of agreement to sell land – Swartzfager owned a large tract in Jones County on which he planned to build a subdivision, Deerfield.  Thomas Saul was a Mississippi highway patrolman who lived in a home nearby.  Swartzfager approached Saul and offered to sell him a piece…

Oral arg. – COA – Feb. 16, 2017

At 2:00 p.m. the Court will hear the case of John Eubanks v. Kim Wade d/b/a Kim Wade Real Estate. Eubanks filed a complaint against Kim Wade claiming that he suffered damages when he hired Wade to sell his property in Terry and Wade misrepresented the fact that he could place the property with the…

Decisions – COA – Feb. 14, 2017

Marterius C. Sanders v. State of Mississippi – confrontation clause – In September of 2014, CI James White arranged to buy $200 worth of crack from Karashawanna Fields.   When White arrived to make the buy, he was sold the drugs by a man later identified as Marterius Sanders.  After the buy, White met with undercover…

Decisions – Miss.S.Ct. – Feb. 9, 2017

Mississippi Department of Corrections v. Benjamin Cook – parole plan – this is another case the Miss.S.Ct. reverses finding the inmate is not entitled to a parole plan because he was sentenced prior to the effective date of HB 585. Mississippi Rural Water Association, Inc. v. Mississippi Public Service Commission,  – utility deposit waiver for domestic…