Decisions – COA – 5/14/2019

Hand down list

Jacob Chavis v. Jackson County Sheriff’s Department  – civil service firing – Chavis was a deputy with the  Jackson County Sheriff’s Department when he was fired in October 2015 for violating a policy controlling  when a deputy may make an off-duty arrest.  Chavis was off duty when he ended up in an encounter with another driver in which he claims the other driver suffered from road rage.  He did not arrest her but informed her that other law enforcement officers were on their way and she should leave him alone.  On appeal Chavis argues that the policy, which prohibits off-duty arrests if the officer is involved in the situation giving rise to the arrest did not apply since he did not arrest the other driver.  On appeal, though, the Court “is not to determine issues of fact regarding whether an employee was guilty of the charge or not, but should only determine whether the commission acted in good faith based on the evidence before it.” In this case there was more than a scintilla behind the commission’s finding and the COA affirms.

Vadell Johnson v. State of Mississippi –  claims in amended motion for new trial filed after notice of appeal – Around 1:00 a.m. on July 1, 2010, a shooting occurred at Fermier’s Club in Cleveland, Mississippi. Vadell Johnson was  arrested and charged with the murder of Scottie Tutwiler Jr., the aggravated assault of Damien Story, the aggravated assault of Demonte Cox, and the possession of a firearm by a felon all arising from a shooting in 2010 at a club in Cleveland.  He was convicted of murder, aggravated assault, and possession of a firearm by a felon.   Story testified that he was introduced to Johnson at the club and turned to walk away when he was shot in t he arm. He turned around and saw Johnson with a gin in his hand.  He fell and Johnson stood over him and shot him again. On appeal, Johnson challenges the weight and sufficiency of the evidence. He also claims he was denied a new trial because several jurors knew the victims.  The claim regarding the jurors was contained in an amended motion for new trial which was filed after the notice of appeal was filed.  “Accordingly, the circuit court lacked jurisdiction to consider the claims in Johnson’s amended motion. Because the circuit court did not consider the merits of the amended motion, there is no record before us to review.”

Markus Karl Sanders v. Sumie Sanders –  custody – Marcus and Sumie Sanders consented to an irreconcilable differences divorce and agreed that the chancellor would determine custody of their daughter Kristen.  The chancellor ended up  awarding Sumie physical custody of Kristen and granted Marcus reasonable visitation. Marcus argues on appeal  that the chancellor’s custody decision was based on a flawed Albright analysis. He also argues that the chancellor failed to address his request for declaratory relief related to an alleged risk of international child abduction since Sumie was from Japan.  The COA affirms.

Cearic A. Barnes v. State of Mississippipcr – Charged with  capital murder in August 2002, Barnes  entered a guilty plea in exchange for a reduced charge of murder and was sentenced to life. He thereafter filed two pcr motions.  In the second, which is the subject of the current appeal, he argued that his pcr motion was excepted from procedural bars because of an intervening decision of the Mississippi Supreme Court—Means
v. State, 43 So. 3d 438 (Miss. 2010).  “Barnes argues that Means stands for the proposition that the absence of a record in this case, specifically the transcript of his guilty plea hearing, requires a reversal of the court’s dismissal.”  However, Means involved a sentence of banishment which requires  an on-the-record analysis which the MSSC could not do without a record. Since Barnes was not subject to a banishment order, Means is
not an intervening decision sufficient to overcome the procedural bars.  The COA affirms the trial court denial of Barnes’ pcr motion.

Chasity Anderson v. Darnice Wigginsconversion/summary judgment –  Wiggins’ son was dating Chasity Anderson when he died from leukemia.  Before he died, the son received a personal injury settlement over $350,000. He transferred $305,000 to Chasity.  Wiggins sued Anderson for conversion and moved for summary judgment. Two days   before the hearing, Anderson moved for a continuance because her attorney was so ill he had to suspend his law practice for 30 days.  The trial court denied the request and granted summary judgment to Wiggins.  On appeal Anderson argues that the chancellor lacked subject matter jurisdiction.  The COA finds that because she did not raise it prior to the motion for summary judgment, it is waived. She also claims that it was error to deny a continuance and to grant summary judgment. The COA, in a 5-5 vote, affirms.

Pro se PCR appeal affirmed:

Thomas Taylor v. State of Mississippi

2 thoughts on “Decisions – COA – 5/14/2019

  1. there are no working links to the cases…. A. J. Buddy Dees, Jr. I  Attorney   Ellis, Dees & Sadler, P.C.       901 Belmont StreetVicksburg, MS 39180 phone 601-636-5433  fax 601-638-2938                                                       

Leave a Reply to Jane Tucker Cancel reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s