Legal Opinion · Dissent

Strickland v. Day

Mississippi Supreme Court

Decided April 5, 2018No. 2016–CA–01504–SCTPublished

1Dissent

RANDOLPH, PRESIDING JUSTICE, DISSENTING:

¶ 45. Time-tested maxims of trial practice and appellate review constrain me to depart from opinions of my fellow justices. First, due process requires that courts may not adjudicate rights or liabilities of persons not made parties to a proceeding. See Baker by Williams v. Williams , 503 So.2d 249, 254 (Miss. 1987) ("[A] decree in equity cannot adjudicate the rights or liabilities of persons not parties to the proceeding."). The next fundamental tenet is that appellate review is constrained to the trial court record presented on appeal.8 See Copeland…

2Cases cited11 opinions

  1. Albright v. AlbrightMississippi Supreme Court · 1983
  2. Bredemeier v. JacksonMississippi Supreme Court · 1997
  3. Baker by Williams v. WilliamsMississippi Supreme Court · 1987
  4. Logan v. LoganMississippi Supreme Court · 1998
  5. In re the Adoption of a Minor ChildMississippi Supreme Court · 2006

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