Smullins v. Smullins
77 So. 3d 119
Miss. Ct. App.2011Background
- Bradley and Shellie Smullins married in 2001; Devinn Smullins born November 24, 2001, during marriage; Shellie left the marital home in March 2008 with Devinn and her two daughters remaining with Bradley; trial court awarded Bradley sole physical custody with joint legal custody; DNA paternity testing in August 2008 showed Wendell Hunt as Devinn’s biological father; Shellie sought a new trial/motion for reconsideration based on newly discovered paternity evidence but the court denied it and affirmed Bradley’s custody after trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the denial of Shellie’s motion for a new trial was proper | Shellie asserts newly discovered DNA evidence warranted a new trial. | Bradley contends Shellie failed due diligence and the evidence was not new. | Denied; no abuse of discretion; evidence not newly discovered due diligence not met. |
| Whether Albright factors support Bradley’s custody award | Shellie argues Albright factors favor her due to prior care and moral fitness. | Bradley contends factors are balanced; court may weigh evidence as a close case. | Affirmed; Albright factors support Bradley’s custody; close case but supported. |
Key Cases Cited
- Moore v. Jacobs, 752 So.2d 1013 (Miss. 1999) (standards for granting a motion for a new trial based on newly discovered evidence)
- Sullivan v. Heal, 571 So.2d 278 (Miss. 1990) (due diligence required for newly discovered evidence)
- Diaz v. Methodist Hosp., 46 F.3d 492 (5th Cir. 1995) (treats on newly discovered evidence (federal context))
- Ag Pro, Inc. v. Sakraida, 512 F.2d 141 (5th Cir. 1975) (standard for new trial based on new evidence (cited by Mississippi court))
- Lee v. Lee, 798 So.2d 1284 (Miss. 2001) (Albright factors not a mathematical formula; discretionary weighing)
- Thurman v. Johnson, 998 So.2d 1026 (Miss. Ct. App. 2008) (Albright framework; custody close case admonition)
- Woodham v. Woodham, 17 So.3d 153 (Miss. Ct. App. 2009) (stability of home environment factor supported by staying in marital home)
- Estate of Taylor, 609 So.2d 390 (Miss. 1992) (presumption of legitimacy for child born during marriage)