Madison Taylor

Mississippi Supreme Court Decisions of August 1, 2024

The Mississippi Supreme Court handed down one opinion today in a direct criminal appeal. There are several noteworthy orders including an order suspending a lawyer from practice and an order adopting the Mississippi Collaborative Law Rules.

Williams v. State, 2023-KA-00153-SCT (Criminal – Felony)
Affirming denial of defendant’s motion for new trial after he was convicted of sexual battery, holding that conflicting testimony did not prove that the verdict was against the overwhelming weight of the evidence.
(9-0)

Other Orders

In Re: Rules for Collaborative Law, 89-R-99044-SCT (En banc order granting the Mississippi Bar’s Petition to Create Rules for Collaborative Law and adopting the Mississippi Collaborative Law Rules) (Note – I suppose these rules will join twenty-three other sets of rules under the MS Rules of Court.)
The Mississippi Bar v. Rogers, 2024-BD-00215-SCT (suspending respondent from the practice of law)
Smith v. Ford, 2022-CT-00255-SCT (denying cert)
Fluker v. State, 2022-CT-00692-SCT (granting cert)
Barefield v. Barefield, 2022-CT-00834-SCT (denying cert)
Quinn v. State, 2022-CT-00962-SCT (granting cert)
Hunter v. State, 2022-CT-01269-SCT (dismissing cert petition as untimely)
In Re: Administrative Orders of the Supreme Court of Mississippi, 2024-AD-00001-SCT (directing the disbursement of $176,989.51 in civil legal assistance funds among the MS Center for Legal Services, MS Volunteer Lawyers Project, and North MS Rural Legal Services)

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Mississippi Supreme Court Decisions of July 25, 2024

The Mississippi Supreme Court handed down just one opinion today in a direct criminal appeal. Since I had a 1:30 p.m. hearing today, I welcome the reprieve from volume.

Sheely v. State, 2023-KA-00493-SCT (Criminal – Felony)
Affirming conviction of possession of more than 0.1 gram but less than 2 grams of meth, holding that the evidence was sufficient to support the verdict and that the trial court did not abuse its discretion in denying the defendant’s proposed broken chain of custody instruction because the defendant did not overcome the presumption of regularity.
(9-0)

Other Orders

Hutto v. State, 2017-DR-01207-SCT (denying motion for leave to file successive petition for PCR)
Harper v. State, 2022-CT-00659-SCT (denying cert)

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Mississippi Court of Appeals Decisions of July 23, 2024

The Mississippi Court of Appeals handed down eleven opinions yesterday. There are several direct criminal appeal, a couple of wills and estates cases, a personal injury case dismissed for want of prosecution, and an insurance coverage case. There is also a handful of PCR cases including one denial that was reversed and another denial that was vacated because the judge was disqualified.

Brown v. State, 2023-KA-00082-COA (Criminal – Felony)
Affirming conviction of three counts of touching a child for lustful purposes and four counts of sexual battery, holding that the trial court did abuse its discretion in excluding the defendant’s mothers testimony that the victim had asked about what the repercussions would be if she lied and holding, that the indictment was legally sufficient, that the conviction was supported by sufficient evidence, and that there was no plain error affecting the defendant’s substantial rights.
(6-2-0: Wilson and Westbrooks concurred in result only without writing.)

Wren v. Zellers, 2023-CA-00152-COA (Civil – Personal Injury)
Affirming dismissal for want of prosecution, holding that the circuit court did not abuse its discretion where there was a clear record of delay over the course of four years.
(5-3-0: Wilson concurred in part and in the result without writing; Westbrooks and McDonald concurred in result only without writing; Smith did not participate)

Gibson v. State, 2023-KA-00821-COA (Criminal – Felony)
Affirming conviction of possession of a controlled substance, holding that upon review of counsel’s Lindsey brief and the record that there were no issues that warranted reversal.
(9-0)

Grayson v. State, 2023-KA-00400-COA (Criminal – Felony)
Affirming conviction of aggravated assault, holding that after reviewing counsel’s Lindsey breif and the record that there were no arguable issues that required supplemental briefing and affirming the trial court.
(9-0)

Bradley v. State, 2023-CP-00763-COA (Civil – PCR)
Affirming denial of PCR motion, holding that the trial court did not err in denying the motion as successive.
(8-1-0: Wilson concurred in part and in the result without separate written opinion)

In re the Estate of Warren, 2023-CA-00438-COA (Civil – Wills, Trusts & Estates)
Affirming the chancellor’s decision after bench trial in a will contest and contest over inter vivos transfers, holding that the chancellor did not commit clear error in finding no confidential relationship, finding no evidence of undue influence, and finding that the testator had the requisite mental competence and testamentary capacity when he made the inter vivos transfers and executed his will, and granting a motion to strike an exhibit in the record excerpts that was not included in the lower court record.
(7-2-0: Westbrooks and McDonald concurred in result only without writing)

Clark v. Alfa Ins. Co., 2022-CA-01251-COA (Civil – Insurance)
Affirming the trial court’s grant of declaratory and summary judgment in favor of an insurer, holding that the agricultural enterprise exclusion in the homeowner’s policy at issue applied to the plaintiffs’ claim against the insured after the plaintiffs’ vehicle collided with the insured’s cattle.
(9-0)

Brown v. State, 2023-CP-00171-COA (Civil – PCR)
Affirming denial of motion for PCR seeking to set aside a guilty plea, holding that the motion was time barred.
(9-0)

Norman v. State, 2023-CP-00296-COA (Civil – PCR)
Reversing denial of PCR motions, holding that the circuit court erred by not considering whether the motion was timely under the UPCCRA and remanding for that purpose.
(5-4: Emfinger dissented, joined by Carlton, Wilson, and Smith)

Price v. State, 2023-CA-00941-COA (Civil – PCR)
Vacating and remanding the dismissal of a PCR motion, holding that the circuit judge who denied the PCR motion was disqualified because she was the district attorney when the petitioner entered his guilty plea.
(9-0)

In the Matter of the Estate of Staten, 2023-CP-00228-COA (Civil – Wills, Trusts & Estates)
Affirming the chancery court’s denial of a motion to set aside a prior denial of a prior request to reopen an estate, holding that the appellant had waived her right to appeal issues that had been previously litigated and that the trial court did not abuse its discretion denying motions to set aside/reconsider.
(8-0: Smith did not participate.)

Other Orders

Jordan v. State, 2022-CP-00874-COA (denying rehearing)
Frazier v. State, 2022-KA-00896-COA (dismissing untimely motion for rehearing)
The Avion Group, Inc. v. The City of Oxford, 2023-CA-00169-COA (denying rehearing)
Weaver v. State, 2024-TS-00438-COA (dismissing utimely appeal)

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Mississippi Supreme Court Decisions of July 18, 2024

The Mississippi Supreme Court handed down three opinions today. There are two direct criminal appeals (one of which resulted in reversal) and one convoluted civil case stemming from business dealings related to a mixed-use development.

Jones v. State, 2022-KA-01173-SCT (Criminal – Felony)
Affirming conviction of murder, holding that the defendant was not denied a fair and impartial trial by the State’s reference to other bad acts in its opening statement and that the verdict was not against the overwhelming weight of the evidence.
(9-0)

Walker v. State, 2023-KA-00467-SCT (Criminal – Felony)
Reversing conviction of knowlingly possessing methamphetamine with a firearm enhancement, holding that the State failed to present sufficient, competent evidence connecting the defendant to the meth to establish constructive possession where there was another passenger in the vehicle the defendant was driving and the meth was found between the driver’s seat and the center console.
(8-1: Randolph dissented)

NOTE – Here is some of the key rationale:

Landrum v. Livingston Holdings, LLC, 2022-CA-00498-SCT (Civil – Other)
Affirming in part and reversing in part on direct and cross-appeal in a dispute arising out of business agreements related to a mixed-use development, holding that the chancellor did not err in finding that one litigant did not have derivative standing on behalf of an LLC; that the chancellor did not err in denying a Rule 52(a) request for findings of fact and conclusions of law; that the chancellor did not err in denying a Rule 54(b) motion for final judgment; that the chancellor erred in finding no fiduciary duty existed between to entities but did not err in such a find as to others; that several issues were waived for failure to cite authority in briefing; that the chancellor did not err in excluding expert testimony; that the chancellor erred in dismissing the breach of contract claim; and that the chancellor erred in denying attorneys’ fees.
(6-3: King concurred in part and dissented in part, joined by Kitchens; Griffis concurred in part and dissented in part, joined by Kitchens and King)

NOTE – The majority opinion is 44 pages that include many convoluted underlying facts that I have not attempted to convey here.

Other Orders

In Re: The Mississippi Access to Justice Commission, 89-R-99032-SCT (reappointing Hon. Tiffany Grove, David Haadsma, and Julian Miller as Commissioners of the Access to Justice Commission to terms expiring June 30, 2027, and appointing Michael Carr, Hon. Joseph Kilgore, and Barrett Blake Teller as Commissioners to terms expiring June 30, 2027, to succeed Michelle Clouse, Hon. Trent Favre, and Stephen Johnson.)
Ronk v. State, 2021-DR-00269-SCT (denying rehearing)
Riordan v. Estate of Haguewood, 2022-CT-00606-SCT (denying cert)
Ratcliff v. State, 2022-CT-00690-SCT (granting cert)
Scates v. State, 2022-CT-00856 (denying cert)
Premier Radiology, P.A. v. Davis, 2022-IA-00916-SCT (denying reconsideration and reinstatement)

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Mississippi Court of Appeals Decisions of July 16, 2024

The annual July hiatus is over and the Mississippi Court of Appeals is back today with nine opinions. There are four direct criminal appeals, including one reversal of a murder conviction. There are three real property cases, one involving a partition, one an administrative condemnation decision, and the other a landowner’s right to keep horses on her property within city limits. There is also a custody modification decision and a PCR decision. (If you notice a missing tenth judge on these cases, Judge Greenlee’s retirement from the court was effective July 1, 2024.)

JDB Rentals, LLC v. City of Verona, 2023-CA-00431-COA (Civil – Real Property)
Reversing the circuit court’s decision affirming the board of aldermen decision administratively condemning three of rental properties, holding that the exclusionary rule prohibited consideration of evidence the code-enforcement officer obtained incident to an unconstitutional search of property.
(8-1-0: Carlton concurred in result only without writing)

Davis v. State, 2023-KA-00636-COA (Criminal – Felony)
Affirming conviction of first-degree murder and shooting into a motor vehicle, holding that the trial court did not err by not striking four potential jurors because none of the four was seated on the jury.
(8-1-0: McDonald concurred in the result only without writing)

Shanks v. State, 2023-CP-00271-COA (Civil – PCR)
Affirming denial of PCR motion seeking relief from a 2003 guilty plea, holding that the claims were not subject to any exception and did not involved the parole board.
(9-0)

Wade v. Simmons Erosion Control, Inc., 2023-CA-00733-COA (Civil – Real Property)
Affirming the chancery court’s decision dividing a large tract of land between two landowners, holding that the chancellor did not commit manifest error by accepting and approving a special master’s report and choosing one of the partition options presented by the special master.
(9-0)

Sinquefield v. The City of Ridgeland, 2022-CA-01276-COA (Civil – Real Property)
Reversing the circuit court’s decision that affirmed the City’s unanimous (no nays) decision that a landowner lacked the requisite acreage to maintain two horses on her property, holding that the City had to be reined in because its interpretation of the ordinance was not based on substantial evidence and was arbitrary and capricious where the owner had ponied up and acquired possessory interest in adjacent tracts.
(6-1-0: McCarty concurred in part and in the result without trotting out a written opinion; Barnes and Emfinger did not participate)

Herrington v. State, 2022-KA-00691-COA (Criminal – Felony)
Affirming conviction of aggravated assault, holding that after reviewing counsel’s Lindsey brief and the record that there were no issues that warranted reversal.
(8-0: Lawrence did not participate)

Littleton v. State, 2023-KA-00239-COA (Criminal – Felony)
Reversing the conviction of first-degree murder, holding that the circuit court erred in admitting a recorded statement of a witness where the witness was not called giving the defendant no opportunity to cross-examine the witness in violation of the Confrontation Clause, that the admission of the statement was not harmless error, and that the trial court abused its discretion in refusing to give the proposed defense instruction stating the jury’s duty to acquit should it find that the defendant acted in necessary self-defense.
(6-3-0: Lawrence and Emfinger concurred in part and in the result without writing; Wilson concurred in result only without writing)

NOTE – Here is a summary of the court’s holding that the admission of the statement was error from paragraph 42 of the opinion:

Wells v. State, 2022-KA-00707-COA (Criminal – Felony)
Affirming conviction of conspiracy to commit murder and first-degree murder, holding that the verdict was not against the overwhelming weight of the evidence.
(9-0)

May v. Brown, 2023-CA-00624-COA (Civil – Custody)
Affirming the chancery court’s child-custody modification order, holding that substantial evidence supported the modification giving the father primary care, control, and custody of the minor.
(8-1: Westbrooks concurred in result only without writing)

Other Orders

Estate of Green v. Michini, 2022-CA-00365-COA (denying motions for rehearing)
Rambo v. Kelly Natural Gas Pipelines, LLC, 2023-WC-00402-COA (denying rehearing)

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Mississippi Supreme Court Decisions of June 27, 2024

The Mississippi Supreme Court handed down three opinions yesterday. The first opinion is a decision about damages following a voided tax sale. The second is an answer to a certified question from the Fifth Circuit asking whether Mississippi law permits workers’ comp policies to be voided ab initio based on a material misrepresentation. The third opinion reviews summary judgment in a med mal case centering on whether the discovery rule applied.

Thoden v. Hallford, 2022-CA-00835-SCT (Civil – Real Property)
Affirming in part and reversing in part the chancellor’s decisions in a case stemming from a voided tax sale of real property, holding that the chancellor correctly determined that the buyer was entitled to a refund of the purchase price of the voided sale plus interest, that the buyer was not entitled to reimbursement for costs incurred on the property, and that the legal owner was entitled to a set-off, but that the chancellor erred by determining that the purchaser was not entitled to taxes paid between the purchase and the voidance.
(7-0: Randolph and Griffis did not participate)

American Compensation Ins. Co. v. Ruiz, 2023-FC-01160-SCT (Civil – Federally Certified Question)
Answering a certified question from the Fifth Circuit, holding that workers’ compensation policies cannot be voided ab initio based on an material misrepresentation by the employer because the MWCA controls, rescission is inconsistent with Section 71-3-77(1), and allowing rescission would go against the express, statutory purpose of the MWCA.
(7-1: Coleman dissented, Randolph did not participate)

NOTE/DISCLOSURE: I represented one of the parties in this case and argued that the common law remedy of voiding a policy ab initio cannot be used to void a workers’ comp policy because of the comprehensive and exclusive nature of the MWCA. This issue had never been addressed by Mississippi courts, so when the carrier appealed the U.S. District Court’s decision granting our motion for summary judgment, the Fifth Circuit submitted a certified question to the Mississippi Supreme Court. This has been one of my favorite cases to handle with an interesting, novel legal issue at its core. Needless to say, I am gratified that the question was answered in my client’s favor despite great lawyering by opposing counsel.

Here is the crux of the Court’s holding:

McNinch v. Brandon Nursing & Rehabilitation Center, L.L.C., 2023-CA-00050-SCT (Civil – Wrongful Death)
Reversing summary judgment in favor of the defendant nursing home and hospital in a med mal case, holding the discovery rule tolled the statute of limitations where suit was filed within two years and sixty-days of when the decedent’s widow received his medical records which were requested with reasonable diligence.
(9-0)

Other Orders

In Re: Commission on Continuing Legal Education, 89-R-99011-SCT (reappointing Elizabeth Lee Maron, Robert Michael Tyler, Jr., and Sam H. Buchanan to three-year terms)
Archie v. State, 2022-KA-00326-SCT (denying rehearing)
Mississippi Department of Child Protection Services v. B.F., 2023-IA-00689-SCT (dismissing interlocutory appeal as moot)

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Mississippi Supreme Court Decisions of June 20, 2024

The Mississippi Supreme Court handed down three opinions on Thursday. The first is a divorce case that discusses property classification and alimony and partially overrules a prior decision. The second decision is a direct criminal appeal appealing the denial of an indigent defendant’s request for funding for defense experts. The third case involves a motion for protective order that was sought to exempt redacted information from a public records request disclosure.

Cassell v. Cassell, 2023-CA-00213-SCT (Civil – Domestic)

Affirming the chancellor’s rulings in a divorce matter, holding that the chancellor did not err in the classification of property or award of alimony, that the burden of proof to rebut the presumption of marital property is preponderance of the evidence, and that the party claiming property excluded from marital property has been commingled and transformed into marital property bears the burden of proof by a preponderance of the evidence, and “overrul[ing] Cheatham insofar as it has any bearing on a chancellor’s decision to award alimony and reaffirm the factors enumerated in Ferguson—awarding alimony during the division of the estate—and Armstrong—awarding alimony subsequent to the division of the estate—as the appropriate factors to be considered.”

(9-0)

Harris v. State, NO. 2023-KA-00038-SCT (Criminal – Felony)

Affirming conviction for aggravated DUI, holding that the trial court did not abuse its discretion denying the indigent defendant’s request for funds to retain experts where the requests were insufficient to show a substantial need for state funding or defense experts.

(9-0)

UnitedHealthcare of Mississippi, Inc. v. Amerigroup Mississippi, Inc., 2022-SA-01216-SCT (Civil – Other)

Affirming the chancellor’s decision denying a motion for protective order that sought to exempt redacted information in a qualification United Healthcare had submitted to the Department of Medicaid from disclosure in response to a public records request, holding that United did not meet its burden of showing that the redacted information was either a trade secret or confidential commercial or financial information, and denying United’s request to supplement the record.

(9-0)

Other Orders

Simmons v. State, 2022-CT-01260-SCT (denying cert)

Brown v. State, 2024-M-00013 (granting application for leave to file a motion for post-conviction DNA testing)

Bonner v. The Mississippi Bar, 2024-BD-00142-SCT (granting leave under Mississippi Rule of Discipline 11(b) to resign in good standing from the practice of law in Mississippi)

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Mississippi Court of Appeals Decisions of June 18, 2024

The Mississippi Court of Appeals handed down six opinions today. Five were direct appeals of felony convictions. The sixth opinion is a constructive trust case.

Longs v. State, 2022-KA-00750-COA (Criminal – Felony)
Affirming bench trial convictions of manslaughter and simple assault, holding that the defendant had been properly questioned by the trial court about waiving her right to a jury trial and that her waiver was knowing, intelligent, and voluntary.
(9-0: Smith did not participate.)

Williams v. Williams, 2023-CA-00360-COA (Civil – Wills, Trusts & Estates)
Affirming the chancery court’s dismissal of a petition for constructive trust regarding real property owned by the petitioner’s mother who allowed the petitioner to live there rent-free in exchange for assistance with repairs and upkeep, holding that the petitioner failed to prove a confidential relationship or, alternatively, an abuse of such a relationship and holding that the chancellor did not err in refusing to impose a constructive trust based on equity and good conscience.
(9-1-0: Barnes concurred in part and in the result without writing.)

Jackson v. State, 2023-KA-00224-COA (Criminal – Felony)
Affirming conviction of shooting into a motor vehicle, holding that after a review of counsel’s Lindsey brief and the record, that there were no issues warranting reversal.
(10-0)

Baucom v. State, 2023-KA-00516-COA (Criminal – Felony)
Affirming conviction of one count of sexual battery and two counts of fondling, holding that the evidence was sufficient to support the convictions and, specifically, that the criminal conduct in this case was sufficiently near the charged time from to sustain the conviction.
(10-0)

Page v. State, 2023-KA-01078-COA (Criminal – Felony)
Affirming conviction of rape, sexual battery, and burglary of a dwelling, holding that the trial court did not err in admitting evidence of two prior bad acts to prove identity and explain how the defendant became a suspect where a limiting instruction was also given.
(10-0)

Black v. State, 2022-KA-01223-COA (Criminal – Felony)
Affirming conviction of four types of drugs with intent to distribute, holding that the trial court did not abuse its discretion in admitting the defendant’s statement to police or in allowing a witness to be recalled to testify to the defendant’s inculpatory statement, and holding that the evidence was sufficient to prove intent to distribute.
(8-2: McDonald dissented without writing; Westbrooks dissented, joined by McDonald.)

Other Orders

Wilbourn v. Wilbourn, 2018-CA-01653-COA (denying rehearing)
White v. White, 2022-CP-00823-COA (denying rehearing)
Toney v. State, 2023-CP-00151-COA (denying rehearing)

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Mississippi Supreme Court Decisions of June 13, 2024

The Mississippi Supreme Court handed down four opinions today. Three of the opinions are direct criminal appeals, and one of those involved a reverse Batson challenge. The fourth opinion was a dec/injunction action against MDCPS.

Morris v. State, 2023-KA-00546-SCT (Criminal – Felony)
Affirming conviction for statutory rape, holding that the evidence was sufficient to support the conviction and that the verdict was not against the overwhelming weight of the evidence.
(9-0)

Turner v. State, 2023-KA-00074-SCT (Criminal – Felony)
Affirming conviction of kidnapping after the defendant failed to return her daughter to the child’s lawful custodian, holding that there was sufficient evidence to support the conviction.
(9-0)

Smith v. State, 2021-CT-01003-SCT (Criminal – Felony)
Affirming conviction of first-degree murder having granted cert on the issue of whether the case should be remanded for another Batson hearing, holding that the trial court did not err in disallowing two of the defendant’s strikes after reverse Batson challenges.
(6-3: King dissented, joined by Kitchens and joined in part by Ishee)

Jones v. Miss. Dept. of Child Protective Services, 2022-SA-01234-SCT (Civil – State Boards and Agencies)
Affirming the chancellor’s decisions granting MDCPS a judgment on the pleadings in an injunctive and declaratory action against MDCPS’s policy not to investigate allegations of abuse at school, holding that Mississippi law (Mississippi Code Section 43-21-353 (Rev. 2023), specifically) does not require the MDCPS to investigate a report that a child has been abused at school.
(6-1-2: Randolph concurred in the result only without writing; Kitchens dissented, joined by King)

Other Orders

Rules for Court Reporters, 89-R-99021-SCT (appointing Leslie D. King, Candace O’Barr Jones, Kati Vogt, and Latanya Allen as members of the Board of Certified Court Reporters for two-year terms from July 1, 2024, through June 30, 2026)
Haverscome v. State, 2022-CT-00391-SCT (denying cert)
Brown v. State, 2022-CT-00446-SCT (denying cert)
Gilmer v. Biegel, 2022-CP-00528-SCT (one order denying cert; granting motion for fees)
Moore v. Miss. Farm Bureau Casualty Ins. Co., 2022-CT-00555-SCT (denying cert)
Gregory Meridian Acquisition, LLC v. McFarland, 2022-CT-00580-SCT (denying cert)
Wiggins v. Southern Securities Group, LLC, 2024-TS-00251 (accepting request for interlocutory appeal as notice of appeal)
Mi Pueblo Mexican Restaurant, LLC v. Breakfast Cove, LLC, 2024-CA-00271 (granting leave to proceed in the trial court with Miss. R. Civ. P. 60 motion but denying stay request)

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Mississippi Court of Appeals Decisions of June 11, 2024

The Mississippi Court of Appeals handed down nine opinions today. There are four divorce-related decisions, two direct criminal appeals, a tort case dismissed for failure to state a claim, a negligence case dismissed for want of prosecution, and a PCR case.

Roley v. Roley, 2022-CP-01104-COA (Civil – Domestic Relations)
Affirming the chancery court’s rulings in a divorce action, holding that that the chancellor did not err in denying appellant’s Rule 60 motion that was filed after the mandate from the appeal of the case had been entered because the mandate rule barred reconsideration and that the chancellor did not err in finding the appellant in contempt or in incarcerating him for it.
(8-1-0: Westbrooks concurred in result only without separate written opinion; Lawrence did not participate)

Clark v. State, 2023-KA-00011-COA (Criminal – Felony)
Affirming conviction of simple possession of a controlled substance, holding that after reviewing counsel’s Lindsey brief, appellant’s pro se brief, and the record that there was sufficient evidence to support the conviction and that there were no other issues to warrant reversal.
(10-0)

Scott v. State, 2022-KA-00830-COA (Criminal – Felony)
Affirming convictions of touching a child for lustful purposes, nine counts of sexual battery, and one count of exploitation of a child, holding that the trial court did not err in denying the defendant’s motion for change of venue because the motion to change venue was procedurally defective and lacked merit.
(9-0)

Ware v. Ware, 2023-CA-00605-COA (Civil – Domestic Relations)
Affirming the chancellor’s rulings in a divorce action, holding that the chancellor did not abuse his discretion finding that the martial home was a marital asset, in distributing the marital home equally between the parties, or in not making specific findings of fact and conclusions of law as to each Ferguson factor.
(10-0)

Hasley v. Hasley, 2023-CA-00914-COA (Civil – Domestic Relations)
Reversing the chancellor’s ruling that temporary orders of separate maintenance had been converted to a final order of support, holding that the order being appealed was entered while the case was previously on appeal and that the issue sub judice was encompassed in the Court of Appeals’ prior ruling and remanding for further proceedings.
(8-2-0: Barnes and Wilson concurred in part and in the result without writing)

Archer v. Harlow’s Casino Resort & Spa, 2022-CP-01060-COA (Civil – Torts)
Affirming the circuit court’s denial of the pro se plaintiff’s motion to amend her complaint after the initial complaint was dismissed for failure to state a claim and failure to plead fraud with particularity, holding that the proposed amended complaint failed to state a claim for relief.
(10-0)

Pace v. Pace, 2022-CA-01259-COA (Civil – Domestic Relations)
Affirming in part and vacating in part the chancellor’s rulings in a divorce matter related to the sale of a jointly owned commercial building, holding that the chancellor lacked jurisdiction to grant one party’s contempt motion but affirming the chancellor’s decision ordering that party to buy the other party’s interest in the property and denial of the Rule 59 motion.
(10-0)

Jiles v. State, 2023-CP-00383-COA (Civil – PCR)
Affirming the dismissal of several PCR motions, holding that they were time-barred and successive and that and no exceptions applied, and that the remaining arguments were waived because he pleaded or because he did not raise them in the circuit court.
(10-0)

Ware v. Brown, 2023-CA-00663-COA (Civil – Personal Injury)
Affirming dismissal of a negligence action for want of prosecution, holding that there was a clear record of delay including two granted motions to compel and a two-year effort to obtain one plaintiff’s relevant medical history, that the circuit court did not abuse its discretion by dismissing the complaint with prejudice in lieu of lesser sanctions.
(5-1(2?)-3(2?): Wilson and Smith concurred in part and in the result without separate written opinion; McDonald concurred in part and dissented in part; joined by McCarty and Smith; Westbrooks did not participate.)

Other Orders

Patrick v. Patrick, 2021-CA-00891-COA (denying rehearing)
Okorie v. Nat’l Ass’n Wells Fargo Bank, 2022-CP-00043-COA (denying pro se motion for reconsideration)
Marshall v. State, 2022-KA-00541-COA (denying rehearing)
Roley v. Roley, 2022-CP-01104-COA (denying motions for reconsideration and for recusal of four judges of the Court of Appeals)
Hartzog v. State, 2024-TS-00033-COA (denying pro se “motion to show cause” and dismissing appeal)

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