Kenny F. Edmonson d/b/a Onyxs Sounds LLC v. State of Mississippi;, 301 So.3d 108

In July 2016 Edmonson wrote a $5,867.50 check from an ONYXS Sounds LLC account to Hub Refrigeration as a down payment; the work was completed but the check was returned for a closed/insufficient funds account and Hub was unpaid.
Edmonson opened the ONYXS Sounds account on May 17, 2016, deposited $100, was sole authorized signer, then wrote several checks that produced NSF fees; the account was closed June 20, 2016.
He was indicted (as “Kenny F. Edmonson d/b/a ONYXS Sounds, LLC”) for check fraud under Miss. Code Ann. § 97-19-55 and tried April 2, 2018; Edmonson represented himself at trial.
The State introduced bank records and the Hub owner’s testimony showing the check was drawn on the closed account and never paid; Edmonson offered minimal defense testimony and did not subpoena other witnesses.
A jury convicted Edmonson; the circuit court sentenced him to three years (two years to serve, remainder in a restitution program) and ordered restitution.
On appeal, appellate counsel filed a Lindsey brief finding no arguable issues; Edmonson filed a pro se supplemental brief challenging the indictment’s form and claiming LLC protection from personal liability. The Court of Appeals affirmed.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Edmonson)	Held
Sufficiency of indictment (naming)	Indictment specifically names "Kenny F. Edmonson" and gives adequate notice; "d/b/a ONYXS Sounds, LLC" is surplusage	Indictment is legally insufficient because it charges “Kenny F. Edmonson d/b/a ONYXS Sounds, LLC” rather than naming him individually	Affirmed — indictment sufficient; naming provided adequate notice and the d/b/a language was surplusage
Personal liability / LLC veil	Edmonson, as sole signatory, wrote a check on a closed/undercapitalized account with knowledge of insufficiency — evidence of fraudulent intent supports holding him personally liable	He cannot be held personally liable because the check was written on the LLC account ("LLC shield")	Affirmed — veil pierced/LLC shield inapplicable where evidence shows use of the entity to perpetrate fraud and undercapitalization; personal liability upheld
Allegation judge committed perjury re: bail denial	Trial court recorded and filed valid reasons for denying bail pending appeal under applicable rule/statute	Edmonson asserted the trial judge lied (perjury) when bail was denied	No merit — no record support; trial court provided seven stated reasons for denial; assertion presents no arguable appellate issue

Lindsey v. State, 939 So. 2d 743 (Miss. 2005) (procedure when appellate counsel finds no arguable issues)
Jackson v. State, 170 So. 2d 438 (Miss. 1965) (elements of passing a bad check)
Johnson & Higgins of Miss. Inc. v. Comm’r of Ins. of Miss., 321 So. 2d 281 (Miss. 1975) (corporate identity will not be maintained where doing so would subvert justice)
Stanley v. Miss. State Pilots of Gulfport Inc., 951 So. 2d 535 (Miss. 2006) (piercing veil appropriate where corporation used to perpetuate fraud)
Grand Legacy LLP v. Gant, 66 So. 3d 137 (Miss. 2011) (veil not pierced where no evidence of fraud or undercapitalization)
Rest. of Hattiesburg LLC v. Hotel & Rest. Supply Inc., 84 So. 3d 32 (Miss. Ct. App. 2012) (LLC treated like corporation for veil-piercing analysis)
Johnson v. State, 224 So. 3d 66 (Miss. 2016) (sufficiency review views evidence in light most favorable to State)
Champluvier v. State, 942 So. 2d 145 (Miss. 2006) (limitation on certain embezzlement statutes when victim is an LLC)