The Mississippi Court of Appeals handed down four opinions yesterday and a stray opinion on Thursday of last week. Three are direct criminal appeals, one is a breach of contract/real property case, and the other is a PCR case.
Childs v. State, 2023-CA-00126-COA, consolidated with 2018-CT-00263-COA and 2011-CT-00263-COA (Civil – PCR)
Affirming denial of a motion for PCR, holding that it did not have subject matter over the venue claim, that there was no clear error in denying the Brady claim, and that the claimant failed to establish a claim of ineffective assistance.
(9-0: McCarty did not participate)
JLS Farm Partnership v. ’27 Break Hunting Club, Inc., 2023-CA-00434-COA (Civil – Contract)
Affirming the circuit court’s grant of summary judgment in favor of hunting clubs in a suit filed against them by an adjacent farming partnership after the partnership’s deer depredation permit was revoked and the clubs opposed a new permit, holding that the trial court did not err in finding no evidence to support the partnership’s claims of breach of contract, tortious breach of contract, breach of the implied duty of good faith and fair dealing, and promissory estoppel.
(9-0: Lawrence did not participate)
Haynes v. State, 2023-KA-00861-COA (Criminal – Felony)
Reversing conviction of manslaughter, holding that the trial court erred by denying a stand-your-ground instruction but also holding that the State presented sufficient evidence to sustain the conviction.
(9-1-0: Carlton concurred in result only without writing)
Adame v. State, 2023-KA-00758-COA (Criminal – Felony)
affirming conviction of fondling, holding that the trial court did not abuse its discretion by giving a jury instruction concerning uncorroborated testimony of a sex-crime victim.
(9-0: St. Pe’ did not participate)
Note – Here is the jury instruction that passed muster:
Bonus decision from January 23, 2025
Culbertson v. State, 2023-KA-00588-COA (Criminal – Felony)
Affirming conviction of two counts of aggravated domestic violence as a violent habitual offender, holding that the trial court did not err in refusing a lesser-included offense instruction for each count, in denying a motion to exclude evidence of the defendant’s prior bad acts, or in sentencing him as a habitual offender, and that trial counsel was not ineffective for not submitting a lesser-included instruction that was not warranted.
(5-5: Barnes concurred in part and dissented in part, joined by Wilson, Westbrooks, McDonald, and Emfinger)
Other Orders
- Mazie v. Boozier-Mazie, 2023-CA-00470-COA (denying rehearing)
- Walker v. State, 2023-CP-00787-COA (denying rehearing)
Hand Down Page – Jan. 28, 2025
Hand Down Page – Jan. 23, 2025
Mississippi Appeals Blog 