Decisions – MSSC – 4/5/18

Charles Naylor v. State of Mississippi –  sufficiency of the evidence for auto burglary – Jerry McGill is an auto mechanic. He was responding to a call of a broken down vehicle when he spotted a Volvo  with an open door outside his friend Bobby Brewer’s  Muffler and Brake Shop. The car belonged to Bobby so Jerry stopped to check it out.  When McGill stopped, a man got out of the Volvo. The man, Naylor, told McGill that the Volvo belonged to him and that he had  dropped it off for repairs. McGill asked him for his information. When Naylor declined, McGill took his photo.  McGill called the police. They found papers strewn about the car and the glovebox open and messed with.  Meanwhile McGill followed Naylor to a McDonalds. Naylor was arrested and charged with auto burglary. After he was convicted, Naylor appealed challenging the sufficiency of the evidence. The MSSC affirms.

Christina Strickland v. Kimberly Jayroe Strickland Day –  custody where child was product of artificial insemination by anonymous donor –  Christina and Kimberley are a same sex couple married in Massachusetts in 2009.  They wanted to start a family and Kimberley got pregnant using an anonymous sperm donor. In 203 they separated and filed for divorce.  The Rankin County Chancery Court held that while  Christina acted in loco parentis to the child, Z.S., she was not Z.S.’s legal parent. The court held that the anonymous sperm donor had parental rights that must be terminated before Christina could be declared Z.S.’s legal parent. Christina appealed. The MSSC reverses and renders in part and reverses and remands in part holding that  “[f]irst, an anonymous sperm donor is not a legal parent whose rights must be terminated. And second, the doctrine of equitable estoppel precludes Kimberly from challenging Christina’s legal parentage of Z.S.”  The remand is for the court to determine custody using the traditional Albright factors.

Philip W. Gaines v. The Mississippi Barreinstatement to bar –  Gaines was admitted to the Mississippi Bar in 1986 and primarily practiced in the area of insurance-defense law. He was suspended for three years effective January 22, 2013, for embezzlement. When  he applied for reinstatement, the MSSC appointed a special master to conduct an evidentiary hearing.  The special mater did so and recommended reinstatement. The MSSC agrees and orders him reinstated.

 

 

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