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

This case involved a workers' compensation claim by Myrtle L. Bradford against her employer Struthers Wells-Gulfport, Inc. and its insurer for recurring medical issues stemming from a spider bite sustained at work in December 1968. The employer raised the two-year statute of limitations as a defense after initially paying some early medical bills and assuring the claimant coverage would continue. The Mississippi Supreme Court affirmed the circuit court's reversal of the Workmen's Compensation Commission's dismissal, holding that the limitations period for latent injuries begins when it becomes reasonably apparent that a compensable injury and disability have been sustained. The court reasoned that although the bite itself was known shortly after the incident, the claimant could not reasonably discover the nature, seriousness, or compensable character of her condition until later, and her 1971 filing fell within the required period from that point.

labor & employmentprocedure

This case concerned a dispute over title to a small urban lot in Jackson, Mississippi, originally part of land ceded to the state for its seat of government. The lot had been leased for 99 years in the 19th century, and in 1919 the state Land Commissioner issued a patent conveying the fee simple interest for nominal consideration. The Hutton family sued under a 1970 statute to quiet and confirm their title, which the chancery court granted. The Mississippi Supreme Court reversed and rendered judgment for the state, holding that the 1919 patent was void because the Land Commissioner lacked statutory authority to convey subdivided urban lots, as established by prior precedent interpreting the relevant land-sale statutes.

property

Carrie Minor sued Engineering Service Co. for personal injuries after she tripped on a metal tape or chain that the company's employees had stretched across the front porch of her mother's home while conducting a survey for an oil well site. The trial court directed a verdict for the defendant and dismissed the case. On appeal, the Mississippi Supreme Court reversed and remanded, holding that the company's admissions in its answer—that its employees had placed the tape—combined with the plaintiff's evidence, created a jury issue on negligence. The court further reasoned that Minor was an invitee on the leased premises and the company, as a non-occupying entrant exercising mineral rights, owed her a duty of reasonable care rather than the lesser duty owed to a licensee.

torts & liabilityproperty

In Reid v. State, Daymon Reid was indicted for murder after shooting and killing Eugene Wolf in a trailer in Scott County, Mississippi, but was convicted of manslaughter and sentenced to twenty years in prison. Reid appealed, arguing self-defense based on prior threats by Wolf, an alleged assault on Reid's wife the day of the shooting, and Wolf's alleged movement suggesting he was reaching for a weapon. The Mississippi Supreme Court affirmed the conviction, holding that even under Reid's own account the evidence showed he had provoked the confrontation by approaching Wolf with a concealed gun and issuing a challenge, which negated any valid self-defense claim. The court further found that the jury instructions on self-defense were adequate when read together, that photographs of the victim were properly admitted, and that the manslaughter verdict was supported by the evidence.

criminal law

Sylvester Younger was convicted in the Circuit Court of Scott County for using obscene language over the telephone in violation of Mississippi Code Section 97-29-45 and sentenced to two years in prison. The Mississippi Supreme Court affirmed the conviction. The court found that Younger's confession was properly admitted because it was voluntary and made after he received and understood his Miranda rights. The court also determined that while some testimony about prior calls was improperly admitted, the error was harmless beyond a reasonable doubt given the strength of the evidence, which included phone tracing that connected the call to Younger's residence and his own admissions.

criminal lawprocedure

In Lewis v. Delta Loans, Inc., the plaintiff filed suit in Mississippi county court seeking damages under the civil liability provisions of the federal Truth in Lending Act, 15 U.S.C.A. § 1640, along with a separate state-law claim. The lower courts dismissed the federal claim, concluding that state courts were not a proper forum for enforcement of rights arising under the Act. The Mississippi Supreme Court reversed and remanded, holding that the Act's jurisdictional grant in § 1640(e) expressly permits actions in "any other court of competent jurisdiction" besides federal district courts, with no indication of congressional intent to limit jurisdiction to federal courts. The court further reasoned that, absent such restriction and under the Supremacy Clause, state courts of general jurisdiction must accept concurrent jurisdiction over federal claims when their ordinary authority is adequate to the case.

federal powerprocedurebusiness & regulatory

The case involved Eugene Haynes seeking to cancel a deed of trust on his property held by Avco Security Corporation, alleging it was a forgery as he did not sign it. The Chancery Court dismissed the bill, but the Supreme Court of Mississippi reversed, holding that Haynes proved by clear and convincing evidence that he did not execute the deed of trust. The court reasoned that his testimony was corroborated and uncontradicted, his history of signing documents showed he could sign his name, and payments made did not constitute ratification of the forged instrument.

property

The case involved James Toney's conviction in Pearl River County Circuit Court for assault and battery with intent to kill and murder after a confrontation at the Twilight Inn cafe in 1972, where Toney, a Black Vietnam veteran, and his companions were denied service in the front area and a fight ensued with white patron Cleve McQueen, resulting in McQueen being stabbed. Toney claimed self-defense after being pushed and cut from behind. The Mississippi Supreme Court reversed the conviction and remanded for a new trial. The core reasoning was that an erroneous jury instruction on the required elements of intent to kill with malice aforethought warranted reversal to ensure a fair trial, even though the defense had not objected to it at trial as required by court rules.

criminal lawprocedure

The case involved the conviction of Willie Walter Pulliam and James Wallace Pulliam for assault and battery with a deadly weapon (their feet and fists) with intent to kill Johnny B. Graham following a traffic collision on December 24, 1971. The defendants were sentenced to six years in prison, and they appealed on grounds including an erroneous jury instruction. The Mississippi Supreme Court reversed the convictions and remanded the case, holding that the state's Instruction No. 1 was fatally defective because it failed to require the jury to determine whether the defendants' use of feet and fists constituted a deadly weapon or means likely to produce death, as required by the statute. The court noted that while feet and fists can qualify as such under certain circumstances, the instruction improperly omitted this element, and the evidence created a jury question on intent to kill.

criminal law

The case involved Mid-Continent Refrigerator Company, a Colorado corporation, suing Isaac Starks for breaching a four-year lease agreement for refrigeration equipment by failing to pay monthly rent. The trial court dismissed the suit after the defendant moved to dismiss on grounds that Mid-Continent was a foreign corporation transacting business in Mississippi without a certificate of authority, in violation of state statutes. The Mississippi Supreme Court reversed and remanded, ruling that the defendant offered no evidence to prove the lack of a certificate or unauthorized business activity, and that the transaction qualified for a statutory exception covering orders accepted outside the state. The court noted that the statutes penalize only those foreign corporations actually transacting business without authority.

business & regulatoryprocedure

Helen Fulgham Butler was convicted in the Circuit Court of Clay County of murdering Mrs. JoAnn Brewer and sentenced to life imprisonment. She appealed, arguing that her confession, the .22 caliber pistol, and the victim's purse should have been suppressed because her arrest was illegal, the confession was involuntary under the totality of circumstances including prolonged questioning without counsel, and she lacked authority to surrender the gun belonging to her husband. The Supreme Court of Mississippi affirmed the conviction, ruling that any illegal arrest was only one factor and the confession was freely and voluntarily given after repeated Miranda warnings and waiver, the pistol was voluntarily turned over by Butler herself, and the transcript of the suppression hearing was inadmissible hearsay at trial. The court found the trial judge had sufficient basis to admit the evidence and no reversible error occurred.

criminal lawprocedure

The case involved Floyd Aikerson, who was convicted in the Circuit Court of Warren County of assault and battery with a deadly weapon with intent to rape after an incident in which he entered a grocery store, grabbed an elderly female proprietor, held a knife to her throat and face, dragged her to a back room, and held her on the floor until police arrived. The Mississippi Supreme Court affirmed the conviction only as to the lesser included offense of assault and battery, reversed the finding of intent to rape, and remanded for resentencing. The court reasoned that the evidence was insufficient to prove intent to rape because the attacker and victim remained fully clothed throughout, no fondling or attempts to remove clothing occurred, the victim never indicated fear of rape, and the brief attack with superficial wounds created no more than a probability of such intent.

criminal law

The case involved Shannon Chair Company challenging the City of Houston's decision to rezone property owned by G.D. Wimberly from industrial to residential use after the company protested the petition. The company provided timely notice of intent to appeal the mayor and board of aldermen's ordinance to circuit court but presented the required bill of exceptions to the mayor more than ten days after the board meeting adjourned. The circuit court dismissed the appeal on the city's motion, and the Mississippi Supreme Court affirmed the dismissal. The court held that Mississippi Code Section 11-51-75 requires a bill of exceptions to perfect an appeal from municipal authorities within ten days of adjournment, a deadline that is mandatory and jurisdictional, so that late filing confers no appellate jurisdiction regardless of later signatures or notices. The mayor's post-deadline signing on advice of counsel had no legal effect to extend the time or waive the requirement.

propertyprocedure

The case involved a dispute over title to approximately 640 acres of land in Bolivar County, Mississippi, arising from the 1937 will of Roy E. Helm, which granted a life estate to his wife Edith followed by a life estate to his son William Frank Hardin, with remainder language concerning Sally Ann Lewis (later Morris). After Sally's interest as a minor was sold in 1938 through guardianship proceedings to Hardin for $2,000, she later sought to disaffirm the sale upon reaching adulthood, leading Hardin to file suit to quiet title. The Supreme Court of Mississippi affirmed the chancery court's ruling that confirmed fee simple title in Hardin, construing the will's language as vesting Sally with a fee simple remainder interest rather than creating a separate interest in her heirs. The core reasoning examined the will's positive devising clauses granting the remainder to Sally, contrasted with the less certain language in the subsequent paragraph, and distinguished precedents involving precatory words that might limit an estate.

property