Lenore L. Prather

Ike Farris, a Hattiesburg attorney, was charged with conspiring to defraud the conservatorship of Jack Diamond, a businessman incapacitated by strokes, along with co-defendants including a police officer and another lawyer, with a deceased chancellor and others named as unindicted co-conspirators. A Forrest County jury convicted Farris of conspiracy, resulting in a sentence of five years in custody with two years suspended, a $5,000 fine, court costs, probation, and disbarment. The Mississippi Supreme Court affirmed the conviction, holding that the indictment was sufficient, the evidence supported the jury's finding of Farris's participation in the conspiracy by a preponderance, and the trial court properly ruled on evidentiary admissions, motions to dismiss, and other procedural issues.

criminal law

This case involved a civil action brought by the Mississippi Attorney General on behalf of the City of Aberdeen and the Ethics Commission against City Manager Ralph Byars and his surety bond provider, alleging violations of state ethics laws (Miss. Code Ann. §§ 25-4-105(1), (3)(a), and (5)) arising from Byars's facilitation of city loans to a dentist who entered a lease-purchase agreement for Byars's property. The trial court dismissed all claims under Rule 12(b)(6), citing lack of alleged damages, failure to plead that Byars was a contractor or used confidential information for personal gain, and inapplicability of the bond to Byars's role as city manager. On appeal, the Mississippi Supreme Court affirmed dismissal only of the count under § 25-4-105(3)(a) regarding a material financial interest in a contractor but reversed and remanded on the remaining counts, holding that unspecified damages do not bar recovery, that the pleadings sufficiently raised issues of pecuniary benefit from official position, and that ambiguities in the bond required further proceedings rather than summary dismissal.

business & regulatoryprocedure

This case involved divorced parents disputing modification of a custody and visitation agreement for their infant son reached in December 1996, under which the mother had primary physical custody and the father had limited supervised visitation. Six months later the father sought to change custody or expand visitation, citing factors like the child's age and communication difficulties, and the chancellor modified the visitation schedule to grant the father substantially more time. The Court of Appeals affirmed, but the Mississippi Supreme Court reversed and reinstated the original agreement. The court held that the father had not produced sufficient proof of a material change in circumstances to justify amending the recent settlement so soon after it was reached.

family law

The case involved Johnny Dumas, who was indicted on multiple counts of cheating at blackjack under Mississippi Code § 75-76-301 by taking more than the amount won or altering game outcomes at the Lady Luck Casino, allegedly in concert with a dealer. After a jury trial featuring surveillance video and testimony from casino and gaming commission employees, Dumas was convicted on seven counts and sentenced to two years in prison plus a fine. On appeal, the Mississippi Supreme Court affirmed the convictions, holding that the evidence was sufficient for a reasonable jury to find guilt beyond a reasonable doubt, including the videotape depictions and Dumas's initial denial of knowing the dealer despite familial connections. The court rejected challenges to the sufficiency of the evidence and the denial of motions for directed verdict or new trial.

criminal law

William Barrett sued Harold Parker for negligence after Barrett's car struck one of Parker's cows on a county road in Mississippi, resulting in personal injuries. Following a jury trial that returned a verdict for Parker, the trial court entered judgment accordingly and denied Barrett's post-trial motions. Barrett appealed, arguing primarily that the trial court erred by limiting evidence of prior incidents involving Parker's cattle to those occurring within one year before the accident. The Supreme Court of Mississippi affirmed the judgment, holding that the trial court's evidentiary rulings were within its discretion and that any error did not prejudice Barrett. The court reasoned that evidence of prior similar incidents is admissible only if substantially similar and that the one-year limit did not constitute an abuse of discretion warranting reversal.

torts & liabilityprocedure

This case involves David H. Massey's third petition for reinstatement to the practice of law in Mississippi after his 1990 disbarment following a felony conviction for conspiracy to distribute 2,400 ecstasy pills and 10 grams of cocaine. The Supreme Court of Mississippi denied the petition. The court held that Massey could never demonstrate the requisite moral character for reinstatement, reasoning that his crime as a mature adult in positions of trust reflected an extreme disdain for the law and disregard for public welfare inherent to major drug distribution, with no possible circumstances sufficient to show rehabilitation under the standards requiring a clear demonstration of reformed character.

criminal lawprocedure