The Mississippi Supreme Court handed down two opinions today. One is a certificate of need case and the other is a direct criminal appeal.
Singing River Health Systems v. Mississippi State Department of Health, 2025-SA-00614-SCT (Civil – State Boards & Agencies)
Affirming the chancellor’s decision affirming the state health officer’s approval of a CON application, holding that there was substantial evidence that the the CON application complied with the requirements, that there was substantial evidence that the hearing officer substantially complied with procedure, that the hearing officer’s determination of economic vitality was not arbitrary and capricious, that the hearing officer was within her discretion to weight conflicting evidence regarding adverse impact, and that substantial evidence supported that the proposed project would not have a significant adverse effect on another facility’s ability to provide charitable care.
(7-0)
Pegues v. State, 2024-KA-01001-SCT (Criminal – Felony)
Affirming conviction of possession of a firearm by a felon, holding that the State did not commit prosecutorial misconduct by commenting on the defendant’s failure to call witnesses or the defendant exercising his right to a jury trial and holding that there was sufficient evidence of constructive evidence.
(7-0)
Other Orders
- Parrott v. Frierson, 2023-CT-01245-SCT (denying cert)
- Fisher v. All About Painting and Cleaning, Inc., 2023-CT-01289-SCT (denying cert)
- Mohiuddin v. Jackson County, Mississippi Board of Supervisors, 2024-CA-00759-SCT (denying rehearing)
- Crabtree v. Allstate Property and Casualty Insurance Company, 2024-FC-00827-SCT (denying rehearing)
Mississippi Appeals Blog 