Decisions – COA – 3/5/2019

Hand down

Mary G. Montgomery v. Glen W. Montgomery lack of final appealable order – Glen Montgomery filed for a divorce from his wife in July of 2016.  Mary filed a pro se answer.  After a trial, the judge entered  a “Final Judgment on Divorce” granting Glen a divorce on the grounds of habitual cruel and inhuman treatment.  The court reserved ruling on the matter of division of the property for later.  Before the court could rule on the division of property, Mary filed a “Motion to Appeal Judgment.”  The COA dismisses the appeal for lack of a final judgment.   “A judgment granting a fault-based divorce is a non-final order if issues attendant to the fault-based divorce, such as property division, remain before the lower court.”

Joanie Tiachella Calloway v. State of Mississippi –  accessory to attempted capital murder/hindering prosecution  – At approximately 7:30 p.m. on May 9, 2015, Hattiesburg Police Department Officer Benjamin Deen stopped Calloway’s vehicle during a routine traffic stop on May 9, 2015.  She had three passengers in the car:  her boyfriend, Marvin Banks, her friend, “Loco,” and her son. Deen determined that Calloway’s license was suspended and ordered Calloway and Banks, who was in the front passenger seat, to exit the car. Instead Banks picked up a pistol got out of the car  and shot Officer Deen.  Calloway, who had exited the vehicle, jumped back into the car and yelled at Marvin to get back in.  He did not do so.  As Calloway drove off Loco jumped out of the vehicle. Calloway stopped when she encountered a parade barricade. Calloway was convicted of attempted accessory after the fact of capital murder hindering the prosecution in the first degree.  Calloway attempted to claim that she had just been giving a ride to two people she did not klnow when the shootting occurred.  There was evidence, though, that she had been in a relationship with Banks for six months and she told police when questioned that the man in the front seat had pull a gun from his waistband and stated “we ain’t going to jail” and that he was “going to kill the motherfuckers”.  On appeal, Calloway argues that the evidence was insufficient.  The COA affirms holding that there was evidence that Calloway gave false information to the police to conceal Banks’ identity and that Calloway heard Banks say he was going to shoot the officer and after he did, she called to him to get back in the vehicle in order to escape.

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