241 So. 3d 629
Miss.2018Background
- Jason Hall’s conviction for accessory after the fact was reversed and vacated by this Court (Hall I). He then sued the State under Mississippi’s Wrongful Conviction and Imprisonment Act.
- This Court previously reversed the trial court’s grant of summary judgment for the State and remanded (Hall II).
- On remand Hall was awarded $126,507.00 under Miss. Code § 11-44-7(2)(a) for wrongful incarceration.
- The trial court awarded attorney’s fees equal to 25% of that award ($31,626.75) under § 11-44-7(2)(b), plus expenses; the parties did not contest the expenses award.
- Hall appealed, arguing the statute requires adding the 10%, 20%, and 25% figures (for filing, litigating, and appealing) when all conditions are met, rather than using them as a sliding scale.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| How to calculate attorney’s fees under Miss. Code § 11-44-7(2)(b) | Hall: the conjunction “and” is conjunctive; if claim is filed, litigated, and appealed the percentages (10% + 20% + 25%) should be aggregated | State: statute creates a three-tier sliding scale; use the percentage applicable to the stage at which the claim was resolved (10%, 20%, or 25%) | The Court held the statute creates a sliding scale; percentages are alternatives, not additive. 25% applies where claim is appealed |
Key Cases Cited
- Hall v. State, 127 So. 3d 202 (Miss. 2013) (reversed and vacated Hall’s conviction)
- Hall v. State, 187 So. 3d 133 (Miss. 2016) (reversed summary judgment for the State and remanded)
- Lutz Homes, Inc. v. Weston, 19 So. 3d 60 (Miss. 2009) (statutory interpretation reviewed de novo)
- Lawson v. Honeywell Int’l, Inc., 75 So. 3d 1024 (Miss. 2011) (apply plain meaning when statute is clear)