I had oral argument before the Mississippi Court of Appeals last Wednesday. It was a great experience as always and the Court’s hospitality is top-notch. Nevertheless, I was in prep mode on Tuesday and recovery mode on Thursday so I punted last week’s summaries. I plan to get caught up this week. I will add another post taking a detour and talking about the intersection of Ole Miss football and appellate procedure.
For now, my summaries of the seven opinions handed down by the Mississippi Court of Appeals today are below. Of note, the Court reversed a conviction and rendered a judgment of acquittal based on a Fourth Amendment violation.
Smith v. Clarksdale Municipal School District, 2024-CA-00168-COA (Civil – Contract)
Affirming the dismissal of a petition for mandamus against the school district to reclassify a job position and for back compensation, holding that the circuit court did not err in converting a motion to dismiss to a motion for summary judgment or in granting summary judgment.
(9-1: Emfinger for the Court; McDonald dissented without writing)
Seward v. Coast Concrete Company, Inc., 2024-CA-00973-COA (Civil – Contract)
Affirming the circuit court’s decision denying a motion to withdraw or amend admissions, holding that the appellant waived the argument that the requests for admissions were served outside of the discovery deadline under UCRCCC 4.03 and that the circuit court did not abuse its discretion in denying the motion to withdraw or amend the deemed admissions.
(8-2-0: Emfinger for the Court; McDonald and McCarty concurred in part and in the result without writing)
Johnson v. State, 2024-KA-01348-COA (Criminal – Felony)
Affirming conviction of second-degree murder, holding that the trial court did not err in admitting testimony from the victim’s supervisor regarding evidence of prior violence against the victim, that the record was insufficient to address the ineffective assistance claim, and that the evidence was sufficient to support the conviction.
(10-0: McCarty for the Court)
Davis v. State, 2024-KA-00794-COA (Criminal – Felony)
Affirming conviction of capital murder, holding that the conviction was supported by sufficient evidence and that the verdict was not against the overwhelming weight of the evidence.
(10-0: McDonald for the Court)
Wilson v. State, 2024-KA-00632-COA (Criminal – Felony)
Reversing conviction of possession of a firearm by a felon, holding that the trial court erred in denying a motion to suppress evidence during a traffic stop because the officer lacked reasonable suspicion to initial the traffic stop.
(9-1: Wilson for the Court; Carlton dissented without writing)
In the Matter of A.L.C.: Heart to Heart Adoptions, Inc. v. Williamson, 2024-CA-00052-COA (Civil – Adoption)
Affirming the chancery court’s judgment denying full faith and credit to a Utah judgment terminating parental rights, holding that the Utah judgment could not be registered under the Uniform Child Custody Jurisdiction and Enforcement Act.
(10-0: Carlton for the Court)
Jenkins v. Jenkins, 2024-CA-00395-COA (Civil – Domestic Relations)
Affirming the chancery court’s judgment of divorce and award of joint legal custody, holding that the chancellor did not abuse her discretion in her Albright analysis, in awarding joint custody, in her equitable division and distribution of marital property, in not awarding alimony, or in denying a request for attorney’s fees.
(5-5: Emfinger for the Court; Carlton concurred in part and dissent in part regarding the child custody award, joined by Barnes, Westbrooks, McDonald, and McCarty)
Other Orders
- Upchurch v. Lewis, 2023-CA-01296-COA (denying rehearing)
- Wooten v. State, 2023-KA-01318-COA (denying rehearing)
- Walker v. State, 2024-CP-01032-COA (denying rehearing)
Mississippi Appeals Blog 