Oral arg. – COA – 7/18/2018

At 11:00 the COA will hear the case of John Tate Campbell v. Harrison County Board of Supervisors, et al. Campbell was walking on the beach near the corner of Courthouse Rd and Beach Boulevard when he fell 8 to 10 feet into an open culvert.  He broke his leg and it became infected. He…

Decisions – COA – 7/17/2018

Hand down list  In the Matter of the Estate of Roselle Turner Rogers, Deceased: Frederick M. Rogers, Jr. v. Walter T. Rogers, Executor, Walter T. Rogers, Individually, and William T. Rogers – will contest –  After their mother Roselle Rogers  died in January of 2013, Frederick Rogers moved to set aside her will claiming that…

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…