Edwin L. Pittman

This case involved customers suing check cashing companies over fees charged on renewed or extended delayed-deposit transactions under the Mississippi Check Cashers Act, with the companies moving to compel arbitration pursuant to signed agreements governed by the Federal Arbitration Act. The trial court denied the motions, ruling that the FAA did not apply, the agreements lacked mutuality of obligation, and the customers had not knowingly waived their jury trial rights. The Mississippi Supreme Court reversed, holding that the FAA governed because the transactions involved interstate commerce and the parties agreed to its application, that valid consideration supported the agreements without requiring mutuality, and that the conspicuous arbitration provisions established knowing and voluntary waivers. The cases were remanded for the trial court to grant the motions to compel arbitration.

business & regulatoryprocedure

Marcus Ricardo Bennett pled guilty to two counts of selling cocaine within 1500 feet of a church and received consecutive sentences of 10 and 5 years in prison. He filed a direct appeal challenging the sentence enhancement on grounds that it was not properly set out in the indictment or plea agreement. The Mississippi Supreme Court dismissed the appeal for lack of jurisdiction under Miss. Code Ann. § 99-35-101, which prohibits direct appeals after guilty pleas, and determined that precedents allowing review of sentences imposed after pleas did not apply because the claims concerned the validity of the plea itself. The court further observed that the enhancement was in fact stated in the indictment, plea agreement, and sentencing colloquy.

criminal lawprocedure

The case involved over 350 plaintiffs who sued insurance companies and their agents for fraud, fraudulent inducement, breach of contract, negligence, violations of the Mississippi Consumer Protection Act, and related claims arising from the marketing and sale of fire, life, and health insurance policies to low-income consumers. The suit, which sought damages as well as equitable remedies like an accounting, constructive trust, and injunction, was filed in chancery court; the chancellor denied the defendants' motion to transfer the case to circuit court. On interlocutory appeal, the Mississippi Supreme Court reversed and ordered transfer, reasoning that the claims sounded in tort and contract rather than equity, the primary remedies sought were legal damages, and jurisdiction under the state constitution therefore lay in circuit court.

business & regulatoryproceduretorts & liability

Sandra Cockrell sued the Pearl River Valley Water Supply District under the Mississippi Tort Claims Act after a District security officer arrested her for suspected DUI, then engaged in unwanted physical contact and embraces with her while transporting her to jail and later at the patrol office. The trial court granted summary judgment to the District, dismissing the claims with prejudice. On appeal, the Mississippi Supreme Court affirmed, holding that the officer's actions were outside the course and scope of his employment because they were undertaken to satisfy personal urges rather than to further the District's interests. The court reasoned that an employer is not liable under the MTCA for employee conduct that deviates from employment duties in this manner, and it therefore did not reach the question of whether the conduct constituted a criminal offense.

criminal lawproceduretorts & liability

This case is the second appeal in a discovery dispute arising from a wrongful death lawsuit filed after a 1994 train-car collision in Mississippi that killed three people. The railroad company was held in civil contempt for failing to produce executives for court-ordered depositions, and on remand from the first appeal the trial court awarded the plaintiffs approximately $5,900 in attorney fees and expenses. The Mississippi Supreme Court affirmed that award, holding that the expenses were reasonable, well-documented, and directly caused by the railroad's noncompliance with the discovery order. The court rejected the argument that the plaintiffs failed to mitigate damages by traveling to the scheduled depositions, noting they reasonably relied on the trial court's denial of a protective order.

proceduretorts & liability

The case involved three sisters challenging the validity of unrecorded warranty deeds executed by their deceased mother that purported to convey interests in two tracts of real property in Lafayette County, Mississippi, to the siblings. The DeSoto County Chancery Court dismissed the sisters' claims as barred by the three-year statute of limitations, but the Mississippi Supreme Court held that the deeds attempting to convey the Highway 30 property and the sisters' 3/5 interest in the Highway 6 property were void ab initio. The court reasoned that delivery is essential to a deed's validity and that the deeds here were never delivered or accepted, and that the mother's powers of attorney did not authorize her to convey the sisters' interests to their brother without any benefit to them. As a result, no action to set aside the deeds was necessary and no statute of limitations applied.

propertyfamily law

Rodney Foster sued his uncle Tony Ross in chancery court, seeking a mandatory injunction to return the proceeds of three certificates of deposit totaling over $88,000 to the estate of their relative Nannie Mae Ross, alleging undue influence by Ross. The chancery court dismissed the case under Mississippi Rule of Civil Procedure 41(b) at the close of Foster's evidence and imposed sanctions requiring Foster and his attorney to pay Ross's attorney's fees and costs under Mississippi Code Annotated sections 11-55-1 et seq., finding the suit brought without substantial justification. On appeal, Foster challenged only the sanctions award. The Mississippi Supreme Court affirmed, holding that the claims lacked factual or legal basis because the CDs were held in joint tenancy with right of survivorship, Foster knew or should have known the relevant facts including the abandonment of one claim, and there was no evidence of a confidential relationship or undue influence. The court noted that the chancellor provided sufficient findings to support the sanctions despite not addressing every statutory factor.

procedurepropertyfamily law

Evelyn Fairley sued George County and its insurer for negligence after losing control of her car due to gravel allegedly left on a county road, claiming the county road crew caused her accident and injuries. The trial court granted summary judgment to the county for failure to strictly comply with the notice requirements of the Mississippi Tort Claims Act, a standard then in effect; after the plaintiff settled with the insurer and the order became final, Fairley appealed. While the case was pending, the Mississippi Supreme Court changed the MTCA notice rule from strict compliance to substantial compliance. The court held that the summary judgment order was not appealable until all defendants were dismissed, and because the law had changed by that point, reversed the judgment and remanded for the trial court to determine whether Fairley substantially complied with the notice provisions.

proceduretorts & liability

In Brown v. State, Rochelle Deangelo Brown was convicted of burglary after police officers caught him breaking a window and entering a closed auto repair shop late at night; he was sentenced to seven years in prison. Brown appealed, arguing that the evidence was insufficient to prove intent to steal and that the verdict was against the weight of the evidence. The Mississippi Supreme Court affirmed the conviction, holding that the elements of burglary under state law were satisfied because the breaking and entering were directly observed and intent could be inferred from the circumstances of an unauthorized nighttime entry into a building containing valuable items with no credible innocent explanation. The court also reviewed the case under the Killingsworth doctrine for appointed appellate counsel but found no additional meritorious issues after independent review of the record.

criminal lawprocedure

In House v. Honea, the Pike County Board of Supervisors granted plaintiffs a private right-of-way across defendants' land and awarded defendants $250 in damages after hearings in late 1999. Defendants filed a notice of appeal and bill of exceptions with the circuit court on January 14, 2000, more than ten days after the board adjourned its session on December 30, 1999. The circuit court dismissed the appeal as untimely under Miss. Code Ann. § 11-51-75. The Mississippi Supreme Court affirmed, ruling that the statute's ten-day deadline for appealing board of supervisors decisions is mandatory and jurisdictional, so the late filing deprived the courts of authority to hear the case.

propertyprocedure

The case involved Gary Hopkins's appeal of his conviction for vehicular manslaughter while driving under the influence of alcohol, stemming from a fatal car collision in Tunica County, Mississippi. Hopkins challenged the trial court's admission of his statements to a highway patrol sergeant at the accident scene and hospital without Miranda warnings, as well as his medical records introduced to rebut his testimony. The Mississippi Supreme Court affirmed the conviction, holding that the statements at the scene were admissible because Hopkins was not in custody, the hospital statements were obtained in violation of Miranda but constituted harmless error, and the medical records were properly admitted because Hopkins had waived his physician-patient privilege by testifying about his injuries and previously disclosing the records. The court reasoned that the evidence supported the jury's finding of guilt after four trials, with prior mistrials not affecting the final outcome.

criminal lawprocedure

This case involved a dispute between casino patron James Thomas and the Isle of Capri Casino along with CDS over whether Thomas won two progressive slot machine jackpots in 1995. After the casino and CDS refused payment and the Mississippi Gaming Commission ruled against Thomas following an investigation and hearing, Thomas appealed through the courts. The Supreme Court of Mississippi first addressed jurisdiction, finding that the Harrison County Circuit Court properly had authority after transfer from Jackson County. On the merits, the court affirmed the Commission's decision, noting that while the casino's dismantling of the machine constituted spoliation of evidence that raised a negative presumption against it, other evidence such as independent tracking systems, expert testimony, and surveillance supported the finding that no jackpot was won.

procedurebusiness & regulatory

Paul McCrary, a Biloxi police officer, informed his employer in October 1993 of work-related depression that had disabled him since August 1993 and completed initial injury reports; city officials stated they would file his workers' compensation claim, sent a notice of injury to the Commission, and engaged in extended medical-authorization and investigation exchanges before denying the claim in 1996. McCrary filed his petition to controvert in April 1996, after the two-year limitations period in Miss. Code Ann. § 71-3-35(1) had expired. The ALJ, Commission, circuit court, and Court of Appeals all dismissed the petition as untimely. The Mississippi Supreme Court reversed, holding that the City was equitably estopped from raising the statute of limitations because it had represented that it would file the claim, failed to file the required Notice of Controversy under § 71-3-37(4), conducted prolonged settlement activity, and induced McCrary's detrimental reliance, consistent with the liberal construction of the Workers' Compensation Act.

labor & employmentprocedure

In this case, Pearlie Williams sued Delta Regional Medical Center and Dr. James R. Beckham for wrongful death based on alleged medical negligence during the stillbirth delivery of her child in 1994. The circuit court granted summary judgment to the hospital, finding the claim barred by the one-year statute of limitations under the Mississippi Tort Claims Act. Williams appealed that order, but the Supreme Court of Mississippi dismissed the appeal. The court reasoned that because the action against the doctor remained pending and the summary judgment order was not certified as final under Mississippi Rule of Civil Procedure 54(b), it was interlocutory and not appealable.

torts & liabilityprocedurehealthcare

The case concerned a lawsuit by Paul Connell and his parents against Downtown Grill, a restaurant, alleging libel, slander, malicious prosecution, intentional infliction of emotional distress, and gross negligence after the restaurant's bartender assisted police by identifying Connell from a photo spread as the person who passed a forged check, resulting in Connell's arrest that was later dropped when another suspect confessed. A jury awarded the plaintiffs $40,000 in damages, but the Downtown Grill appealed, challenging the denial of its motions for directed verdict, judgment notwithstanding the verdict, and new trial, as well as certain jury instructions on qualified privilege and the parents' individual claims. The Mississippi Supreme Court reversed the judgment, holding that the restaurant's assistance in the criminal investigation was protected by a qualified privilege that shielded it from civil liability absent malice. The core reasoning was that public policy supports a privilege for citizens cooperating with law enforcement to encourage reporting and investigation of crimes without fear of lawsuits, and the evidence did not support a finding of malice here.

torts & liabilitycriminal lawprocedure

This case was a will contest filed in Mississippi chancery court by Carolyn Rogers challenging the 1987 will of her mother, Littie Jane Pleasant, which left the entire estate to Carolyn's two brothers, Robert and Joseph. Carolyn alleged that the will resulted from undue influence by Robert and that Littie lacked testamentary capacity. After a trial, the chancellor found a confidential relationship but ruled that Robert had rebutted the presumption of undue influence with clear and convincing evidence of good faith, Littie's knowledge and deliberation, and her independent consent; the chancellor also found testamentary capacity. The Mississippi Supreme Court affirmed the dismissal of the contest, holding that the trial court did not err. The opinion addressed factors for good faith and knowledge under precedents like In re Will of Fankboner, while a dissent argued the presumption was not overcome due to lack of disinterested testimony and evidence of Littie's later dementia.

family lawproperty

The case concerned Jan Cossitt's claims against Alfa Insurance for uninsured motorist benefits, medical payments coverage, and punitive damages based on alleged bad faith refusal to pay after a 1986 accident. The trial court granted summary judgment to Alfa, finding no bad faith and that Cossitt was not entitled to uninsured motorist benefits, though it awarded $1,000 in medical benefits. On appeal, the Mississippi Supreme Court affirmed the summary judgment on the bad faith claims, reasoning that Alfa had a legitimate basis for delaying payment of undisputed amounts while coverage disputes remained unresolved and that the evidence did not create a triable issue on punitive damages. The court also upheld limits on discovery and amendments exceeding the prior remand's scope.

torts & liabilitybusiness & regulatory

The case involved Charles C. Hooker's appeal of his conviction for the 1991 murder of Walter Johnson in Coahoma County Circuit Court, where he received a life sentence based entirely on circumstantial evidence such as witness sightings at a lounge and the discovery of the victim's body in a car. On rehearing, the Mississippi Supreme Court withdrew its prior opinion and reversed the conviction, remanding for a new trial. The core reasoning was that jury instruction S-1 improperly allowed conviction on an aiding-and-abetting theory unsupported by any evidence, and that testimony from three witnesses about the victim's alleged habit of parking along the road was inadmissible because three incidents over several months failed to establish the frequency and regularity required for habit evidence under Mississippi law.

criminal lawprocedure

This case involved a juvenile, B.D., adjudicated delinquent in Pike County Youth Court for multiple counts of burglary and grand larceny, after which the court ordered B.D. and his parents/guardians (D.S. and R.S.) to pay over $19,000 in restitution to victims and insurers under Miss. Code Ann. § 43-21-619. The parents appealed, arguing the statute was unconstitutional as applied because it imposed liability without proof of parental fault or adequate due process. The Mississippi Supreme Court reversed and remanded the restitution judgment against the juvenile and the parents, finding procedural deficiencies in how the statute was applied during the hearings. The court construed the statute to avoid constitutional invalidity but held that the youth court failed to properly establish the basis for parental liability.

criminal lawfamily lawprocedure

The case involved a negligence lawsuit by the family of James Arnold Chamberlin against the City of Hernando, its ambulance service, and volunteer EMT Barbara Wilroy. The plaintiffs alleged that Wilroy improperly ordered CPR to stop after responding to a cardiac arrest call on April 25, 1993, contributing to the decedent's death, and that the city was vicariously liable. The trial court dismissed the suit on the defendants' motion, and the Mississippi Supreme Court affirmed, holding that the Sovereign Immunity Act's one-year statute of limitations applied to the claim, which accrued after the Act's April 1, 1993 effective date. The court reasoned that the general three-year limitations period and discovery rule did not govern because the Act specifically controlled actions against political subdivisions, and the plaintiffs filed their complaint more than one year after the incident.

torts & liabilityprocedure