Oral arg. – COA – Aug. 23, 2017

At 10:00 the Court of Appeals will hear the case of  Jake Bias v State of Mississippi Bias was charged with statutory rape in 2011 after his daughter ended up with gonorrhea and chlamydia and the girl told her godmother that he had hurt her private area. An exam did not show any physical injuries.…

Decisions – Aug. 22, 2017

Belynthia Ross v. State of Mississippi –  scrivener’s errors in indictment – Belynthia Ross was convicted of simple assault of a vulnerable adult. On appeal she argues that the indictment was defective because two headings that originally read “Madison” County were stricken and overwritten with “Rankin,  and it erroneously lists the grand-jury foreman as that of the “Madison”…

Decisions – Miss.S.Ct. – Aug. 18, 2017

Graceland Care Center of New Albany, LLC, Advanced Healthcare Management, Inc., Karen Clayton, in her Official Capacity as Administrator of Graceland Care Center of New Albany, W. Larry Overstreet and Sharon Windham v. Teresa Hamlet, on Behalf of Jimmy Kinard, Deceased – extension of time to serve process – When Hamlet’s brother died, she  filed a…

Decisions – COA – Aug. 15, 2017

Dezjon Daniels  v. State of Mississippi –  expert evidence in child sexual battery cases –  In July  2014, Pamela Ard reported to law enforcement that her 9 or 10 year old son H.A. had been raped or molested by his 19-year-old cousin Dezjon Daniels. Daniels was convicted and sentenced to 35 years. On appeal he…

Oral arg. – Miss. S. Ct. – Aug. 15, 2017

At 10:00 a.m., the Mississippi Supreme Court will hear the case of State of Mississippi v. Willie Russell Russell was sentenced to death for the murder of corrections officer Argentra Cotton.  In 2003 the Mississippi Supreme Court granted him a hearing to determine whether he was too intellectually disabled to be put to death pursuant…

Decision – Miss.S.Ct. – Aug. 10, 2017

Arlin George Hatfield, III v. The Board of Supervisors of Madison County, Mississippi   – zoning –  Hatfield purchased a lot in Deer Haven subdivision in Madison County in  2012 and thereafter  began raising. In 2013 the Homeowners Association sued him for violating the subdivision covenants, In 2015 the county cited Hatfield for raising various…

Decisions – COA- August 8, 2017

Taylor Made Smiles, PLLC v. Franklin Collection Service, Inc. –  mistaken payment  –  Taylor Made hired Franklin Collection Services to collect on an outstanding patient account.   The debtor sent two checks (one for $500 and the other was actually a bank debit for $6,315)  and Franklin sent Taylor Made its portion but later the check was…