MAXWELL , J. , for the Court: 1. Under Mississippi Rule of Evidence 408, evidence of an offer to settle a disputed claim is inadmissible when the purpose of the evidence is to prove the validity or invalidity of the claim or its amount. But the rule is clear that settlement evidence is admissible "when it is offered for another purpose." M.R.E. 408. Here, Judy Stratton Ussing offered evidence that her brother, Robert Stratton, paid her $10,000 for her to release him from "any and all...
IRVING , P.J. , for the Court: 1. A jury sitting before the Hinds County Circuit Court found Bryn Ellis guilty of murder. The circuit court sentenced Ellis to life in the custody of the Mississippi Department of Corrections. Ellis appeals and claims the circuit court erred when it allowed the prosecution to introduce an unavailable witness's prior testimony. Ellis also claims that the circuit court improperly allowed the prosecution to introduce hearsay statements into evidence. Finally,...
CARLTON , J. , for the Court: 1. An Alcorn County jury found James Johnson guilty of committing aggravated domestic violence by strangulation against his ex-wife, Volante Jones, on December 3, 2012. See Miss.Code Ann. 97-3-7(4) (Supp.2012). In appealing his conviction to this Court, Johnson raises the following issues: (1) whether the circuit court erred by admitting evidence of Johnson's prior bad acts; (2) whether the circuit court erred by not allowing Johnson to make a sufficient...
MAXWELL , J. , for the Court: 1. Justin Dominique Holmes was convicted of heat-of-passion manslaughter and attempted aggravated assault. The charges stemmed from him shooting one person to death and attempting to shoot another. On appeal, he challenges the sufficiency and weight of the evidence. He also argues that the indictment was improperly amended from aggravated assault to attempted aggravated assault and that his trial counsel was ineffective. After review, we find no error and...
BARNES , J. , for the Court: 1. Peggy McGrew was granted a divorce from Charles McGrew after his death. Although the chancellor signed the divorce judgment nunc pro tunc to a date prior to Charles's death, the divorce and division of property were not finally adjudicated until after he died. Because a divorce action that is not finalized while both spouses are living abates upon one spouse's death, the chancellor had no authority to grant the divorce after Charles's death. Therefore, we...
IRVING , P.J. , for the Court: 1. In this medical-malpractice case, we must determine whether the trial court erred in granting a directed verdict in favor of the defendants/appellees, Dr. Steven Harless and Hattiesburg Clinic P.A. We must also determine whether the trial court properly denied the plaintiff/appellant's motion to bifurcate the trial. PROCEDURAL HISTORY 2. On September 14, 2012, Vicky Debrow filed a medical-malpractice claim in the Lamar County Circuit Court against Dr....
CARLTON , J. , for the Court: 1. In November 2008, Officer Justin C. Maclain of the Brandon Police Department was responding to an emergency call when his patrol car struck a vehicle driven by Bradley A. McElroy Jr. McElroy died from his injuries, and his heirs at law and wrongful-death beneficiaries filed a lawsuit against the City of Brandon, Mississippi (the City), and Officer Maclain. 1 The City and Officer Maclain subsequently filed a summary-judgment motion, which the circuit...
FAIR , J. , for the Court: 1. Greg Davis was the mayor of Southaven from 1997 to 2013. In March 2011, one of the city aldermen alerted the State Auditor that the City had paid more than $34,000 toward what appeared to be marriage counseling for Davis and his wife at Psychological Counseling Services (PCS) in Arizona. In his efforts to get the City to pay for the counseling, Davis called PCS "Professional Services," and he alternatively referred to the counseling he received there as "...
MAXWELL , J. , for the Court: 1. Evidence that a criminal defendant attempted to intimidate a witness into not testifying against him is an incriminating circumstance, tending to show a guilty conscience. 1 For this reason, we find no error in the trial court admitting evidence that William Jordan and his codefendant, Charles Henderson, threatened the two eyewitnesses to Jordan's murder of Aaron Coleman by participating in a rap video about killing snitches-a video published on...
GRIFFIS , P.J. , for the Court: 1. Jermaine Rogers pleaded guilty to capital murder and received a life sentence without the possibility of parole. Rogers filed a petition for post-conviction collateral relief (PCCR), which the Rankin County Circuit Court dismissed. Rogers appeals. We find no error and affirm. FACTS AND PROCEDURAL HISTORY 2. On February 9, 2005, a Rankin County grand jury indicted Rogers and Deandre Dampier for capital murder and conspiracy to commit murder. As part...
GRIFFIS , P.J. , for the Court: 1. Steven Jacob Mahaffey appeals the Forrest County Chancery Court's decision granting summary judgment in favor of William Carey University. This case stems from William Carey's dismissal of Mahaffey as a student of the College of Osteopathic Medicine (COM). The chancellor found William Carey's dismissal of Mahaffey was not arbitrary or capricious. We find no error and affirm. FACTS AND PROCEDURAL HISTORY 2. Mahaffey enrolled in the first class at...
FAIR , J., for the Court: 1. Fred White, an at-will employee, sued his former employer, the Hinds County Human Resource Agency (HCHRA), and Kenn Cockrell, individually and in his capacity as president of HCHRA, for wrongful termination. White asserted his termination fell within one of the public policy exceptions provided in McArn v. Allied Bruce — Terminix Co., 626 So.2d 603 , (Miss.1993) 1 claiming he was fired because he refused to engage in illegal activity. He also brought...
GRIFFIS , P.J. , for the Court: 1. This appeal arises from a medical-malpractice wrongful-death claim. The circuit court granted a summary judgment based on the "wrongful conduct" rule. The Appellants argue that the court erred in the application of the "wrongful conduct" rule and erred in the consideration of hearsay statements to decide the summary judgment. We find reversible error and remand for further proceedings. FACTS 2. Defendant COPAC, Inc., doing business as COPAC Addiction...
CARLTON , J. , for the Court: 1. A Lafayette County jury convicted Duane John on six counts of DUI manslaughter. 1 John now appeals, arguing that the verdict was against the overwhelming weight of the evidence. John specifically argues that the trial court erred by allowing John's blood-alcohol test results to be entered into evidence. Finding no error, we affirm the trial court's judgment. FACTS 2. On the evening of December 28, 2012, John left his sister's house in Philadelphia,...
CARLTON , J. , for the Court: 1. Jimmy Gibbs appeals the Scott County Chancery Court's judgment settling a contract dispute in Rita Moody's favor. On appeal, Gibbs argues that the chancellor erroneously applied Mississippi caselaw to interpret a written contract between the parties. Finding no error, we affirm. FACTS 2. Gibbs owned a home and a lot in Forest, Mississippi. On June 7, 2010, he entered into a rent-to-own contract with Moody. Under the contract's terms, Gibbs agreed to...
ISHEE , J. , for the Court: 1. Tasha Davis filed a lawsuit on behalf of herself and the wrongful-death heirs of Callie Allyn Davis in the Jones County Circuit Court against the Jones County School District ("JCSD") for Callie's injuries and death following her fall in the parking lot of South Jones High School ("SJHS") on February 23, 2012. The circuit court granted summary judgment in favor of JCSD and dismissed the case. Aggrieved, Davis appeals. Finding no error, we affirm. STATEMENT...
ISHEE , J. , for the Court: 1. Adam Mitchell and Paige Mitchell are the parents of a son, Mann. After they separated, the issue of child custody was brought before the Lee County Chancery Court. Following a trial on the matter, the chancery court awarded physical custody of Mann to Adam and visitation to Paige. Aggrieved, Paige appeals. Finding no error, we affirm. FACTS 2. Adam and Paige were married on January 10, 2009. They lived in Tupelo, Mississippi, where Adam began working as...
CARLTON , J. , for the Court: 1. A Newton County jury convicted Calvin Hunter of two counts of attempted aggravated assault on a law enforcement officer. See Miss.Code Ann. 97-3-7(2) (Supp.2013). Hunter now appeals and argues that his convictions are against the overwhelming weight of the evidence. Finding no error, we affirm. FACTS 2. A grand jury indicted Hunter for two counts of attempted aggravated assault on a law enforcement officer. See Miss.Code Ann. 97-3-7(2). Each...
IRVING , P.J. , for the Court: 1. Rodney Williams, proceeding pro se, appeals from the judgment of the Chancery Court of DeSoto County that granted his wife, Courtney, a divorce on the ground of habitual cruel and inhuman treatment. He asserts that the chancellor erred in (1) excluding certain evidence, (2) granting the divorce, (3) failing to classify certain debts, (4) distributing the marital estate, (5) awarding Courtney periodic alimony, and (6) awarding Courtney attorney's fees. He...
FAIR , J. , for the Court: 1. Justin Springer was convicted of capital murder on May 6, 2011. Springer v. State, 89 So.3d 567 , 568 ( 1) (Miss. 2012). He was sentenced to life in the custody of the Mississippi Department of Corrections, without the possibility of parole. Id. On appeal, Springer argued that the verdict was contrary to the overwhelming weight of the evidence. Id. The supreme court affirmed his conviction. Id. 2. Following his appeal, Springer filed an...
