Decisions – COA – 5/1/2018

Hand Down list

Angela Wright v. Minact Logistical Services, LLC and Companion Property and Casualty Insurance Company –  workers comp. – Angela Wright was employed by Minact Logistical Services at the Nissan Plant  in Canton.  In July  2012, Wright  was instructed to ride on a crate in the back of a Fed-Ex truck by two supervisors at the Nissan Plant in Canton, Mississippi.  During the ride, Wright was thrown off the crate and injured her back. Over the next 4  four years, she  saw nine doctors.  She mediated her case and in Oct. 2016 she settled. Four months later she wrote to the Commission that  she did not feel as though her lawyer did a good job and that she felt forced to settle by the AJ.  The Commission refused to reopen the case finding that  she had “failed to present any evidence to establish ‘a change in conditions’ or ‘a mistake in determination of fact’ as grounds  for this matter to be reopened.” Wright appealed. The COA affirms.

Cederic Young  v. State of Mississippi –  replacement of juror – Young was convicted of armed robbery, attempted murder, and felon in possession of a firearm after a B-Quick gas station attendant was found shot in the head at a gas station in Starkville in January of 2015. Young was identified from surveillance video. The video had been shown to Young’s mother and sister.  When the officer left the room, they talked to each other about whether the robber was Young and concluded that it was. When they testified at trial that it was not Young, the video of their conversation was played for the jury.  The jurors were given a transcript of the tape to read as the video played.    When the transcript was returned, it had been written on by juror 11. He wrote: “[v]ideo is not as dramatic. Several people spotted him but no witnesses presented. Page 12: That’s him (both). It’s all drama after [page] 8[.] 12, still no proof only someone turning him in. Up to page 11 they were in denial and asked questions.”  The state moved to replace the juror. Over the defendant’s objection, the trial court did so.  On appeal, the COA affirms.

While the juror’s note-taking may not have been intentional misconduct, it did result
in communication from a juror to an attorney. Further, the juror’s notes indicated that he had made up his mind about the case before all evidence had been presented by both sides, and therefore could not be impartial. After review, we find that the judge acted within his discretion in excusing the juror and replacing him with an alternate juror.

C.S.H. v. Lowndes County Department of Human Services –  termination of parental rights – CSH gave birth to  Leo in  July 2007, and Quinn in  June 2008.  In  June  2008, the Lowndes County Youth Court found CSH had “neglected and/or abandoned” eleven-month-old Leo.  CSH entered into an individualized service plan with DHS with the goal of getting Leo back.  She had to  (1) obtain housing and maintain utilities; (2) obtain employment; (3) submit to random drug tests; (4) enroll in a drug-treatment program and attend Alcoholics Anonymous (AA) meetings; and (5) request monthly visits with Leo.  Two months later she was found to have  neglected  three-month-old Quinn and Quinn was placed in DHS custody.   After CHS failed to comply, in May 13, 2011, DHS filed a petition to terminate CSH’s parental rights.  Almost four years later,  the county court conducted a hearing and terminated her rights.  CSH appealed and teh COA affirms.

 Jeremy C. Nowell  v. State of Mississippi –   seizure of drugs incident to traffic arrest – Nowell was convicted of possession of at least two grams but less than ten grams of methamphetamine after meth was found on him during a traffic stop for a seatbelt violation.  Nowell moved to suppress the evidence. At the hearing,  Officer  Gore  testified that as he drove alongside the vehicle, he could see that neither the driver nor the passenger was wearing a seatbelt.  Once he stopped the vehicle, he could see the passenger, Nowell, in a “bowed type” position and he watched him stick what looked like a glass pipe down the front of his pants.  Officer Gore asked Nowell to exit the vehicle whereupon a bag fall from his pants leg.  Another plastic bag was half on Nowell’s seat.  Nowell also moved to suppress the statement he made claiming he was high on meth at the time. The trial court denied the motions. On appeal, the  COA affirms.

Pro Se PCR appeal affirmed: 

Kelly Mann v. State of Mississippi 

 

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