Jane's Law Blog

Chronicling the Mississippi Supreme Court and Court of Appeal

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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…
At 10:00 the COA will hear the case of Jeremy Dean Martin v. State of Mississippi. In March of 2000, seventeen-year-old Jeremy Dean Martin along with two others killed Martin’s abusive father. Martin was found guilty and sentenced to life without parole. He was eventually granted a new sentencing hearing. After that hearing, the court again sentenced him to life without parole. On appeal he raises nine issues including the claim that a jury should…
At 10:00 the MSSC will hear the case of Gulfport OB-GYN, P.A. v. Dukes, Dukes, Keating & Faneca, P.A. and Je’Nell B. Blum , a legal malpractice case. In 2008 Gulfport OB-GYN hired the law firm of DDKF to draft an employment agreement for Dr. Donielle Daigle. In 2013, Dr. Daigle quit and started a competing clinic in Gulfport. Dr. Daigle sued Gulfport OB seeking a declaratory judgement that the covenant-not-to-compete was unenforceable and monetary…
Hand down list Chevelle McAlister v. State of Mississippi – ineffective assistance of counsel – Chevelle McAlister was convicted of the murder of his brother’s girlfriend  Johnna Norris and of possession of a firearm as a convicted felon.  He shot her for no apparent reason after  he, his brother, and Morris were doing methamphetamine.  On appeal he argues that his attorney was ineffective in failing to ask to sever the two indictments or, alternatively, to…
Hand down list Kenneth Bailey and Elizabeth Lee Shutze, as Wrongful Death Beneficiaries of Bertha Elizabeth Bailey, Deceased v. City of Pearl, Mississippi –  tort claims act – 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 the…
Hand down list Edward Lamar Ware v. State of Mississippi – Lindsey brief –  Ware was convicted of possession of a weapon by a convicted felon.  His counsel on appeal filed a brief under Lindsey v. State, 939 So. 2d 743 (Miss. 2005), certifying that she searched the record but was unable to find any arguable issues for appellate review.  Ware was given the opportunity to file a pro se brief, but declined.  The MSSC…
Hand down list Allen John Putney and Linda Louise Putney v. Danny R. Sanford – correction of deed – In November 2012 the Putneys transferred 196 acres to Carl Mann via warranty deed pursuant to a contract and agreement for the sale and purchase of real property.  In June 2015, Mann transferred the same 196 acres to Sanford via warranty deed.   Shortly after purchasing the property from Mann, Sanford became aware of an error in…
At 1:30 the MSSCT will hear the case of Watkins Development, LLC and Farish Street Group, LLC v. Jackson Redevelopment Authority et al. In October of 2013, the Jackson Redevelopment Authority filed suit in the Chancery Court of Hinds County against Farish Street Group, LLC and Watkins Development, LLC for removal of an illegal claim of lien placed by Watkins Dev. upon property owned by the JRA. Farish Street Group was a lessee of the…