Another quiet week at the Mississippi Supreme Court.
Remember the discussion a while back about the demise of the presumption that a child born during a marriage was the child of the husband? Today, the Supreme Court, following statute, held that a “father” who signed a birth certificate and an order adjudicating child support [...]
I have read it twice, and read both opinions in dissent. The majority opinion of this case seems to be holding that, because the defendant had the burden of proof on a defense, the trial court erred in granting a defense directed verdict even though the only evidence supported the defense. The majority opinion [...]
… is the name “Sianquiz” on one of the orders. Beyond that, there’s a pro se divorce appeal, about which the most profound question is– Why wasn’t this assigned to the Court of Appeals, and there’s a criminal case in which the issues were either waived or are going to await a post-conviction claim of ineffectiveness. [...]
Anthony Thomas won a ruling that Count 2 of his indictment failed to charge a crime and that conviction was tossed. The conviction under Count 1 remained standing.
How hard is it going to be for Thomas’s lawyers to explain to him, “We won your case!” and “You’re still sentenced to life without parole!” [...]
In a unanimous order signed by Justice Pierce that I can only read as saying, “Enough of this bullshit, already,” the Supreme Court today cut off briefing and ruled on the interlocutory appeal in the open carry case, reversing and rendering and holding that the statute is not ambiguous.
After stating the familiar standard [...]
In today’s Mississippi Supreme Court decision list there’s a pretty unremarkable criminal affirmance– the court affirms 9-0 a two-issue appeal in a child molestation case. One issue was that the prosecutor had made an improper “send a message” argument, but defense counsel failed to object. The other issue was the introduction of “other crime” [...]
Here is Judge Brady’s* entire opinion in the 1966 case Ethridge v. Estate of Paul, 190 So. 2d 451 (Miss. 1966):
While considerable time has lapsed since this Court rendered decisions in Miller Transporters, Ltd. v. Johnson, 252 Miss. 244, 172 So.2d 542 (1965) and Fowler Butane Gas Co., Inc. v. Parish, 175 So.2d [...]
Last week, two sets of ads started running in the Northern District Supreme Court race. The first out (not available online) had animations of sharks swimming about and was full of vague but dark intimations about Flip Phillips suing local companies. The local companies not named, nor were the local companies Phillips represents.
My attention has been called to a sentence from a post-conviction opinion by Justice Carlson in a death penalty case in which the court remanded for a hearing on ineffective assistance of counsel: ”Contrary to the arguments of the State, even a murderer is entitled to the effective assistance of counsel.”
Am I take [...]
The Attorney General has filed a rehearing petition, and Kingfish has it at Jackson Jambalaya. It’s pretty interesting, and presents the best argument yet for the invalidity of the pardons. Here I disagree with Anderson, who doesn’t it adds much to Justice Randolph’s arguments in his dissent.
It starts with an odd statement: That [...]