Mississippi Court of Appeals Decisions of March 31, 2026

The Mississippi Court of Appeals closed out the month with eleven opinions yesterday. The decisions cover felonies, workers’ comp, real property, termination of parental rights, domestic abuse protection order, heirship, foreclosure/service of process, rezoning , and PCR.

Muhammad v. State, 2024-KA-00440-COA (Criminal – Felony)
Reversing conviction of one count of aggravated domestic violence, holding that the trial court abused its discretion in admitting evidence of prior bad acts and that the defendant was prejudiced by the ruling.
(8-1-1: Lassitter St. Pe’ for the Court; Lawrence concurred in part and in the result without writing; Emfinger concurred in part and dissented in part without writing)

Braxton v. State, 2025-CP-00051-COA (Civil – PCR)
Affirming the denial of a PCR motion, holding that the trial court did not err in finding that the arguments were waived by pleading guilty.
(10-0: Weddle for the Court)

Morris v. State, 2024-CP-00580-COA (Civil – PCR)
Affirming the summary denial of a PCR motion, holding that the trial court did not err in denying a preliminary hearing and that the substantive arguments were without merit.
(8-2-0: Emfinger for the Court; Westbrooks and McDonald concurred in result only without writing)

Jones v. Brown, 2025-CA-00031-COA (Civil – Other)
Affirming the chancellor’s decision on a petition to determine heirs, holding that the chancellor did not err in finding that the putative heir did not prove heirship by clear and convincing evidence.
(6-4-0: Emfinger for the Court; McCarty and Weddle concurred in part and in the result without writing; Westbrooks and McDonald concurred in result only without writing)

Sievers v. Faucheaux-Sievers, 2024-CA-01112-COA (Civil – Domestic Relations)
Affirming the chancery court’s decision issuing a new domestic abuse protection order, holding that the chancellor did not abuse her discretion in entering a final protection order and that the defendant was not entitled to a voluntary dismissal.
(9-1-0: Lawrence for the Court; Wilson concurred in result only without writing)

Armstrong v. State, 2024-KA-01217-COA (Criminal – Felony)
Affirming conviction of two drug charges, holding that the trial court did not err in denying a motion to suppress evidence found pursuant to two search warrants.
(9-1-0: Lawrence for the Court; Wilson concurred in part and in the result without writing)

J.R.M. v. Warren County Dept. of CPS, 2024-CA-00984-COA (Civil – Other)
Affirming the youth court’s termination of parental rights, holding that there was sufficient evidence to support the youth court’s finding that the father failed to exercise reasonable visitation.
(10-0: Wilson for the Court)

Smith v. Dennis Wright & Son Plumbing, 2025-WC-00046-COA (Civil – Workers’ Compensation)
Affirming the Commission’s decision, holding that there was substantial evidence to support the Commission’s finding that the claimant did not sustain a compensable left shoulder injury.
(10-0: Carlton for the Court)

Note/Disclosure – I handled this appeal for the Employer/Carrier.

Taylor v. State, 2024-KA-00280-COA (Criminal – Felony)
Affirming conviction of one count of sexual battery and one count of gratification of lust against a minor, holding that the arguments that the indictment was defective for overbreadth and vagueness were waived and without merit, that arguments that hearsay testimony was not properly admitted for lack of a proper tender-years hearing were waived and without merit, and that arguments that the State improperly bolstered testimony was waived for lack of objection.
(9-1-0: Barnes for the Court; McCarty concurred in part and in the result without writing)

OneWest Bank, FSB v. Brown-Wood, 2024-CA-01125-COA (Civil – Real Property)
Affirming the chancellor’s decision in a foreclosure matter, holding that the chancellor did not err in granting a motion to set aside a prior order granting an extension of time to serve process, denying a motion for leave to amend, or in dismissing a complaint for judicial foreclosure.
(10-0: Barnes for the Court)

Feather v. City of Saltillo, 2024-CA-00831-COA (Civil – Other)
Affirming the circuit court’s decision to affirm the City’s approval of a rezoning application, holding that the Board’s decision that a public need existed was “fairly debatable” and would not be disturbed on appeal.
(5-4: Westbrooks for the Court; Emfinger dissented without writing; Wilson dissented, jioned by Carlton, McCarty, and Emfinger; Weddle did not participate)

Other Orders

  • J.T.S. v. M.L.S., 2024-CA-00023-COA (denying rehearing)
  • CNRS&Z Inc., v. Bridgecrest Acceptance Corporation, 2024-CA-00365-COA (denying rehearing)
  • Shelton v. State, 2024-CA-00435-COA (denying rehearing)
  • Chavers v. State, 2024-KA-00551-COA (denying rehearing)
  • Estate of Dorsey v. Matory, 2024-CA-00925-COA (denying rehearing)
  • Rasbeery v. State, 2024-KA-01005-COA (denying rehearing)

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Mississippi Supreme Court Decisions of March 26, 2026

The Mississippi Supreme Court handed down four opinions today. Two are med mal cases, one of which addresses the application of statutory immunity for medical treatment during the COVID state of emergency. The other med mal case was up on an arbitration issue. The other two cases are direct criminal appeals. There is a judicial performance matter among the “other orders.”

Secrist v. Rush Medical Foundation, 2024-CA-01034-SCT (Civil – Med Mal)
Affirming the dismissal of a medical malpractice case, holding that the trial court did not err in finding that the defendant medical providers were immune under section 11-71-7 (Supp. 2025) which provides legal immunity for healthcare providers for healthcare services performed during the COVID-19 state of emergency.
(4-2: Griffis for the Court; Coleman specially concurred, joined in part by Randolph, Ishee, Griffis, and Sullivan; King concurred in result only without writing; Branning did not participate)

Note – Coleman’s specially concurred to discuss the role of legislative history in judicial decision-making:

…

Mallette v. Revette, 2024-CA-01277-SCT (Civil – Wrongful Death)
Affirming the circuit court’s denial of a motion to compel arbitration, holding that the trial court’s finding of fact regarding the authenticity of the signature was entitled to deference, that the defendants did not carry their burden of proving actual authority, and that direct-benefits estoppel did not apply.
(7-0: Coleman for the Court)

Gardner v. State, 2023-CT-00903-SCT, consolidated with 2018-KA-01337-SCT (Criminal – Felony)
Affirming in part and reversing in part the Court of Appeals and reinstating and affirming the circuit court’s judgment, holding that the argument that the trial court erred by admitting prior felony convictions into evidence was procedurally barred by failure to object at trial and that there was no plain error.
(4-2-1: Randolph for the Court; Coleman concurred in part and in the result without writing; King dissented, joined by Sullivan and joined in part by Coleman)

House v. State, 2024-KA-01432-SCT (Criminal – Felony)
Affirming conviction of first-degree murder, holding that the verdict was supported by sufficient evidence and that the verdict was not against the overwhelming weight of the evidence.
(7-0: Coleman for the Court)

Other Orders

  • In Re: Gibson, 2024-CP-01303-SCT (per curiam affirmance)
  • In Re: Local Rules, 89-R-99015-SCT (granting motion to rescind a local rule in the First Chancery District)
  • Taylor v. State, 2023-CT-00738-SCT (denying cert)
  • Dew v. Greenwood Leflore Consolidated School District, 2024-CA-00067-SCT (denying rehearing)
  • Mississippi Commission of Judicial Performance v. Littleton, 2026-JP-00306-SCT (suspending a county court judge without pay pending further order of the Court)

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Mississippi Supreme Court Decisions of March 12 and March 19, 2026

I am a bit behind because I was out of the office last week, and yesterday I had court in Neshoba County. The Mississippi Supreme Court handed down one opinion last week and six opinions this week. Last week’s opinion was an election context. Of the six this week, three were dismissals of appeals from youth court restitution orders, two were appeals of felony convictions (with one reversal) and the other was a real property case.

March 12, 2026

Randle v. Ivy, 2025-EC-00299-SCT (Civil – Election Contest)
Affirming the special judge’s decision in an election contest, holding that the issue was moot after the election and that there was substantial evidence to support the decision that the primary-election candidate did not meet the residency requirement.
(7-0: King for the Court)

Other Orders

  • Arbor Landing Homeowners’ Association, Inc. v. Rankin County Development Group, LLC, 2025-IA-01286-SCT (granting interlocutory appeal)

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March 19, 2026

In Re: Interest of L.L., A Minor, 2024-CA-00872-SCT (Civil – Juvenile Justice)
Dismissing appeal from a youth court restitution order, holding that the order was not a final, appealable order.
(6-1: Branning for the Court; King dissented without writing)

Gibson v. State, 2024-KA-01301-SCT (Criminal – Felony)
Reversing conviction of second degree murder, holding that the trial court abused its discretion in denying a jury instruction for excusable homicide.
(4-3: Sullivan for the Court; Randolph dissented, joined by Griffis and Branning)

In the Interest of R.H., a Minor, 2024-CA-00873-SCT (Civil – Juvenile Justice)
Dismissing an appeal of a restitution order from youth court, holding that it was not a final, appealable order.
(6-1: Griffis for the Court; King dissented without writing)

Hewitt v. TJM Properties, Inc., 2024-CA-01312-SCT (Civil – Real Property)
Affirming the chancellor’s dismissal of a claim for reimbursement and property-based claims by a developer who never acquired title to the subject property, holding that the chancellor did not err in finding that the plaintiff lacked a legally cognizable property interest.
(7-0: Ishee for the Court)

McDaniel v. State, 2025-KA-00202-SCT (Criminal – Felony)
Affirming conviction of second degree murder, holding that trial counsel was not ineffective for not requesting an accidental homicide instruction, that there was no abuse of discretion granting jury instruction on deliberate design, and that the conviction was not against the overwhelming weight of the evidence.
(7-0: Randolph for the Court)

In the Interest of D.G., a Minor, 2024-CA-00868-SCT (Civil – Juvenile Justice)
Dismissing an appeal of a youth court restitution order, holding that it was not a final, appealable order.
(6-1: Ishee for the Court; King dissented without writing)

Other Orders

  • Snyder v. Pilger, 2024-CT-00460-SCT (denying cert)
  • The Mississippi Bar v. Newcomb, 2025-BD-00835-SCT (suspending from the practice of law for two years retroactive to Aug. 22, 2022)
  • In Re: Administrative Orders of the Supreme Court of Mississippi, 2026-AD-00001-SCT (ordering (1) that the AOC shall be authorized to disclose to the Mississippi Commission on Judicial Performance information gathered in compliance with 2025 Extraordinary Session House Bill 38, Section 34, as well as any other information pertaining to youth courts that would reasonably lead to the investigation of judicial misconduct and (2) that the Commission shall not disseminate or otherwise disclose any information it receives from AOC pertaining to Youth Courts except as necessary to recommend discipline in accordance with the Rules of the Mississippi Commission on Judicial Performance)

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Mississippi Court of Appeals Decisions of March 17, 2026

The Mississippi Court of Appeals handed down nine opinions today. There is an MTCA notice case, an administrative case, a real property case, a personal injury case dismissed after experts were struck, a contract case, a felony, and a few PCR cases. Read on for summaries.

Ashby v. State, 2025-CP-00076-COA (Civil – PCR)
Affirming denial of motion for PCR, holding that the guilty plea was voluntary, knowing, and intelligent and that that ineffective assistance claims and constitutional claims were waived by pleading guilty.
(10-0: Lassitter St. Pe’ for the Court)

Kirk v. State, 2024-CA-01222-COA (Civil – PCR)
Affirming denial of PCR, holding that the guilty plea was voluntary and that the ineffective-assistance-of-counsel claim was without merit.
(10-0: Weddle for the Court)

Barnes v. City of McComb, 2024-CA-00989-COA (Civil – Wrongful Death)
Affirming dismissal of an MTCA wrongful death suit, holding that the trial court did not err in finding that City was not properly served with pre-suit notice.
(5-5: Lawrence for the Court; Wilson, Westbrooks, McDonald, and Emfinger dissented without writing; McCarty dissented, joined by Westbrooks, McDonald, and Emfinger, and joined in part by Wilson)

Failla v. Failla, 2025-CA-00020-COA (Civil – Real Property)
Reversing the chancery court’s decision denying a petition for prohibitive injunction regarding the placement of gate, holding that the chancellor erred in allowing the gate across land subject to an express easement.
(9-1-0: Lawrence for the Court; Wilson concurred in part and in the result without writing)

Bright Beginnings Daycare III and IV v. Miss. Dept. of Human Services, 2024-SA-01008-COA (Civil – State Boards & Agencies)
Affirming the chancery court dismissal of an appeal from an MDHS administrative hearing for failure to exhaust administrative remedies.
(9-1-0: Wilson for the Court; McDonald concurred in result only without writing)

Harris v. Davis, 2024-CA-01018-COA (Civil – Personal Injury)
Affirming the trial court’s grant of summary judgment after striking the plaintiff’s experts, holding that the trial court did not err in striking the expert’s report and opinions as based on speculation and conjecture, in granting summary judgment, or in denying a motion to reconsider prior order limiting discovery.
(6-4: Carlton for the Court; McDonald and McCarty concurred in part and in the result without writing; Wilson concurred in result only without writing; Westbrooks concurred in result only, joined in part by McDonald and McCarty)

Turner v. City of Tupelo, 2024-CA-01146-COA (Civil – Contract)
Affirming the trial court’s dismissal of a breach of contract claim and takings claim based on the statute of limitations, holding that the claims were barred by statutes of limitations (though calculating them differently than the trial court), that the ten-year statute of limitations in sections 15-1-7 and 15-1-9 did not apply, and that the trial court did not err in dismissing the case with prejudice.
(5-4: Carlton for the Court; McDonald dissented without writing; Wilson dissented, joined by McDonald, McCarty, and Emfinger; Weddle did not participate)

Brown v. State, 2024-KA-00741-COA (Criminal – Felony)
Affirming conviction of possession of meth, holding that the trial court did not err in finding the defendant competent to stand trial.
(9-1-0: Barnes for the Court; Westbrooks concurred in result only without writing)

Stringer v. State, 2024-CA-01247-COA (Civil – PCR)
Affirming the trial court’s denial of PCR, holding that the trial court did not err in denying a PCR motion for new trial based on a rifle recall.
(8-1-0: Barnes for the Court; Westbrooks concurred in result only without writing; Carlton did not participate)

Other Orders

  • Higdon v. Pinkston, 2023-CP-00685-COA (denying rehearing)

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Mississippi Supreme Court Decisions of March 5, 2026

The Mississippi Supreme Court handed down one opinion on Thursday in a direct criminal appeal.

The bigger news from yesterday is that the NCAA filed a petition for interlocutory appeal in the Trinidad Chambliss case. Trinidad’s lawyers have two weeks to file a response and then we wait for the Supreme Court to decide whether to allow an appeal of the preliminary injunction. I wrote about this process in an earlier post.

Vance v. State, 2025-KA-00444-SCT (Criminal – Felony)
Affirming conviction of first-degree murder, holding that trial counsel was not constitutionally ineffective by not objection to two jury instructions or for not requesting a manslaughter instruction other than culpable-negligence manslaughter, that the trial court did not err in sustaining an objection to the defendant’s question to a lay witness about whether she perceived the defendant was being abused at home, that the verdict was not against the overwhelming weight of the evidence and that the conviction was supported by sufficient evidence, and that the ineffective-assistance-of-counsel claim regarding a failed attempt to introduce security camera recording.
(7-0: Sullivan for the Court)

Other Orders

  • Harris v. State, 2023-M-00195 (denying application for leave to file motion for PCR, finding it frivolous, and restricting the petitioner from filing further applications in forma pauperis)
  • Buck v. State, 2024-CT-00025-SCT (denying cert)
  • Ralston v. Ralston, 2025-TS-01096 (denying emergency motion to for stay of incarceration)

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Mississippi Court of Appeals Decisions of March 3, 2026

The Mississippi Court of Appeals handed down eight opinions today. The Court covered a lot of ground, including termination of parental rights, partition of real property, UM coverage, unemployment benefits, and direct criminal appeals.

James W. v. Jackson County Dept. of Miss. Dept. of Child Protective Services, 2024-CP-00420-COA (Civil – Custody)
Affirming the youth court’s judgment terminating parental rights, holding that the youth court judge did not err in denying a motion to recuse, that the decision was based on clear and convincing evidence, and that the youth court did not abuse its discretion admitting evidence.
(9-0: Weddle for the Court; Lawrence did not participate)

Breland v. State, 2024-KA-01022-COA (Criminal – Felony)
Affirming conviction of first-degree murder and leaving the scene of an accident, holding that the conviction was supported by sufficient evidence and that there was no merit to the ineffective-assistance-of-counsel claim.
(9-1-0: Weddle for the Court; Wesbtrooks concurred in result only without writing)

Parker v. United Services Automobile Association, 2024-CA-01419-COA (Civil – Insurance)
Affirming judgment denying a motion for declaratory judgment regarding entitlement to uninsured motorist benefits, holding that the trial court did not err in finding that the plaintiff’s motorcycle going over an oily substance and crashing did not constitute “physical contact” under the policy.
(9-1-0: Weddle for the Court; McDonald concurred in part and in the result without writing)

Willis v. State, 2024-KA-01203-COA (Criminal – Felony)
Affirming convictions of three counts of possession of drugs and one count of trafficking, holding that the trial court did not abuse its discretion instructing the jury when the instructions were read as a whole or in denying a motion for new trial based on the doctrine of retroactive misjoinder, and holding that the verdict was not against the overwhelming weight of the evidence.
(9-1-0: Lawrence for the Court; Westbrooks concurred in result only without writing)

Winn v. State, 2024-KA-01280-COA (Criminal – Felony)
Affirming conviction of first-degree murder and conspiracy to commit murder, holding that the evidence was sufficient to support the conspiracy charge and that there was no merit to the claim that trial counsel was ineffective.
(8-2-0: McDonald for the Court; Wilson concurred in part and in the result without writing; Lawrence concurred in result only without writing)

Dupree v. Mississippi Department of Employment Security, 2025-CC-00144-COA (Civil – State Boards & Agencies)
Reversing the circuit court’s decision affirming an MDES decision denying unemployment benefits after the petitioner was terminated for testing positive for THC, holding that there was not sufficient evidence that the petitioner violated the City’s drug policy.
(6-1-3: Westbrooks for the Court; Emfinger concurred in result only without writing; Carlton dissented, joined by Barnes, and Lassitter St. Pe’)

Sloke v. Pierce, 2025-CA-00121-COA (Civil – Real Property)
Reversing the chancellor’s partition decision, holding that since the parties agreed that the final judgment erroneously attached an improper property description.
(10-0: Wilson for the Court)

Oates v. State, 2024-KA-00267-COA (Criminal – Felony)
Affirming conviction of capital murder, holding that the State produced sufficient evidnece of the defendant’s sanity at the time of the murder, that the verdict was not against the overwhelming weight of the evidence, and that the trial court did not abuse its discretion in admitting a gruesome autopsy photo.
(6-4: Weddle for the Court; Lassitter St. Pe’ concurred in part and dissented in part, joined by Westbrooks and McCarty and joined in part my McDonald; Westbrooks and McDonald dissented without writing)

Other Orders

  • Bumgardner v. State, 2024-KA-00090-COA (denying rehearing)
  • Ward v. State, 2024-KA-00341-COA (denying rehearing)
  • Carroll v. State, 2024-KA-00481-COA (denying rehearing)
  • Fields v. State, 2024-KA-00807-COA (denying rehearing)

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Double Issue: Mississippi Supreme Court Decisions of February 12 and February 26, 2026

The Mississippi Supreme Court handed down one opinion on February 12 (a direct appeal of a felony conviction) and one today (an annexation case). In addition to the opinions, there was no shortage of rulings on petitions for cert with a couple of grants in the mix.

February 12, 2026

Goods v. State, 2023-KA-00955-SCT (Criminal – Felony)
Affirming conviction of depraved-heart murder, holding that the trial court did not abuse its discretion in admitting autopsy photographs or in instructing the jury and that the verdict was not against the overwhelming weight of the evidence.
(7-0: Randolph for the Court)

February 26, 2026

In the Matter of The Enlarging, Extending and Defining The Corporate Limits and Boundaries of The City of Olive Branch, DeSoto County, Mississippi: City of Olive Branch v. Dobbins, 2024-AN-00749-SCT (Civil – Municipal Boundaries & Annexation)
Affirming the chancery court’s denial of the City’s petition to annex two parcels of land, holding that the chancery court’s finding that the annexation was unreasonable was supported by substantial credible evidence.
(4-2: Ishee for the Court; Griffis dissented, joined by Branning; Coleman did not participate)

Other Orders

February 12, 2026

  • Walker v. State, 2023-CT-01012-SCT (denying cert)
  • Gombako-Amos v. Amos, 2023-CT-01253-SCT (granting cert)
  • Brodie v. Brodie, 2023-CT-01397-SCT (denying cert)
    Hines v. PERS, 2023-CT-01400-SCT (denying cert)
  • Martin v. Martin, 2924-CT-00222-SCT (denying cert)
  • Brown v. State, 2024-CT-00307-SCT (denying cert)
  • P.K. Loyacono, PLLC v. Raymond James Financial Service, Inc., 2024-CA-00791-SCT (denying reconsideration)

February 26, 2026

  • Howard v. Howard, 2023-CT-01029-SCT (denying cert)
  • Moyer v. Blades, 2023-CT-01180 (denying cert)
  • Swims v. State, 2023-CT-01244-SCT (denying cert)
  • Mortera v. Kona Villa Owners Association, Inc., 2023-CT-01297-SCT (dismissing cert)
  • Tauzin v. Tauzin, 2024-CT-00141-SCT (denying cert)
  • Heirs of Morsi by and through Morsi v. JB Hunt Corp., 2024-CT-00399-SCT (granting cert)
  • James v. Memorial Hospital at Gulfport, 2024-CT-00459-SCT (denying cert)
  • Corr Properties, LLC v. City of Oxford, 2024-CT-00665-SCT (denying cert)

February 12, 2026 Hand Down Page

February 26, 2026, Hand Down Page

Mississippi Court of Appeals Decisions of February 10, 2026 (plus a bonus decision)

This is a catch-up post from the week I took off of blogging for my oral argument on February 11. The Mississippi Court of Appeals handed down five opinions on February 10 and one off-schedule opinion on Thursday, February 5. Read on for summaries…

February 5, 2026

Gray v. State, 2023-KA-01270-COA (Criminal – Felony)
Affirming conviction of capital murder and sentence to life imprisonment but reversing the imposition of a fine, holding that the trial court did not clearly err in finding that the defendant’s second statement was voluntary or by denying the defendant’s motion in limine to exclude other evidence, that the evidence was sufficient to sustain the conviction, that the “flight instruction” issue was legally barred for failure to raise it in the trial court, and that there was no error and no prejudice regarding an alternate juror, but holding that there was not authority for the imposition of an assessment against the defendant as a partial reimbursement to the county for the defendant’s court-appointed counsel.
(5-5: Wilson for the Court; Barnes dissented, joined by Westbrooks, McDonald, McCarty, and Lassitter St. Pe’.

February 10, 2026

Lovern v. State, 2024-KA-01449-COA (Criminal – Felony)
Affirming conviction of sexual battery and gratification of lust, holding that the evidence was sufficient, that the verdict was not against the overwhelming weight of the evidence, that the trial court did not err in excluding evidence of a victim’s prior behavior, that the trial court did not abuse its discretion regarding jury instructions, that the trial court did not err in allowing evidence of the defendant’s prior bad acts, that the trial court did not err in denying the defendant’s motion in limine that would have prevented the State from referring to the victim as “the victim,” that there was no abuse of discretion in the court’s limitations on voir dire questioning, that the trial court did not err in limiting the defendant’s references to the tyranny of the government during closing, that the trial court did not err in denying the defendant’s request to take possession of his phone to look for exculpatory text messages he alleged were missing from the extraction, that the trial court did not err in limiting the defendant to calling two character witnesses, that inconsistent verdicts (acquitting on one charge and convicting on two) was no basis for reversal, and that the cumulative error doctrine did not apply.
(9-0: Lassitter St. Pe’ for the Court; Emfinger did not participate)

Mize v. Nunmaker, 2025-CA-00089-COA (Civil – Contract)
Reversing the trial court’s decision granting summary judgment for the defendant in a breach of contract case, holding that there was a genuine fact issue regarding whether there was a binding agreement between the parties and regarding whether the claim was time-barred.
(10-0: Lassitter St. Pe’ for the Court)

Estate of Eaves: Schlesinger v. Eaves, 2024-CA-00692-COA (Civil – Wills, Trusts & Estates)
Affirming the chancellor’s decision in a probate matter, holding that the chancellor did not err in denying a request to set aside an inter vivos conveyance and assignment of a law firm based on an undue-influence argument and that the chancellor did not err by allegedly interfering with cross-examination at trial.
(8-2-0: Weddle for the Court; Wilson and McCarty concurred in part and in the result without writing)

Southeast Financial Credit Union v. Brown, 2024-CA-01390-COA (Civil – Contract)
Affirming the trial court’s dismissal of a debt collection claim for want of prosecution, holding that the trial court did not abuse its discretion dismissing the seven-year-old case after there were multiple periods of inactivity in excess of one year culminating in a two-year period of inactivity, a show cause order, and a non-appearance at the show cause hearing.
(10-0: McCarty for the Court)

DeCuir v. City of Laurel, 2024-CC-01055-COA, consolidated with Valentine v. City of Laurel, 2024-CC-01379-COA (Civil – Other)
Affirming the circuit court’s dismissal of police officers’ appeals challenging the promotions of other officers, holding that the appeal was not perfected because the appellant filed a notice of appeal rather than a petition for writ of certiorari with the circuit court as is required to obtain judicial review of a civil service commission’s decision to promote.
(8-2-0: Wilson for the Court; Barnes and McDonald concurred in part and in the result without writing)

Practice Point – This one is like a Final Jeopardy appellate jurisdiction question. Here is the Court’s conclusion:

Other Orders

  • Bird v. Ladner, 2024-CA_00245-COA (denying rehearing)
  • Thompson v. State Farm Fire and Casualty Company, 2024-CA-00393-COA (denying rehearing)
  • Moody v. State, 2024-CA-00407-COA (denying rehearing)
  • Carter v. State, 2024-CP-013828-COA (recalling mandate and allowing pro se motion for rehearing to proceed)
  • Pedrego v. State, 2025-TS-01282-COA (dismissing appeal as untimely filed)
  • Buchanan v. State, 2025-TS-01445-COA (allowing appeal to proceed as timely)

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Mississippi Court of Appeals Decisions of February 24, 2026

The Mississippi Court of Appeals handed down seven opinions today. Three of the opinions are reversals: an MTCA/med mal case, an MTCA/personal injury case, and a misdemeanor appeal. Another appeal was dismissed for lack of appealable judgment. The three cases affirmed are a PCR case, a felony appeal, and a UM coverage case.

Varnado v. State, 2024-CP-01093-COA (Civil – PCR)
Affirming denial of a second motion for PCR, holding that the trial court did not abuse its discretion in finding that the claims were time-barred, successive, and not subject to any statutory exceptions.
(10-0: Lassitter St. Pe’ for the Court)

University of Mississippi Medical Center v. Thomas, 2024-CA-01099-COA (Civil – Med Mal)
Reversing a judgment against UMMC after a bench trial in a MTCA med mal case, holding that the plaintiff’s expert failed to establish the essential element of proximate cause.
(6-4: Lawrence concurred in part and dissented in part, joined by Carlton and joined in part by Westbrooks, McDonald, and McCarty; McDonald dissented without writing; Westbrooks dissented, joined by McDonald, and joined in part by Lawrence)

Practice Point – The majority opinion included this dicta regarding the duty to supplement expert testimony:

Moore v. State, 2024-KA-01129-COA (Criminal – Felony)
Affirming convictions of burglary of a dwelling, aggravated domestic assault, and kidnapping, holding that the defendant’s speedy trial rights were not violated and that the trial court did not err in admitting medical records of the victim in the absence of an objection.
(10-0: McCarty for the Court)

Dillon v. Holmes, 2025-CP-00139-COA (Civil – Real Property)
Dismissing appeal for lack of a final, appealable judgment.
(10-0: Westbrooks for the Court)

Joiner v. City of Holly Springs, 2024-CA-01085-COA (Civil – Personal Injury)
Reversing the grant of summary judgment for the City in an MTCA personal injury case, holding that the city was not shielded from liability under section 11-1-66 because the alleged cause of injury of the independent contract was the negligence of a City employee or under section 11-46-9(1)(v) because this is not a premises liability case and, even if it was, the condition was created by the alleged negligence of a City employee.
(10-0: Wilson for the Court)

Heiser v. State Farm Mutual Automobile Insurance Company, 2024-CA-01042-COA (Civil – Insurance)
Affirming summary judgment of no coverage in a UM case, holding that the trial court did not err in finding no coverage where the death was not caused by the use of the covered vehicle.
(8-2-0: Carlton for the Court; McDonald and Lawrence concurred in result only)

Reardon v. State, 2024-KM-00839-COA (Criminal – Misdemeanor)
Reversing the circuit court’s dismissal of an appeal from justice court, holding that the problems the pro se appellant had in perfecting his appeal resulted from the justice court erroneously allowing his attorney withdraw before filing a notice of appeal with appropriate bonds.
(8-2-0: Barnes for the Court; Wilson and Emfinger concurred in result only without writing)

Other Orders

  • Edwards v. Johnson, 2023-CA-01271-COA (denying rehearing)
  • Roley v. Roley, 2024-CP-01004-COA (denying rehearing)

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Mississippi Supreme Court Decisions of February 19, 2026

The Mississippi Supreme Court handed down two opinions today. One is a personal injury case tried to verdict with an appeal based on a motion in limine ruling and the other is an appeal of the denial of a motion to compel arbitration.

In other news, the Court heard arguments in Phil Bryant’s defamation lawsuit against Mississippi Today yesterday. If you are interested in the oral argument, you can watch it at this link.

Greer v. Key, 2024-CA-01393-SCT (Civil – Personal Injury)
Affirming the trial court’s decision to grant the defendant’s motion in limine in an auto liability case prohibiting the plaintiff from asking questions or making reference to the defendant’s knowledge or the rules or the road or personal sense of safety (i.e. “reptile theory” questions), holding that the trial court’s evidentiary ruling was not an abuse of discretion and that the plaintiff waived her argument that the verdict against the overwhelming weight of the evidence by not filing a motion for new trial.
(7-0: Branning for the Court)

Manhattan Nursing and Rehabilitation Center, LLC v. Hawkins, 2024-CA-00488-SCT (Civil – Contract)
Affirming the trial court’s decision denying a motion to compel arbitration, holding that the wife did not have authority to enter the arbitration agreement because admission to the facility was not contingent on the execution of the arbitration agreement.
(4-3: Sullivan for the Court; Griffis dissented, joined by Coleman and Branning)

Note – It is mathematically possible that the two vacancies on the court affected the outcome of this case. The dissent was based on three justices’ willingness to overrule Mississippi Care Center of Greenville, LLC v. Hinyub, 975 So. 2d 211, 218 (Miss. 2008).

Other Orders

  • Allen & Smith Insurance Agency, Inc. v. Merrill, 2023-CT-00468-SCT (granting cert)
  • State v. Mitchell, 2023-CT-00771-SCT (granting cert)
  • Varnado v. State, 2024-CT-00338-SCT (denying cert)
  • Cole v. Fish, 2024-CT-00508-SCT (denying cert)
  • Woodberry v. The Mississippi Bar, 2025-BR-00590-SCT (granting reinstatement to the bar)
  • Cage v. State, 2025-M-00828 (denying pro se motion for leave to file post-conviction relief, finding it frivolous, and restricting the petitioner from filing further applications in forma pauperis)

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