Decisions – Miss.S.Ct. – April 27, 2017

Christopher Scott Routh v. State of Mississippi – contempt –  Routh is a public defender in Hinds County.  He represented a woman charged with capital murder who had been out on house arrest prior to being indicted.  At her arraignment, Routh argued unsuccessfully to allow her to remain out on bond.  One reason was that she…

Decisions – COA – April 25, 2017

Earl Ross and Maxcine Ross v. Shellie R. Stewart – counterclaim in replevin –  Shellie R. Stewart leased a mobile home to the Ross’s.  At some point the Rosses contend they entered into an oral agreement with Stewart to purchase the mobile home for $42,000 payable in monthly installments of $600 per month, without interest, provided…

5th Cir. certifies question to Miss.S.Ct.

On April 6, 2017, the 5th Circuit certified a question to the Miss.S.Ct. involving the ability of  a trustee of a state governmental entity to sue employees of that entity.  Lefoldt v. Rentfro, 2017 WL 1279258 (5th Cir. 2017). The Natchez Regional Medical Center filed for bankruptcy in 2014.  The Trustee sued the former directors and…

Oral arg. – Miss.S.Ct. – April 25, 2017

At 1:30 the Court will hear Wallace Construction Co., Inc. Thomas Wallace and Janette Wallace v. McArthur, Thames, Slay & Mews, PLLC involving accounting malpractice. Thomas Wallace owned Wallace Construction.  In 2007 he retired and let his employees run the company.  According to Wallace, between 2007 and 2011, top employees charged  $3.7 million of personal expenses…

Decisions – Miss.S.Ct. – April 20, 2017

Kenderrick Phillips v. State of Mississippi – per curiam affirmance Brandon Smith and Kimberly Wolfe Smith v. Milton Martin and Geneva Martin – visitation for grandparents –  After the parents divorced, the father committed suicide. The mother remarried and her new husband adopted her two sons.  They allowed the paternal grandparents visitation but stopped it after it…

MS achieves worst bar exam results

Above the Law is reporting that Mississippi had a 36% pass rate on the most recent bar exam making it the worst of the states (although S.C.’s results aren’t in yet which you would know if you watch Southern Charm where Craig Conover took the bar three years after graduating – a very risky move).…

Decisions – COA – April 18, 2017

Averald D. Burnett, Jr. v. State of Mississippi –  character evidence/various – Burnett had been a  police officer in Lamar County.  When his stepdaughter accused him of rape, Burnett was housed in the Pearl River County jail.   While there he allegedly offered a fellow inmate,  Russell Steele, to bail him out and pay him if…