The Mississippi Court of Appeals closed out the month with eleven opinions yesterday. The decisions cover felonies, workers’ comp, real property, termination of parental rights, domestic abuse protection order, heirship, foreclosure/service of process, rezoning , and PCR.
Muhammad v. State, 2024-KA-00440-COA (Criminal – Felony)
Reversing conviction of one count of aggravated domestic violence, holding that the trial court abused its discretion in admitting evidence of prior bad acts and that the defendant was prejudiced by the ruling.
(8-1-1: Lassitter St. Pe’ for the Court; Lawrence concurred in part and in the result without writing; Emfinger concurred in part and dissented in part without writing)
Braxton v. State, 2025-CP-00051-COA (Civil – PCR)
Affirming the denial of a PCR motion, holding that the trial court did not err in finding that the arguments were waived by pleading guilty.
(10-0: Weddle for the Court)
Morris v. State, 2024-CP-00580-COA (Civil – PCR)
Affirming the summary denial of a PCR motion, holding that the trial court did not err in denying a preliminary hearing and that the substantive arguments were without merit.
(8-2-0: Emfinger for the Court; Westbrooks and McDonald concurred in result only without writing)
Jones v. Brown, 2025-CA-00031-COA (Civil – Other)
Affirming the chancellor’s decision on a petition to determine heirs, holding that the chancellor did not err in finding that the putative heir did not prove heirship by clear and convincing evidence.
(6-4-0: Emfinger for the Court; McCarty and Weddle concurred in part and in the result without writing; Westbrooks and McDonald concurred in result only without writing)
Sievers v. Faucheaux-Sievers, 2024-CA-01112-COA (Civil – Domestic Relations)
Affirming the chancery court’s decision issuing a new domestic abuse protection order, holding that the chancellor did not abuse her discretion in entering a final protection order and that the defendant was not entitled to a voluntary dismissal.
(9-1-0: Lawrence for the Court; Wilson concurred in result only without writing)
Armstrong v. State, 2024-KA-01217-COA (Criminal – Felony)
Affirming conviction of two drug charges, holding that the trial court did not err in denying a motion to suppress evidence found pursuant to two search warrants.
(9-1-0: Lawrence for the Court; Wilson concurred in part and in the result without writing)
J.R.M. v. Warren County Dept. of CPS, 2024-CA-00984-COA (Civil – Other)
Affirming the youth court’s termination of parental rights, holding that there was sufficient evidence to support the youth court’s finding that the father failed to exercise reasonable visitation.
(10-0: Wilson for the Court)
Smith v. Dennis Wright & Son Plumbing, 2025-WC-00046-COA (Civil – Workers’ Compensation)
Affirming the Commission’s decision, holding that there was substantial evidence to support the Commission’s finding that the claimant did not sustain a compensable left shoulder injury.
(10-0: Carlton for the Court)
Note/Disclosure – I handled this appeal for the Employer/Carrier.
Taylor v. State, 2024-KA-00280-COA (Criminal – Felony)
Affirming conviction of one count of sexual battery and one count of gratification of lust against a minor, holding that the arguments that the indictment was defective for overbreadth and vagueness were waived and without merit, that arguments that hearsay testimony was not properly admitted for lack of a proper tender-years hearing were waived and without merit, and that arguments that the State improperly bolstered testimony was waived for lack of objection.
(9-1-0: Barnes for the Court; McCarty concurred in part and in the result without writing)
OneWest Bank, FSB v. Brown-Wood, 2024-CA-01125-COA (Civil – Real Property)
Affirming the chancellor’s decision in a foreclosure matter, holding that the chancellor did not err in granting a motion to set aside a prior order granting an extension of time to serve process, denying a motion for leave to amend, or in dismissing a complaint for judicial foreclosure.
(10-0: Barnes for the Court)
Feather v. City of Saltillo, 2024-CA-00831-COA (Civil – Other)
Affirming the circuit court’s decision to affirm the City’s approval of a rezoning application, holding that the Board’s decision that a public need existed was “fairly debatable” and would not be disturbed on appeal.
(5-4: Westbrooks for the Court; Emfinger dissented without writing; Wilson dissented, jioned by Carlton, McCarty, and Emfinger; Weddle did not participate)
Other Orders
- J.T.S. v. M.L.S., 2024-CA-00023-COA (denying rehearing)
- CNRS&Z Inc., v. Bridgecrest Acceptance Corporation, 2024-CA-00365-COA (denying rehearing)
- Shelton v. State, 2024-CA-00435-COA (denying rehearing)
- Chavers v. State, 2024-KA-00551-COA (denying rehearing)
- Estate of Dorsey v. Matory, 2024-CA-00925-COA (denying rehearing)
- Rasbeery v. State, 2024-KA-01005-COA (denying rehearing)
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