Michael D. Sullivan

The case involved a dispute over whether a circuit judge could refuse the prosecutor's motion to dismiss two indictments against Stephanie and Mike Timmons for drug offenses, where the dismissals were part of a plea agreement approved by a different judge in the same court. The Mississippi Supreme Court held that the judge abused her discretion in denying the nolle prosequi motion. The court reasoned that although the district attorney should have obtained consent from both judges under Mississippi Code § 99-15-53 before entering the plea deal, the defendants had detrimentally relied on the agreement by pleading guilty to other charges, binding both the prosecutor and the court to dismiss the remaining indictments.

criminal lawprocedure

The case was a direct appeal by Tommie Weatherspoon from his conviction for possession of cocaine, for which he was sentenced to three years in prison following a jury trial in Madison County Circuit Court. Weatherspoon challenged the trial court's denial of funds for a fingerprint expert to examine matchboxes containing the drugs, the exclusion of evidence regarding his willingness to take a polygraph test, and the prosecutor's closing argument that likened individual rocks of crack cocaine to specific crimes such as murder, burglary, and rape. The majority of the Mississippi Supreme Court reversed the conviction and remanded for a new trial, holding that the prosecutor's remarks were improper, the trial court's sustaining of the objection was insufficient to cure the prejudice, and the comments likely affected the verdict. On the fingerprint expert request, the court found no abuse of discretion in denying it because matchboxes are unlikely to yield usable prints and the results would not have resolved the factual dispute created by the officer's testimony versus the defendant's denial. Dissenting opinions addressed the polygraph issue and argued that the closing argument did not warrant reversal given the strength of the evidence.

criminal lawprocedure

In Chevalier v. State, Mark Chevalier was convicted of kidnapping his estranged wife Karen after he forcibly took her and their child from a doctor's office parking lot, drove away despite police intervention, and later hid with her at his mother's house. The Mississippi Supreme Court reversed the conviction and remanded for further proceedings, holding that the trial court erred by permitting the State to amend the indictment mid-trial to remove the word "secretly," which altered a substantive element of the charged offense under Mississippi Code Section 97-3-53. The court also found reversible error in the jury instructions, which failed to adequately set forth the required elements of kidnapping, including the intent to secretly confine the victim. Other issues raised on appeal, such as the exclusion of certain testimony and sentencing, were addressed but did not affect the reversal.

criminal lawprocedure

This case involves Kendrick Berry's appeal from his robbery conviction and sentence in Mississippi state court after he pled guilty to the reduced charge in exchange for a recommended suspended sentence. After discovering Berry's prior felony conviction, the trial court ruled the initial oral suspended sentence invalid under state law prohibiting such sentences for felons, denied Berry's motion to withdraw his guilty plea, and resentenced him to five years in prison. Berry argued on appeal that he should have been allowed to withdraw his plea, but the Mississippi Supreme Court held it lacked jurisdiction to review the plea itself on direct appeal and could only consider the sentence. The court affirmed the five-year sentence, finding it fell within the statutory maximum of fifteen years for robbery and was therefore valid and within the trial court's discretion. The court noted that challenges to the plea would need to be raised in a separate post-conviction relief proceeding.

criminal lawprocedure

James C. Steele petitioned the Mississippi Supreme Court for reinstatement to the practice of law after a six-month suspension for violating multiple Mississippi Rules of Professional Conduct, including failures to follow client objectives, act diligently, keep clients informed, charge reasonable fees, return a retainer, and cooperate with disciplinary authorities in a grandparents' visitation matter. The court granted the petition for reinstatement. It determined that Steele had satisfied Rule 12's jurisdictional requirements by completing restitution payments, paying investigatory fees, demonstrating legal learning through continuing education and research, and showing rehabilitation and remorse via character references and personal statements, even though the Bar took no position on the petition.

procedure

The case concerned a dispute over the City of Durant's award of a public construction contract to King Metal Buildings, Inc., the lowest bidder, whose sealed bid envelope lacked the contractor's Certificate of Responsibility number on the exterior as required by Miss. Code Ann. § 31-3-21, despite the number appearing inside the bid documents. Laws Construction Co., the second-lowest bidder, protested the award, and the circuit court ruled the bid invalid, holding that the City violated the statute by opening and considering it; because the project was substantially completed during the appeal, the court awarded Laws compensatory damages, costs, and attorneys' fees instead of the contract. On appeal to the Mississippi Supreme Court after rehearing, the majority opinion addressed the validity of the circuit court's judgment, while a dissent argued that the procurement statute does not authorize a private damages action by an unsuccessful bidder against the governmental entity.

business & regulatoryprocedure