The Mississippi Court of Appeals handed down seven opinions today. There are five felony appeals with a reversal in there. The others are an appeal of summary judgment in a med mal case for lack of expert and an appeal of an award of attorney’s fees in a divorce case.
Barnett v. State, 2024-KA-01298-COA (Criminal – Felony)
Affirming conviction of one count of second-degree murder, holding that the evidence was sufficient to support the conviction.
(9-1-0: Lassitter St. Pe’ for the Court; McDonald concurred in result only without writing)
Marshall v. State, 2025-KA-00011-COA (Criminal – Felony)
Reversing conviction of first-degree murder, holding that the trial court abused its discretion refusing to admit theory-of-defense evidence that another person had a motive to kill the victim.
(10-o: Wilson for the Court)
Johnson v. State, 2024-KA-01268-COA (Criminal – Felony)
Affirming conviction of one count of burglary of a dwelling, two counts of auto burglary, one count of possession of a stolen firearm, and two counts of attempted capital murder, holding the evidence was sufficient to prove deliberate design, that the trial court did not abuse its discretion admitting a jail call recording, and that the trial court did not abuse its discretion allowing testimonial narration of the recorded police interrogation.
(10-0: Weddle for the Court)
Brooks v. Natchez Hospital Company, LLC, 2024-CA-01168-COA (Civil – Med Mal)
Affirming summary judgment dismissing a med mal case for failure to designate an expert, holding the trial court did not err in denying a continuance and an extension of time for discovery.
(7-2-0: McCarty for the Court; Wilson concurred in part and in the result without writing; Westbrooks dissented; McDonald did not participate)
Quintana v. State, 2025-KA-00440-COA (Criminal – Felony)
Affirming conviction of improper touching of a minor, holding that the trial court did not abuse its discretion denying a mistrial where to two spectators clapped after the victim’s testimony and the trial court admonished them outside the presence of the jury.
(9-1: McCarty for the Court; Westbrooks dissented without writing)
McCreary v. McCreary, 2024-CA-01139-COA (Civil – Domestic Relations)
Reversing the chancery court’s award of attorney’s fees after dueling motions for contempt, holding that the chancellor erred by not conducting a McKee analysis.
(10-0: Lawrence for the Court)
Howard v. State, 2025-KA-00171-COA (Criminal – Felony)
Affirming conviction of two counts of statutory rape, two counts of touching a child, and one count of sexual battery, holding that the trial court did not commit reversible error in permitting Rule 404(b) evidence and the State’s cross-examination regarding that evidence and that the verdicts were not against the overwhelming weight of the evidence.
(10-0: Westbrooks for the Court)
Other Orders
- Odom v. State, 2023-KA-01165-COA (denying motion for leave to file out-of-time motion for rehearing)
- P.P.R., v. Robertson, 2024-CA-00373-COA (denying rehearing)
- Bright Beginnings Daycare III and IV v. MDHS, 2024-SA-01008-COA (denying rehearing)
- Breland v. State, 2024-KA-01022-COA (denying rehearing)
- Vu v. State, 2024-KA-01117-COA (recalling mandate and accepting motion for rehearing as timely)
- Prince v. State, 2025-KA-00448-COA (denying motion to suspend rehearing deadline)
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