Decisions – MSSC – 5/31/18

  Central Insurers of Grenada, Inc. v. William Greenwood d/b/a Antique Wood Company of Mississippi –  service of process  on domestic insurance company- William Greenwood, the owner of Antique Wood of Mississippi, filed suit against Central and three other defendants for breach of contract, etc., based on Central’s failure to provide coverage under a commercial…

Oral arg. – COA – 5/30/18

At 10:00 the COA will hear the case of John Girani v. John Taylor Lovern. The parties are next door neighbors in a Florence subdivision.   Previous owners of the properties had built a boat ramp between the properties to a lake.  Everyone paid a share of the costs to build the boat ramp retaining walls in…

Decisions – COA – 5/29/18

John H. Magee  v. State of Mississippi –   evidence in drug sale of money that would indicate other drug sales –  Magee was convicted of the illegal transfer of a controlled substance.  Gulfport police had information that Magee was involved in drugs.  They set up a controlled buy and an undercover officer purchased three oxymorphone and…

Decisions – MSSC – 5/24/2018

Hand down list  Mississippi Department of Public Safety and Albert Santa Cruz, in his Official Capacity as Commissioner of the Mississippi Department of Public Safety v. Stacy Smith, Greg Nester, and Kristopher Wingert –  civil service – Smith, Nester and Wingert were  permanent state civil-service employees working at the Crime Lab.  In 2005 MDPS told them they…

tort claims – Brantley abandoned

Today (5/24/28)the Mississippi Supreme Court handed down an important decision in  Wilcher v. Lincoln County Board of Supervisors and the City of Brookhaven.  Wilcher hit a hole in the roadway on a bridge that was being repaired by the City and County. There were no warning signs.   The trial court granted the defendants’ motion to dismiss  holding…

Oral arg. – COA – 5/23/2018

At 10:00 the COA will hear the case of Julie Dauenhauer v. Steven Dauenhauer.   Steven and Julie married twice. The first time was for 20 years and they had two sons. Two years after their 2001 divorce, they remarried.  During the second marriage, she became a nurse practitioner while Steven, because of his religious beliefs,…

Decisions – COA – 5/22/2018

Hand down list  Daylon Waldrop  v. State of Mississippi –  failure to instruct on underlying felony –  Daylon Waldrop was convicted of capital murder with the underlying felony of armed robbery.  On appeal, he argues that it was error to fail the instruct the jury on the elemetns of armed robbery. The COA agrees and reverses and…