Decisions – COA – Aug. 29, 2017

Holly S. Morgan v. MML Investors Services, Inc., Massachusetts Mutual Life Insurance Company and Stephen Collins, Individually and d/b/a Collins Financial Network –   apparent authority –  Ralph  Moore was a registered representative of Massachusetts Mutual Life Insurance Company and a unit sales manager for Collins Financial Network.  Holly  Morgan had known Moore for twenty-five years. In…

Oral arg. Miss.S.Ct. – Aug. 29, 2017

At 1:30 the Miss.S.Ct. will hear the death penalty case  of Justin Barrett Blakeney v. State of Mississippi. Blakeney was accused of killing his girlfriend’s two year old daughter. She died of blunt force trauma to the head.  Blakeney was watching her when she collapsed.  He was arrested three months later.   Blakeney raises twelve issues…

Decisions – Miss.S.Ct. – Aug. 24, 2017

Ralph Arnold Smith, Jr. v. The State of Mississippi and The Office of the District Attorney for the Fourth Circuit Court District of Mississippi –  involuntary commitment – The Court issues a per curiam affirmance (no opinion).  Smith was implicated in a conspiracy to kill a Delta lawyer.   In January  2015, the Chancery Court…

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…