Oral arg. – Miss.S.Ct. – June 29, 2015

At 10:30, Monday, June 29, 2015, the Court will hear the case of In the matter of the Mississippi Medicaid Pharmaceutical Average Wholesale Pricing Litigation: Sandoz v. State of Mississippi  The State of Mississippi sued Sandoz over the price of generic drugs manufactured and sold wholesale  by Sandoz to Mississippi pharmacies.  The State contends that the…

Decisions – Miss.S.Ct. – June 25, 2015

Jourdan River Estates v. Scott Favre, Cindy Favre and Jefferson Parker –  12(b)(6) versus summary judgment –  Jourdan River Estates was planning a 472 unit development on 269 acres  north of I-10 in Hancock County.  It filed several lawsuits against persons it blames for its failure to develop the property.  One case has already been to the…

Decisions – COA- June 23, 2015

William Henderson v. State – timing of proof of priors for habitual – Henderson was convicted of the statutory rape of his 13-year-old cousin and sentenced to 30 years without parole as an habitual.  He first argues that the court erred in admitting a letter that he was alleged to have written in jail and…

Oral arg. – Miss.S.Ct. – Tues., June 23, 2015

at 10:30 the Court will hear the death penalty case of Eddie Lee Howard v. State Howard was convicted of murder of 84-year-old Georgia Kemp.  She was found dead from two stab wounds. after neighbors saw smoke coming from her house in Columbus, Mississippi. According to Dr. Steven Hayne, even though no semen was found, her…

Oral arg. – Miss.S.Ct. – Mon., June 22, 2015

At 1:30, Monday, June 22, 2015, the Mississippi Supreme Court will hear the case of Samuel Allen Nuckolls v. State Nuckolls was convicted after a bench trial  of thirteen  separate counts of video voyeurism pursuant to Mississippi Code Annotated §97-29-63. Any person who with lewd, licentious or indecent intent secretly photographs, films, videotapes, records or…

Decisions – Miss.S.Ct. – June 18, 2015

Miss. Comm’n on Judicial Performance v. Talmadge Littlejohn – judicial misconduct –  The case arises out of a divorce heard by the judge in February 2012.   The order required the husband, Ronald Brooks, to pay $15,000 to his ex to buy a car for their child.  He was also ordered to pay $1750.00 in…

Decisions – COA – June 16, 2015

Maagen White v. Christopher White –  custody/false allegations of abuse – The Whites divorced in 2012 and had the court decide custody of their five year old son and four year old daughter.  Prior to the final decision,  Maegan filed a motion to suspend visitation, alleging that Christopher had inappropriately touched Harley.  The court suspended Christopher’s…

Oral arg. – Miss.S.Ct. – Monday, June 15, 2015

At 1:30 the Court will hear the case of Randy Braswell v. Ergon Oil Purchasing. Braswell entered into a series of contracts in which he agreed to sell all of his oil production in Amite County and Pike Countyi to Ergon.  In 2012, Braswell filed a lawsuit alleging that Ergon fraudulently  misrepresented that he would receive a…

Marijuana legalization proponents and the First Amendment

A hard working group of Mississippians lead by Kelly Jacobs of Hernando have been gathering signatures in support of a ballot initiative (No. 48) to legalize marijuana.  I’ve signed it because I can’t imagine a rational world where alcohol is legal and marijuana is not. Supporters have been collecting signatures all over the state (they…

Decisions – Miss.S.Ct. – June 11, 2015

Andy Brown v. State –   Weathersby, etc. – 28-year-old Andy Brown was convicted of stabbing to death his 67-year-old neighbor Earlie Balford with a screwdriver.  Brown’s mother would regularly provide dinner for  Balford.  When Andy delivered it on April 12, 2012, he claimed Balford lunged at him with a screwdriver and in the ensuing struggle, Balford was stabbed…