Decisions – Miss.S.Ct. – May 4, 2017

 

Fawaz Abdrabbo, M.D. and Hinds Behavioral Health Services v. Audray (Andres) Johnson – medical malpractice –  Audray Johnson filed a pro se suit against the defendants claiming he suffered permanent damage to his kidneys due to lithium treatment he received while under the psychiatric care of Dr. Abdraddo for schizo-affective disorder. He had no expert and filed a motion to go forward based on res ipsa loquitur.  The defendants moved for summary judgment.  Johnson did not file a response but filed an affidavit by Dr. Shobhit Negi.  The defendants argued that the affidavit  did not state that any standard of care had been breached and it failed to show any causal connection between any actions of the defendants and the alleged injury.  Judge Kidd entered an order giving Johnson sixty days to designate a medical expert or his case would be dismissed. Johnson filed the same affidavit and Judge Kidd denied the motion for summary judgment.  The defendants filed an interlocutory appeal which the Mississippi Supreme Court granted and now reverses and renders.

Alvin Brown v. State of Mississippiinstruction on lesser included where no evidence – Brown was convicted of manslaughter and four counts of aggravated assault arising out of an altercation that took place at the Birdland nightclub on Farish Street in Jackson in 2009.  On appeal the COA reversed the aggravated assault convictions and remanded them for a new trial because of a variance between the indictment and the jury instructions.  Brown filed for cert. with regard to the manslaughter conviction.  Brown’s defense was that he was not the shooter.  The evidence showed that Brown and the victim, Albert Coleman, wrestled over a gun.  The witnesses were divided over who had the gun when.  The state asked for an imperfect self defense manslaughter instruction (that the defendant believed that he was in danger but the belief was only subjective and not objective).  Brown objected but the instruction was given anyway.  The Miss.S.Ct reverses because there was no evidence to support the giving of an imperfect self defense instruction.

Because the imperfect self-defense instruction was without foundation in the evidence, we hold that the trial court abused its discretion in giving the instruction as a matter of law. No evidence was presented showing that Brown had an unfounded belief that he was facing imminent great bodily harm. Had evidence shown that Brown was winning the fight with Coleman or he had an opportunity to escape the fight, then an imperfect self-defense instruction might have been warranted.

The Mississippi Bar v. Jack Parsons – disbarment –  The Court grants the Mississippi Bar’s Motion to Accept the Irrevocable Resignation of Jack Parsons.  Parsons is facing two disciplinary actions and has agreed to resign.  The Bar and the Court agree. The complaint tribunal’s opinion sets forth the allegations.

The Court asks the parties to brief whether the case of  William Chad Wigington v. Laura McCalop should remain confidential.  It wasn’t when the case was decided by the Court last year.

And the Court asks the parties, the AG, and the judges to file briefs in Ricky W. Ward v. Dorothy Winston Colom. Apparently the judges in Lowdnes County have disallowed persons from carrying firearms into the court house. Ricky Ward has  a concealed carry permit and has asked for a writ of prohibition whereby the Miss.S.Ct. would find the order void.

The parties are asked to brief  the following issues:

1) What is the authority of judges to exercise control over security issues beyond the four walls of the courtroom itself?

2) Whether the judiciary has the inherent authority to exercise control of security extending beyond the four walls of a courtroom.

3) Whether Mississippi Code Section 97-3 7-7 (2) prohibits judges from controlling courthouse security. Specifically, what is the definition of “courtrooms during a judicial proceeding,” and does that definition either allow or prohibit judges from exercising control of security beyond the four walls of a specific courtroom while court is in session.

4) If Mississippi Code Section 97-37-7(2) does prohibit judges from exercising control over courthouse security, whether it violates the separation of powers doctrine.

One thought on “Decisions – Miss.S.Ct. – May 4, 2017

  1. I for one cannot see what could possibly go wrong from allowing persons to bring guns into courthouses where only good things happen and tranquility prevails.

    Nathan H. Elmore
    Attorney at Law

    [cid:image001.png@01CE61CC.C731B7B0]

    Elmore & Peterson Law Firm, P.A.
    1867 Crane Ridge Drive, Suite 150A
    Jackson, Mississippi 39216
    (o) 601.353.0054
    (f) 601.510.8188
    nelmore@elmorepeterson.com
    http://www.elmorepeterson.com

    This communication may be privileged and confidential and is intended only for the use of the individual or entity named above and others who have been specifically authorized to receive it. If you are not the intended recipient, please be advised that any dissemination, distribution or copying of this communication is prohibited. Please notify the sender by replying to this e-mail or by telephone at (601) 353-0054, and then delete the e-mail and any copies of it.

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