Decisions – COA – Feb. 7, 2017

 

Allen Goul  v. Mississippi Department of Corrections – prison contraband – while an inmate, Goul was charged with having spice, a contraband item. He was given a hearing and found guilty.  He appealed administratively and was still found guilty.  He challenged it in the circuit court and lost. On appeal he claims he was denied his right to call witnesses (the COA finds that he was given the right, he just did not call any) and that the evidence was insufficient. The COA affirms.

Kenny Stewart  v. State of Mississippi – sexual battery/molestation/double jeopardy – Stewart was accused of molesting his girlfriend’s nine year old daughter.  She found him in bed with her daughter when she came home unexpectedly from work.  Stewart was convicted of  sexual battery. He argues on appeal that the indictment was defective and that Count Two should have been dismissed on double jeopardy grounds. The COA agrees that the evidence was insufficient to support a separate act of molestation and reverses and renders on that count.

George Lee Parks  v. State of Mississippi – Desiree Stringer was stabbed and raped  in Biloxi in August, 2014. She told law enforcement that George Parks was her assailant.  Law enforcement found Parks at his home.  There was a large amount of blood on the floor, walls, and mattress.  Blood found on a knife was tested via DNA and ended up being both Parks and Stringer’s blood.  Stringer testified that she and Parks were friends and that she traveled to Biloxi from Bogalusa to stay a few days but on the first night Parks got agitated. When Stringer wanted to leave, Parks beat her and raped her. Parks was found guilty of two counts of  sexual battery, aggravated assault, and  kidnapping. On appeal he argues that he wasn’t personally served with the indictment (the COA finds that he was);  that his arraignment wasn’t within 30 days (he initially waived it and then unwaived it and it was promptly held); speedy trial; failure to appoint new counsel prior to trial, etc. The COA affirms.

Jane Doe v. John Doetermination of parental rights – John and Jane Doe divorced in 2009.  They agreed to joint legal and physical custody of their two year old.  Two years later John petitioned to modify custody because of Jane’s drug use.  Jane was given a deadline to pass two drug tests and obtain employment.  She did not comply.   In 2013, John petitioned to terminate Jane’s parental rights. Despite the fact that at this point she had a job and was in recovery, the court terminated her parental rights.  She appeals and the COA reverses and renders.

The Pennington Group, LLC, Joe Pennington, Helen Pennington, and Pennibunkport Investments, LLC v. PriorityOne Bank  priority of liens – The Pennington Group executed a number of deeds of trust in favor of PriorityOne securing indebtedness to first Ridgeview Homes, then Depco Holdings and then Helen Pennington starting in 2008.  In 2011, Helen Pennington started foreclosure proceedings and completed foreclosure on one deed of trust.  The purchaser at the foreclosure sale was Pennibunkport Investments, a business entity wholly controlled by Helen Pennington. When PriorityOne learned that Helen Pennington was claiming that PriorityOne’s held a subordinate lien position, PriorityOne filed suit.

After a trial, the chancellor held that   PriorityOne maintained a first lien position against the  property and that all of its  Deeds of Trust were in full force and effect.  It did not set aside Helen Pennington’s foreclosure sale to Pennibunkport Investments, LLC.  Instead, it found that Helen Pennington’s two  Deeds of Trust, as well as the foreclosure sale conducted by Helen Pennington,  were all subject to or subordinate to the first priority lien position of PriorityOne, by virtue of all four of PriorityOne’s deeds of trust. The Pennington Defendants appealed. The COA affirms.

Kenneth Moore and Carolyn Moore v. Roy D. McDonald, Donna R. McDonald and Ruth Belton – boundary dispute – After a judgment affirmed on appeal settling a land dispute, the Moore’s violated the judgment and blocked the McDonald’s driveway bu putting up a fence. When the McDonalds’ sued for contempt, the Moores declared bankruptcy to stall the lawsuit.  The McDonalds entered an appearance in the bankruptcy and convinced the court to dismiss the bankruptcy.   In the land case, the court found for the McDonalds and awarded attorneys fees and punitive damages.  The Moores appeal only the court’s awarding the McDonalds their attorneys fees for the work done in the bankruptcy.  The COA affirms.

Pro se PCR appeal affirmed:

Robert J. Dever  v. State of Mississippi

One thought on “Decisions – COA – Feb. 7, 2017

  1. If grabbing a child’s arm were molestation, there wouldn’t be many parents outside prison walls. I’d have to turn myself in, for sure.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s