The Mississippi Supreme Court handed down four opinions today. Two are med mal cases, one of which addresses the application of statutory immunity for medical treatment during the COVID state of emergency. The other med mal case was up on an arbitration issue. The other two cases are direct criminal appeals. There is a judicial performance matter among the “other orders.”
Secrist v. Rush Medical Foundation, 2024-CA-01034-SCT (Civil – Med Mal)
Affirming the dismissal of a medical malpractice case, holding that the trial court did not err in finding that the defendant medical providers were immune under section 11-71-7 (Supp. 2025) which provides legal immunity for healthcare providers for healthcare services performed during the COVID-19 state of emergency.
(4-2: Griffis for the Court; Coleman specially concurred, joined in part by Randolph, Ishee, Griffis, and Sullivan; King concurred in result only without writing; Branning did not participate)
Note – Coleman’s specially concurred to discuss the role of legislative history in judicial decision-making:
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Mallette v. Revette, 2024-CA-01277-SCT (Civil – Wrongful Death)
Affirming the circuit court’s denial of a motion to compel arbitration, holding that the trial court’s finding of fact regarding the authenticity of the signature was entitled to deference, that the defendants did not carry their burden of proving actual authority, and that direct-benefits estoppel did not apply.
(7-0: Coleman for the Court)
Gardner v. State, 2023-CT-00903-SCT, consolidated with 2018-KA-01337-SCT (Criminal – Felony)
Affirming in part and reversing in part the Court of Appeals and reinstating and affirming the circuit court’s judgment, holding that the argument that the trial court erred by admitting prior felony convictions into evidence was procedurally barred by failure to object at trial and that there was no plain error.
(4-2-1: Randolph for the Court; Coleman concurred in part and in the result without writing; King dissented, joined by Sullivan and joined in part by Coleman)
House v. State, 2024-KA-01432-SCT (Criminal – Felony)
Affirming conviction of first-degree murder, holding that the verdict was supported by sufficient evidence and that the verdict was not against the overwhelming weight of the evidence.
(7-0: Coleman for the Court)
Other Orders
- In Re: Gibson, 2024-CP-01303-SCT (per curiam affirmance)
- In Re: Local Rules, 89-R-99015-SCT (granting motion to rescind a local rule in the First Chancery District)
- Taylor v. State, 2023-CT-00738-SCT (denying cert)
- Dew v. Greenwood Leflore Consolidated School District, 2024-CA-00067-SCT (denying rehearing)
- Mississippi Commission of Judicial Performance v. Littleton, 2026-JP-00306-SCT (suspending a county court judge without pay pending further order of the Court)
Mississippi Appeals Blog 