The Mississippi Court of Appeals handed down six opinions yesterday. Three are appeals of felony convictions and the others are an heirship case, a worker’s comp case, and a reversal in a PCR case.
Oats v. State, 2024-KA-00278-COA (Criminal – Felony)
Affirming conviction of manslaughter, holding that the trial court did not abuse its discretion in denying a motion for mistrial after the jury declared itself hung and that the issue was doubly procedurally-barred and that the conviction was supported by sufficient evidence and was not against the overwhelming weight of it.
(7-3: Lawrence for the Court; McDonald dissented without writing; Westbrook dissented, joined by McDonald and Lassitter St. Pe’)
Chamblee v. State, 2024-KA-00556-COA (Criminal – Felony)
Affirming conviction of one count of gratification of lust, holding that the trial court did not abuse its discretion in denying the motion for change of venue, in denying a motion for mistrial, in excluding false-accusation evidence, or in excluding sexually explicit photographs, and that the verdict was not against the overwhelming weight of the evidence.
(10-0: McDonald for the Court)
Physicians’ Pain and Spin Specialists, PLLC v. Kluczkowski, 2025-WC-00069-COA (Civil – Workers’ Comp)
Affirming the MWCC’s finding that the employer was subject to the MWCA and that the claimant sustained a compensable injury, holding that there was substantial evidence that the employer regularly employed at least five employees and that the claimant presented substantial evidence of a compensable injury.
(10-0: McDonald for the Court)
O’Callaghan v. State, 2024-KA-00415-COA (Criminal – Felony)
Affirming conviction of two counts of possession of a controlled substance, holding that the trial court did not abuse its discretion in finding holding trial in absentia or in denying the defendant’s motion for mistrial based on a juror’s remark.
(7-3-0: Carlton for the Court; Westbrooks and McCarty concurred in part and in the result without writing; McDonald concurred in result only without writing)
Estate of Dorsey v. Matory, 2024-CA-00925-COA (Civil – Wills, Trusts & Estates)
Affirming the chancery court’s judgment in an heirship dispute, holding that the chancellor did not err in finding that a prior adoption petition and proceeding constituted an adjudication of paternity of and legitimacy, that the adopted child was an heir-at-law of his biological father entitled to a share of his estate, or that equity favored not applying the one-year statute of limitations.
(8-2-0: Barnes for the Court; Wilson concurred in part and in the result without writing; Westbrooks specially concurred, joined by McDonald and McCarty)
Shelton v. State, 2024-CA-00435-COA (Civil – PCR)
Reversing the denial of a PCR petition, holding that the circuit court clearly erred in holding that a revised State’s expert opinion does not merit reversal and that arguments regarding ineffective assistance and factual innocence are moot since the case was remanded for new trial.
(7-3: Barnes for the Court; Emfinger concurred in part and dissented in part, joined by Lawrence and Weddle)
Other Orders
- Moyer v. Blades, 2023-CA-01180-COA (denying rehearing)
- James v. Memorial Hospital at Gulfport, 2024-CA-00459 (denying rehearing)
- Snyder v. Pilger, 2024-CA_00460-COA (denying rehearing)
- Carroll v. State, 2024-KA-00481-COA (recalling mandate and granting pro se motion for additional time to file motion for rehearing)
- Cole v. Fish, 2024-CA-00508-COA (denying rehearing)
- Corr Properties, LLC v. City of Oxford, 2024-CC-00665-COA (denying rehearing)
- Graves v. State, 2024-KA-00691-COA (recalling mandate and granting pro se motion to file motion for rehearing otu of time)
- Haddad v. State, 2025-TS-01229-COA (dismissing application to proceed in forma pauperis on appeal and granting time for the pro se appellat to file the motion in circuit court)
- Reid v. State, 2025-TS-01261-COA (suspending deadling to file appeal to allow appeal to proceed on its merits)
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