Dan M. Lee

The case involved Elemetric Brown suing the Houston School District and its employees after her eight-year-old special education son, Corey Jones, ran away from school supervision on April 29, 1991, and was later found dead in a nearby creek. Brown asserted a state wrongful death claim along with federal claims under 42 U.S.C. § 1983 for civil rights violations and the Individuals with Disabilities Education Act. The Mississippi Supreme Court affirmed the circuit court's grant of summary judgment to the defendants. The court held that Brown provided no basis for the federal claims and that the wrongful death claim was barred by sovereign immunity under Mississippi Code § 11-46-1 et seq., with no genuine issues of material fact precluding dismissal.

civil rightsproceduretorts & liability

Anthony Collins was convicted of murder in Mississippi state court after shooting Jerry West during a confrontation in a parking lot following an altercation involving Collins's brother, with Collins claiming the shooting was in self-defense. The Mississippi Supreme Court reversed the conviction and remanded the case for a new trial. The court held that the trial judge committed reversible error by sending the entire Black's Law Dictionary to the jury room, without limitations or safeguards, after the jury requested a definition of premeditation during deliberations.

criminal lawprocedure

In Howard v. State, Eddie Lee Howard was indicted and tried for capital murder during the commission of rape, convicted by a jury, and sentenced to death after representing himself at trial with standby counsel. The Mississippi Supreme Court reversed the conviction and death sentence, holding that the trial court committed reversible error on three key issues. The court found that Howard was improperly allowed to proceed pro se without adequate safeguards ensuring a fair trial, that standby counsel should have been permitted to deliver the defense closing argument at the guilt phase, and that the admission of unreliable bite-mark comparison testimony from the state's expert violated due process. These errors undermined confidence in the verdict and required reversal without addressing the remaining assignments of error.

criminal lawprocedurecivil rights

In Howard v. State, the Mississippi Supreme Court reviewed the capital murder conviction and death sentence of Eddie Lee Howard for the 1992 rape and killing of an elderly woman, where Howard had elected to represent himself at trial with standby counsel. The court reversed the conviction and sentence, holding that the trial court erred in permitting Howard to proceed pro se without adequate safeguards, in denying his request for standby counsel to deliver the guilt-phase closing argument, and in admitting unreliable bite-mark expert testimony without proper scrutiny of its scientific basis. The decision focused on violations of the right to counsel, self-representation standards, and due process requirements for a fair trial, without addressing the remaining assignments of error such as jury selection or speedy trial claims. The court emphasized that these procedural and evidentiary flaws undermined confidence in the verdict and sentencing.

criminal lawprocedure

The case involved state service employees who resigned from the Mississippi Department of Health after alleging discriminatory employment conditions and invoked the Employee Appeals Board (EAB) for review of their grievances under the state civil service system, but before the EAB completed its evidentiary hearings they filed an original suit in circuit court, prompting the EAB to issue an interlocutory order purporting to transfer the matter and relinquish jurisdiction. The circuit court vacated the transfer order and dismissed the complaint, and the Mississippi Supreme Court affirmed, holding that the EAB lacked statutory authority to transfer a pending matter to circuit court and that the only path to judicial review was limited appellate review of a final EAB decision on the merits rather than an original action. The Court reasoned that the statewide personnel statutes establish primary and exclusive EAB jurisdiction over such employment grievances, requiring exhaustion of administrative remedies before any court involvement, and rejected arguments that federal claims or requested relief outside EAB authority permitted bypassing this process.

labor & employmentprocedurecivil rights

The case involved the Mississippi Commission on Judicial Performance charging Municipal Judge John W. Whitten, III, with misconduct after he and associates stopped a vehicle at gunpoint on a neighbor's property, fired shots including one that disabled the tire, detained the occupants, and made threats. The Commission found violations of judicial conduct canons and recommended a public reprimand and $2,500 fine. The Supreme Court accepted these findings and recommendations, imposing the reprimand, fine, and costs, based on the need to maintain public confidence in the judiciary and deter similar conduct.

gunscriminal lawpropertyprocedure

This case involved an iron worker employed by a sub-subcontractor on a construction project who was injured in a fall and received workers' compensation benefits from his direct employer's insurer before suing the general contractor and first-tier subcontractor for negligence. The Mississippi Supreme Court, answering a certified question from the U.S. Court of Appeals for the Fifth Circuit, held that the Mississippi Workers' Compensation Act extends immunity to the general contractor and subcontractor, barring the negligence action. The court reasoned that the Act's exclusive-remedy provision applies because the sub-subcontractor had secured the required coverage, satisfying the statutory scheme under which higher-tier contractors are only secondarily liable if lower ones default.

labor & employmenttorts & liability

This case involved a legal malpractice suit by Richard Wilbourn against the Stennett, Wilkinson & Ward law firm and individual attorneys, alleging breach of confidentiality and loyalty after the firm assisted in securities fraud and racketeering litigation against him related to bank stock acquisitions; Wilbourn claimed the firm misused confidential information from prior representation on regulatory filings and tender offers. The Hinds County Circuit Court granted summary judgment to the defendants on the malpractice claims and dismissed their counterclaims for malicious prosecution and abuse of process with prejudice. The Mississippi Supreme Court affirmed, holding that Wilbourn failed to establish a causal link between any fiduciary breach and his alleged damages as required under precedent like Hickox, and that the counterclaims lacked evidence of harm or other essential elements. The court also upheld entry of final judgment on all claims.

torts & liabilityprocedure

The case involved Joseph Patrick Brown, who was convicted of capital murder for the robbery and shooting death of a convenience store clerk during a drug-related crime spree and sentenced to death. Brown appealed his conviction and sentence, raising nine assignments of error including challenges to the sufficiency of accomplice testimony, admission of certain evidence like a handgun and letters, jury instructions on aggravating circumstances, and other procedural issues. The Supreme Court of Mississippi reviewed the record and found that none of the assigned errors had merit. Therefore, the court affirmed both the conviction and the death sentence.

criminal law

This case involved a dispute between Aubrey Griffin and his niece Pamela Armana over ownership of Florida real property that Griffin had deeded to Armana, along with jewelry, funds in a joint account, and a payment Griffin made for Armana's son's education. Griffin sued to cancel the deed and recover the assets, alleging a confidential or fiduciary relationship and undue influence, while Armana counterclaimed for libel and emotional distress. The chancellor found a confidential relationship existed but determined there was no undue influence at the time the deed was executed, ruled the payment was a gift, ordered return of the jewelry to Griffin, and denied Armana's counterclaims. On appeal, the Mississippi Supreme Court affirmed the chancellor's rulings, holding that Griffin was independent and capable when executing the deed, that any presumption of undue influence was overcome by the evidence, and that the transaction was not shown to be fraudulent. The court emphasized that blood ties alone do not establish a basis for canceling the deed or imposing a constructive trust.

family lawproperty

The case involved beneficiaries of four irrevocable trusts suing Trustmark National Bank after their trustee embezzled nearly all trust funds by writing checks from the trust accounts and depositing them into his personal account at the bank. The plaintiffs claimed breach of the checking account contract, gross negligence in failing to supervise employees, and conversion. The Mississippi Supreme Court affirmed summary judgment for the bank, finding no genuine issue of material fact regarding whether the bank had actual knowledge of the trustee's wrongdoing. The court reasoned that the trust instruments granted the trustee broad powers, the bank was not a party to the trusts, and without evidence of actual knowledge by bank employees, the bank had no duty to restrict the trustee's transactions or monitor for misappropriation.

business & regulatorypropertyprocedure

This case involved a claim by the family of a deceased permissive driver for uninsured/underinsured motorist (UM) benefits after a fatal accident with an uninsured motorist. The insurer paid $10,000 under the policy covering the involved vehicle owned by a friend but denied stacking additional UM coverage from three separate policies on the friend's other vehicles, which were not involved in the crash; the family also sought punitive damages. The trial court granted summary judgment allowing recovery of $30,000 in stacked benefits but denied punitive damages, leading to an appeal on whether Mississippi law permitted such aggregation for Class II insureds like permissive drivers under precedents addressing multiple policies and premiums. The Supreme Court of Mississippi reviewed conflicting case law on stacking UM coverage across policies for guest passengers or permissive users.

business & regulatorytorts & liability

A former employee sued his employer under the Age Discrimination in Employment Act, alleging he was willfully terminated because of his age after selling his ownership interest in the company. A jury found for the employee and awarded $171,000 in damages. On appeal, the court reviewed whether the plaintiff had presented sufficient evidence that age was a determinative factor in the termination, applying the burden-shifting framework and pretext analysis from St. Mary's Honor Center v. Hicks and related cases. The court concluded the evidence was inadequate to support the verdict and reversed the judgment.

labor & employmentcivil rights

The case involved a garnishment action by Linda McDill against Merrimack Mutual Fire Insurance Company after she obtained an agreed $100,000 judgment against Charlie Brown for injuries from a 1991 shooting incident in which Brown killed her fiance and shot her. Brown, who had pleaded guilty to murder and burglary, was the adult son of Merrimack's policyholders; the insurer had refused to defend him in the underlying tort suit on the grounds that he was not an "insured" resident of his parents' household and that intentional acts were excluded. The trial court granted summary judgment for McDill, ruling that Brown qualified as an insured under the homeowner's policy and that Merrimack's failure to defend precluded it from later asserting policy exclusions. On appeal, the Mississippi Supreme Court affirmed, applying a flexible definition of "resident" based on physical presence and intent to remain, finding no disputed facts that Brown lived in the household, and holding the insurer liable for the judgment amount.

torts & liabilityprocedure

This case concerned the distribution of a $150,000 wrongful death settlement obtained after the 1990 car accident death of unmarried minor Shelly Pannell, who was survived by her natural parents and four half-siblings. The Lee County Chancery Court ruled that Mississippi Code § 11-7-13 required equal division of the proceeds among the six statutory beneficiaries and that the contingent fee contract signed only by the father did not bind the mother or half-siblings because it lacked required court approval under Uniform Chancery Court Rule 6.12. On appeal, the Mississippi Supreme Court affirmed the equal distribution, holding that the statute provided no authority for an evidentiary hearing to award unequal shares, but reversed and remanded for a hearing on the attorney's entitlement to reasonable compensation from the non-contracting beneficiaries under quantum meruit principles.

torts & liabilityfamily lawprocedure

This case involved Ralph Russell Rice, Jr., an employee of Junior Food Stores d/b/a Super Stop, who sued the company for malicious prosecution after it initiated a grand larceny charge against him related to missing store funds from December 1987. A jury in the Circuit Court of Hinds County awarded Rice $15,000 in damages, and the Supreme Court of Mississippi affirmed the verdict on appeal. The court determined that Rice had proven all necessary elements of malicious prosecution, including the absence of probable cause and the presence of malice by Super Stop, based on the evidence presented at trial regarding the circumstances of the theft and the company's actions. It also upheld the damage award as supported by the evidence of Rice's emotional distress and not excessive.

criminal lawtorts & liability

This case involved a dispute over insurance proceeds after a fire destroyed property owned by Emmitt Stewart and mortgaged to First Columbus National Bank. National Farmers Union Property & Casualty Company, which had issued a policy naming the bank as mortgagee, sought a declaratory judgment on its liability following the loss, which it determined was incendiary in origin. The trial court granted summary judgment to the bank and ordered National Farmers to pay it $17,934.70 plus interest. On appeal, the Mississippi Supreme Court affirmed, holding that the mortgage clause entitled the bank to recover based on the full amount of the secured debt under the policy language "as interest may appear," rather than any reduced interest in the property after foreclosure. The court found no genuine issues of material fact and rejected the insurer's arguments regarding proof of interest.

propertybusiness & regulatoryprocedure

Willie Russell was convicted of capital murder for stabbing a Mississippi Department of Corrections officer to death while an inmate at Parchman and was sentenced to death. After the initial death sentence was vacated on appeal, a new sentencing jury again imposed death following a resentencing hearing. Russell appealed, raising claims of error in jury selection (including challenges for cause and comments on the death penalty), admission of prior testimony and evidence of prior crimes or escapes as aggravating factors, jury instructions on mitigating circumstances and the verdict form (including lack of a unanimity option), and prosecutorial comments. The Mississippi Supreme Court reviewed the assignments of error and affirmed the death sentence, holding that the trial court did not commit reversible error in the resentencing proceedings.

criminal lawprocedure

This case involves a motion by defendants James L. Crosthwait, M.D., and Jackson Heart Clinic, P.A., in an estate lawsuit against them, seeking an order requiring Justice McRae to recuse himself from participating on the Mississippi Supreme Court due to concerns over his off-bench conduct and connections to attorney Bill Liston. The court issued an order denying the motion for recusal. Multiple justices filed statements addressing whether the full court holds constitutional authority, by majority vote, to direct an individual justice's recusal when the facts would require disqualification of a trial judge, with some concluding that such power exists to maintain judicial integrity while others viewed it as the challenged justice's individual prerogative to decide. The underlying dispute centers on claims brought by the executor of Bowman Stirling Tighe, Sr.'s estate.

procedure

The case concerns Kenneth Davis's direct appeal from his capital murder conviction and death sentence for killing Bobby Joe Biggert in Hinds County, Mississippi. Davis raised multiple assignments of error, primarily challenging the constitutionality of the search of his residence, the prosecution's use of peremptory strikes during jury selection, the trial court's handling of mitigating and aggravating circumstances at sentencing, and various instances of alleged prosecutorial misconduct. The Mississippi Supreme Court reviewed these claims under federal and state constitutional standards, including Batson v. Kentucky on racial discrimination in jury selection, and concluded that the errors identified did not require reversal of the conviction or sentence.

criminal lawcivil rightsprocedure