Madison Taylor

Mississippi Court of Appeals Decisions of November 4, 2025

The Mississippi Court of Appeals handed down ten opinions yesterday. The Court covered a lot of ground including wills,the MTCA, felony convictions, an arbitration award, and arbitration agreement enforceability.

Pittman v. Charles Schwab & Co., Inc., 2024-CA-00619-COA (Civil – Torts)
Reversing the circuit court’s grant of a motion to compel arbitration, holding that the circuit court erred in finding that the plaintiff was a third-party beneficiary of an arbitration agreement.
(9-1: Weddle for the Court; Wilson dissented)

Ward v. State, 2024-KA-00341-COA (Criminal – Felony)
Affirming in part and reversing in part after a judgment of convictions of voyeurism and first-degree murder, holding that trial counsel was not ineffective for not requesting a severance or for failing to object to the State’s peremptory strikes and that the evidence was sufficient to support each of the convictions, but holding that the circuit court erred in refusing a heat-of-passion manslaughter instruction.
(7-3: Emfinger for the Court; Wilson and Westbrooks concurred in part and dissented in part without writing; Lawrence concurred in part and dissented in part, joined by Carlton and Westbrooks, joined in part by Wilson)

Roberts v. State, 2024-CA-00988-COA (Civil – PCR)
Reversing the trial court’s denial of a PCR motion, holding that because only one petition for revocation of Roberts’s PRS had been filed, the circuit court did not have the authority to impose her full sentence under section 47-7-37.
(6-4*-1: McDonald for the Court; Emfinger specially concurred, joined by Barnes, Weddle, and Lassitter St. Pe’, joined in part by Lawrence and McCarty; Wilson concurred in result only without writing; Lawrence dissented, joined in part by Emfinger and Weddle)

Fields v. State, 2024-KA-01204-COA (Criminal – Felony)
Affirming conviction of twenty-five counts of child exploitation, holding searches of the defendants laptops in Harrison County pursuant to a George County warrant were proper, and holding that the defendant cannot complain on appeal about the absence of a jury instruction his counsel strategically withdrew.
(10-0: McDonald for the Court)

Williams v. State, 2024-KA-00257-COA (Criminal – Felony)
Affirming conviction of manslaughter, holding that any error in limiting evidence related to the victim’s character did not warrant reversal in light of other evidence of guilt.
(8-2-0: Westbrooks for the Court; Wilson and Emfinger concur in result only without writing)

Jones v. Madison County Nursing Home, 2024-CA-00561-COA (Civil – Personal Injury)
Affirming the dismissal of a suit against a nursing home, holding that it was time-barred because it was filed outside of the MTCA’s one-year statute of limitations, holding that the County was not estopped from asserting the statute of limitations defense after the Board of Supervisors had responded to a pre-suit notice letter stating that the county was not a proper party.
(9-1-0: Wilson concurred in part and in the result without writing)

Chavers v. State, 2024-KA-00551-COA (Criminal – Felony)
Affirming conviction of two counts of manslaughter and one count of aggravated assault after driving a UTV into a group of people leaving a party, holding that the trial court did not abuse its discretion in giving a voluntary intoxication instruction, that the circuit court’s error in giving the jury the wrong set of jury instructions that error was harmless because it was corrected during deliberations, and that the verdict was supported by sufficient evidence.
(9-0: Wilson for the Court; Lawrence did not participate)

Estate of Fleishhacker: Ward v. Edwards, 2024-CA-00418-COA (Civil – Wills, Trusts & Estates)
Affirming the chancellor’s decision denying in a will contest, holding that the chancellor did not err in denying a request to probate a lost holographic will and finding an earlier will valid.
(7-2-0: Wilson concurred in part and in the result without writing; McDonald concurred in result only without writing; Weddle did not participate)

Practice Point – Though it did not affect the holding in the case, the Court held that the trial court erred in finding that one witness’s testimony was insufficient under section 91-7-10 because she was the primary beneficiary under the purported will. But the Court of Appeals noted that neither the chancellor nor the parties accounted for the repeal of the Dead Man’s Statute.

Gillespie Funeral Home, LLC v. Magnolia Guaranty Life Insurance Company, 2024-CA-00427-COA (Civil – Contract)
Affirming the chancellor’s decision after an arbitration award, holding that the chancellor did not err in denying a motion to set aside an arbitration award or in entering a final judgment confirming the award.
(9-1-0: Barnes for the Court; McDonald concurred in the result only without writing)

Sanford v. State, 2024-KA-00683-COA (Criminal – Felony)
Affirming a conviction of gratification of lust, statutory rape, and sexual battery, holding that the argument that the circuit judge should have recused himself after he was contacted by the victim’s father prior to trial was waived and without merit where the judge said he explained to the father that the could not talk about matters that could come before the court.
(9-1-0: Barnes for the Court; Westbrooks concurred in result only without writing)

Other Orders

Younger v. Southern, 2022-CA-01228-COA (denying rehearing)
Mangum v. State, 2023-KA-01198-COA (denying rehearing)
Morsi v. JB Hunt Corp., 2024-WC-00399-COA (denying rehearing)

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Mississippi Supreme Court Decisions of October 23 and October 30, 2025

My summaries of last week’s and today’s action from the Mississippi Supreme Court are below.

I will blame my tardiness in part on the fact that last week I had the privilege of presenting a civil case law update at the 2025 Law Clerk and Judicial Staff In-Person and Virtual CLE presented by The Bench-Bar Liaison Committee of the Mississippi Bar. It was a great time of catching-up with friends and presenting on something I am passionate about.

October 23, 2025

No Opinions

Other Orders

Harris v. Casino Vicksburg, LLC, 2023-CT-00959-SCT (denying cert)
Deer v. State, 2024-CT-00019-SCT (denying cert)
Hatchett v. State, 2024-CT-00100-SCT (denying cert)

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October 30, 2025

Lakeland Premier Women’s Clinic, PLLC v. Jackson, 2024-IA-00445-SCT (Civil – Medical Malpractice)
Reversing the trial court’s denial of a clinic and doctor’s motion for summary judgment in a med mal case on interlocutory appeal, holding that the trial court abused its discretion in denying the defendants’ motion for summary judgment and granting the plaintiff additional time to obtain an expert affidavit where the plaintiff filed a response to the motion for summary judgment on the day of the hearing without supporting medical affidavit or testimony.
(9-0: Branning for the Court)

Practice Point – The Court drew a distinction between the rule 56(c) which allows affidavits opposing an MSJ to be served as late as the day before the hearing and the uniform rule requiring a response to be filed within 10 days.

Jones v. State, 2024-KA-01356-SCT (Criminal – Felony)
Affirming conviction of attempted aggravated-assault, holding that the evidence was sufficient to support the verdict and that the verdict was not against the overwhelming weight of the evidence where evidence showed that the defendant pointed a gun at his neighbor before firing it.
(9-0: Maxwell for the Court)

Elliott Land Developments, LLC v. Board of Supervisors of Jackson County, Mississippi, 2024-CA-01249-SCT (Civil – Real Property)
Affirming the circuit court’s affirmance the board of supervisors’ denial of a rezoning application, holding that the board had jurisdiction, that whether the developer met its burden was a fairly debatable issue based on substantial evidence presented by each side, and that the board’s denial was not arbitrary or capricious.
(9-0: Coleman for the Court)

Chung v. State, 2023-CT-00362-SCT (Civil – Other)
Reversing the Court of Appeals and reinstating the trial court’s judgment, holding that sufficient evidence supported the trial court’s decision finding that the State met its burden of proof required in civil-forfeiture proceedings.
(5-4: Branning for the Court; Sullivan dissented, joined by King, Coleman, and Ishee)

Note – A 5-4 Court of Appeals reversed the trial court and a 5-4 Supreme Court reversed the Court of Appeals.

Other Orders

1st Step Sober Living LLC v. Cleveland, 2023-CT-00665-SCT (denying cert)
In Re: Administrative Orders of the Supreme Court of Mississippi, 2025-AD-00001-SCT (directing the disbursement of $189,619.03, 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 October 9, 2025

The Mississippi Supreme Court handed down one opinion today. It is a 5-4 decision on interlocutory appeal of an order denying a venue transfer.

Nat’l Health Ins. Co. v. Lever, 2024-IA-00112-SCT (Civil – Insurance)
Reversing the trial court’s denial of a motion to transfer venue in a lawsuit against a health insurance company, holding that venue was not proper where the medical treatment was rendered because the medical treatment was not a “substantial event” under the venue statute as it was not an act of the defendant.
(5-4: Randolph dissented, joined by King, Ishee, and Sullivan)

Other Orders

Culbertson v. State, 2023-CT-00588-SCT (dismissing cert petition that was previously granted)
Ladner v. Hinton Homes LLC, 2024-CT-00941-SCT (denying cert)

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Mississippi Court of Appeals Decisions of October 7, 2025

The Mississippi Court of Appeals handed down six opinions of substance yesterday. There is a divorce case, a timber case, a felony, a visitation/in loco parentis case, an heirship case, and a UM/UIM case with an interesting procedural question.

Hodge v. Hodge, 2024-CA-00745-COA (Civil – Domestic Relations)
Reversing the chancellor’s decision granting the ex-wife’s petition to set aside a final divorce degree arguing that she was forced to sign it under duress, holding that the chancellor did not abuse his discretion in finding the Rule 60(b)(4) motion timely, that section 93-5-2(5) did not apply because the complaint was not contested, that the chancellor erred by determining that the final divorce decree should be set aside in part because of the ex-husband’s claim splitting, and that there was not clear and convincing evidence that the ex-husband committed fraud.
(9-0: Lawrence for the Court; Barnes did not participate)

Payne Logging, LLC v. Smith, 2024-CA-00439-COA (Civil – Property Damage)
Affirming the chancellor’s award of monetary damages in a landowner’s claim against a logging company that removed timber off their property without permission while logging a neighbor’s property, holding that the chancery court did not err in applying the statutory guidelines in section 95-5-10.
(10-0: Westbrooks for the Court)

Hall v. State, 2024-KA-00364-COA (Criminal – Felony)
Affirming conviction of attempted capital murder, holding the the verdict was supported by sufficient evidence and that it was not against the overwhelming weight of the evidence.
(10-0: Wilson for the Court)

Edwards v. Johnson, 2023-CA-01271-COA (Civil – Domestic Relations)
Reversing the chancellor’s decision denying a petition to establish visitation by a non-parent, holding that the chancellor erred in applying the doctrine of unclean hands before determining the petitioner’s in loco parentis status and, if necessary, reaching the issue of whether visitation was in the child’s best interest.
(6-3: Carlton for the Court; Weddle concurred in part and dissented in part without writing; Wilson dissented; Emfinger dissented, joined in part by Wilson and Weddle; Lawrence did not participate)

In the Matter of Estate of Lewis: Curry v. Thomas, 2024-CA-00346-COA (Civil – Wills, Trusts & Estates)
Reversing the chancellor’s decision establishing paternity, holding that the one-year limitation for paternity is self-executing and thus cannot be waived and that the petitioner was barred from asserting an heirship claim because she did not attempt to establish paternity until almost eighteen years after her putative father’s death.
(7-3*: Barnes for the Court; McCarty concurred in part and in the result without writing; McDonald concurred in result only without writing; Westbrooks specially concurred, joined by McDonald, McCarty, and Lassitter St Pe’)

Thompson v. State Farm Fire and Casualty Company, 2024-CA-00393-COA (Civil – Insurance)
Affirming the trial court’s grant of a directed verdict in favor of a UM carrier, holding that the trial court did not err in granting a directed verdict for the UM carrier because there was no proof that the tortfeasor was an uninsured motorist and UM/UIM status was a question for the jury, that the UM carrier did not waive the argument that UM coverage was not applicable because the carrier did not have a duty to prove that the tortfeastor was an uninsured motorist, and that the trial court did not abuse its discretion in denying a new trial.
(7-3: Barnes for the Court; McDonald dissented without writing; McCarty dissented, joined by Westbrooks and McDonald)

Practice Point – McCarty’s dissent took issue with the directed verdict being granted during the damages phase of trial in front of the jury:

Other Orders

Davis v. State, 2023-KA-00884-COA (denying rehearing)
Quinn v. State, 2023-KA-01143-COA (denying rehearing)

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Mississippi Supreme Court Decisions of October 2, 2025

The Mississippi Supreme Court handed down two opinions today. One is a statute of frauds case and the other is an estate case involving real property. The latter includes a six-vote special concurrence.

Palmer’s Grocery Inc. v. Chandler’s JKE, Inc., 2024-IA-00194-SCT (Civil – Contract)
Reversing the circuit court’s grant of summary judgment on seven of ten claims stemming from the sale of a grocery store that fell through, holding that the plaintiffs complaint plausibly invoked the merchants’ exception and the part-performance exception to the Statute of Frauds.
(9-0: Ishee for the Court)

Practice Point – This one provides a good opportunity to brush up on the Statute of Frauds.

In the Matter of the Estate of Johnson: Manners v. Estate of Johnson, 2023-CT-00823-SCT (Civil – Wills, Trusts & Estates)
Reversing the Court of Appeals and reinstating the judgment of the chancery court in an estate matter, holding that an Article of Agreement signed by the decedent did not operate as a deed was not a foundation for the basis of a claim against the estate.
(5-6*-3: Branning for the Court; Randolph specially concurred, joined by Maxwell, Ishee, Griffis, Sullivan, and Branning; Coleman dissented, joined by King and Chamberlin)

Practice Point – Chief Justice Randolph’s special concurrence garnered votes form five other justices, giving it precedential effect, however limited its reach may be. The special concurrence stated that Justice Branning’s “opinion is unassailably correct and consistent with the Court’s precedent” and took issue with the dissent.

Other Orders

In Re: The Rules of Civil Procedure, 89-R-99001-SCT (amending Appendix A to the Mississippi Rules of Civil Procedure to add the attached form subpoenas as follows: Exhibit A as Form 6, Exhibit B as Form 7, and Exhibit C as Form 8.)
In Re: Commission on Continuing Legal Education, 89-R-99011-SCT (granting Expedited Petition to Amend the Rules and Regulations for Mandatory Continuing Legal Education and the Amended Expedited Petition to Amend the Rules and Regulations for Mandatory Continuing Legal Education filed by the Mississippi Commission on Continuing Legal Education as set forth in Exhibit A.)
Clark v. State, 2022-DR-00829-SCT (denying rehearing)
United Services Automobile Association v. Estate of Minor, 2023-CA-000490SCT (denying rehearing by equally divided Court with Coleman not participating)
Chambers v. State, 2023-CT-00626-SCT (denying cert)
Craft v. State, 2023-CT-00915-SCT (denying cert)
Terry v. State, 2023-CT-00979-SCT (denying cert)
Rodriguez v. Diamondhead Country Club and Property Owners Association Inc., 2024-SCT-00238-SCT (denying cert)
Summers v. Big Black Land & Timber Company, LLC, 2025-M-00366-SCT (denying petition for interlocutory appeal)
Arnold v. Staffney, 2025-IA-00562-SCT (granting interlocutory appeal)

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Mississippi Court of Appeals Decisions of September 30, 2025

The Mississippi Court of Appeals handed down five opinions yesterday. We closed out the month with a med mal/MTCA decision, a workers’ comp borrowed employee case, a felony conviction, a PCR case, and an MDOC administrative remedy case.

University of Mississippi Medical Center v. Giddens, 2024-CA-00842-COA (Civil – Wrongful Death)
Affirming judgment in favor of the plaintiff in a wrongful death med mal case brought under the MTCA, holding that the trial court’s decision that the decedent had not given informed consent for a procedure that constituted a breach of the standard of care and that the decision to perform that procedure during another procedure was a breach of the standard of care was supported by substantial credible evidence.
(10-0: St. Pe’ for the Court)

Walker v. State, 2024-CP-01032-COA (Civil – PCR)
Vacating and rendering judgment dismissing a PCR petition because the trial court lacked jurisdiction to consider the merits where the petition failed to first obtain permission from the Mississippi Supreme Court.
(10-0: McCarty for the Court)

Adams v. Hinds County School District, 2024-CA-00756-COA (Civil – Personal Injury)
Affirming the circuit court’s decision granting summary judgment in a personal injury case, holding that the trial court did not err in determining that the plaintiff (an employee of a staffing service) was a borrowed employee of the school district and that workers’ compensation was therefore her exclusive remedy.
(10-0: Wilson for the Court)

Walton v. State, 2024-KA-00818-COA (Criminal – Felony)
Affirming conviction of felony possession of stolen property, holding that the evidence was sufficient, that the trial could did not err in denying the motion for directed verdict or in refusing a peremptory instruction asserting that the State failed to prove the element of guilty knowledge, and that the verdict was not against the overwhelming weight of the evidence.
(10-0: Carlton for the Court)

Carroll v. State, 2024-CP-00875-COA (Civil – Other)
Affirming the circuit court’s dismissal of the petition for clarification of a sentencing order, holding that the circuit court reached the right result but for the wrong reason and explaining that the petition was untimely.
(7-3-0: Wilson, Westbrooks, and Emfinger concurred in part and in the result without writing)

Other Orders

Shipley v. Shipley, 2023-CA-00814-COA (denying rehearing)
Stephney v. State, 2023-KA-00936-COA (denying rehearing)
Mortera v. Kona Villa Owners Association, Inc., 2023-CA-01297-COA (denying rehearing)

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Mississippi Supreme Court Decisions of September 25, 2025

We didn’t hear much from the Fourth Floor yesterday.

No opinions handed down.

Other Orders

In Re: Commission on Children’s Justice, 89-R-99037-SCT (In its continuing efforts to improve court processes related to Mississippi’s child welfare system and in compliance with the U.S. Department of Health and Human Services’ requirement for funding to the Supreme Court Administrative Office of Courts State Court Improvement Program (CIP), the Court relieves and discharges the members of the Commission on Children’s Justice from the duties conferred on them by the order of September 30, 2021, with the sincere appreciation of the Court; establishes a new advisory group, the CIP Statewide Multi-Disciplinary Task Force, to consist of the designated members from the Judiciary, the Executive Branch, Non-Governmental organizations; and other persons; and directs the Task Force to meet quarterly to provide feedback and consultation to the CIP manager by reviewing and discussing available child welfare data, by identifying opportunities for legal and judicial involvement in program planning, and by providing suggestions for improving our court processes and the overall functioning of our child welfare system.)
Frazier v. State, 2016-M-01363 (denying motion in the nature of a petition for post-conviction relief, finding it frivolous, and warning that future frivolous filings could be sanctioned)
Taylor v. State, 2023-CT-00245-SCT (denying cert)
Johnson v. Cleveland, 2023-CT-01011-SCT (granting cert)
McPhail v. McPhail, 2024-TS-00849 (denying motion to recall mandate)

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Mississippi Court of Appeals Decisions of September 23, 2025

The Mississippi Court of Appeals handed down six opinions today. There is a reversal of a defense verdict in a med mal case and a reversal of a conviction. There are a couple of domestic relations cases and another criminal appeal.

Upchurch v. Lewis, 2023-CA-01296-COA, consolidated with Lewis v. Upchurch, 2024-CA-00396-COA (Civil – Med Mal)
Reversing the circuit court’s denial of the plaintiffs’ motion for JNOV in a med mal case after a defense verdict, holding that the plaintiffs presented substantial testimony that the defendant-physician breached the standard of care and that his negligence caused the plaintiff’s injuries, and that since the defendant-physician was not tendered or accepted as an expert there was no insufficient evidence to support the verdict in favor of the defendant; affirming the trial court’s decision requiring the appellee to pay the $30,000 for the appellee’s additional record designations.
(6-3: Weddle for the Court; Wilson dissented, joined by Barnes; Emfinger did not participate)

Sharp v. Sharp, 2024-CA-00171-COA (Civil – Domestic Relations)
Affirming the chancery court’s order clarifying its final judgment of divorce, holding that the chancellor had authority to clarify and correct the final judgment and did not abuse his discretion in doing so regarding 529 accounts or requiring the father to pay college education expenses.
(9-0: Emfinger for the Court)

Clark v. State, 2024-KA-00932-COA (Criminal – Felony)
Reversing conviction of one court of sexual battery, holding that the State’s improper reference to nonexistent DNA and repeated comments on evidence excluded by pretrial order amounted to denial of the defendant’s due process.
(8-2-0: McCarty for the Court; McDonald and Emfinger concurred in part and in the result without writing)

Thornhill v. Thornhill, 2023-CA-00714-COA (Civil – Domestic Relations)
Affirming the chancellor’s grant of divorce on the ground of desertion, holding that there there was substantial credible evidence supporting the basis for divorce, that the chancellor did not err in property evaluation or equitable division, or in granting rehabilitative alimony instead of periodic alimony.
(10-0: Lawrence for the Court)

Practice Point – This is excerpt is worth noting. Failure to raise an issue in a Rule 59 motion does not bar that issue on appeal as long as it was presented to and decided by the trial court:

Alexander v. Scarbrough, 2023-CA-01359-COA (Civil – Custody)
Affirming the chancellor’s award of full custody to a child’s mother, holding that there was substantial evidence to supporting the chancellor’s legal determinations and fact findings.
(10-0: Lawrence for the Court)

Harrison v. State, 2024-KA-00430-COA (Criminal – Felony)
Affirming conviction of two counts of sexual battery, holding that the defendant’s argument that the date range in his indictment was not overly broad was procedurally barred and without merit.
(9-1-0: Carlton for the Court; McCarty concurred in part and in the result without writing)

Other Orders

Magyar v. Shiers, 2023-CA-00682-COA (denying rehearing)
Brownless v. Brownless, 2023-CA-01044-COA (denying rehearing)
Ruffin v. State, 2024-CA-00867-COA (denying State’s motion to strike untimely motion for rehearing)
Walker v. State, 2025-TS-00584-COA (sua sponte allowing untimely appeal to proceed)
Robertson v. State, 2025-TS-00806-COA (sua sponte allowing untimely appeal to proceed)
Hoskins v. State, 2025-TS-00993-COA (allowing appeal to proceed as timely after taking pro se response to show cause notice well)

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Mississippi Supreme Court Decisions of September 11 and September 18, 2025

The Mississippi Supreme Court handed down two opinions on September 11 and two more on September 18. I think the most significant of the bunch is Pilot Travel Centers, LLC v. Womack where the Supreme Court reversed the Court of Appeals and granted a new trial in a premises liability case because improper expert testimony was admitted.

September 11, 2025

Patterson v. State, 2024-CA-00788-SCT (Civil – Wrongful Death)
Affirming the trial court’s grant of summary judgment dismissing an MTCA wrongful death claim, holding that the immunity requirements of Section 11-46-9(1)(l) were met and that the statute passed constitutional muster.
(9-0: Sullivan for the Court)

Watkins Construction v. Miss. Dept. of Revenue, 2024-SA-00662-SCT (Civil – State Boards & Agencies)
Affirming the chancery court’s decision denying a taxpayer’s motion for summary judgment “for reconsideration, clarification, and alternative relief,” finding that the chancellor properly denied the company’s post-judgment request and declining to “give advisory opinions about unraised legal questions.”
(9-0: Maxwell for the Court)

Other Orders

The Mississippi Bar v. Valley, 2008-BD-01884-SCT (granting motion to reopen case and file amended formal complaint)
Shelton v. State, 2010-M-01801 (denying petition to review issues re: possible judicial and/or criminal misconduct for possible impeachment and/or prosecution directed at the trial judge, finding that the filing was frivolous, and restricting the petitioner from filing in forma pauperis)
In Re: Judicial Election Oversight Committee, 2021-M-01306-SCT (appointing Spence Flatgard, James H. Heidelberg, and David F. Delgado to four-year terms as members of the judicial election oversight committee)
Carr v. State, 2023-DR-00503-SCT (granting motion to vacate stay and granting open time motions and giving 30 days to file post-conviction application)

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September 18, 2025

In Re Estate of Ivision: Malouf & Malouf, PLLC v. Estate of Ivison, 2024-CA-00421-SCT (Civil – Wills, Trusts & Estates)
Affirming the chancery court’s denial of a motion for payment of past due interest, holding that this second probated claim for compound interest was a new claim and was untimely filed.
(9-0: Griffis for the Court)

Pilot Travel Centers, LLC v. Womack, 2023-CT-00035-SCT (Civil – Personal Injury)
Reversing the Court of Appeals’ decision that held that the trial court’s error admitting expert testimony was harmless, holding that the expert was unqualified and his testimony was unhelpful where he read the defendant’s policies and identified alleged violations of them.
(9-0: Chamberlin for the Court)

Practice Point – This is a big Daubert case (though the opinion did not cite Daubert). The Supreme Court agreed with the Court of Appeals that admitting the expert testimony was error, but the Supremes held it was not harmless. The Court adopted the rationale from Judge Wilson’s Court of Appeals dissent:

Other Orders

Crawford v. State, 2024-DR-01386-SCT (granting the State’s motion to dismiss a petition for post-conviction relief)
Galloway v. State, 2025-DR-00129-SCT (granting the State’s motion to dismiss successive motion for leave to proceed)
In Re: Rules of Discipline for the Mississippi Bar, 89-R-99010-SCT (appointing Robert R. Morris III as member of the Complaint Tribunal)
Crawford v. State, 24-DP-01016-SCT (granting renewed motion to set execution date)

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Mississippi Court of Appeals Decisions of September 16, 2025

The Mississippi Court of Appeals handed down seven opinions today. We got a couple of custody decisions, a couple of MTCA decisions, a failure to prosecute a med mal lawsuit, a felony, and a PCR case.

E.H. v. Lee County Dept. of Child Protective Services, 2023-CA-00732-COA (Civil – Custody)
Affirming the youth court’s decision terminating parental rights, holding that the youth court’s decision was supported by substantial evidence and that the denial of a Rule 60 motion was not erroneous.
(10-0: St. Pe’ for the Court)

Cameron v. Miller, 2023-CA-01388-COA (Civil – Personal Injury)
Affirming the circuit court’s decision granting a motion to dismiss a med mal lawsuit for failure to prosecute, holding that the trial court did not abuse its discretion where the record demonstrated an overall case of dilatory conduct, substantial periods of inactivity, and untimely and reactionary steps.
(7-2-1: Weddle for the Court; Wilson concurred in part and in the result without writing; Westbrooks concurred in the result only without writing; McDonald concurred in part and dissented in part without writing)

Russell v. Booneville Police Dept., 2024-CP-00757-COA (Civil – Torts)
Affirming the dismissal of a lawsuit under the MTCA, holding that the circuit court did not err in dismissing the claim for law of presuit notice.
(10-0: Weddle for the Court)

Saddler v. State, 2024-CP-00099-COA (Civil – PCR)
Affirming dismissal of a PCR motion because the trial court did not err in finding it was time-barred.
(10-0: McCarty for the Court)

Hall v. Mitchell, 2024-CA-00667-COA (Civil – Wrongful Death)
Affirming the circuit court’s judgment for the defendant after bench trial, holding that the trial court’s decision that a parked county-owed truck was not the proximate cause of an collision between the decedent’s motorcycle and an SUV.
(8-2-0: McCarty for the Court; Wilson, Westbrooks, and McDonald concurred in part and in the result without writing)

Cunningham v. State, 2023-KA-01213-COA (Criminal – Felony)
Affirming conviction of first-degree murder, holding that the trial court did not abuse its discretion in refusing the defendant’s jury instructions on self-defense, imperfect self-defense, and culpable-negligence manslaughter; that the trial court’s did not err in denying a pretrial motion and refusing proposed jury instructions regarding lost body-camera footage; that the trial court erred harmlessly in admitting the victim’s statement to EMTs; that the trial court did not “improperly console” the victim’s mother in the courtroom by expressing sympathy while admonishing her to keep her composure; that the conviction was supported by sufficient evidence and not against the overwhelming weight of it; and that the cumulative error doctrine did not apply.
(10-0: Wilson for the Court)

Hopkins v. Perry, 2024-CA-00467-COA (Civil – Custody)
Affirming in part and reversing in part the chancellor’s custody order, holding that the chancellor did not err in modifying visitation modification but remanding for an Albright analysis of the legal custody issue.
(9-0: Carlton for the Court; Westbrooks did not participate)

Other Orders

Horne v. Dolgencorp LLC, 2024-CA-00376-COA (denying rehearing)
Strong v. Acara Solutions, Inc., 2024-CA-00455-COA (denying rehearing)

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