The Mississippi Court of Appeals handed down four opinions today. Two criminal appeal (one with a reversal), a sales tax liability case, and a 12(b)(6) dismissal of a tort suit against an attorney for filing a motion to quash a post-trial deposition subpoena on behalf of a client.
McCoy V. Graham, 2024-CA-00286-COA (Civil – State Boards & Agencies)
Affirming summary judgment in favor of the DOR assessment of tax liabilities for failure to pay sales tax, holding that the evidence showed that the DOR filed its responsible person assessment within thirty-six months from the date the tax liability became final.
(10-0)
Sullivant v. Freeland, 2023-CP-01393-COA (Civil – Other)
Affirming order granting motion to dismiss complaint and denying the motion to amend the complaint, holding that the plaintiff’s tort suit against an attorney who moved to quash the plaintiff’s post-trial deposition on behalf of a client in another case failed to state a claim under Rule 12(b)(6) and that any amendment would be futile.
(10-0)
Harper v. State, 2022-KA-00758-COA (Criminal – Felony)
Affirming in part and reversing in part after convictions of three counts of culpable negligence manslaughter and one count of felony fleeing, holding that the prosecution for the offense of felony fleeing was not commenced within two years of the date of the offense and was therefore barred by the statute of limitations, and remanding for resentencing on the three counts of culpable negligence manslaughter.
(7-3: Westbrooks dissented, joined by McDonald, and Lawrence)
Jordan v. State, 2023-KA-01222-COA (Criminal – Felony)
Affirming conviction of first degree murder, holding that there was sufficient evidence to support the conviction and that the verdict was not against the overwhelming weight of the evidence.
(10-0)
Other Orders
- Tisdale v. South Central Regional Medical Center, 2023-CA-00231-COA (denying rehearing)
- Eason v. South Central Regional Medical Center, 2023-CA-00261-COA (denying rehearing)
- Baker v. State, 2023-KA-01111-COA (recalling mandate to allow pro se motion for rehearing to proceed on its merits)
- Collins v. State, 2024-TS-01333-COA (granting motion to proceed out of time)
- Siggers v. State, 2025-TS-00041-COA (finding pro se appellant’s response to show-cause issue well taken)
- Ashby v. State, 2025-TS-00076-COA (allowing appeal to proceed on the merits)
Mississippi Appeals Blog 