Decisions – COA -9/4/2018

Hand down list

Willie D. Triplett v. State of Mississippi –  suppression motion – A pawn shop in Neshoba County reported that a man had just tried to pawn a tiller and the transaction was suspicious. The pawn shop owner had the tag number which law enforcement traced to a couple who told them that there was a man, Willie Triplett,  who sometimes stayed with them and drove their car. Law enforcement got a search warrant for the car and property and found some stereo equipment in the car.  A few days later, a local church reported that it had been burglarized during the week and stereo equipment was missing.   Triplett was taken into custody and he admitted to having stolen the equipment. On appeal,  Triplett argued that the confession was the fruit of an illegal arrest.  The COA denies relief on the grounds that while Triplett moved to suppress at trial, he failed to do so on the grounds of an illegal arrest.

Mathes Electric Supply Co., Inc. v. Can’t Be Beat Fence Company, LLC and International Fidelity Insurance Company –  surety bond – In 2009, Can’t Be Beat Fence Company LLC  entered into a contract with the City of Bay St. Louis, Mississippi, for the construction of the Bay St. Louis Commagere Ballfield.    CBBand International Fidelity Insurance Company  executed a labor-and-material payment bond. CBB entered into a subcontract with Greg Williams Electric Co. Inc.  for electrical work.  Williams purchased material from  Mathes Electric Supply Co. Inc.  Although CBBF paid Williams, Williams stiffed Mathes. Mathes  sought payment pursuant to the bond and it was denied. Mathes then sued but the trial court dismissed finding that Mathes failed to prove it had provided proper notice pursuant to MCA Sect.  31-5-51. The COA reverses finding that there was a material question of fact whether Mathes provided the correct notice.

Jarvis Brown v. State of Mississippiaggravated assault  –  In October 2013,  Daniell Hampton was driving home when gunshots shattered his back window.  He later identified Brown from a lineup as the person who did the shooting.  Brown presented an alibi defense but was convicted. On appeal he argues that the evidence was insufficient. The COA affirms.

Mississippi Division of Sons of Confederate Veterans v. University of Mississippi –  confederate statues/mandamus –  In September of 2014 SCV filed for an injunction against UM in chancery requesting to stop  UM’s plans  to move, rename, or recontexualize confederate monuments, street names, and building names on its Oxford, Mississippi, campus.  The chancellor found that the petition asked for mandamus relief and transferred it to circuit court. That court dismissed it on the grounds that SCV had no standing to bring a mandamus action.  On appeal, the COA affirms. “UM asserts, and this Court agrees, that SCV had no interest separate from or in excess of that of the general public. This matter affects the public interest and may be brought, if at all, only by the Attorney General or a district attorney. We find that SCV’s members have no private
right that entitles them to require that UM refrain from implementing its diversity plan.”

Barry D. Ware  v. State of Mississippiineffective assistance/guilty plea – Ware was charged with first degree murder in Attala County in 2012. He pleaded guilty in 2013. He later filed a pcr motion alleging that his plea was involuntary  because his trial counsel erroneously advised him that he would be eligible for both parole and trusty earned time if he pleaded guilty to second degree murder. Ware also claims that his attorney told him, erroneously,  that if he had gone to trial and been convicted of first degree murder, he would have to serve life without parole with no legal or procedural avenue to obtain any type of release at any time. The COA affirms finding that a valid plea does not require the defendant be apprised of parole eligibility.

Greg Massey, as Personal Representative and for and on Behalf of the Estate and Wrongful Death Beneficiaries of Carol Massey, Deceased v. Oasis Health & Rehab of Yazoo City, LLC d/b/a Oasis Health & Rehab of Yazoo City and Coretta Carter –  arbitration agreement/Rule 59 and appeal  – Carol Massey was admitted to Oasis in March 2014. Both she and her husband  signed an admission agreement and a separate arbitration agreement. Mrs. Massey died on August 31, 2014.  Her husband sued and the nursing home moved to arbitrate, a motion granted by the trial court. Massey appealed. The COA affirms.  It also notes that Massey filed a Rule 59 motion for reconsideration eleven days after the order compelling arbitration was entered and, thus, normally, the notice of appeal from the denial of the motion would have been out of time.  But since the other side failed to object to the timeliness of the Rule 59 motion,  the COA did not dismiss the appeal.

Pro se PCR appeals affirmed:

Douglas Lee Tomlin  v. State of Mississippi

Samuel Terrail Young Jr. v. State of Mississippi

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