Brian Burns v. Sonador Rei LLC – standing/tax sale – Burns owned property at 469 Rockdale Drive in Jackson. When he failed to pay his property taxes in 2012, the State of Mississippi acquired the possessory rights to the property. Burns allowed the two year redemption period to expire without payment, and
Decisions – MSSC – 8/29/2019
By Jane Tucker
Curtis Giovanni Flowers v. State of Mississippi – racial bias in jury selection – In On June 21, 2019, the Supreme Court of the United States reversed Flowers’ conviction based on racial bias in jury selection. Flowers v. Mississippi, 139 S. Ct. 2228, 2235 (2019). It remanded the case to the…
Decisions – COA – 8/27/2019
By Jane Tucker
The Estate of Claud L. Johnson, Deceased: Michael Johnson, Executor v. The Kitchens Law Firm, P.A. – contingency fee contract survives death – The Kitchens law firm represented Claud Johnson in his quest to be declared the only heir of famous bluesman Robert Johnson. He entered into a contingency fee arrangement with…
Decisions – MSSC – 8/22/2019
By Jane Tucker
Derrick Nelson v. State of Mississippi – imperfect self defense – Nelson was convicted of murdering his mother’s boyfriend Willie Hood, Jr. after he, Hood, and others had been drinking at a party to celebrate Nelson’s younger brother’s graduation. Nelson stated that they started to argue after Nelson tried to stop Hood…
Decisions – COA – 8/20/2019
By Jane Tucker
Lisa Diann Crew v. Sidney Ellis Tillotson Jr – equitable division of property – A North Carolina court granted Sidney Ellis Tillotson Jr. (Ellis) and Lisa Crew a divorce. Lisa then filed a complaint for equitable distribution in the Warren County Chancery Court. The chancellor determined that certain stock and other…
Decisions – MSSC – 8/15/2019
By Jane Tucker
Mississippi Department of Human Services and Richard Berry, in His Capacity of Executive Director of MDHS v. D.C., by and through his Next Friend and Natural Mother, Georgia Morin – suit against DHS for sexual abuse by foster parent – D.C. sued MDHS after he was sexually abused by his foster parent…
Decisions – COA – 8/13/2019
By Jane Tucker
Itta Bena Plantation III and Benchmark Insurance Company v. Raymond L. Gates – workers compensation – Gates suffered a work-related back injury while employed as a tractor driver for Itta Bena Plantation. Gates’s employer stipulated that the injury was compensable and that his average weekly wage at the time was $718.05. After…
Decisions – MSSC – 8/8/2019
By Jane Tucker
Mississippi Sand Solutions, LLC v. Bessie Otis, et al. – trespass – Mississippi Sand Solutions (M had been hauling gravel and sand off its property via a private road on property belonging to the Fisher heirs. At some point, any agreement between the parties ended, and MSS sued in chancery court,…
Oral arg. – COA – 8/13/2019
By Jane Tucker
At 1:00 the COA will hear the case of Charles Dalton Shoemake v. the State of Mississippi. Shoemake and his friend Nicholas Walker murdered his former drug dealer. This was after Miller outlawed automatic life sentences for juveniles yet the trial court heard all the testimony and sentenced him to life without parole. Shoemake argues…
Decisions – COA – 8/6/2019
By Jane Tucker
Linda Hayes v. Howard Industries, Inc – workers comp. – Linda Hayes sustained a neck injury while working at Howard Industries, Inc. and filed a compensation claim. The AJ Judge entered an order finding Hayes sustained a loss of wage-earning capacity and requiring Howard Industries to pay Hayes permanent partial disability benefits…