James Earl Graves jr

This case involved the Mississippi Bar seeking to disbar attorney John H. Whitfield following his felony convictions in federal district court. After the Fifth Circuit affirmed some convictions and the U.S. Supreme Court denied certiorari, the Bar moved for disbarment under Rule 6 of the Mississippi Rules of Discipline. The Mississippi Supreme Court granted the motion, permanently disbarring Whitfield from practicing law in the state. The decision was based on the finality of the criminal convictions and the applicable disciplinary rules requiring disbarment for such offenses.

criminal lawprocedure

The case involved Thelma Koestler, who voluntarily admitted herself to a mental health facility for depression treatment in October 2006 but claimed she was held against her will after requesting release, leading her to sue the facility, doctors, and staff for false imprisonment, assault and battery, invasion of privacy, intentional infliction of emotional distress, and loss of consortium. After filing an initial complaint on October 1, 2007, she voluntarily dismissed it without prejudice under Mississippi Rule of Civil Procedure 41 and refiled an identical complaint the next day. The trial court granted the defendants' motion for summary judgment on the ground that the claims were barred by the one-year statute of limitations under Mississippi Code Section 15-1-35. The Mississippi Supreme Court affirmed, holding that the voluntary dismissal meant the filing of the first complaint did not toll the limitations period, which had already expired months before the second complaint was filed. The court applied de novo review to both the summary judgment and statute-of-limitations issues and rejected arguments that the rule was unfair or newly applied.

proceduretorts & liability

The case involved the Mississippi Bar seeking disciplinary action against attorney Bobby B. DeLaughter after he pleaded guilty in federal court to one count of attempting to obstruct, influence, and impede an official proceeding. The court considered the formal complaint and noted that DeLaughter had been sentenced to eighteen months in prison following his felony conviction. Because the conviction was for a felony and no appeal was filed, the Mississippi Supreme Court ordered that DeLaughter be permanently disbarred from the practice of law in the state, along with related notifications and cost assessments.

criminal lawprocedure

Eric Snow, who had been convicted of capital murder and sentenced to death for killing two sheriff's deputies while escaping custody, filed a motion for post-conviction relief. He primarily argued that he is mentally retarded and therefore ineligible for the death penalty under the Eighth Amendment, citing the U.S. Supreme Court's intervening decision in Atkins v. Virginia. The Mississippi Supreme Court granted Snow leave to seek an evidentiary hearing in the trial court on the mental retardation issue, finding that his expert affidavit with IQ scores of 75 or below and evidence of adaptive deficits met the threshold requirements established in Chase v. State. The court denied all other claims, including requests for resentencing under Ring v. Arizona, ineffective assistance of counsel, and challenges to jury instructions on aggravating circumstances, as they were either without merit or procedurally barred.

criminal law

This case concerned a claim for unemployment compensation benefits filed by a correctional officer discharged for unexcused absences. After the employer did not participate in a telephonic hearing before an appeals referee, the referee awarded benefits to the employee; the employer then filed an appeal to the Board of Review three days after the statutory deadline. The Board dismissed the appeal as untimely, but the circuit court reversed that dismissal and remanded the case. The Mississippi Supreme Court reversed the circuit court and reinstated the Board’s decision, holding that the fourteen-day appeal period under Miss. Code Ann. § 71-5-519 is strictly enforced, the employer received notice of the referee’s decision, and the employer failed to demonstrate good cause for the late filing, rendering the referee’s award final.

labor & employmentprocedure

This case involved biological paternal grandparents Henry and Barbara Parker seeking court-ordered visitation with their granddaughter Shelby after her maternal grandparents, Christine and Carroll Woodell, adopted her and later denied contact. The Harrison County Chancery Court granted the petition under Mississippi's grandparents' visitation statute, determining that the Parkers had established a viable relationship with the child, that the Woodells had unreasonably restricted access, and that visitation served the child's best interests. The Mississippi Supreme Court affirmed, upholding the chancellor's findings based on evidence of prior financial support, overnight visits, and gifts from the Parkers, while rejecting claims that the adoption automatically terminated all grandparent rights. A dissent argued that the ruling improperly disregarded the adoptive parents' fundamental rights without a showing of unfitness.

family law