White v. State
Mississippi Supreme Court · 1988-08-03 · cited 272×
The case involved Willie Lee White, who was indicted for capital murder as an habitual offender after a robbery at Poo-Nannie's Cafe in Grenada County, Mississippi, during which Annie Dale Lewis was shot and later died. White was convicted by a jury on the guilt phase and sentenced to death after the jury found that aggravating circumstances outweighed mitigating ones. The Mississippi Supreme Court affirmed the conviction and death sentence, holding that the evidence, including identifications and items recovered during arrest, was sufficient to support guilt under the state's felony murder statute without requiring proof of intent to kill, and that sentencing procedures complied with applicable standards.
criminal lawprocedure
Comfort Engineering Co., Inc. v. Kinsey
Mississippi Supreme Court · 1988-04-13 · cited 3×
This case concerned the rights of parties under the Uniform Commercial Code after a company endorsed a promissory note and a bank later assigned its rights following payment. Comfort Engineering endorsed a note for Fashions by Wisz, Inc., while Hollis Kinsey provided a personal guaranty; after Wisz defaulted, Comfort paid the bank and received an assignment of rights, then obtained a judgment against Kinsey as guarantor. Kinsey later sued Comfort, arguing he was entitled to contribution as a co-surety rather than full liability. The Mississippi Supreme Court reversed the trial court's summary judgment for Kinsey, holding that Comfort, as holder after assignment, could enforce the guaranty against Kinsey under Miss. Code Ann. § 75-3-416(1) and that Kinsey had waived any contribution defense by failing to raise it in the prior action. The core reasoning rested on the distinction between an accommodation endorser who becomes a holder and a guarantor bound to pay without resort to other parties, combined with principles of claim preclusion.
business & regulatoryprocedure
Cabello v. State
Mississippi Supreme Court · 1988-04-06 · cited 175×
This case involved Frank Cabello, Sr.'s motion for post-conviction relief under Mississippi law after his conviction and death sentence for the 1982 murder and robbery of Vernon Gurley were affirmed on direct appeal. The Mississippi Supreme Court denied the motion, which raised over twenty-five claims including ineffective assistance of counsel during the guilt phase, conflicts of interest, and various constitutional errors. The court reasoned that many issues were waived for failure to raise them at trial or on direct appeal, that res judicata barred relitigation of previously decided matters, and that the ineffective assistance claims failed to satisfy the two-prong Strickland test requiring deficient performance and resulting prejudice. It emphasized that post-conviction review is limited and not a substitute for direct appeal.
criminal lawprocedure
Hood v. State
Mississippi Supreme Court · 1988-03-16 · cited 19×
The case involved Ed Hood, a Copiah County supervisor, and several others who were convicted of conspiracy to commit voter fraud by the illegal use of absentee ballots in a Democratic primary election. The Mississippi Supreme Court reversed the convictions, ruling that the indictment must be quashed because the grand jury was subjected to improper outside influences, including testimony from private attorneys representing a losing candidate in related federal litigation and their presentation of a federal district court opinion criticizing the election. The court held that the grand jury room must remain closed to all unauthorized persons to protect the integrity of the process, relying on longstanding precedent against any external presence during deliberations. The opinion also addressed the separate error of a grand juror later serving on the petit jury but found the grand jury issue dispositive.
criminal lawelectionsprocedure
Brashier v. Toney
Mississippi Supreme Court · 1987-09-16 · cited 3×
This case concerned the interpretation of a mineral reservation clause in a 1940 warranty deed conveying land in Mississippi. The plaintiffs, heirs of the grantors, sought a declaratory judgment that they owned an additional one-half mineral interest that had been reserved by the Federal Land Bank but later reverted, while the defendants, heirs of the grantee, claimed it. The Mississippi Supreme Court affirmed the chancellor's ruling in favor of the defendants, holding that the deed's language and the parties' long-standing conduct indicated the grantors had only reserved three-eighths of the minerals, with the reversion going to the grantee to fulfill the warranty of title.
property
Monroe v. State
Mississippi Supreme Court · 1987-09-09 · cited 60×
The case involved Edgar Monroe's conviction in Hinds County Circuit Court for robbery as a lesser-included offense of armed robbery, along with his sentencing as a recidivist under Mississippi law to 15 years without parole. Monroe appealed, arguing that the trial court should have instructed the jury on assault as a lesser-included offense, that the prosecution's cross-examination of his accomplice improperly commented on his right to remain silent, and that the evidence of his prior convictions was insufficient or improperly admitted at the sentencing hearing. The Mississippi Supreme Court affirmed the conviction and sentence, holding that assault was not a proper lesser-included offense in this context, that the cross-examination did not implicate Monroe's constitutional rights, and that the prior conviction records were adequately authenticated by certification and seal under established evidentiary standards. The court rejected all assigned errors after reviewing the trial record and applicable Mississippi evidence rules.
criminal lawprocedure