Mississippi Court of Appeals Decisions of January 21, 2025

The Mississippi Court of Appeals handed down six opinions today. There is a pair of direct criminal appeals, a pair of PCR decisions, a custody decision, and an adverse possession decision.

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Burnette v. State, 2023-CP-01330-COA (Civil – PCR)
Affirming summary dismissal of PCR motion, holding that it was time-barred.
(9-0: St. Pe’ did not participate)

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Moore v. State, 2024-CP-00150-COA (Civil – PCR)
Affirming summary dismissal of a PCR motion, holding that it was time-barred and successive.
(9-0: St. Pe’ did not participate)

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Grimes v. State, 2023-KA-01254-COA (Criminal – Felony)
Affirming conviction of manslaughter and sentence after remand for an evidentiary hearing on alleged juror misconduct, holding that the trial court did not err in finding that no conduct by a juror prejudiced the defendant.
(8-0: Weddle and St. Pe’ did not participate)

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Adams v. Adams, 2023-CA-01041-COA (Civil – Domestic Relations)
Affirming the chancellor’s custody ruling in a divorce proceeding, holding that the chancellor did not err in applying the Albright factors and determining that it was in the children’s best interest to award sole physical custody to the mother.
(9-0: St. Pe’ did not participate)

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Robinson v. State, 2023-KA-00575-COA (Criminal – Felony)
Affirming conviction of sexual battery, holding that in light of overwhelming evidence of guilt the defendant failed to show that his trial counsel was ineffective for introducing a recording between an officer and a witness.
(7-2-0: Barnes concurred in part and in the result without writing; Wilson concurred in result only without writing; St. Pe’ did not participate)

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Phillips v. Forrest County Industrial Park Commission, 2023-CA-01132-COA (Civil – Real Property)
Affirming the chancellor’s finding that the Commission acquired title to two acres of land by adverse possession and dismissing counterclaims, holding that the Commission proved the elements of adverse possession and that as a result the appellants’ counterclaims for trespass, unlawful withholding possession, and unjust enrichment were properly dismissed.
(6-3-0: Wilson and McDonald concurred in part and in the result without writing; Westbrooks concurred in result only without writing)

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Other Orders

• None

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