Decisions – MSSC – 2/21/2019

Hand down list 

Jayvious Johnson v. State of Mississippicross examining juvenile witness regarding juvenile record –  Jayvious Johnson was convicted of two counts of capital murder with firearm enhancement, one count of kidnapping with firearm enhancement, and one count of conspiracy.  Six guys were visiting Taviros Marshall at his grandmother’s house on November 12, 2013,  when Tavoris and Kevion
Gorman were shot and killed.  Four of the other  guys including  Johnson  were indicted in their deaths.  Apparently  Marshall was a drug dealer and the shootings occurred to facilitate stealing money from him. A 14-year-old who had been visiting at the time to play video games testified at trial as did one of the codefendants. On appeal Johnson argues that the verdicts were against the weight of the evidence and that it was error to exclude photos taken from social media of the 14-year-old witness holding guns as well as to prevent cross-examining him with regard to his juvenile record.  The MSSC affirms.

Marsha R. Hinton and Thomas F. Hinton v. Pekin Insurance Company –   tree stand accident/insurance coverage – The Hintons sued the manufacturer of a tree stand and its insurer after their son fell from one and died.  They obtained a default judgment against the manufacturer C&S. The Hintons then sought partial summary judgment against the insurer arguing that it had waived any right to deny coverage because it had  (1) failed to provide a defense to C&S, (2) failed to obtain a judicial determination that it did not owe C&S a defense and (3) failed to protect C&S from a default judgment. The trial court granted summary judgment against the Hintons.  The insurer moved for summary judgment on the grounds that the policy of insurance  had an exclusion for “deer/tree stands.”  The trial court denied partial summary judgment for the Hintons and granted it for the insurer.  The MSSC affirms.

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