Mississippi Supreme Court Decisions of August 6, 2026

The Mississippi Supreme Court handed down seven decisions yesterday. It was an eventful day with three med mal cases (one under the MTCA), a real property case, two direct criminal appeals (one death penalty case), and a public employment termination case. Of these seven cases, there were four reversals including two on cert. There is a noteworthy special concurrence in the MTCA case that garnered a majority of the votes which, in that case, was four out of six participating votes. I would be remiss if I did not also note the appearance of a concurrence dubitante.

Johnson v. Cleveland, 2023-CT-01011-SCT (Civil – Real Property)
Reversing the Court of Appeals and reinstating the judgment of the circuit court on cert, holding that the plaintiff has standing to assert her adverse possession claim.
(4-1-2: Coleman for the Court; Randolph concurred dubitante; Brannning dissented, joined by Griffis; Wilson did not participate)

Upchurch v. Lewis, 2023-CT-01296-SCT, consolidated with Lewis v. Upchurch, No. 2024-CT-00396-SCT (Civil – Med Mal)
Reversing the Court of Appeals and reinstating the judgment of the circuit court on cert, holding that there was sufficient evidence presented to support the jury’s verdict in favor of the defendants and that the circuit court therefore did not err in denying the motion for JNOV and new trial.
(7-0: Griffis for the Court)

University of Mississippi Medical Center v. Carter, 2024-IA-00038-SCT (Civil – Med Mal)
Reversing the trial court’s denial of a motion for summary judgment based on the MTCA statute of limitations on interlocutory appeal, holding that the statute of limitations was not tolled by the discovery rule.
(5-4*-0: Branning for the court; *Coleman specially concurred, joined by Ishee, Griffis, and Branning; Randolph and Wilson did not participate)

Practice Point – Coleman’s special concurrence garnered the support of three fellow justices giving it a total of four votes. With the addition of Judge Celeste Embry Wilson to the Court, we are now up to are eight justices. But neither Justice Wilson nor Chief Justice Randolph participated in this case. That means that the special concurrence received four of the six votes in the case. In other words, a majority. Here is the conclusion of the special concurrence.

The special concurrence did not say it did overrule Barnes and Caves and hold that there is no discovery rule under the MTCA, but that it would. Justice King and Justice Sullivan did not join the special concurrence. It looks like all it would take in the next case is Chief Justice Randolph, newly appointed Justice Wilson, or the yet-to-be-appointed ninth justice to get on board with the special concurrence’s position to bring that change to fruition.

Brown v. Davey-Sullivan, 2024-CA-00693-SCT (Civil – Med Mal)
Affirming the circuit courts grant of summary judgment in a medical malpractice case, holding that the plaintiff failed to produce the required expert testimony to establish a triable claim.
(6-1: Griffis for the Court; Coleman dissented; Wilson did not participate)

Heard v. State, 2024-DP-00802-SCT (Criminal – Death Penalty – Direct Appeal)
Affirming capital-murder conviction and death sentence, holding that the trial court did not commit plain error by admitting certain testimony, that the ineffective assistance of counsel claim should be denied without prejudice; that the trial court did not err by allowing a lay witness to give certain opinions; that the trial court did not err in excluding a character witness’s opinion testimony about the defendant’s truthfulness; that the trial court did not err by failing to make a reliability determination about testimony regarding a software program used to extract information from cell phones; that the sentence was not constitutionally disproportionate; that the trial court did not err by giving a sentencing instruction regarding heinous atrocious, or cruel aggravating circumstances because it was supported by sufficient evidence; that the death sentence was not unconstitutional, cruel, and unusual punishment; and that section 99-19-105(3) is not applicable.
(7-0: Griffis for the Court; Wilson did not participate)

Coahoma County School District Board of Education v. Moore, 2024-IA-01316-SCT (Civil – State Boards and Agencies)
Reversing the county court’s denial of summary judgment for the school board, holding that the plaintiff’s claims for unpaid compensation under theories of quantum meruit and unjust enrichment were foreclosed by the minutes rule.
(6-1: Branning for the court; Coleman dissented; Wilson did not participate)

Bozard v. State, 2025-KA-00393-SCT (Criminal – Felony)
Affirming conviction of felony evasion, holding that the conviction was supported by sufficient evidence.
(7-0: Randolph for the Court)

Other Orders

  • Mississippi Bar v. Owens, 2026-BD-00754-SCT (accepting Jody E. Owens’s resignation with prejudice from the Mississippi Bar, and such resignation shall be tantamount to proof of guilt on the matter charged, and ordering that Jody E. Owens II is hereby immediately and permanently disbarred from the practice of law in the State of Mississippi)
  • In Re: The Mississippi Access to Justice Commission,   89-R-99032-SCT (appointing or reappointing the following Commissioners of the Mississippi Access to Justice Commission for terms ending on June 30, 2029: Justice Leslie King; Mary Purvis; Judge Richard “Wes” Ryals, II; Catherine Servati; Patrick Bryan; Chancellor E. Vincent Davis; and Representative Justis Gibbs, and thanking the following outgoing Commissioners for their dedicated service: David Calder; Dan Hall; and Judge Denise Owens.)
  • Gray v. State, 2023-CT-01270-SCT (denying cert)
  • Williams v. State, 2024-CT-00257-SCT (denying cert)
  • Brown v. State, 2024-CT-00489-SCT (denying cert)
  • White v. State, 2024-CT-00658-SCT (denying cert)
  • Norman v. State, 2024-CT-01107-SCT (Denying cert)
  • Winn v. State, 2024-CT-01280-SCT (denying cert)
  • In The Matter Of: The Application of Mollie Parsons Sells for Recognition Under The Servicemembers Civil Relief Act, 50 U.S.C. Sec. 4025a, 2025-M-00821 (granting Petition for Limited Order Authorizing the Board of Bar Admissions to Grant Application for Admission to Practice Law Under the Servicemembers Civil Relief Act, 50 U.S.C. § 4025a)

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Mississippi Court of Appeals Decisions of August 4, 2026

(The title has been corrected. This is not a post from the future. We regret the error.)

The Mississippi Court of Appeals handed down five opinions today. There are two of direct criminal appeals, a real property case with a punitive damages issue, a PCR case, and an public employment termination case. That last one turned on procedural issues related to the appeal to chancery court.

(Photo from my morning in court in Lincoln County, Mississippi)

Griste v. State, 2024-KA-01423-COA (Criminal – Felony)
Affirming conviction of manslaughter, holding that the trial court did not err in denying a motion for directed verdict, that the trial court did not abuse its discretion in granting the state’s motion in limine to exclude evidence of other bad acts of the victim, and that the trial court did not abuse its discretion in instructing the jury.
(10-0: Emfinger for the Court)

Snowden v. State, 2025-CA-00064-COA (Civil – PCR)
Affirming the denial of a PCR motion, holding that it was barred by the statute of limitations and no statutory exceptions applied.
(10-0: Emfinger for the Court)

Richardson v. Jackson Public School District, 2025-CA-00695-COA (Civil – Other)
Reversing the chancery court’s decision upholding the school board’s decision to terminate employment, holding that remand was required because the record filed on appeal with the chancery court was not a complete record and therefore did not comply with the statutory requirements for a review in the Chancery Court.
(6-3-0: Lawrence for the court; Lassitter St. Pe’, specially concurred, joined by McCarty; Wilson and McCarty concurred and pardoned in the result without writing; McDonald did not participate)

Ocean Blue Land & Timber Co., LLC v. Marsolais, 2024-CA-00154-COA (Civil – Report Property)
Affirming in part and reversing in part the Chancellor’s ruling in a case alleging that real property was fraudulently obtained, affirming the Chancellor’s finding of a fraud but reversing the punitive damages award against the individual and rendering judgment on that issue.
(10-0: McDonald for the Court)

Collins v. State, 2024-KA-01333-COA (Criminal – Felony)
Affirming conviction of second degree murder, holding that the trial court did not err by denying a directed verdict of acquittal under the Weathersby rule because the rule did not apply and declining to address the ineffective assistance of counsel claims on direct appeal.
(6-1-3: Lassitter St. Pe’ for the Court; McDonald concurred in part and in the result without writing. Emfinger dissented, joined by Barnes and McCarty)

Other Orders

  • Taylor v. State, 2024-KA-00280-COA (denying rehearing)
  • Bridgman v. SBC Internet Services, Inc., 2024-WC-01199-COA (denying rehearing)
  • Vanaman v. American Pride Properties, LLC, 2024-CA-01434-COA (denying rehearing)
  • Ryland v Regions Bank, 2025-CP-00178-COA (denying rehearing)

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Mississippi Supreme Court Decisions of July 30, 2026

The Mississippi Supreme Court did not hand down any opinions today. It did enter an en banc order granting a petition for interlocutory appeal and deciding the merits. An uncommon but not unheard of maneuver for the court.

No Opinions

Other Orders

  • Stamps v. Jones, 2026-IA-00260-SCT (granting interlocutory appeal and deciding the merits, vacating a sua sponte transfer order one year into litigation, and remanding to the original venue for further proceedings)
  • In Re: Commission on Continuing Legal Education, 89-R-99011-SCT (reappointing George Scott Luter, Richard W. Sliman, and John Dickson Mayo to three-year terms (Aug. 1, 2026, through July 31, 2029) as members of the Commission on Mandatory Continuing Legal Education)
  • Jenkins v. Jenkins, 2024-CT-00395-SCT (denying cert)
  • Moore v. State, 2024-CT-00507-SCT (denying cert)
  • Bodie v. State, 2024-CT-00634-SCT (denying cert)
  • Carroll v. State, 2024-CT-00875-SCT (denying cert)
  • Roberts v. State, 2024-CT-00988-SCT (denying cert)
  • Moore v. State, 2024-CT-01129-SCT (denying cert)
  • Mize v. Nunmaker, 2025-CT-00089-SCT (denying cert)

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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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