Civil Cases

Reynolds v. Allied Emerg. Services, PC, 193 So. 3d 625 (Miss. 2016) (Supreme Court ordered a new trial when it was discovered the jury received the wrong set of jury instructions)

Mississippi Commission on Judicial Performance v. Judge Gay Polk-Payton, No. 2016-JP-01685-SCT (June 15, 2017) (Supreme Court dismissed all charges against a judge for allegations of misconduct related to use of social media accounts)

Mississippi Valley Silica Co., Inc. v. Barnett, 2013-CA-01296-COA, 2016 WL 4444981 (Miss. Ct. App. Aug. 23, 2016) (jury verdict of $1.1 million dollars successfully defended on appeal)

Ivy v. East Mississippi State Hospital, 191 So. 3d 120 (Miss. 2016) (son’s claims for the death of his mother allowed to proceed because hospital was properly served)

Sanford v. Dudley, 196 So. 3d 1106 (Miss. Ct. App. 2016) (landowner’s dispute over damage to land could proceed because permission to withdraw requests for admission should have been granted)

Deans v. McColumn, 184 So. 3d 972 (Miss. Ct. App. 2015) (chancery court dissolution of a business successfully defended on appeal)

In re J.P., 151 So. 3d 204 (Miss. 2014) (constitutional rights of parents were violated when their child was imprisoned by a Youth Court and they were required to pay for it)

A Youth Court threw a teenager in a detention center even though it did not have the power to do so. When the minor was finally released, the trial court required the parents to pay for the costs of their child’s illegal incarceration. The parents appealed, and David was brought in to work with the Southern Poverty Law Center to argue what happened to the family was unconstitutional. The Supreme Court ruled that the trial court had violated the constitutional rights of the teenager and his parents. As a result, the parents no longer had to pay the sanction.

Lone Star Industries, Inc. v. McGraw, 90 So.3d 564 (Miss. 2012) (doctrines of election of the remedies, judicial estoppel, and claim splitting did not apply to case with multiple parties)

The Mississippi Supreme Court resolved several complex civil procedure issues in determining that the claims of a man diagnosed with silicosis could move forward. David worked on the briefs along with trial attorneys R. Allen Smith and the law firm of Porter & Malouf. David also presented oral argument before the Mississippi Supreme Court in this case.

Alfonso v. Gulf Pub. Co., Inc., 87 So.3d 1055 (Miss. 2012) (summary judgment not proper in intentional interference with contract case, reversing case for trial on the merits)

Closely-held family company Bay Jourdan Publishing had a contract to publish a local newspaper on the Mississippi Gulf Coast. The business alleged a larger company swept in and interfered with their contract to publish the paper. The trial court dismissed their case, and the family business retained David for the appeal. The Mississippi Supreme Court reversed and reinstated the suit against the larger company. The Court determined there was enough evidence that the company could have interfered with the family business for the parties to proceed to trial.

Clark Sand Co., Inc. v. Kelly, 60 So.3d 149 (Miss. 2011) (common law widow had potential standing to file a wrongful death lawsuit on behalf of common-law husband)

In this case David worked with attorney R. Allen Smith to help a widow obtain relief after her husband died as a result of silica exposure.

Lampton v. Diaz, 639 F.3d 223 (5th Cir. 2011) (federal prosecutor did not have prosecutorial immunity for illegally disclosing confidential financial data of former Mississippi Supreme Court Justice)

In this case David represented former Mississippi Supreme Court Presiding Justice Oliver E. Diaz, Jr., in his quest to hold a rogue U.S. Attorney liable for violating federal law. The Fifth Circuit upheld the ruling of the federal district court that former prosecutor Dunnica Lampton was not immune for illegally disclosing the confidential financial records of Justice Diaz and his wife, Jennifer. Mrs. Diaz was represented by legendary Mississippi lawyer and former Presiding Justice Charles R. “Chuck” McRae. Listen to the oral argument of the parties before the Fifth Circuit here:

Loyacono v. Travelers Ins. Co.,163 So. 3d 932 (Miss. 2014) (plaintiff entitled to new trial after jury heard prejudicial and irrelevant information)

Everyone agreed Kathryn was in a car wreck, and the only issue at trial was how badly she was hurt. The trial court allowed the jury to hear very prejudicial information that Kathryn's husband was a successful attorney, and the jury returned a bad verdict. David worked with prominent trial attorney Rocky Wilkins to get a new trial for Kathryn where a jury could give her a fair day in court.

In re Dissolution of Marriage of Hanlin, 164 So. 3d 445 (Miss. 2015) (husband not forced to pay post-divorce insurance for wife when agreement did not specifically require it)

James and Melanie divorced, and the property settlement agreement did not require him to pay for her health insurance. However, Melanie asked for contempt against James, and the trial court forced James to pay for her insurance costs. James brought David in to appeal that decision, and at first the Court of Appeals approved it. Ultimately, the Mississippi Supreme Court ruled that Melanie was not entitled to insurance benefits after the divorce. The Court also ruled that Melanie could have brought her arguments earlier.

Dailey v. McBeath, 151 So. 3d 1038 (Miss. App. 2014) (higher child support payments reversed)

Gregory's ex-wife wanted him to pay more child support, and a trial court ordered him to pay almost a third of his monthly income. On appeal, David argued that such a high rate violated state law, and that Gregory should not have to pay. The Court of Appeals reversed the increase in child support because the trial court did not make any factual findings that would support the rate.

Griffin v. Lee, 621 F.3d 380 (5th Cir. 2010) (district court did not have supplemental jurisdiction over claims of attorney against former client, voiding damages judgment against litigant)

In this complicated jurisdictional case, David worked with attorney Mary “Meg” McAlister to defend a Mississippi citizen from a large award of attorney’s fees issued from a Louisiana federal court.

Delta Housing Development Corp. v. Johnson, 48 So.3d 573 (Miss. Ct. App. 2010) (landowner's claim for ejectment against company and removal of company’s structure from her property affirmed)

Along with Clarksdale attorney Derek Hopson and Jackson lawyers Drew and Melissa Martin, David successfully restored the property rights of a Delta woman which had been violated by a large company with government contracts.

Fields v. City of Clarksdale, 27 So.3d 464 (Miss. Ct. App. 2010) (firefighter deprived of due process when circuit court failed to allow him time to obtain hearing transcript)

This case saw a Delta firefighter attempting to get his job back, but the trial court refused to hear the case. The Court of Appeals agreed with David that the constitutional rights of the firefighter had been violated. Argued with Clarksdale attorney Derek Hopson and Jackson lawyers Drew and Melissa Martin.

Berg v. Johnson & Johnson Consumer Companies, Inc., 983 F. Supp. 2d 1151 (D.S.D. 2013) (woman alleging her ovarian cancer was from talcum powder usage was allowed to present product liability claims to a jury)

A team of lawyers from South Dakota and Mississippi represented a woman who was diagnosed with ovarian cancer. Scientific research showed that her use of talcum powder could have increased her risks of cancer. The federal court ruled that her claims for failure to warn were for a jury to consider.


Criminal Cases

Quincy Clayton v. State, 106 So.3d 802 (Miss. 2012) (defendant in murder trial entitled to alternative jury instruction for heat of passion)

A Laurel man was accused of killing his wife. At trial, he sought a jury instruction that he shot her in the heat of passion. The trial court refused to grant the instruction, and he was convicted. On appeal, a unanimous Supreme Court reversed the murder conviction. The Court held that that the heat-of-passion instruction was a proper statement of state law and was supported by the evidence. The Supreme Court ruled that a criminal defendant has the right to present an alternative theory of defense at trial. Because this right was violated, the man was granted a new trial.

Shephard v. State, 66 So.3d 687 (Miss. Ct. App. 2011) (new trial warranted for criminal defendant when trial court refused to sever case)

The Mississippi Court of Appeals agreed with David and Jackson attorney Drew Schimmel that a young Delta woman with no prior record should have received a new trial when the trial court made procedural errors that deprived her of her right to a fair trial.

Brown v. State, 39 So.3d 890 (Miss. 2010) (failure to tender accidental homicide jury instruction warranted reversal of murder conviction)

Mr. Johnny Brown had been convicted of murder by a Hinds County jury, but the trial court had refused to allow him to claim that the death of his girlfriend was a terrible mistake. The Supreme Court disagreed, and granted Mr. Brown a new trial so a jury could hear his defense.

Jackson v. State, 67 So.3d 725 (Miss. 2011) (thirty-year-old murder conviction could be challenged in trial court)

Thirty years ago, Robert Jackson mistakenly pled guilty to murder, and struggled for decades to have his day in court. On appeal, the Supreme Court agreed that the trial court should review his post-conviction relief claims that the indictment was flawed.

U.S. v. Whitfield, 590 F.3d 325 (5th Cir. 2009) (conviction of former Mississippi judge partially vacated as to federal program bribery conviction)

This landmark ruling from the Fifth Circuit addressed the convictions of Gulf Coast attorney Paul Minor and former Circuit Judge John H. Whitfield for bribery. David and Jackson attorneys Drew and Melissa Martin represented Judge Whitfield, and successfully argued that his conviction for misuse of federal funds was not supported by law or the facts. The Fifth Circuit partially reversed Judge Whitfield’s sentence as a result.