William H. Inzer

The case involved Arthur L. Stevenson, who was convicted in Warren County Circuit Court of capital murder under Mississippi law for stabbing and killing Deputy Sheriff A.H. Koerper 27 times while Stevenson was serving as a trusty in the county jail. The Supreme Court of Mississippi reviewed multiple assignments of error, including challenges to the constitutionality of the state's mandatory death penalty statute under Furman v. Georgia, the exclusion of jurors with scruples against capital punishment, and the admission of certain evidence. The court rejected the constitutional and jury-selection arguments, finding that prosecutorial discretion and other systemic features did not violate the Eighth Amendment and that jurors unwilling to follow instructions could be excluded. However, it held that two post-autopsy photographs of the victim lacked probative value, were inflammatory, and should not have been admitted. The court therefore reversed the conviction and remanded for a new trial.

criminal lawprocedure

This case involved the Mississippi State Highway Commission's appeal from a judgment in a special eminent domain court in Marshall County regarding compensation for property taken for highway purposes. The Commission sought to perfect its appeal by providing notice to the court reporter under relevant statutes and later filing a motion for new trial, but the trial court adjourned without extending time for post-trial motions, and initial filings with the circuit clerk were disputed. The Mississippi Supreme Court initially dismissed the appeal as untimely under the 45-day limit of Section 11-51-5, finding the motion for new trial was not properly filed and the notice to the reporter did not alone perfect the appeal. On petition for rehearing, the court reinstated the appeal after determining that a copy of the notice to the court reporter had been filed with the clerk within the required period, satisfying the statutory notice requirements for appeal.

propertyprocedure

This case concerned an appeal from a circuit court judgment in a suit alleging misuse of public funds by officials in the Town of Fayette, Mississippi. The Supreme Court of Mississippi considered a motion to dismiss the appeal on the grounds that it was not filed within the required time after the trial court's term adjourned. The court decided to dismiss the appeal, holding that after the final judgment and denial of the new trial motion during the term, the trial court lost jurisdiction to vacate its orders or consider amendments in vacation, so those actions did not extend the appeal deadline under the applicable statute.

procedure

This case involved a dispute over the timeliness of an appeal from a judgment in a special eminent domain court. The Mississippi State Highway Commission sought to dismiss the First Methodist Church of Biloxi's appeal, arguing it was filed more than 45 days after the final judgment. The court decided to grant the motion and dismiss the appeal. It reasoned that a special court of eminent domain ceases to exist upon entry of final judgment, even if held during a regular court term, preventing later motions for new trial from tolling the appeal deadline, as appeal timing is jurisdictional and cannot be extended by consent or waiver.

propertyprocedure

This case involved a motion by the State of Mississippi to strike the court reporter's notes from the record on appeal in a criminal matter, based on the appellant's failure to provide the required notice to the reporter under Section 9-13-33 of the Mississippi Code. The Supreme Court sustained the motion to strike but overruled prior decisions holding that the notice requirement was jurisdictional, instead characterizing it as a procedural rule that could be waived by the opposing party. The court reasoned that its appellate jurisdiction does not depend on the presence of a transcript and that fairness required appellees to raise such defects promptly rather than after briefing. To implement this, the court amended its rules to require any motion to strike notes for lack of notice to be filed within ten days after the record is filed in the court. The motion was granted, and the State was given additional time to file its brief.

criminal lawprocedure

The case involved Johnny R. Baker's conviction in Warren County Circuit Court for burglary and larceny of a lumber company, based primarily on testimony from a co-indictee who admitted participating in the crime and from a witness who bought some of the stolen merchandise; Baker presented an alibi defense but did not testify. The Mississippi Supreme Court reversed the conviction and remanded for a new trial. The court reasoned that the trial judge improperly sustained an objection to cross-examination of the purchaser witness about any prior convictions, which violated long-standing state law allowing such inquiry to test credibility and unduly restricted the defendant's right to cross-examine, an error that was not harmless given that witness credibility was central to the jury's determination.

criminal lawprocedure