Decisions – MSSC – 6/28/2018

Hand down list In the Estate of Patrauna Hudson: Fanny Hudson, Individually and on Behalf of the Estate of Patrauna Hudson v. Yazoo City, Mississippi –  Tort Claims Act – After a heavy rain in April of 2016, nine year old Patrauna Hudson drowned in a drainage ditch behind her back yard when it  overflowed.  Her…

Decisions – COA – 6/26/2018

Hand down list Michael Bernard Moore  v. State of Mississippi –  post-conviction – In 2011, Michael Bernard Moore pled guilty to statutory rape. In 2016 he filed a  motion for post-conviction relief  arguing that his indictment was invalid,  lack of subject matter jurisdiction, ineffective assistance of counsel, and double jeopardy. The  trial court dismissed it without a hearing…

Oral arg. – MSSC – 6/27/2018

At 10:30 the MSSC will hear the case of Fresenius Medical Care Holdings, Inc. v. Jim Hood and the State of Mississippi.  This is actually two interlocutory appeals out of the same litigation. The State of Mississippi sued Fresenius which manufactures products used in hemodialysis treatments for patients suffering from end-stage renal disease alleging that the  Fresenius product Granuflo…

Supremes rule warrant needed for phone location info

Today the U.S.S.C. ruled in Carpenter v. United States that law enforcement accessing data to track cell phone locations must first get a search warrant. Timothy Carpenter was a suspect in a series of robberies of Radio Shack and T-Mobile stores in Detroit.  Law enforcement got court orders under the Stored Communications Act to obtain his cell…

Decisions – MSSC – 6/21/2018

Hand down list  B&B Management Company, LLC and Terrance Magee, Individually v. Y.X., A Minor By and Through Her Mother and Next Friend, He Shao –  venue/fraudulent joinder – Y.X.  alleged she was  injured on a treadmill in the fitness room of an apartment complex located in Madison County. She filed suit against B&B in Madison County but…

Oral arg. – COA – 6/20/2018

At 10:00 the COA will hear the case of Theopolis Harper on behalf of the wrongful death beneficiaries of Laura Tine Harper v. Hudspeth Regional Center and the Mississippi Department of Health.  Laura Tine Harper was a patient at the Hudspeth Regional Center from 1980 until her death in 2008.  She suffered from psychotic disorder,…

Decisions – COA – 6/19/2018

Hand down list Ramona Baker v. Nakia Baker –  division of marital assets –  Ramona and Nakia agreed to an irreconcilable differences divorce in 2016.  The chancellor awarded Ramona marital assets worth  $110,600 and Nakia assets worth $10,660.  Ramona appeals the divosion of marital assets and the denial of her request for periodic alimony. The COA…