Probably 5-8 years ago, one our firm’s former law clerks called me with this story about my father today.
Dad told the clerk he wanted a Mississippi case on a very specific point. The clerk went looking, and, to his surprise, turns up a case on that exact issue. He pulls the book (because […]
The title of this post is a quote from Theo. Bilbo, and it’s a lesson a local lawyer (who will go herein unnamed. I’ll leave the revealing of his name to the advance sheets— is that what we’re still calling these things?– but would not that perhaps there are times when discretion might be […]
There’s a lot of mine-run stuff on the Court of Appeals decision lists this week– A workers comp case, an unemployment benefits case, and an odd little contracts case. In the contracts case, there’s an issue about attorneys fees and the way a notice of appeal and/or superseadeas divests a trial court of jurisdiction (on which […]
The headline news from today’s court of appeals decision list is a Roberts opinion reversing a conviction on a suppression issue joined by King, Irving, Griffis, Barnes, Ishee, and Maxwell, with Lee dissenting joined by Myers and Carlton.
The issue is what an officer can seize during a reasonable pat-down. Announcing a “plain feel” […]
Not much of interestin yesterday in the Court of Appeals– a couple of affirmances of rejections of post-conviction petitions, a couple of affirmances of criminal convictions, an affirmance of dismissal of a tort suit against a casino on statute of limitations grounds, and a case about what is a covered “non-owed” automobile under an […]
The Court of Appeals had one interesting one Tuesday (unless you want to make some obvious bathroom humor out of the workers comp case that literally turns on whether a worker’s injury happened when she slipped seating herself on the toilet or when her back went out when she was standing up from the […]
There are three cases with split opinions in last Tuesday’s court of appeals decisions list I’ll single out, one because I care about some of the issues (fiduciary relations, powers of attorney, wills, etc.. It’s an affirmance but with a dissent joined by two judges, splitting over a $35,000 to the benefit of the […]
There is one really interesting split opinion in the Mississippi Court of Appeals yesterday, Randolph v. State. The split is about the issue of procedural bar and waiver in criminal cases. The appeal is a pro se post-conviction petition (note that a pro se litigant drew four votes in dissent!) filed by Robert Stanley […]
The Court of Appeals decision list is out for this week. There are three civil cases, one about PERS disability in which Judge Carlton dissents without written opinion, leaving us in a state of perpetual mystery as to what might have been wrong with Judge Irving’s opinion. The other two cases are unanimous. There […]
On last Thursday, there was one opinion from the Mississippi Supreme Court. Anderson described it accurately in comments to an open thread, leading to some discussion (if you read it, ignore A.R.O.D.’s usual racist bloviating)– the plaintiff’s medical malpractice expert did not come through in his deposition (describing what he would have done as […]