Jane's Law Blog

Chronicling the Mississippi Supreme Court and Court of Appeal

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Hand down list Montalto v. State – pcr – In 2008  Montalto pleaded guilty to aggravated assault and kidnapping charges.  The kidnapping offense involved a young child, so he was also ordered to register as a sex offender.  Montalto filed a pcr in the trial court complaining that he wasn’t given earned release time. The circuit court dismissed it finding that Montalto had to first ask permission of the MSSC. The COA reverses because persons…
At 1:30 the MSSC will hear the case of Ray Virgil, Barbara Lloyd, and Cassandra Johnson v. Mississippi Electric Power Association Virgil et al filed a lawsuit against Southwest Mississippi Electric Power Association in December 2017, seeking the return of excess profits pursuant to M.C.A. § 77-5-235. MEPA moved to arbitrate which the trial court granted. The plaintiffs appealed arguing that MEPA is the sole provider of electricity and the plaintiffs had no choice when…
Hand down list Sonya Chaffee on Behalf of Fredrick C. Latham, a Minor v. Jackson Public School District, Lonnie J. Edwards and Jackson Public School Board of Trustees – tort claims act –    Frederick Latham was  a student in Tracy Scott’s first grade class at Woodville Heights Elementary School.  Scott was getting the students ready or lunch when two of them got out of line and ran to the back of the classroom to…
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…
At 1:30, the COA will hear the case of  Kenneth Bailey and Elizabeth Lee Shutze, as Wrongful Death Beneficiaries of Bertha Elizabeth Bailey, Deceased v. City of Pearl, Mississippi. In September of 2017, Kenneth  and  Bertha were leaving their  grandson’s baseball game at the Pearl youthpark when a swinging gate  “speared” the cab of their vehicle. Both were injured but Bertha severely so – her skull was fractured.  She died 11 days later.  They sued…
Hand down list The Mississippi Bar v. Merry Caitlin Johnson – lawyer discipline – Johnson took the Bar Exam in July 2016. She was working as a paralegal for Stephen L. McDavid’s law firm while awaiting her results.  McDavid asked Johnson to review a local rule of court referenced in an order issued by Magistrate Jane Virden.  Johnson misinterpreted the rule and McDavid relied on the incorrect interpretation. When Johnson  realized she had wrongly interpreted…
At 1:30 the COA will hear the case of James McClung, Armond Jones,  Sedrick Buchanon  v. State of Mississippi (assuming the City doesn’t wash away before then). A tan colored SUV drove along side of a red Pontiac during the late hours of August 15, 2015. The red car was occupied by D’Alandis Love, Kelsey Jennings, Ken-Norris Stigler, and Perez Love. Multiple shots were fired from the SUV as it drove by killing “D’Alandis Love…
Hand down list Michael Henderson v. State of Mississippi – contraband in prison –  Henderson was convicted of possession of contraband, a  homemade knife, while confined in a correctional facility. He was sentenced as a non-violent habitual offender to serve fifteen years.  Appointed counsel could identify no issues and filed a Lindsey brief  pursuant to Lindsey v. State, 939 So. 2d 743 (Miss. 2005). The COA affirms. Shanna Blakley Hayes v. Jeremy Hayes – custody…
Hand down list Andre Antonio Fairley v. State of Mississippi –  404(b), etc. – Andre Fairley was convicted  for one count of possessing two or more grams, but less than ten grams of cocaine with intent to distribute, and one count of possessing more than thirty grams, but less than one kilogram, of synthetic cannabinoid, with intent to distribute. He was arrested after a traffic stop when he ran a stop sign.  An officer asked…
Hand down list Christopher Grace v. State of Mississippi – armed robbery –  Grace was convicted of two counts of armed robbery and one count of felony fleeing or eluding a law enforcement officer in a motor vehicle after he and his uncle robbed  the Citizens Bank of Philadelphia in Scooba, Mississippi.  Grace even gave a confession.  He nonetheless appealed raising only weight and sufficiency of the evidence. The COA affirms. Milton Grant v. State