Decisions – COA – Oct. 31, 2017

Artea Chilton v. State of Mississippi –  instruction on deadly weapon – Artea Chilton was convicted of  armed robbery and sentenced him to 25 years with 20 to serve.   One day he picked up his girlfriend and went to a dealership and checked out a Dodge Charger that was for sale for $55,000.  He then headed to a bank and told the manager he needed money to buy a car. She asked if he wanted a loan.  He responded that he wanted all of the money, and that he was robbing the bank.  The manager directed a teller to give over  the bag of bait money.   On appeal Chilton argues that the indictment was defective because it failed to include the language with “the exhibition of a deadly weapon.”  The COA finds no error because the indictment cited the correct statute and also stated that he was armed with a gun. He also argues that it was error to instruct the jury “that when a defendant makes an overt act and a reasonable person would believe that a deadly weapon is present, there is no requirement that a victim must actually see the deadly weapon.”  Here “Chilton patted his pants leg to signal that he had a gun. Furthermore, Chilton informed Gibbs that he had a gun in his pants.”  Under these circumstances, it was not error to give the instruction.  He claims that instruction S-1  failed to instruct the jury on essential elements of the crime of armed robbery: namely (1) the “exhibition” of a deadly weapon and (2) felonious intent.   He also argues weight and sufficiency of the evidence.  The COA affirms.

Lowe’s Home Centers, LLC v. Edwin Scottworkers comp./causation – Scott injured his lower back while unloading a heavy appliance while working at Lowe’s.  The treatment was a series of epidural steroid injections.  The day after the second one, he was found to have an epidural abscess with a resistant staph infection that required several surgeries to repair.  Lowe’s insisted that the staph infection was not work related. Scott was diabetic and had had two previous staph infections.  The Commission found it a compensable work related injury.   On appeal the COA affirms.

State of Mississippi v. Charles Montgomery, Jr. –  parole –  Montgomery was convicted of  capital murder in 1982 and two counts of forgery a year later.  His  initial
parole-eligibility date was in March of  1998.  In March of 2016 the Parole Board denied Montgomery parole and set off Montgomery’s next parole-eligibility hearing for four years.  Montgomery thereafter filed a  motion insisting he was entitled to parole consideration yearly.  The circuit court treating Montgomery’s pleading as a PCR motion and entered an order granting Montgomery’s request for relief.  The state appeals and the COA  holds that “the circuit court lacked jurisdiction to grant Montgomery’s
PCR motion. We therefore reverse the judgment and render a judgment of dismissal without prejudice.”

Jaime C. Parrish v. Paul R. Parrish –  division of marital estate – Paul and Jaime were married in 2007 and separated seven years later.  They agreed on an id divorce.  On appeal Jaime argues that it was error for the chancellor to  classify the marital home as Paul’s partially,  classify Paul’s retirement account as separate property,  and to not ward alimony to Jaime. The COA  affirms.

 

 

 

Grace Ann McCarty v. State of Mississippiwitness “coaching” – MCarty killed her husband Joel by backing his car over him in their driveway.  She claimed it was an accident.  The state indicted her for depraved heart murder.  A jury found her guilty of manslaughter.  On appeal she argues weight and sufficiency. She also argues that the trial court should have granted a mistrial because her husband’s cousin David was coaching Joel’s son Jay as he testified.  After both sides rested,  MCarty presented testimony from witnesses who said that David was  nodding his head in an “exaggerated” manner during Jay’s testimony.   David and Jay both denied that any “coaching” occurred and David testified that he was simply reacting to Jay’s testimony. The COA affirms.

Timothy Scott Beasley  v. State of Mississippistalking – Beasley was convicted of burglary of a dwelling, aggravated stalking, and aggravated assault – all involving his ex girlfriend.  On appeal he argues weight and sufficiency of the evidence. Beasley filed a pro se brief alleging ineffective assistance of trial counsel.  The COA affirms.

Sanders Hopkins, Sr., Deceased, by and through Sanders Hopkins, Jr., as Representative of the Estate of Sanders Hopkins, Sr., and the Wrongful Death Beneficiaries of Sanders Hopkins, Sr. v. CLC of Biloxi, LLC d/b/a Biloxi Community Living Center statute of limitations – Sanders Hopkins Sr.  was a dialysis patient who received dialysis
treatments at Fresenius Medical Care’s South Mississippi Kidney Center  in Biloxi.  He was  transported there Mobile One Non-Emergency Transport Service LLC. In December of 2013 while a passenger of Mobile One, Hopkins fell over in his wheelchair and hit his head.  CLC was thought to have  supplied the wheelchair.  That same day Hopkins hit his head.  He was taken to  Biloxi Regional Hospital and diagnosed with a subdural hematoma and died.  The estate filed suit against Mobile One and Fresenius on March 31, 2015.  Eleven months later the estate filed an amended complaint to add CLC to the lawsuit.   The estate sent a pre-suit notice to CLC on December 17, 2015—two years and five days after Hopkins’s death, and  filed his second amended complaint on February 22, 2016.  CLC filed a motion to dismiss, asserting that the pre-suit notice did not toll the statute of limitations, and that  the  claims against CLC were time-barred. The
court granted CLC’s motion.  The estate appealed.  The COA affirms.

 

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