The Mississippi Court of Appeals handed down three opinions today. Two are criminal appeals and one is an appeal of summary judgment in a wrongful foreclosure claim.
Sanders v. State, 2024-KA-01401-COA (Criminal – Felony)
Affirming conviction of twelve counts of sexual battery, holding that the indictments provided sufficient notice, that there was no merit to the double jeopardy claim, and that the evidence was not against the overwhelming weight of the evidence.
(8-2-0: Weddle for the Court; Wilson and Emfinger concurred in part and in the result without writing)
Gwin v. State, 2025-KA-00437-COA (Criminal – Felony)
Affirming conviction of two counts of simple assault of a law enforcement officer, holding that the trial court did not abuse its discretion admitting testimony over a hearsay objection, that the trial court did not improperly limit the defense’s cross-examination of an officer, and that the verdict was not contrary to the overwhelming weight of the evidence.
(6-4-0: Barnes for the Court: Wilson, McCarty, and Emfinger concurred in part and in the result without writing; Westbrooks concurred in result only without writing)
Harris v. Aurora Loan Services, 2024-CA-01118-COA (Civil – Contract)
Affirming the chancery court’s order granting summary judgment in favor of the defendants in an action challenging a foreclosure, holding that the plaintiff waived any claim to have the foreclosure sale and substitute trustee’s deed set aside when he dropped claims against the purchaser and dismissed them from the case, that he waived alleged failure to comply with the deed of trust’s notice requirements when he failed to object to the foreclosure sale and failed to allege defect in notice for over two years, that he failed to present probative evidence that the debt was canceled, and that his claims were barred by the statute of limitations.
(5-5: Wilson for the Court; Barnes, Westbrooks and Lassitter St. Pe’ concur in part and dissent in part without writing; McDonald concurred in part and dissented in part, joined by Westbrooks and Lassitter St. Pe’, and joined in party by Barnes)
Other Orders
- Brown v. State, 2024-KA-00741-COA (granting motion to recall mandate and extend time to file for rehearing)
- Stewart v. State, 2024-CP-01094-COA (denying rehearing)
- McClelland v. State, 2024-KA-01422-COA (denying rehearing)
- Talley v. State, 2025-TS-01252-COA (extending deadline appeal)
Mississippi Appeals Blog 