Triple Issue: Mississippi Court of Appeals Decisions of May 19, May 26, and June 2, 2026

I got covered up with paying work and had to let things slide around here for a bit. Here is three weeks of output from the prolific Mississippi Court of Appeals.

May 19, 2026

Small v. Mississippi Dept. of Corrections, 2025-CP-00654-COA (Civil – Other)
Affirming circuit court’s order denying complaint for judicial review, holding that the petitioner did not prove that MDOC’s decision was not supported by credible evidence, arbitrary or capricious, beyond MDOC’s scope of powers, or violative of constitutional rights.
(8-2-0: Emfinger for the Court; Westbrooks and McDonald concurred in result only without writing)

In Re: Order of Direct Criminal Contempt for Assistant District Attorney Andrew Willcutt, 2024-CA-01142-COA (Civil – Other)
Reversing order holding an ADA in direct criminal contempt, holding that the ADA was entitled to notice of the charges against him and a de novo hearing before another judge.
(10-0: Weddle for the Court)

Rush v. State, 2024-KA-01353-COA (Criminal – Felony)
Affirming convictions of three counts of receiving stolen property, holding that the evidence was sufficient to support the conviction and that the verdicts were not against the overwhelming weight of the evidence.
(10-0: Weddle for the Court)

Butler v. State, 2024-KA-00747-COA (Criminal – Felony)
Affirming conviction of manslaughter, holding that there was no error in admitting video to rebut the defendant’s testimony, that the use of impeachment evidence in closing was not improper, that admitting a heat of passion manslaughter instruction was not error, that the manslaughter instruction was not unconstitutional, that the claim for ineffective assistance of counsel was not ripe, and that the verdict was not against the overwhelming weight of the evidence.
(10-0: McCarty for the Court)

Brown v. State, 2025-CA-00428-COA (Civil – PCR)
Affirming the trial court’s dismissal of a PCR motion, holding that the trial court did not err in finding it time-barred.
(10-0: McCarty for the Court)

Gates v. State, 2024-CP-00074-COA (Civil – PCR)
Affirming dismissal of PCR motion, holding that the trial court did not err in finding it time-barred.
(7-3-0: Lawrence for the Court; Wilson, Westbrooks, and McDonald concurred in part and in the result without writing)

Foreman v. State, 2024-KA-00728-COA (Criminal – Felony)
Affirming conviction of manslaughter, holding that the evidence was sufficient to support the conviction and that the verdict was not against the overwhelming weight of the evidence.
(7-2-1: Lawrence for the Court; Westbrooks and McDonald concurred in result only without writing; Carlton dissented without writing)

Waste Management of Mississippi, Inc. v. Chickasaw County, Mississippi, 2025-CA-00378-COA (Civil – Contract)
Reversing the circuit court’s decisions denying summary judgment for Waste Management and granting summary judgment in favor of the County that sought to exercise an option to extend a solid waste agreement, holding that Mississippi law does not permit such agreements for more than 30 years so the plain language allowing for an extension to the extent it was consistent with Mississippi prevented the extension.
(10-0: Wilson for the Court)

Rehm v. Robinson Property Group, LLC, 2025-CA-00043-COA (Civil – Personal Injury)
Affirming the dismissal of a personal injury on judicial estoppel grounds, holding that the circuit court did not abuse its discretion dismissing the claim where the plaintiff failed to disclose the lawsuit during bankruptcy proceedings.
(7-3: Carlton for the Court; McDonald dissented without writing; Westbrooks dissented, joined by McDonald and McCarty)

Other Orders

  • Jenkins v. Jenkins, 2024-CA-00395-COA (denying rehearing)
  • Brown v. State, 2024-KA-00489-COA (denying rehearing)
  • Eloby v. State, 2024-KA-00529-COA (denying rehearing)
  • Jones v. State, 2024-KA-00760-COA (denying rehearing)

May 26, 2026

Coahoma County, Mississippi School District v. Williams, 2024-CA-00977-COA (Civil – Other)
Reversing the chancery court’s decision and rendering a decision in favor of the school board’s termination decision, holding that the school board’s decision to terminate a counselor who had an incident with another school counselor and said she needed a “license to carry” was supported by substantial evidence, that the chancery court exceeded the scope of review, and that the counselor’s due process rights were not violated.
(9-1-0: McCarty for the Court; Westbrooks concurred in result only without written opinion)

Murphy v. State, 2024-KA-00664-COA (Criminal – Felony)
Affirming conviction of two counts of attempted touching of a child for lustful purposes, holding that arguments related to jury instructions were procedurally barred for failure to raise then in a JNOV or new trial and, in any event, that the circuit court did not abuse its discretion instructing the jury.
(9-1-0: McDonald for the Court; Wilson concurred in part and in the result without separate written opinion)

Banks v. Banks, 2025-CA-00119-COA, consolidated with 2023-CA-00515-COA (Civil – Domestic Relations)
Reversing on direct appeal and cross appeal in a divorce case, holding that the chancellor erred in the equitable distribution of the marital estate, in awarding alimony, and in awarding attorney’s fees.
(8-2-0: McDonald for the Court; Wilson and Lassitter St. Pe’ concurred in part and in the result without writing)

Qualls v. Qualls, 2023-KA-01112-COA (Criminal – Felony)
Affirming conviction of being a felon in possession of a weapon following a fatal shooting at a bar but vacating and remanding the sentencing as violent habitual offender as the State conceded that the evidence at trial was not sufficient to establish habitual-offender status.
(8-0: Westbrooks for the Court; Emfinger concurred in part and in the result without writing)

Watson v. State, 2024-KA-01149-COA (Criminal – Felony)
Affirming conviction of two counts of felony child abuse, holding that arguments that the trial court erred by admitting testimony of prior bad acts were procedurally barred for lack of objection after the State filed a notice of intent to introduce the evidence before trial and that the evidence was sufficient to support the convictions, and declining to address the ineffective-assistance-of-counsel claims.
(9-0: Wilson for the Court)

Patriot Inspects, LLC v. McKenzie, 2024-CA-01000-COA (Civil – Contract)
Affirming the trial court’s decision denying a motion to compel arbitration, holding that the arbitration provision’s limitation of liability and one-year limitations period were substantively unconscionable and so intertwined with the agreement that the agreement was rendered unconscionable.
(6-4: Weddle for the Court; Wilson dissented, joined by Barnes, Carlton, and Emfinger)

NOTE – I am putting this one on cert watch. Citing the Federal Arbitration Act, the dissent took issue with the majority’s holding that the arbitration agreement was rendered unconscionable by the limitation of liability and limitations period.

Other Orders

  • Moore v. State, 2024-KA-2024-01129-COA (denying rehearing)
  • Leggett v. State, 2024-CP-01214-COA (recalling mandate and accepting pro se motion for rehearing as timely)
  • Winn v. State, 2024-KA-01280-COA (denying rehearing)
  • Johnson v. State, 2024-KA-01348-COA (granting appellant’s pro se motion for extension of time to file motion for rehearing)
  • Johnson v. State, 2025-TS-01344-COA (dismissing motion for post-conviction collateral relief for lack of jurisdiction)
  • Gray v. State, 2025-TS-1449-COA (dismissing appeal as untimely)
  • Morris v. State, 2026-TS-00276-COA (dismissing untimely appeal)
  • Hill v. State, 2026-TS-00347-Dismissing appeal as untimely)
  • Daniels v. State, 2026-TS-00377-COA (allowing pro se appeal to proceed as timely)

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June 2, 2026

Mhoon v. State, 2024-CA-00674-COA (Civil – PCR)
Affirming denial of PCR motion after an evidentiary hearing, holding that the circuit court did not abuse its discretion after full consideration of the Miller factors.
(9-1-0: Emfinger for the Court: Westbrooks concurred in result only without writing)

Lee v. MDHS, 2025-SA-00318-COA (Civil – Custody)
Affirming denial of motion to reconsider denial of petition to set aside paternity judgment and child support order, holding that the trial court did not err in denying the petition for failure to meet statutory requirements or abuse its discretion in denying the motion for reconsideration.
(10-0: Emfinger for the Court)

Days v. State, 2024-KA-00920-COA (Criminal – Felony)
Affirming convictions of possession of meth with firearm enhancement and possession of a firearm as a felon, dismissing the ineffective-assistance-of-counsel claim without prejudice, and holding that arguments about the denial of an ore tenus motion to suppress were waived for failure to file a pretrial motion to suppress and that the plain-error doctrine did not apply.
(10-0: McDonald for the Court)

Sullivan v. Sullivan, 2025-CP-00256-COA (Civil – Domestic Relations)
Affirming in part and reversing in part the chancellor’s property division in a judgment of divorce, holding that the chancellor did not err in classification of the rental properties as marital assets but reversing with regard to other assets.
(10-0: McDonald for the Court)

Harris v. State, 2025-KA-00084-COA (Criminal – Fel0ny)
Affirming convictions of first-degree murder an done count of aggravated assault, holding that the trial court did not commit plain error in giving an instruction that referenced accident and misfortune as well as self-defense.
(10-0: Westbrooks for the Court)

Lenoir v. State, 2024-KA-01342-COA (Criminal – Felony)
Affirming convictions of trafficking a controlled substance and possession of a controlled substance, holding the trial court did not err in failing to suppress evidence obtained during what the defendant argued was an invalid search warrant, that the trial court did not err in instructing the jury on constructive possession, that the evidence was sufficient to support the constructive possession conviction and that the verdict was not against the overwhelming weight of the evidence, that the indictment was not defective, and that he was not subject to double jeopardy.
(8-1-0: Carlton for the Court; Emfinger concurred in part and in the result without writing; Weddle did not participate)

Davis v. State, 2024-KA-01385-COA (Criminal – Felony)
Affirming conviction of one court of sexual battery and one count of touching a child for lustful purposes, holding that the trial court did not abuse its discretion instructing the jury on uncorroborated testimony of sex-crime victim and that the verdict was not against the overwhelming weight of the evidence.
(10-0: Carlton for the Court)

Gaudin v. Gaudin, 2025-CA-00397-COA (Civil – Domestic Relations)
Affirming the chancery court’s rulings granting divorce and distributing contested assets, holding that the chancellor did not err in ordering the sale of the marital home or in classification of assets and Ferguson factors.
(10-0: Carlton for the Court)

Johnson v. State, 2024-KA-01097-COA (Criminal – Felony)
Affirming conviction of possession of more than two but less than ten grams of meth, holding that the trial court did not err in finding that the impoundment and inventory search of the defendant’s vehicle in which the drugs were found were proper.
(6-3-1: Barnes for the Court; Wilson, Westbrooks, and McCarty concurred in part and in the result without writing; Lassitter St. Pe’ concurred in part and dissented in part without writing)

Grant v. State, 2023-KA-01275-COA (Criminal – Felony)
Affirming conviction of possession of a firearm by a felon and possession of a stolen firearm, holding that the evidence was sufficient on both counts, that the trial court did not err in admitting evidence of gang affiliation for impeachment purposes or in admitting expert testimony regarding cellphone-location technology.
(6-1-3: Emfinger for the Court; McCarty concurred in part and in the result without writing; Westbrooks concurred in part and dissented in part, joined by Barnes and McDonald)

Other Orders

  • Smith v. Clarksdale Municipal School District, 2024-CA-00168-COA (denying rehearing)
  • UMMC v. Thomas, 2024-CA-01099-COA (denying rehearing)
  • Lovern v. State, 2024-KA-01449-COA (denying rehearing)

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Double Issue: Supreme Court Decisions of May 21 and May 28, 2026

The Mississippi Supreme Court handed down one opinion last week and three this week. Two are custody cases, one is a direct criminal appeal, and one is a wrongful death case up on the issue of whether an arbitration agreement is enforceable. There are three Bar matters and one order amending the MRAP among the “Other Orders.”

May 21, 2026

Solop v. Solop, 2025-CA-01513-SCT (Civil – Custody)
Affirming the chancellor’s decision denying the father’s motion to delegate non-custodial time to his parents during his upcoming deployment, holding that the chancellor did not err in applying section 93-5-34 and did abuse her discretion awarding only extended visitation to the grandparents during the deployment.
(7-o: Branning for the Court)

Other Orders

  • Johnson v. State, 2024-CT-0065-SCT (dismissing notice construed as cert petition)
  • Hewitt v. TJM Properties, Inc., 2024-CA-01312-SCT (denying rehearing)
  • Strickland v. The Mississippi Bar, 2026-BR-00352-SCT (granting dismissal of reinstatement petition for noncompliance)

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May 28, 2026

Shipley v. Shipley, 2023-CT-00814-SCT (Civil – Custody)
Affirming in part and reversing in part on cert, holding that the chancellor did not err by not appointing a GAL, but that the chancellor did not perform a proper Albright analysis and reversed the Court of Appeals’ decision affirming the chancellor.
(7-0: King for the Court)

Practice Point – The Supreme Court specifically addressed whether the appointment of a mandatory GAL can be waived:

Zattoni v. State, 2024-KA-01382-SCT (Criminal – Felony)
Affirming convictions of kidnapping and felon in possession of a weapon, holding that the trial court erred by not accepting a stipulation that the defendant was a convicted felon until after the State has put on its case in chief and that the trial court erred in admitting an unredacted audio recording of the defendant’s interview with police on the basis that it was after he had been Mirandized without considering Rule 404(b) or Rule 403, but concluding that the errors were harmless.
(7-0: Sullivan for the Court)

Hubbard v. Nexion Health at Clinton, Inc., 2025-CP-00019-SCT, consolidated with Hubbard v. Estes, No. 2025-CP-00386-SCT (Civil – Wrongful Death)
Reversing the circuit court’s grant of a motion to compel arbitration, holding that the record contained insufficient evidence to establish the son’s authority to bind the father to arbitration when signing paperwork during the father’s admission to a rehab facility.
(7-0: Branning for the Court)

Other Orders

  • In Re: Mississippi Rules of Appellate Procedure, 89-R-99027-SCT (amending the Mississippi Rules of Appellate Procedure)
  • The Mississippi Bar v. Valley, 2008-BD-01884-SCT (suspending respondent from the practice of law)
  • Wooten v. State, 2023-CT-01318-SCT (denying cert)
  • Fields v. State, 2024-CT-00807-SCT (denying cert)
  • Hessler v. The Mississippi Bar, 2024-BR-01041-SCT (granting reinstatement from deferred suspension)
  • Jackson v. State, 2025-M-01401 (denying response to order denying recusal and renewed request for appointment of special justices)

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Double Issue: Mississippi Supreme Court Decisions of May 7 and May 14, 2026

I was tied up last week and had to let the blogging slip. The Mississippi Supreme Court has made the task of catching-up on their column easier with just one opinion over the last two weeks.

Bonus Content: The Attala County Courthouse looking great this morning.

May 7, 2026

Pryor v. J.B. Hunt Transport, Inc., 2025-CP-00354-SCT (Civil – Torts)
Affirming dismissal of a suit for emotional distress and malicious prosecution, holding that the statute of limitations began to run on the emotional distress claim when the alleged injury occurred and was not tolled until he was diagnosed with heart palpitations were diagnosed and the statute of limitations began to run on the malicious prosecution claim began to run when the charges were retired to the file not when the record was expunged.
(6-1-0: Coleman for the Court; King concurred in result only without writing)

Other Orders

  • Saddler v. State, 2024-CT-00099-SCT (denying cert)
  • Moody v. State, 2024-CT-00407-SCT (denying cert)
  • North Sunflower Medical Center v. Keith, 2026-M-00135-SCT (denying interloc)

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May 14, 2026

No opinions.

Other Orders

  • In Re: Rules Governing Admission to The Mississippi Bar, 89-R-99012-SCT (appointing Matthew A. Baldridge to succeed Anthony R. Simon, deceased, as a member of the Mississippi Board of Bar Admissions for the balance of the term expiring on October 31, 2026)
  • Bird v. Ladner, 2024-CT_00245-SCT (granting cert)
  • Hodge v. Hodge, 2024-CT-00745-SCT (denying cert)
  • Roley v. Roley, 2024-CT-01004-SCT (denying cert)

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Mississippi Supreme Court Decisions of April 30, 2026

The Mississippi Supreme Court did not hand down any opinions today. They did deny two cert petitions and dismiss a third.

Other Orders

  • Brookshire v. State, 2023-CT-00966-SCT (denying cert)
  • Ward v. State, 2024-CT-00341-SCT (denying cert)
  • Taylor v. Fair, 2024-CT-00676 (dismissing cert petition as untimely)

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Mississippi Court of Appeals Decisions of April 28, 2026

The Mississippi Court of Appeals handed down four opinions today. There is a real property/redemption case, a case that turns on an appellate jurisdiction issue, a contempt/recusal case, and a case reversing the denial of a motion for JNOV.

Vanaman v. American Pride Properties, LLC, 2024-CA-01434-COA (Civil – Real Property)
Affirming the chancery court’s award of redemption damages and denial of restitution on remand after a tax sale was invalidated, holding that the chancellor did not err in finding that the original owner failed to prove that he was entitled to damages for modifications or restitution for fair rental value or in finding that the original owner owed the tax-sale purchaser damages to redeem the property.
(10-0: St. Pe’ for the Court)

Ryland v. Regions Bank, 2025-CP-00178-COA (Civil – Real Property)
Affirming the circuit court’s dismissal of an appeal from justice court, holding that the circuit court did not err in finding that it lacked jurisdiction because the appeal was untimely.
(10-0: St. Pe’ for the Court)

In Re: Ross, 2024-CP-01233-COA (Civil – Other)
Affirming the chancery court’s order of contempt and denial of motion for recusal, holding that the record showed that the appellant was guilty beyond a reasonable doubt of direct criminal contempt and that the chancellor did not abuse her discretion in denying the motion to recuse.
(8-1-0: Weddle for the Court; McCarty specially concurred; Westbrooks did not participate)

Rogers v. Green, 2024-CA-01194-COA (Civil – Torts)
Reversing the circuit court’s denial of the defendant’s motion for JNOV, holding that the plaintiff failed to provide sufficient evidence of invasion of privacy.
(8-1-1: Carlton for the Court; McCarty concurred in result only without writing; McDonald dissented without writing)

Other Orders

  • Wright v. State, 2024-KA-00225-COA (denying rehearing)
  • White v. State, 2024-KA-00658-COA (denying rehearing)
  • Carroll v. State, 2024-CT-00875-COA (denying rehearing)
  • Hayes v. Magee Benevolent Foundation, 2024-CA-00910-COA (denying rehearing)
  • Barnes v. City of McComb, 2024-CA-000989-COA (denying unopposed motion for leave to file corrected motion for rehearing)
  • Wright v. Jenkins, 2024-CA-01424-COA (granting motion for appellate attorney’s fees)
  • Mize v. Nunmaker, 2025-CA-000089-COA (denying rehearing)

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Mississippi Supreme Court Decisions of April 23, 2026

The Mississippi Supreme Court handed down three opinions today. The headliner is a decision in Phil and Deborah Bryant’s lawsuit against Mississippi Today. There is also a first-degree murder case and a civil lack-of-prosecution case.

First Security Bank v. Richmond, 2025-IA-00012-SCT (Civil – Torts)
Reversing the chancery court’s decision to deny one defendant’s motion to dismiss for failure to prosecute and grant one for another defendant, holding it was an abuse of discretion for its disparate treatment of the defendants’ Rule 41(b) motions.
(7-0: Branning for the Court)

Johnson v. State, 2024-KA-01140-SCT (Criminal – Felony)
Affirming conviction of first-degree murder, holding that the trial court did not err instructing the jury, the trial court did not err in denying a motion to suppress evidence from a warrantless search because the inevitable-discovery doctrine applied, that the claim of error related to the introduction of body-camera video was procedurally barred, that the Court’s sustaining of an objection to defense counsel making biblical references during closing did not warrant reversal, and that the verdict was not against the overwhelming weight of the evidence.
(7-0: King for the Court)

Bryant v. Deep South Today, 2025-CA-00380-SCT (Civil – Torts)
Reversing the trial court’s grant of the defendants’ 12(b)(6) motion, holding that the plaintiffs sufficiently pleaded claims of defamation, false light, and loss of consortium and dismissing as moot the plaintiffs’ appeal of the denial of their motions for partial summary judgment.
(7-0: Coleman for the Court)

Other Orders

  • Cunningham v. State, 2023-CT-01213-SCT (denying cert)
  • Russell v. Booneville Police Department, 2024-CT-00757-SCT (dismissing pro se “petition for rehearing”)
  • In Re: Administrative Orders of the Supreme Court of Mississippi, 2026-AD-00001-SCT (directing the disbursement of $157,868.74 in civil legal assistance funds among the MS Center for Legal Services, MS Volunteer Lawyers Project, and North MS Rural Legal Services)
  • Mississippi Commission on Judicial Performance v. Thomas, 2026-JP-00402-SCT (ordering suspension with pay from all duties pending further and denying motion to seal the order)

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Mississippi Court of Appeals Decisions of April 21, 2026

The Mississippi Court of Appeals handed down six opinions today. There were two felony appeals, two domestic/custody decisions, and two PCR decisions.

Brents v. Holland, 2024-CA-01198-COA (Civil – Custody)
Affirming the chancellor’s decision in a custody matter, holding that the chancellor did not err in finding a material change in circumstances adversely affecting the children and that modification was in their best interest and that the chancellor did not err in not keeping siblings together where this issue was not raised until appeal, and that the chancellor did not err in ordering supervised visitation despite the GAL’s recommendation.
(10-0: McDonald for the Court)

Johnson v. State, 2025-KA-00549-COA (Criminal – Felony)
Affirming re-sentencing under Miller, holding that the circuit court did not err in sentencing the defendant to life without parole.
(9-0: McDonald for the Court; Emfinger did not participate)

Benamon v. State, 2024-KA-00501-COA (Criminal – Felony)
Affirming conviction of first-degree murder and possession of a firearm by a felon, holding that the trial court did not err in denying a motion to quash the venire after the defendant briefly appeared in the courtroom prior to voir dire in handcuffs and shackles or in refusing to instruct the jury on the lesser-included offense of heat-of-passion manslaughter.
(8-2-0: Wilson for the Court; Westbrooks and McDonald concur in part and in the result without writing)

Rudd v. State, 2025-CP-00618-COA (Civil – PCR)
Affirming the circuit court’s denial of a PCR motion attacking an order of revocation, holding that it was properly dismissed as an impermissible successive motion.
(9-0: Wilson for the Court; Emfinger did not participate)

Self v. Conley, 2024-SA-01079-COA (Civil – Domestic Relations)
Affirming the chancellor’s final order on child support and visitation, holding that the chancery court did not abuse its discretion in declining to find the father in contempt and imprison him and that the chancellor did not err in awarding visitation despite the father’s “unclean hands.”
(10-0: Barnes for the Court)

Castillo-Valencia v. State, 2025-CP-00348-COA (Civil – PCR)
Affirming denial of claims and dismissal of motion for PCR, holding that the motion was properly dismissed as successive, time barred, and without statutory exception.
(9-0: Barnes for the Court; Emfinger did not participate)

Other Orders

  • Williams v. State, 2024-KA-00257-COA (denying rehearing)
  • Price v. Hinds County School District, 2024-CA-00841-COA (denying rehearing)
  • Banks v. State, 2024-KA-00881-COA (denying rehearing)
  • Roberts v. State, 2024-CA-00988-COA (denying rehearing)
  • Wilson v. P.L. Marketing, Inc., 2025-WC-00158-COA (denying rehearing)

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Mississippi Supreme Court Decisions of April 16, 2026

The Mississippi Supreme Court handed down four opinions today. The must-read case from a factual standpoint is an organ recovery/personal injury case. There is also a med mal expert case where the Supreme Court reversed the Court of Appeals. There others are a slip-and-fall on interlocutory appeal and a zoning case.

Longo v. City of Waveland, 2025-CA-00625-SCT (Civil – State Boards & Agencies)
Affirming the circuit court’s decision affirming the City’s approval of applications, holding that the City’s approval of applications for conditional use and plat approval for a residential development project was supported by substantial evidence and was neither arbitrary nor capricious.
(6-0: Griffis for the Court)

Lee v. Doolittle, 2023-CT-00969-SCT, consolidated with 2022-CT-00186-SCT (Civil – Med Mal)
Reversing the Court of Appeals and reinstating the judgment of the circuit court striking the plaintiff’s expert and granting summary judgment, holding that the trial court was within its discretion to exclude the expert testimony.
(5-2: Branning for the Court; King dissented joined by Sullivan)

Denison v. Mississippi Organ Recovery Agency, Inc., 2024-CA-00644-SCT (Civil – Personal Injury)
Reversing the trial court’s dismissal of the Estate’s claims against MORA and medical providers after the decedent was prematurely declared dead, holding that the trial court erred by not converting MORA’s motion to dismiss based on a claim of immunity under the Revised Mississippi Uniform Anatomical Gift Act the Estate’s case into a motion for summary judgment but that the trial court did not err in granting a motion to dismiss a family member’s bystander claim for failure to state a claim.
(5-2: Sullivan for the Court; Griffis concurred in part and dissented in part, joined by Branning)

Note – My summary does not do justice to the facts. Here is how the opinion opens:

Rush Health Systems, Inc. v. Sparrow, 2024-IA-01185-SCT (Civil – Personal Injury)
Affirming denial of summary judgment on interlocutory appeal, holding that the trial court did not err in finding that there are questions of fact as to the existence of a dangerous condition and the plaintiff’s status as invitee or licensee.
(4-2: Sullivan for the Court; Coleman dissented, joined by Branning)

Other Orders

  • Nelson v. State, 2023-CT-00647-SCT (granting cert)
  • The Mississippi Bar v. Carr, 2025-BD-00731-SCT (order of suspension from the practice of law)

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Mississippi Court of Appeals Decisions of April 14, 2026

The Mississippi Court of Appeals handed down eight opinions yesterday. The Court reversed a capital murder conviction and also decided a will contest case, a custody case, three other felony appeals, a PCR case, and a divorce case.

Greene v. State, 2024-KA-00333-COA (Criminal – Felony)
Reversing conviction of one count of capital murder, holding that the trial court erred by failing to give the jury a cautionary instruction on accomplice testimony and remanded for a new trial.
(10-0: Weddle for the Court)

In the Matter of Estate of Williams: Williams v. Myles, 2024-CA-01114-COA (Civil – Wills, Trusts & Estates)
Affirming the chancellor’s decision in a will contest, holding that the chancellor did not err in finding that decedent lacked testamentary capacity when she executed her will and that the will was invalid because of undue influence.
(10-0: Weddle for the Court)

Singleton v. State, 2024-KA-01095-COA (Criminal – Felony)
Affirming conviction of second-degree murder, holding that the trial court did not abuse its discretion instructing the jury and that the verdict was not against the overwhelming weight of the evidence.
(9-1-0: Emfinger for the Court; Westbrooks concurred in result only without writing)

In the Interests of J.S.: Betsi S. v. Mississippi Dept. of Child Protective Services, 2024-CP-01061-COA (Civil – Custody)
Affirming the youth court’s permanency decision, holding that the mother was not deprived or due process, that recusal was not required, that the motion for ADA accommodation was abandoned, and that the mother was not entitled to damages.
(9-1-0: McCarty for the Court; Westbrooks concurred in result only without writing)

Practice Point – When writing a response or reply, do not talk past the arguments made by the other side:

Gardner v. State, 2025-KA-00298-COA (Criminal – Felony)
Affirming convictions of possession of a firearm by a felon, trafficking of fentanyl, and aggravated trafficking of meth, holding that the conviction of constructive possession of fentanyl was supported by sufficient evidence and that verdict was not against the overwhelming weight of the evidence.
(10-0: McCarty for the Court)

Stasher v. Stasher, 2024-CA-01302-COA (Civil – Domestic Relations)
Affirming the chancellor’s decisions in a divorce matter, holding that the chancellor did not manifestly or clearly err in granting divorce based on habitual cruel and inhuman treatment or in finding that the ex-husband had engaged in adultery during the marriage and that his claims about equitable distribution were without merit.
(10-0: Lawrence for the Court)

Jackson v. State, 2024-KA-01346-COA (Criminal – Felony)
Affirming conviction of two counts of touching a child for lustful purposes, holding that the circuit court did not err in the admission of hearsay testimony and that although it was an abuse of discretion to admit a written statement that error was harmless.
(8-2-0: McDonald for the Court; Wilson and Emfinger concurred in part and in the result without writing)

Leggett v. State, 2024-CP-01214-COA, consolidated with 2024-CP-01215-COA (Civil – PCR)
Affirming summary dismissal of two PCR motions.
(10-0: Wilson for the Court)

Other Orders

  • Clark v. State, 2023-KA-01116-COA (denying rehearing)
  • Fraser v. State, 2023-KA-01129-COA (denying rehearing)
  • Seals v. State, 2024-KM-00448-COA (denying rehearing)
  • ABL Management, Inc. v. Rowell, 2024-CA-01007-COA (denying rehearing)
  • Daengbunga v. State, 2024-KA-01122-COA (denying rehearing)
  • Simoneaux v. State, 2024-CP-01127-COA (denying rehearing)
  • Pedrego v. State, 2025-TS-01282-COA (denying pro se motion for reconsideration of dismissal of appeal)
  • Reeves v. State, 2026-TS-00201-COA (order allowing appeal to proceed as timely)

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Mississippi Supreme Court Decisions of April 9, 2026

The Mississippi Supreme Court did not hand down any opinions today. It did, however, deny cert in three cases and interloc in two.

Other Orders

  • Goodloe v. State, 2023-CT-00960-SCT (denying cert)
  • Thomas v. State, 2023-CT-01151-SCT (denying cert)
  • Ruffin v. State, 2024-CT-00867-SCT (denying cert)
  • Tik Tok, Inc. v. State ex rel Fitch, 2025-M-01111-SCT (denying petition for interlocutory appeal)
  • Meta Platforms, Inc. v. State ex rel Fitch, 2025-M-01444-SCT (denying petition for interlocutory appeal)

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