Jane Tucker

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Hand down list 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 the State sold the property to Sonador Rei LLC in October 2016.  In November Burns  sued Sonador for trespass and…
Hand down list 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 MSSC which also reverses and remands for a new trial. Jeremy Shane Fogleman  v. State of Mississippi – crime of…
Hand down list 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 the law firm where the law firm. If successful, would receive 40% of the income derived from Robert Johnson’s estate. …
Hand down list 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 from driving.  The COA reversed because the trial court failed to grant an instruction on imperfect self defense.  The state…
Hand down list 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 assets Ellis acquired during the marriage from Tillotson Enterprises Inc.  failed to constitute marital property.  On appeal, Lisa argues the…
Hand down list 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 Jason Case.  Jason Case applied with DHS to be a foster parent. He passed the requisite background checks but he…
Hand down list 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 a hearing, the AJ found that Gates had suffered a 75% loss of wage-earning capacity and awarded Gates $359.02 per…
Hand down list 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, asking the chancery court to find that it had an easement over the Fisher heirs’ property. The chancery court ruled…
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 that given the evidence adduced, this was error. Shoemake’s brief State’s brief Shoemake’s reply brief Watch the argument here
Hand down list 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 and future medical benefits. On appeal the Commission entered an order declining to accept the AJ’s  determination and found that…