Tag: foreclosure

October 13, 2023, opinions

October 16, 2023

Designated for publication Smith, J. (Smith, Southwick, Higginson), criminal, expert witness Affirming conviction of sex trafficking of a child, upholding introduction of evidence pulled from defendant’s cell phone using Cellebrite technology without the investigator through whose testimony the evidence was submitted being first qualified as an expert witness. The Court rejected the defendant’s argument that … More October 13, 2023, opinions

October 12, 2023, opinions

October 13, 2023

Designated for publication Duncan, J. (Wiener, Southwick, Duncan), First Amendment Vacating preliminary injunction against enforcement of city ordinance regulating aspects of operations, including business hours, of sexually-oriented businesses, and remanding for further proceedings. The Court summarized, “Under longstanding Supreme Court precedent, the Ordinance is likely constitutional. The City’s evidence reasonably showed a link between SOBs’ … More October 12, 2023, opinions

September 26, 2023, opinions

September 28, 2023

Designated for publication Duncan, J. (Duncan, Wilson, Schroeder, by designation), criminal, attorney-client privilege Affirming convictions of defendant on numerous drug offenses related to ownership of pharmacy that was essentially an illegal pill mill; upholding use of audio recordings by the prosecution (though not used at trial) that defendant asserted intruded into his privileged conversations with … More September 26, 2023, opinions

May 11-16, 2023, opinions

May 19, 2023

Designated for publication Higginson, J. (Richman, King, Higginson), criminal, sentencing, Speedy Trial Act Affirming convictions and 540-month sentence for armed robberies of cell phone stores. The Court held that there was no Speedy Trial Act violation where the defendant’s counsel sought a continuance on the indictment past the Act’s 30-day deadline, holding that the Government … More May 11-16, 2023, opinions

May 10, 2023, opinions

May 11, 2023

Designated for publication Elrod, J. (Dennis, Elrod, Duncan), Dennis, J., dissenting in part; Duncan, J., dissenting in part; legislative privilege, appellate jurisdiction, standing Affirming district court’s order that Mississippi legislators must provide a privilege log for documents they contend are subject to the legislative privilege, but reversing district court’s order that the legislative privilege is … More May 10, 2023, opinions

April 18, 2023, opinions

April 19, 2023

Designated for publication Clement, J. (Smith, Clement, Wilson), insurance Affirming summary judgment in favor of insurer on homeowners’ suit for coverage for mold-related losses. Unpublished per curiam (Jones, Haynes, Oldham), criminal, restitution Affirming denial of writ of coram nobis as a collateral attack on restitution order. per curiam (Stewart, Dennis, Willett), prisoner suit Affirming dismissal … More April 18, 2023, opinions

March 9-10, 2023, opinions

March 13, 2023

Designated for publication Higginbotham, J. (Higginbotham, Higginson, Oldham), Oldham, J., dissenting in part; qualified immunity Dismissing for lack of appellate jurisdiction officers’ appeal of denial of qualified immunity summary judgment on plaintiff’s excessive force claim against one officer, false arrest claim against four officers, and fabrication of evidence claim against another officer, arising from the … More March 9-10, 2023, opinions

February 10, 2023, opinions

February 13, 2023

Designated for publication Smith, J. (Jones, Smith, Graves), sec. 1983 Affirming summary judgment dismissal of plaintiff’s sec. 1983 deliberate indifference and state-law tort claims arising from the prison suicide of the father of her children. Unpublished per curiam (Graves, Ho, Duncan), foreclosure Affirming dismissal of claims arising from mortgage foreclosure. per curiam (Stewart, Dennis, Southwick), … More February 10, 2023, opinions

January 30, 2023, opinions

January 31, 2023

Designated for publication Smith, J. (Jones, Smith, Graves), insurance, COVID-19 Affirming dismissal of helicopter services company in dispute arising from claim against its all-risk insurer to recover economic losses from the partial interruption of business during the pandemic. The Court held that the requirement for “direct physical loss of or damage” to property as an … More January 30, 2023, opinions

January 16, 2023, opinions

January 17, 2023

Unpublished per curiam (Jones, Southwick, Ho), foreclosure, mootness Dismissing as moot appeal from suit arising from a mortgage foreclosure suit. per curiam (Wiener, Elrod, Engelhardt), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Wiener, Elrod, Engelhardt), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Stewart, Dennis, Willett), criminal Granting … More January 16, 2023, opinions