Neville Patterson

This case involves John Buford Irving III's application for post-conviction collateral relief to vacate his 1976 capital murder conviction and death sentence under Mississippi's Uniform Post-Conviction Collateral Relief Act. Irving had been tried and sentenced to death under a bifurcated procedure, with the sentence later vacated by a federal court due to ineffective assistance regarding his right to testify, leading to resentencing and another death penalty upheld on appeal. The Mississippi Supreme Court denied the application, finding that all raised issues had either been previously adjudicated and were thus res judicata or were procedurally barred for not being raised in prior proceedings. On rehearing, the court reaffirmed the denial, emphasizing that claims lacked new evidence or authority and noting the extensive prior litigation across state and federal courts. The petition for rehearing was denied, with an execution date set.

criminal lawprocedure

The case involved a workers' compensation claim by Arlis Edgar Etheridge against his employer Penrod Drilling Company and its insurer for a back injury allegedly sustained on the job in November 1980. An administrative law judge and the full Mississippi Workers' Compensation Commission denied the claim, finding that Etheridge failed to prove a causal connection between his injury and his employment based on contradictions in his testimony, statements on a "hurt sheet," and testimony from other employees. The Circuit Court of Warren County reversed the denial, concluding it was not supported by substantial evidence due to reliance on "negative testimony" from biased witnesses. On appeal, the Mississippi Supreme Court reversed the circuit court and reinstated the Commission's order, holding that the Commission is the fact-finder whose determinations supported by substantial evidence—including negative testimony—must be upheld, and that the circuit court's scope of review had been misapplied under Mississippi Code Annotated § 71-3-51.

labor & employmentprocedure

In Hill v. Dunaway, plaintiff John Steve Hill sued defendant James E. Dunaway for personal injuries sustained when Dunaway's car crashed after the two men had been drinking beer on a drive to the Mississippi Gulf Coast; Hill, a passenger, claimed severe leg injuries and over $41,000 in medical and wage losses, and a jury awarded him $50,000. Hill appealed, arguing that the trial court erred by instructing the jury on comparative negligence, which he claimed lacked evidentiary support and improperly reduced his recovery. The Mississippi Supreme Court affirmed the verdict, holding that the instruction was warranted because the record contained credible evidence that Hill knew or should have known of Dunaway's drowsiness and intoxication yet failed to exercise reasonable care for his own safety, allowing the jury to apportion fault under the state's comparative negligence rule.

torts & liability

Mrs. Mozell Satcher sued several physicians and a nurse at the University of Mississippi Medical Center after her infant was stillborn during delivery in 1979, alleging negligence in the diagnosis, treatment, and management of her labor. The defendants filed demurrers to her amended declaration, which the trial court sustained, dismissing the case with prejudice. On appeal, the Mississippi Supreme Court affirmed the dismissal, holding that the declaration contained only general legal conclusions about the defendants' duties and failures without specifying any particular acts or omissions constituting negligence. The court reasoned that pleadings are construed most strongly against the pleader and must allege facts sufficient to state a cause of action, applying pre-1982 procedural standards. A dissent argued that the allegations were adequate to proceed to further development and that the trial court improperly treated merit-based defenses as affirmative defenses.

proceduretorts & liabilityhealthcare

George David Tokman, convicted of capital murder and sentenced to death in Hinds County Circuit Court, filed a motion under the Mississippi Uniform Post-Conviction Collateral Relief Act to vacate his conviction and sentence after the state supreme court had affirmed them and the U.S. Supreme Court had denied certiorari. Among his nineteen claims, Tokman asserted that he received ineffective assistance of counsel in violation of the Sixth and Fourteenth Amendments, citing twelve specific instances. The state agreed that many of these claims could not be resolved on the existing record and required an evidentiary hearing. The court therefore granted Tokman leave to proceed in the trial court solely on the ineffective-assistance issue, while denying rehearing and clarifying its prior opinion.

criminal law

The case was an appeal by Don Henry Pace from his arson conviction and six-year sentence in the Circuit Court of Lowndes County, Mississippi, arising from allegations that he paid Terry Rhudy to burn a competing saloon called the Bottom Dollar. The Mississippi Supreme Court affirmed the conviction in a majority opinion. The court reasoned that the state's evidence, including Rhudy's testimony corroborated by other witnesses and the fire marshal, was sufficient for the jury to find guilt; there was no prosecutorial misconduct; the trial court properly exercised discretion to limit cross-examination of a state witness on irrelevant matters concerning her past; and the trial judge's inquiry into the jury's numerical division without identifying votes for guilt or innocence did not violate precedent or coerce the verdict. A dissent argued that the jury inquiry improperly referenced guilt or innocence and likely influenced the holdout juror, warranting reversal.

criminal lawprocedure

This case involves Frank J. Cabello, Sr.'s appeal of his capital murder conviction and death sentence for the strangulation death of 72-year-old used car dealer Vernon Gurley in Corinth, Mississippi, on December 22, 1982. The prosecution presented evidence that Cabello and his two sons planned and carried out the robbery and murder after visiting Gurley's lot, including testimony from his younger son Rico who testified in exchange for remand to youth court, motel staff observations, and forensic details about the binding and cause of death. The Mississippi Supreme Court affirmed the conviction and sentence, finding sufficient evidence to support the jury's verdict and rejecting various claims of error regarding discovery, evidence admission, and jury instructions.

criminal law

Randy Dixon was convicted in Mississippi circuit court on five counts of possessing various controlled substances and sentenced as a habitual offender to consecutive prison and jail terms. On appeal he challenged the multi-count indictment, the admission of drugs seized from his person and vehicle, his statements to officers, and other evidentiary and procedural rulings. The Mississippi Supreme Court affirmed the convictions, concluding that the charges all arose from the same transaction so a single indictment was proper and that Dixon's remaining assignments of error were without merit.

criminal lawprocedure

This case concerns the appeal of Arthur Ray Lanier following his conviction in Mississippi circuit court for capital murder under Mississippi Code Annotated § 97-3-19(2)(a) for the shooting death of Gulfport police officer Buford Dedeaux while the officer was acting in his official capacity, resulting in a death sentence. Lanier raised multiple challenges including lack of probable cause for his arrest, improper admission of a videotaped confession and the murder weapon, errors in jury selection and instructions on self-defense and manslaughter, and insufficiency of the evidence. The court determined that probable cause existed based on witness identifications of Lanier's bicycle, ditty bag, and watchcap found at the scene, that the confession was voluntary and admissible after Miranda warnings, and that the evidence supported the capital murder conviction over lesser offenses. The majority affirmed the conviction and sentence, concluding that the jury was properly instructed and that no reversible errors occurred in the guilt or sentencing phases.

criminal lawprocedure

The case concerned whether Mississippi legislators could constitutionally serve on or appoint members to various state boards and commissions performing executive functions, such as the Budget Commission and Board of Corrections. The Supreme Court of Mississippi held that such dual service violated Article I, Sections 1 and 2 of the state constitution, which divide governmental powers into three distinct departments and prohibit any person or group from exercising powers belonging to another department. The court reasoned that these provisions must be interpreted strictly according to their plain language to prevent legislative encroachment on executive authority, consistent with historical separation-of-powers principles and precedents establishing judicial authority to void unconstitutional enactments. It issued a declaratory judgment to that effect while allowing a reasonable period for governmental adjustments.

federal power

The case involved a divorce action filed by John R. Chaffin, Jr. in chancery court on the ground of habitual cruel and inhuman treatment, with his wife Cora Lee Chaffin denying the allegations and cross-complaining for separate maintenance. The trial court granted the husband a divorce and awarded the wife custody of their younger son, $250 monthly child support, and use of the family home until certain conditions were met. On appeal, the Mississippi Supreme Court affirmed the decree, reasoning that the evidence including corroborated testimony of nagging, absences, and threats supported the grounds for divorce, any prior condonation was revived by post-separation conduct, the parties had consented to entry of the decree in vacation, and the financial provisions were adequate in light of the husband's income and obligations.

family law

The case involved George David Tokman's appeal from his conviction of capital murder and death sentence in the Circuit Court of Hinds County for the robbery and killing of cab driver Albert Taylor in August 1980. Tokman and two accomplices planned the robbery, selected the elderly victim, and carried out the attack in which Tokman inflicted fatal stab wounds. The Mississippi Supreme Court affirmed the conviction and sentence, holding that the trial court properly excused a venireman under Witherspoon standards for inability to vote guilty knowing it could lead to the death penalty, that the evidence including fingerprints, witness testimony, and confessions was sufficient, and that the sentencing phase complied with required procedures for weighing aggravating and mitigating circumstances. A dissent argued for life imprisonment based on Tokman's youth and background factors.

criminal lawprocedure

In Wilson v. State, Eddie Lee Wilson was convicted in 1978 of armed robbery and attempted rape in Copiah County Circuit Court and received consecutive sentences. His initial appeals were dismissed as untimely, and he later petitioned for an out-of-time appeal, testifying that his retained attorney had repeatedly assured him the cases were being appealed while failing to file timely notices. The trial court denied the petition after a hearing, but the Mississippi Supreme Court reversed, holding that Wilson's uncontradicted testimony established by a preponderance of the evidence that his attorney had misrepresented the appeal status, thereby denying him the right to appeal through no fault of his own under the standard from Jones v. State. The court directed that the out-of-time appeals be permitted.

criminal lawprocedure

This case involved disciplinary proceedings against Justice Court Judge Jerry V. Lambert for misconduct in handling bad check cases brought by merchants. The Mississippi Commission on Judicial Performance found that Lambert used the criminal process to collect civil debts, failed to properly docket cases, collected excessive fees, operated an unauthorized check verification business from his court office using judicial information, and violated multiple canons of judicial conduct. The court accepted the Commission's recommendation, fining Lambert $2,000 and issuing a public reprimand, based on findings of willful misconduct in office and conduct prejudicial to the administration of justice under Section 177A of the Mississippi Constitution. The decision followed precedent allowing multiple sanctions when conduct falls into more than one prohibited category.

criminal lawprocedure

Carolyn Voss sued the executors of her deceased aunt and uncle's estate, claiming ownership of a candy shop property based on a 1952 handwritten instrument in which the Dauros promised to leave it to her upon their deaths in exchange for her unpaid work there, or alternatively seeking payment for services on a quantum meruit theory. The Chancery Court of Hancock County dismissed the complaint after finding that Voss had been compensated for her work, that the 1952 document was a will revoked by the Dauros' later 1973 will devising the property to others, and that no enforceable contract existed. On appeal, the Mississippi Supreme Court affirmed, holding that the 1952 instrument qualified as a will subject to revocation and that the evidence supported the chancellor's conclusions rejecting the contract and quantum meruit claims. The court further noted that any remaining issues regarding the property covered by the 1952 will would require further construction proceedings.

propertyfamily law

The case involved David Doubleday, an employee of subcontractor W.T. Ratliff Co., who was injured on a highway construction project and sued the general contractor Boyd Construction Company for negligence in failing to provide adequate traffic warnings. Boyd had subcontracted work to Ratliff and required it to carry workers' compensation insurance, which paid benefits to Doubleday; the trial court dismissed the suit, holding Boyd was a statutory employer under Mississippi law whose exclusive remedy was workers' compensation. On appeal, the Mississippi Supreme Court affirmed, interpreting Miss. Code Ann. § 71-3-7 to mean that a general contractor fulfills its obligation to secure compensation—and gains immunity from third-party suits—by contractually requiring the subcontractor to obtain insurance, consistent with prior precedent like Mosley v. Jones. The court reasoned that this arrangement serves the statute's purpose of protecting employees while preventing general contractors from being exposed to common-law liability when they ensure coverage indirectly.

labor & employmenttorts & liability

The case involved Ken and Teresa Harrison suing the City of Starkville for damages after the city connected electrical service to their vacant apartment, resulting in a fire from a stove eye left in the on position that destroyed their personal property. A jury awarded the Harrisons $2,700, but the city appealed. The Supreme Court of Mississippi reversed and rendered judgment for the city, reasoning that electrical suppliers owe no duty to inspect customer-controlled appliances or ensure occupancy before connecting service absent actual knowledge of a dangerous condition, and the plaintiffs failed to prove any negligence by the city.

torts & liabilityproperty

The case involved Hosey Bernard Johnson's conviction for armed robbery in Harrison County Circuit Court, where the victim identified him in a lineup and at trial, and bank surveillance photos showed Johnson using the stolen cards shortly after the crime; Johnson admitted using the cards but claimed he received them from another person and denied committing the robbery. The Mississippi Supreme Court affirmed the life sentence. It held that the defendant failed to preserve his claim of improper limits on cross-examination of a rebuttal witness by not making a proffer outside the jury's presence. It also found no error in denying a new trial on the basis of a mistaken reference to a prior conviction and ruled that the prosecutor's improper closing argument was harmless given the overwhelming evidence of guilt.

criminal lawprocedure

In Birchfield v. State, the defendant was convicted of rape in the Circuit Court of Oktibbeha County and sentenced to life imprisonment after the victim identified him and evidence including a blood-semen analysis linked him to the crime. On appeal, Birchfield challenged the admission of the blood test results, arguing that a municipal judge lacked authority to issue the warrant and that the test violated his Fourth Amendment rights against unreasonable searches. The Mississippi Supreme Court held that the municipal judge had statutory authority to issue the warrant and that the blood draw was reasonable under the Fourth Amendment, following the principles from Schmerber v. California that intrusions into the body must be justified by probable cause and conducted properly. The court also found the evidence sufficient to support the jury's verdict on the issues of consent and force. The conviction was affirmed.

criminal lawprocedure

The case involved Augustin Lucas Saunders, Jr. suing the City of Jackson, Mississippi, its police chief, and another individual under 42 U.S.C. § 1983 for alleged deprivation of civil rights under the Fourteenth Amendment. The trial court sustained demurrers and dismissed the suit, and after initially reversing that decision, the Mississippi Supreme Court on rehearing affirmed the dismissal. The court reasoned that, under the U.S. Supreme Court's holding in Monell v. Department of Social Services, a municipality may not be sued under § 1983 for injuries caused solely by its employees unless the plaintiff alleges that an official policy, custom, or edict was the moving force behind the constitutional violation, an allegation absent from the declaration here.

civil rights