Mississippi Court of Appeals Decisions of July 28, 2026

The Mississippi Court of Appeals handed down twelve opinions yesterday. One of my cases was in the mix which always derails my focus for the day. That is my excuse for the delay. Among the opinions are several direct criminal appeals, a workers’ comp case, a premises liability case, and two dismissals for lack of appellate jurisdiction. My case survived a jurisdictional challenge and then turned on whether the chancery court erred in deciding that a probated claim stemming from a divorce judgment was satisfied.

Greater New Hamilton Grove Baptist Church v. Hamilton Grove Missionary Baptist Church, 2025-CA-01008-COA (Civil – Real Property)
Dismissing the appeal of an order dissolving a preliminary injunction in an interment dispute, holding that the issue was moot and the court was without jurisdiction.
(10-0: Lassitter St. Pe’ for the Court)

Ajinomoto Foods North America v. Christy Moore, 2025-WC-01107-COA (Civil – Workers’ Comp)
Affirming the MWCC’s decision, finding that the claimant suffered a total occupational loss of use in both hands and work-related osteoarthritis and awarding permanent total disability benefits, holding that the commission did not err in applying the Jensen presumption and that its decision that the osteoarthritis was compensable was based on substantial credible evidence.
(10-0: Lassitter St. Pe’ for the Court)

Wilson v. State, 2024-KA-00725-COA (Criminal – Felony)
Affirming conviction of felonious child abuse, holding that the issue of whether cross-examination was limited in violation of the defendant’s due process rights was procedurally barred, that the trial court did not abuse its discretion in precluding certain testimony, that the trial court did not abuse its discretion denying a motion for mistrial after the State defied instructions not to introduce youth court rulings, that argument regarding the trial court not precluding evidence about false confessions was procedurally barred and without merit, that the trial court does not abuse its discretion in instructing the jury, that the evidence was sufficient to support the conviction, and that the cumulative error doctrine did not apply.
(8-2-0: Emfinger for the Court; McDonald concurred in part and in the result without writing; Westbrooks concurred in result only without writing)

Walley v. State, 2024-KA-01443-COA (Criminal – Felony)
Affirming conviction of uttering forgery and identity theft, holding that the trial court did not abuse its discretion in prohibiting the introduction of some evidence and limiting cross-examination about a prior indictment.
(9-1-0: Lawrence for the Court; McDonald concurred in part and in the result without writing)

C.D.M. v. Lee County Dept. of Child Protection Services, 2024-CP-01427-COA (Civil – Other)
Affirming the youth court’s decision terminating parental rights, holding that the youth court’s decision was based on sufficient evidence. (9-1-0: Wilson for the Court; Westbrooks concurred in result only without writing)

Gallion v. State, 2025-KA-00061-COA (Criminal – Felony)
Affirming conviction of manslaughter, holding that the trial court properly sustained an objection to prosecutorial misconduct and that further arguments on that issue were waived for failure to request a contemporary jury instruction or to move for mistrial, that a hearsay objection should have been sustained but was harmless error, those arguments regarding police officer opinion testimony was waived, that the trial court did not abuse its discretion in admitting photographs of the victim, and that the evidence was sufficient to support the verdict and that it was not against the overwhelming weight of the evidence.
(10-0: Wilson for the Court)

Brown v. State, 2024-KA-01376-COA (Criminal – Felony)
Affirming convictions of murder and being a felon in possession of a firearm, holding that the trial court did not err in denying a Batson challenge or in denying a motion to sever the two counts.
(8-1-1: Carlton for the Court; McCarty concurred and result only without writing; McDonald concurred in part and dissented in part without writing)

Strawn v. Southern Roots Salon & Day Spa, LLC, 2025-CA-00429-COA (Civil – Personal Injury)
Affirming the trial court’s decision granting summary judgment in favor of the defendant in the premises liability case, holding that the trial court did not err in finding that the plaintiff failed to present evidence that the defendant created a dangerous condition or had actual or constructive knowledge of it.
(8-2-0: Carlton for the court; Wilson and McDonald concurred in part and in result without writing)

Garfield v. Tate, 2025-CA-00104-COA (Civil – Wrongful Death)
Dismissing the appeal of the entry of a chancery court’s final judgment disinheriting a party in a wrongful death case, holding that it was not an order, much less a final appealable order that would confer jurisdiction on the Court of Appeals.
(10-0: Barnes for the court)

Wilson v. State, 2024-CA-00686-COA (Civil-PCR)
Vacating and remanding the denial of a PCR motion, holding that the indictment was void for failure to charge the defendant with crimes cognizable under Mississippi law.
(4-3-3: Barnes for the court; Wilson specially concurred, joined by Emfinger and Weddle, and joined in part by Lawrence and Lassitter St. Pe’; McCarty concurred in part and dissented in part, joined by Carlton and Lassitter St. Pe’ and joined in part by Lawrence)

Jones Family Medicine Clinic, PLLC, v. McCallum, 2024-CA-01332-COA (Civil – Contract)
Reversing the circuit court’s decision affirming the county court’s grant of summary judgment in a breach of contract case, holding that it was error to dismiss the complaint based on the waived affirmative defense of unconscionability.
(6-1-3: Weddle for the court; Westbrooks concurred in part in the result without writing; McDonald dissented without writing; Lawrence dissented, joined by Barnes and McDonald and joined in part by Westbrooks)

In the Matter of the Estate of Pace: Pace v. Philips, 2025-CA-00223-COA (Civil – Wills, Trusts & Estates)
Reversing the chancery court’s finding that a probated claim arising from the decedent’s violation of property settlement agreement incorporated into a judgment of divorce had been satisfied, holding that the final disposition of a probated claim was a final appealable order notwithstanding ongoing litigation in the estate matter and that the chancellor failed to grant a proper remedy for the violation of the PSA/judgment of divorce.
(8-2: McCarty for the court; Barnes dissented, joined by Carlton)

Disclosure: I represented the appellant in this case.

Other Orders

  • Leggett v. State, 2024-CP-01214-COA (denying rehearing)
  • Howard v. State, 2025-KA-00171-COA (recalling mandate and allowing the appellant’s pro se motion for rehearing to proceed as timely filed)
  • Morris v. State, 2026- TS-00276-COA (denying appellant’s pro se motion to reconsider dismissal of his untimely appeal)

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Mississippi Supreme Court Decisions of July 2 and July 23, 2026

The Mississippi Supreme Court returned from the summer hand-down slowdown with four opinions today. Each one is a direct criminal appeal.

I was out of town on July 2nd and there were no substantive opinions so I did not post then. But there were five orders entered and, remarkably, a per curiam affirmance that I had to note.

July 2, 2026

McGuire v. Martin, 2025-CA-00736-SCT (per curiam affirmance)

Other Orders

  • Fraser v. State, 2023-CT-0129-SCT (denying cert)
  • Carroll v. State, 2024-CT-00481-SCT (denying cert)
  • Price v. Hines County School District, 2024-CT-00841-SCT (denying cert)
  • Polk v. State, 2025-CT-00260-SCT (denying cert)
  • Bradford v. State, 2025-M-000649 (denying application for leave to file PCR petition)

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July 23, 2026

Sanders v. State, 2024-KA-01270-SCT (Criminal – Felony)
Affirming convictions of sexual battery and molestation, holding that the defendant did not properly object and preserve arguments regarding an alleged discovery violation and that the verdict was not against the overwhelming weight of the evidence, and holding that the arguments made in the defendant’s pro se brief were waived or without merit.
(7-0: Sullivan for the Court)

Sims v. State, 2024-KA-00642-SCT (Criminal – Felony)
Affirming convictions of sexual battery, felonious child abuse, and exposure to HIV, holding that the admission into evidence of an affidavit from MDH’s record custodian and MDH surveillance records regarding HIV status, without allowing him to cross-examine the custodian, was not a Confrontation Clause violation and that there was sufficient evidence to support the conviction.
(7-0: Ishee for the Court)

Eacholes v. State, 2025-KA-00081-SCT (Criminal – Felony)
Affirming conviction of one count of possession of meth, holding that the Circuit Court did not err in denying a motion to suppress because there was a substantial basis for the probable cause determination at the time warrants were issued.
(6-1-0: Griffis for the Court; King concurred in result only without writing)

Rencher v. State, 2025-KA-00656-SCT (Criminal – Felony)
Affirming conviction of child exploitation and life imprisonment, holding that argument regarding the authentication of evidence was waived for failure to object and without merit because the records at issue were self-authenticating, and that there was no grounds for relief in the pro se brief.
(7-0: Griffis for the Court)

Other Orders

  • In Re: State Intervention Courts Advisory Committee, 89-R-99039-SCT (appointing Heath Ferguson as a member of the State Intervention Courts Advisory Committee and designating Katharine M. Surkin as the committee’s chair)
  • Nelson v. State, 2023-CT-00647-SCT (dismissing cert)
  • Clark v. State, 2023-CT-01116-SCT (granting cert)
  • Thornton v. Thornton, 2024-CT-00320-SCT (denying cert)
  • The Estate of Dorsey V. Matory, 2024-CT-00925-SCT (denying cert)
  • Daenbunga v. State, 2024-CT_01122-SCT (denying cert)
  • Hewitt v. TJM Properties, Inc., 2024-CA-01312-SCT (denying motion to recall mandate)
  • Godbolt v. State, 2025-DR-00524-SCT (denying motion to stay initial post-conviction proceedings)
  • Ambrose v. State, 2025-DR-00745-SCT (denying motion for leave to invoke discovery in circuit court and further support of evidence related to the reliability of petitioner’s conviction and the fairness of his trial)
  • In Re: Administrative Orders of the Supreme Court of Mississippi, 2026-AD-00001-SCT (directing the disbursement of $201,969.58 in civil legal assistance funds among the MS Center for Legal Services, MS Volunteer Lawyers Project, and North MS Rural Legal Services)
  • In Re: Mississippi Department of Child Protection Services, 2026-M-00743 (On the Emergency Motion to Stay County Court Orders and since the Legislature’s Youth Court statutes of confidentiality and disclosure have been repealed effective July 1, 2026, the Orders for Limited Disclosure of Youth Court Records entered by the Youth Courts of Lamar County, Jackson County, Lafayette County, and any other courts of the State of Mississippi having jurisdiction over youth courts are not to be enforced until further order of this Court; the penalty in Mississippi Code Section 43-21-267(1) temporarily is suspended; and until further order of this Court Rule 5 of the Uniform Rules of Youth Court Confidentiality of Records and Proceedings and its Comments and Procedures are immediately and temporarily amended as stated in this order. This order is executed and effective on July 2, 2026, nunc pro tunc, July 1, 2026, and shall expire on July 24, 2026)
  • In Re: Mississippi Department of Child Protection Services, 2026-M-00743 (terminating from and after the date of entry of this order this Court’s Temporary Order entered on July 2, 2026, nunc pro tunc July 1, 2026, amending Rule 5 of the Uniform Rules of Youth Court Practice)

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Mississippi Court of Appeals Decisions of July 21, 2026

Our appellate courts are back in action after the standard summer hand-down break centered around the Mississippi Bar Convention. The Mississippi Court of Appeals strikes first with six opinions today.

Lewis v. State, 2025-CP-00341-COA (Civil – PCR)
Affirming denial of a PCR motion, holding of the trial court did not err in revoking post-release supervision.
(10-0: Weddle for the Court)

White v. White, 2025-CP-00575-COA (Civil – Custody)
Affirming the chancellor’s decision to award joint legal and physical custody, holding that the decision was supported by substantial credible evidence.
(10-0: Emfinger for the Court)

In the Matter of the Estate of Gibson: Vanderford v. Estate of Gibson, 2024-CA-01355-COA (Civil – Wills, Trusts & Estates)
Affirming the chancellor’s denial of a petition to adjudicate paternity, holding that the chancellor did not err in finding the petition untimely.
(8-2-0: McCarty for the Court; Barnes concurred in part and in the result without writing; Wilson concurred in result only without writing)

In the Matter of the Estate of Manyfield: Ogden & Associates, PLLC v. Sweet, 2025-CA-00417-COA (Civil – Contract)
Reversing the chancery court’s decision denying a lien for attorney fees, holding that the chancellor abused his discretion and remanding for an apportionment of fees.
(8-2-0: Lawrence for the Court; Wilson and MacDonald concurred in part and in the result without writing)

Davis v. Davis, 2025-CA-00363-COA (Civil – Custody)
Affirming the chancellor’s custody decision, holding that the chancellor did not err in awarding custody to the mother despite the father’s arguments that the mother’s mental health was not properly considered.
(9-1-0: McDonald for the Court; Wilson concurred in part and in the result without writing)

In the Interest of T.L. a Minor: Jessica L. v. Forrest County Department of the Mississippi Department of Child Protection Services, 2024-CA-00385-COA (Civil – Domestic Relations)
Affirming the Youth Court’s decision terminating parental rights, holding that there was substantial evidence to support the decision, that the youth court properly found that CPS made reasonable reunification efforts, and that there was no merit to the mother’s argument that her counsel was ineffective.
(5-2-3: Barnes for the Court; Carlton and McDonald concurred in part and in the result without writing; Wilson concurred in result only without writing; Westbrooks concurred in part and dissented in part without writing; McCarty concurred in part and dissented in part, joined by Westbrooks and joined in part by McDonald)

Other Orders

  • Moore v. Sta-Home Health Agency of Carthage, Inc., 2023-CA-01267-COA (denying rehearing)
  • Turner v. City of Tupelo, 2024-CA-01146-COA (denying rehearing)
  • Gardner v. State, 2025-KA-00298-COA (denying rehearing)
  • Rudd v. State, 2025-CP-00618-COA (denying rehearing)

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Mississippi Supreme Court Decisions of June 25, 2026

The Mississippi Supreme Court handed down two opinions today. Both are murder cases. Both are unanimous decisions. One affirms, one reverses.

The is also a new order amending M.R.C.P. 4 and 81 that is substituted for the order amending those rules that was entered earlier this month.

Gibson v. State, 2024-KA-00726-SCT (Criminal – Felony)
Reversing convictions of capital murder and armed robbery, holding that the trial court failed to conduct a proper speedy-trial hearing by taking judicial notice of a backlog in the medical examiner’s office without requiring the State to prove causation, that inadmissible hearsay was admitted, that the State misrepresented evidence during closing, and that the State used improper impeachment evidence as substantive evidence.
(7-0: King for the Court)

Wilson v. State, 2025-KA-00288-SCT (Criminal – Felony)
Affirming conviction of first degree murder, holding that the trial court did not abuse its discretion instructing the jury and that the verdict was supported by sufficient evidence.
(7-0: Coleman for the Court)

Other Orders

In Re: The Rules of Civil Procedure, 89-R-99001-SCT (withdrawing a previous order amended Rules 4 and 81 and substituting a new one)

Higdon v. Pinkston, 2023-CT-00685-SCT (denying cert)

Bumgardner v. State, 2024-CT-00090-SCT (denying cert)

Chavers v. State, 2024-CT-00551-SCT (denying cert)

Baird v. Baird, 2024-CT-00629-SCT (dismissing pro se Petition for Writ of Certiorari, Motion for Leave to File Substituted Petition for Certiorari, Motion to Proceed Pro Se and for Recognition as Counsel of Record, and Motion to Anonymize Record and Protect Identities of Minor Children are dismissed as untimely

Cummins v. State, 2024-CT-00909-SCT (granting cert)

ABL Management, Inc. v. Rowell, 2024-CT-01007-SCT (denying cert)

Simoneaux v. State, 2024-CT-01127-SCT (denying cert)

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Mississippi Court of Appeals Decisions of June 23, 2026

The Mississippi Court of Appeals handed down three opinions today. Two are criminal appeals and one is an appeal of summary judgment in a wrongful foreclosure claim.

Sanders v. State, 2024-KA-01401-COA (Criminal – Felony)
Affirming conviction of twelve counts of sexual battery, holding that the indictments provided sufficient notice, that there was no merit to the double jeopardy claim, and that the evidence was not against the overwhelming weight of the evidence.
(8-2-0: Weddle for the Court; Wilson and Emfinger concurred in part and in the result without writing)

Gwin v. State, 2025-KA-00437-COA (Criminal – Felony)
Affirming conviction of two counts of simple assault of a law enforcement officer, holding that the trial court did not abuse its discretion admitting testimony over a hearsay objection, that the trial court did not improperly limit the defense’s cross-examination of an officer, and that the verdict was not contrary to the overwhelming weight of the evidence.
(6-4-0: Barnes for the Court: Wilson, McCarty, and Emfinger concurred in part and in the result without writing; Westbrooks concurred in result only without writing)

Harris v. Aurora Loan Services, 2024-CA-01118-COA (Civil – Contract)
Affirming the chancery court’s order granting summary judgment in favor of the defendants in an action challenging a foreclosure, holding that the plaintiff waived any claim to have the foreclosure sale and substitute trustee’s deed set aside when he dropped claims against the purchaser and dismissed them from the case, that he waived alleged failure to comply with the deed of trust’s notice requirements when he failed to object to the foreclosure sale and failed to allege defect in notice for over two years, that he failed to present probative evidence that the debt was canceled, and that his claims were barred by the statute of limitations.
(5-5: Wilson for the Court; Barnes, Westbrooks and Lassitter St. Pe’ concur in part and dissent in part without writing; McDonald concurred in part and dissented in part, joined by Westbrooks and Lassitter St. Pe’, and joined in party by Barnes)

Other Orders

  • Brown v. State, 2024-KA-00741-COA (granting motion to recall mandate and extend time to file for rehearing)
  • Stewart v. State, 2024-CP-01094-COA (denying rehearing)
  • McClelland v. State, 2024-KA-01422-COA (denying rehearing)
  • Talley v. State, 2025-TS-01252-COA (extending deadline appeal)

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Mississippi Supreme Court Decisions of June 18, 2026

The Mississippi Supreme Court handed down one opinion today in a youth court matter that was before the Court on cert.

In the Interest of A.R.H.: Malone v. Jackson County Department of CPS, 2023-CT-00420-SCT (Civil – Custody)
Reversing the Court of Appeals’ decision on cert that affirmed the youth court’s decision bypassing parental reunification, holding that the decision violated the plain language of Section 43-21-603-(7)(c) at the disposition stage of the proceedings.
(4-3: King for the Court; Randolph dissented, joined by Ishee and Branning)

Note – This is another decision where a “Court of four” carried the day on the seven-member Mississippi Supreme Court.

Other Orders

  • In Re: Rules of Discipline for the Mississippi Bar, 89-R-99010-SCT (granting Amended Petition to Amend Certain Rules of the Rules of Discipline for the Mississippi State Bar)
  • In Re: Commission on Continuing Legal Education, 89-R-99011-SCT (granting Petition to Amend Regulations 3.2 and 4.9 of the Rules and Regulations for Mandatory Continuing Legal Education)
  • Carr v. State, 2023-DR-00503-SCT (granting State’s motion to dismiss an application for leave to file successive petition)
  • State v. Mitchell, 2023-CT-00771-SCT (dismissing cert)
  • Edwards v. Johnson, 2023-CT-01271-SCT (granting cert)
  • Bird v. Ladner, 2024-CT-00245-SCT (dismissing cert)
  • O’Callaghan v. State, 2024-CT-00415-SCT (denying cert)
  • Rasbeery v. State, 2024-CT-01005-SCT (denying cert)

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Mississippi Court of Appeals Decisions of June 16, 2026

The Mississippi Court of Appeals handed down four opinions today. There is a divorce case with an interesting forgery issue. There is also a negligent-versus-intentional-conduct tort case case. The other two are a felony appeal and a med mal verdict appeal.

Lavant v. State, 2024-KA-00953-COA (Criminal – Felony)
Affirming conviction of one count of aggravated trafficking of a controlled substance, holding that the trial court did not abuse its discretion in limiting cross-examination of a State’s witness.
(10-0: Weddle for the Court)

Merritt v. Merritt, 2024-CA-01158-COA (Civil – Domestic Relations)
Reversing the chancery court’s decision denying a motion to set aside and nullify judgment of divorce based on a claim of forgery, holding that the chancellor abused his discretion in denying relief because the movant proved by clear and convincing evidence that the divorce was procured by fraud and misrepresentations by the respondent or his attorney.
(10-0: Emfinger for the Court)

Note – This one is wild.

Brent v. Ridgeway, 2024-CA-01238-COA (Civil – Torts)
Reversing on direct appeal and affirming on cross appeal after a jury verdict for negligent infliction of emotional distress, holding that there was no basis for a claim of negligent infliction of emotional distress because all alleged acts by the defendant were intentional.
(6-1: Emfinger for the Court; Carlton, Lawrence, and McCarty did not participate)

Practice Point – This opinion is an interesting continuation of a line of cases that intentional acts cannot support claims of negligence.

Greer v. Vicksburg Healthcare, LLC, 2024-CA-00809-COA (Civil – Med Mal)
Affirming the trial court’s denial of the plaintiff’s motion for JNOV after a defense verdict, holding that the jury’s verdict was not against the overwhelming weight of the evidence.
(9-1: Wilson for the Court; McDonald concurred in part and dissented in part without writing)

Other Orders

  • Oates v. State, 2024-KA-00267-COA (denying rehearing)
  • Barnes v. City of McComb, 2024-CA-00989-COA (denying rehearing)
  • Smith v. Dennis Wright & Son Plumbing, 2025-WC-00046-COA (denying rehearing)

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Mississippi Supreme Court Decisions of June 11, 2026

The Mississippi Supreme Court handed down five unanimous opinions today with three (3) reversals. The headliner is Lynn Fitch versus Shad White over whether the AG has sole authority to manage litigation and prosecute suits to recover money on behalf of the state.

Smith v. Mississippi Farm Bureau Casualty Insurance Company, 2025-CA-00166-SCT (Civil – Insurance)
Affirming the circuit court’s denial of a motion to intervene in a wrongful death lawsuit, holding that the circuit court did not err in denying the motion as untimely.
(7-0: Griffis for the Court)

Rig Masters, Inc. v. Colenberg, 2024-IA-00506-SCT (Civil – Wrongful Death)
Reversing the trial court’s denial of summary judgment on interlocutory appeal on a negligent entrustment claim, holding that there was no evidence that the title-holder knew or should have known about the driver’s alleged substance abuse problems.
(7-0: Ishee for the Court)

Millette v. Burger, 2024-IA-01152-SCT (Civil – Other)
Reversing the order of a specially-appointed judge who was not assigned to this case granting the plaintiffs’ motion for leave to amend, holding that without an order of reassignment the specially-appointed judge had no authority in the case.
(5-0: Griffis for the Court)

Fitch v. White, 2024-CA-01389-SCT (Civil – State Boards & Agencies)
Reversing the chancery court’s summary judgment, holding that the attorney general possesses authority to prosecute and manage litigation seeking the recovery of state money under sections 7-5-1 and 7-7-211(g) and that the state auditor lacked such authority.
(7-0: Branning for the Court)

Ashford v. Belcher, 2025-CA-00569-SCT (Civil – Real Property)
Affirming the chancery court’s decision confirming title, holding that permission given by the landowner to another precluded the other from adversely possessing the property.
(7-0: Coleman for the Court)

Other Orders

  • In Re: The Rules of Civil Procedure, 89-R-99001-SCT (amending MRCP 4 and 81)
  • CNRS&Z Inc. v. Bridgecrest Acceptance Corporation, 2024-CT-00365-SCT (denying cert)
  • Shelton v. State, 2024-CT-00435-SCT (denying cert)
  • Carter v. State, 2024-CT-01328-SCT (dismissing cert petition as untimely)

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Mississippi Court of Appeals Decisions of June 9, 2026

The Mississippi Court of Appeals handed down seven opinions today. There are five felony appeals with a reversal in there. The others are an appeal of summary judgment in a med mal case for lack of expert and an appeal of an award of attorney’s fees in a divorce case.

Barnett v. State, 2024-KA-01298-COA (Criminal – Felony)
Affirming conviction of one count of second-degree murder, holding that the evidence was sufficient to support the conviction.
(9-1-0: Lassitter St. Pe’ for the Court; McDonald concurred in result only without writing)

Marshall v. State, 2025-KA-00011-COA (Criminal – Felony)
Reversing conviction of first-degree murder, holding that the trial court abused its discretion refusing to admit theory-of-defense evidence that another person had a motive to kill the victim.
(10-o: Wilson for the Court)

Johnson v. State, 2024-KA-01268-COA (Criminal – Felony)
Affirming conviction of one count of burglary of a dwelling, two counts of auto burglary, one count of possession of a stolen firearm, and two counts of attempted capital murder, holding the evidence was sufficient to prove deliberate design, that the trial court did not abuse its discretion admitting a jail call recording, and that the trial court did not abuse its discretion allowing testimonial narration of the recorded police interrogation.
(10-0: Weddle for the Court)

Brooks v. Natchez Hospital Company, LLC, 2024-CA-01168-COA (Civil – Med Mal)
Affirming summary judgment dismissing a med mal case for failure to designate an expert, holding the trial court did not err in denying a continuance and an extension of time for discovery.
(7-2-0: McCarty for the Court; Wilson concurred in part and in the result without writing; Westbrooks dissented; McDonald did not participate)

Quintana v. State, 2025-KA-00440-COA (Criminal – Felony)
Affirming conviction of improper touching of a minor, holding that the trial court did not abuse its discretion denying a mistrial where to two spectators clapped after the victim’s testimony and the trial court admonished them outside the presence of the jury.
(9-1: McCarty for the Court; Westbrooks dissented without writing)

McCreary v. McCreary, 2024-CA-01139-COA (Civil – Domestic Relations)
Reversing the chancery court’s award of attorney’s fees after dueling motions for contempt, holding that the chancellor erred by not conducting a McKee analysis.
(10-0: Lawrence for the Court)

Howard v. State, 2025-KA-00171-COA (Criminal – Felony)
Affirming conviction of two counts of statutory rape, two counts of touching a child, and one count of sexual battery, holding that the trial court did not commit reversible error in permitting Rule 404(b) evidence and the State’s cross-examination regarding that evidence and that the verdicts were not against the overwhelming weight of the evidence.
(10-0: Westbrooks for the Court)

Other Orders

  • Odom v. State, 2023-KA-01165-COA (denying motion for leave to file out-of-time motion for rehearing)
  • P.P.R., v. Robertson, 2024-CA-00373-COA (denying rehearing)
  • Bright Beginnings Daycare III and IV v. MDHS, 2024-SA-01008-COA (denying rehearing)
  • Breland v. State, 2024-KA-01022-COA (denying rehearing)
  • Vu v. State, 2024-KA-01117-COA (recalling mandate and accepting motion for rehearing as timely)
  • Prince v. State, 2025-KA-00448-COA (denying motion to suspend rehearing deadline)

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Mississippi Supreme Court Decisions of June 4, 2026

The Mississippi Supreme Court handed down six opinions today. There are two decisions involving sanctions and/or contempt rulings. There is also a noteworthy judicial estoppel decision. The others are an election contest, a felony conviction, and an MDOC decision.

Walker v. Taylor, 2025-EC-00658-SCT (Civil – Election Contest)
Affirming the circuit court’s dismissal of sworn petitions for judicial review of a primary-election contest, holding that a new election was not warranted based on alleged voter disenfranchisement or equal protection violations.
(6-0: Griffis for the Court; Branning did not participate)

Favre v. MDHS, 2024-IA-00880-SCT (Civil – Other)
Vacating Rule 11 sanctions, holding that the sanctioned parties were entitled to due process including notice and an opportunity to respond.
(7-0: Coleman for the Court)

Gombako-Amos v. Amos, 2023-CT-01253-SCT (Civil – Domestic Relations)
Reversing the chancery court and the Court of Appeals on cert, holding that there was no clear and convincing evidence of willful and deliberate violation of a court order to support a finding of civil contempt, rendering judgment on attorneys’ fees, and remanding to determine issues related to reimbursement.
(6-1: Griffis for the Court; Randolph dissented)

Strong v. Acara Solutions, Inc., 2024-CT-00455-SCT (civil – Personal Injury)
Affirming the Court of Appeals’ reversal of the circuit court’s grant of summary judgment dismissing on judicial estoppel grounds on cert, holding that the Court of Appeals did not err by reviewing the judgment de novo instead of abuse of discretion and that the trial court erred by not applying Fifth Circuit precedent in its analysis of the second element (a court accepted a previous position) of judicial estoppel.
(5-2: Randolph for the Court; Coleman dissented, joined by Branning)

Practice Point – I view this as a must-cite decision for judicial estoppel going forward.

Winters v. State, 2024-KA-01105-SCT (Criminal – Felony)
Affirming conviction of aggravated assault and attempted armed robbery, holding that the evidence was sufficient to support the conviction and that the verdict was not against the overwhelming weight of the evidence.
(7-0: Sullivan for the Court)

Hudson v. MDOC, 2025-CA-00645-SCT (Civil – State Boards & Agencies)
Affirming MDOC’s decision to not award trusty time due to conviction for attempted murder, holding that MDOC did not violate section 47-5-138.1 and that the denial of trusty time did not increase her sentence.
(7-0: Randolph for the Court)

Other Orders

  • In Re: Local Rules, 89-R-99015-SCT (granting motion seeking approval of revision to Local Rules for Fifth Chancery Court District)
  • Rules for Court Reporters, 89-R-99021-SCT (reappointing Hon. David P. Sullivan, Candace O’Barr Jones, Kati Vogt, and Latanya Allen as members of the Board of Certified Court Reporters for two-year terms from July 1, 2026, through June 30, 2028)
  • Brown v. State, 2017-DR-01373-SCT (denying rehearing)
  • Upchurch v. Lewis, 2023-CT-01296-SCT (granting cert)
  • Jack v. City of Meridian, 2023-CT-01339-SCT (dismissing cert petition as untimely)
  • McLaurin v. State, 2024-CT-00138-SCT (denying cert)
  • Jones v. Jones, 2024-CA-00690-SCT (denying rehearing)
  • UMMC v. Giddens, 2024-CT-00842-SCT (denying cert)
  • Favre v. MDHS, 2024-IA-00880-SCT (dismissing motion for permission to file exhibit under seal as moot)
  • Walker v. State, 2024-CT-01032-SCT (denying cert)
  • Bivins v. Ellisville State School, 2024-CT-01098-SCT (denying cert)
  • In Re: Jones, 2024-CA-01307-SCT (denying rehearing)

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