Category: Court of Appeals

Mississippi Court of Appeals Decisions of January 7, 2025

Happy New Year! Many thanks to all who read the blog over the past year, I truly appreciate your support. But that is all the time we have for sentimentality because the Mississippi Court of Appeals wasted no time getting back in the action. There are ten opinions today and you can read my summaries below.

Poole v. State, 2023-KA-01162-COA (Criminal – Felony)
Affirming conviction of possession of meth, holding that the trial court did not err in denying the defendant’s motions for directed verdict of JNOV where the defendant failed to file a motion a suppress evidence and failed to contemporaneously object to the evidence being admitted.
(7-2-0: Westbrooks and McDonald concurred in result only without writing, St. Pe’ did not participate.)

Everett v. State, 2024-CP-00206-COA (Civil – State Boards and Agencies)
Affirming the trial court’s dismiss of a “petition for judicial review” as time-barred because it was filed two and one-half years after the petitioner had exhausted his administrative remedies.
(9-0: St. Pe’ did not participate)

Begnaud v. Begnaud, 2023-CA-00822-COA (Civil – Domestic Relations)
Reversing the chancellor’s decisions in a divorce case, holding that the chancellor erred in failing to value guns before awarding them to one party, in failing to consider the tax consequences of receiving funds from a retirement account, and in awarding a credit for child support payments.
(9-0: St. Pe’ did not participate)

In re: Harvey; Chimento v. Schwark, 2023-CA-00398-COA (Civil – Wills, Trust, & Estates)
Affirming the chancellor’s decision in a will contest, holding that the chancellor did not err in finding that the testator had capacity, that there was not abuse or suspicious circumstances giving rise to a presumption of undue influence, that there was due execution, or that the proponent overcame the presumption of revocation.
(9-0: St. Pe’ did not participate)

Rencher v. State, 2024-CP-00008-COA (Civil – PCR)
Affirming denial of a PCR motion, holding that the trial court did not err in finding that the claim of ineffective assistance of counsel is without merit.
(6-2-0: Wilson and Emfinger concurred in part and in the result without writing; Weddle and St. Pe’ did not participate)

Jones v. State, 2023-CP-01247-COA (Civil – PCR)
Affirming the trial court’s dismissal of a PCR motion, holding that the trial court lacked jurisdiction because the petitioner did not obtain permission from the Mississippi Supreme Court before filing the motion.
(9-0: St. Pe’ did not participate)

Walker v. Mississippi State Parole Board, 2023-CP-00919-COA (Civil – State Boards and Agencies)
Affirming dismissal of petition for judicial review of MDOC decision, holding that the trial court did not err in finding that the petitioner failed to exhaust his administrative remedies.
(9-0: St. Pe’ did not participate)

Boone v. State, 2023-KA-00684-COA (Criminal – Felony)
Affirming conviction two counts of gratification of lust, holding that the verdict was not against the overwhelming weight of the evidence and that the trial court did abuse its discretion in denying a motion in limine to exclude prior bad acts testimony or in giving an instruction re: sufficiency of the unsupported word of the victim.
(9-0: St. Pe’ did not participate)

Mount v. State, 2023-KA-00807-COA (Criminal – Felony)
Affirming conviction of first-degree murder, holding that the trial court did not abuse its discretion in finding the defendant competent to stand and that the verdict was not contrary to the overwhelming weight of the evidence regarding his sanity at the time of the offense.
(5-4-0: St. Pe’ did not participate)

Wilson v. Barnes-Wilson, 2023-CA-00945-COA (Torts – Other)
Affirming the trial court’s grant of a motion to dismiss for failure to prosecute, holding that the trial court did not abuse its discretion where the plaintiff took no action of record for two years and then failed respond to the motion to dismiss for over a year and even then only after the case was dismissed.
(7-2-0: McDonald and McCarty concurred in part and in the result without writing; St. Pe’ did not participate.)

Other Orders

  • Alexander v. State, 2022-KA-00977-COA (denying rehearing)
  • Campbell v. State, 2022-KA-01055-COA (denying rehearing)
  • Galang v. State, 2023-KA-00006-COA (denying rehearing)
  • Howell v. State, 2023-KM-00265-COA (denying rehearing)
  • Wilkerson v. Allred, 2023-CA-00393-COA (denying rehearing)
  • Harris v. State, 2023-KA-00460-COA (denying rehearing)
  • Brown v. State, 2023-KA-00658-COA (denying rehearing)
  • Haley v. State, 2023-CP-00918-COA (denying rehearing)

Hand Down Page

Mississippi Court of Appeals Decisions of December 17, 2024

The Mississippi Court of Appeals handed down six opinions in what appears to be the last slate of decisions from Mississippi’s appellate courts in 2024. There are two direct criminal appeals, three PCR cases, and a $1M+ personal injury verdict.

Williams v. State, 2023-KA-00346-COA (Criminal – Felony)
Affirming conviction of first-degree murder, holding that the trial court did not admit inadmissible hearsay by allowing an officer to testify about limited information that guided his investigation and that State did not improperly comment on the defendant’s failure to testify.
(4-4-1: McCarty dissented, joined in part by Barnes, Wilson, McDonald, and Lawrence; Westbrooks did not participate)

Parker v. State, 2023-KA-00550-COA (Criminal – Felony)
Affirming conviction of two counts of fourth-offense simple domestic violence, holding that the trial court erred in admitting affidavits containing facts about the defendant’s prior offenses but that the error was harmless, that the trial court did not err in admitting the victim’s prior statement through her probation officer, and that because there was just one harmless error the doctrine of cumulative error did not apply.
(8-2-0: Westbrooks and McDonald concurred in part and in the result without writing)

Lawson v. State, 2023-CP-01008-COA (Civil – PCR)
Affirming the trial court’s order denying a PCR motion, holding that there was no clear error or abuse of discretion.
(10-0)

Moore v. State, 2023-CP-01147-COA (Civil – PCR)
Affirming denial of PCR mtoion, holding that the claimant did not prove that his guilty plea was involuntary or that his counsel was ineffective.
(7-1-1: Westbrooks concurred in result only without writing; McDonald concurred in part and dissented in part without writing; Weddle did not participate)

Pilot Travel Centers, LLC v. Womack, 2023-CA-00035-COA (Civil – Personal Injury)
Affirming a judgment after plaintiff’s jury verdict in a slip-and-fall case where the plaintiff slipped and fell on a collapsed wet-floor sign, holding that a reasonable jury could find that the collapsed wet-floor sign constituted an unreasonably or unusually dangerous condition and that the defendant had constructive knowledge of the condition, and that the trial court did not abuse its discretion denying the motion for new trial that argued that expert testimony should not have been admitted, that the plaintiff’s attorney made improper statements during closing arguments, and that the non-economic damages (that the trial court reduced from $3M to $1M) was still excessive in light of the $393,000 award of compensatory damages.
(6-2-2: Westbrooks concurred in part and in the result without writing; Emfinger concurred in result only without writing; Wilson dissented, joined by Barnes and joined in party by Westbrooks)

Practice Point – The majority and the dissent agreed that the plaintiff’s “safety expert” should not have been allowed to testify as such.

Ball v. State, 2023-CP-00890-COA (Civil – PCR)
Affirming the trial court’s denial of the claim for PCR, holding that the claimant waived his argument that his right to be free from Double Jeopardy.
(9-1-0: Westbrooks specially concurred, joined by Barnes and McDonald)

Other Orders

  • None.

Hand Down Page

Mississippi Court of Appeals Decisions of December 10, 2024

The Mississippi Court of Appeals handed down seven opinions today. Six are direct criminal appeals and one is a real property/default judgment case. One of the cases involves a crossbow and included a visual aid.

Nailer v. State, 2023-KA-00627-COA (Criminal – Felony)
Affirming conviction of aggravated assault after he fired a crossbow into an occupied vehicle, holding that the trial court did not err in denying a requested instruction of simple assault as a lesser-included offense, that the evidence was sufficient to support the conviction, and that instructions given did not impermissibly comment on the weight of the evidence were not argumentative and did not deprive the defendant of a fair and objective consideration by the jury, and that the defendant was not deprived of his right to testify.
(9-0: Weddle did not participate)

NOTE – An appendix to the opinion has a photo of the scene:

Young v. Martin, 2023-CA-00980-COA (Civil – Real Property)
Affirming the chancellor’s decision denying a motion to set aside a default judgment in an action to quiet title and confirm a tax title, holding that the complaint signed by an attorney was a “sworn complaint” for purposes of Miss. Code Ann. § 11-17-1, that the chancellor did not abuse his discretion denying a Rule 60 motion or in deciding that the proper parties were notified of the tax sale.
(7-2: Westbrooks and McDonald dissented without writing; Smith did not participate)

Practice Point – Here is the crux of the Court’s holding on the first issue that is worth keeping in mind:

Wagner v. State, 2023-KA-01123-COA (Criminal – Felony)
Affirming conviction of felony aggravated domestic violence, holding after a review of counsel’s Lindsey brief and the record that there were no arguable issues for appeal.
(9-0: Smith did not participate)

Davis v. State, 2023-KA-00811-COA (Criminal – Felony)
Affirming conviction of being a felon in possession of a firearm, holding that the trial court did not err in denying a motion to suppress the firearm because the stop during which it was obtained did not violate the defendant’s Fourth Amendment rights.
(9-1-0: Lawrence concurred in part and in the result without writing)

King v. State, 2023-KA-00658-COA (Criminal – Felony)
Affirming conviction of second-degree murder based on counsel’s Lindsey brief and an independent review of the record.
(9-0: Weddle did not participate)

Gardner v. State, 2023-KA-00903-COA consolidated with No. 2018-KA-01337-COA (Criminal – Felony)
Reversing convictions of cocaine possession and felony evasion, holding that the trial court erred in admitting prior convictions for purposes of impeachment but also holding that the defendant is not entitled to a judgment of acquittal because there was sufficient evidence to support his convictions.
(7-2: Carlton dissented, joined by Smith; Emfinger did not participate)

Levi v. State, 2023-KA-00718-COA (Criminal – Felony)
Affirming conviction of possession of meth with intent distribute and possession of cocaine with intent to distribute, holding that the trial court erred in admitting evidence of prior convictions for simple possession but that the error was harmless.
(5-4-1: Carlton concurred in part and in result, joined by Smith and Emfinger; Westbrooks and Smith concurred in result only without writing; McDonald concurred in part and dissented in part without writing)

Other Orders

  • Collins v. State, 2022-KA-01184-COA (denying rehearing)
  • Wallace v. Smith, 2023-KA-00071-COA (denying rehearing)
  • Siggers v. State, 2023-CP-00324-COA (denying rehearing)
  • Carroll v. State, 2023-CP-00688-COA (denying rehearing)
  • Miller v. State, 2023-CP-00812-COA (granting appellant’s pro se motion for leave to file motion for rehearing out of time)
  • Saddler v. State, 2024-CP-00099-COA (granting motion to reinstate his administratively dismissed appeal)
  • Taylor v. State, 2024-KA-00280-COA (granting motion to reinstate appeal)
  • Morris v. State, 2024-TS-00580-COA (sua sponte order allowing appeal to proceed on the merits)
  • Johnson v. State, 2024-TS-00650-COA (allowing appeal to proceed as timely)
  • Butler v. State, 2024-TS-00747-COA (granting motion to reinstate appeal)

Hand Down Page

Mississippi Court of Appeals Decisions of December 3, 2024

The Mississippi Court of Appeals handed down seven opinions today. It was a big day for real property and wills. There are also two criminal appeals, an MTCA personal injury case, and a PCR case.

Pham v. Miner, 2023-CA-00266-COA (Civil – Real Property)
Reversing the chancellor’s decision in a dispute over ownership of a parcel, holding that the chancellor erred in finding that a deed was defective and subject to interpretation with parol evidence and further that the chancellor failed to make a specific ruling on the adverse possession claim.
(9-0: Smith did not participate)

Estate of Forkner: Berry v. Forkner, 2023-CA-00707-COA (Civil – Wills, Trusts & Estates)
Affirming in part and reversing in part the chancellor’s rulings related to the construction of a holographic will, holding that the chancellor did not err in admitting the will to probate, in finding that real property should pass by intestate succession, or in awarding personal property to one party, but reversing and remanding the issue of attorney’s fees for the chancellor’s failure to apply the McKee factors with supporting findings.
(8-1-1: Westbrooks concurred in result only without writing; McDonald concurred in part and dissented in part without writing)

Lewis v. State, 2023-CP-01109-COA (Civil – PCR)
Affirming summary denial of PRC motion, holding that it was time-barred without applicable exception.
(9-0: Smith did not participate)

Booth v. State, 2023-KA-00906-COA (Criminal – Felony)
Affirming conviction of second-degree murder, holding after review of Lindsey brief and the record that there are no arguable issues on appeal.
(10-0)

Lucas v. State, 2023-KA-01015-COA (Criminal – Felony)
Reversing conviction of malicious mischief, holding that malicious mischief is not a lesser-included offense of the indicted offense of burglary of a dwelling.
(9-1-0: Lawrence concurred in part and in result without writing)

Smith v. Anderson, 2022-CA-00959-COA (Civil – Real Property)
Affirming the chancellor’s decision in a dispute among cousins over 159 acres, holding that the chancellor did not err in dismissing a counterclaim of adverse possession or in “failing to address” affirmative defenses that were not pursued, and that an issue not raised in the chancery court was waived on appeal.
(10-0)

Berry v. Jackson County, 2023-CA-00643-COA (Civil – Personal Injury)
Affirming summary judgment in favor of the County in an MTCA suit stemming from a collision with a suspect who was fleeing law enforcement, holding that the plaintiff did not present evidence that the County acted in reckless disregard of her safety.
(5-3-0: Wilson and McDonald concurred in part and in result without writing; Westbrooks concurred in result only without writing; Lawrence and Smith did not participate)

Other Orders

  • Hyland v. State, 2023-CA-00256-COA (denying rehearing)
  • Aldridge v. South Tippah County School District, 2023-CA-00418-COA (denying rehearing)
  • Estate of Johnson: Manners v. Estate of Johnson, 2023-CA-00823-COA (denying rehearing)

Hand Down Page

Mississippi Court of Appeals Decisions of November 19, 2024

The Mississippi Court of Appeals handed down two opinions today. Both are direct criminal appeals. I will be out of the office on Thursday, so I’ll include this week’s Mississippi Supreme Court decisions in a post next week.

Smith v. State, 2023-KA-00703-COA (Criminal – Felony)
Affirming conviction of of burglary of a dwelling and possession of a weapon as a felon, holding that the verdict was not against the overwhelming weight of the evidence where the jury was presented with two different narratives of the altercation and performed its duty to weight the credibility of the competing evidence.
(10-0)

Ellzey v. State, 2022-KA-00797-COA (Criminal – Felony)
Affirming conviction of three counts of fondling, holding that the trial court did not err in denying the motion to quash the indictment, in finding that an alleged statement by a juror regarding the incompetency of a government agency did not constitute impermissible outside influence, in limiting cross-examination of a witness, in not excluding or limiting counseling records under the plain error doctrine, in overruling the defendant’s objection to allegedly speculative testimony, in overruling a hearsay objection because the testimony was not offered to prove the truth of the matter asserted, in overruling an objection to other allegedly speculative testimony (or committed harmless error), in overruling an objection to testimony that allegedly vouched for the victim’s credibility, or in not sua sponte objecting to statements in closing argument, and dismissing the ineffectively assistance of counsel claim without prejudice, holding that there could be no cumulative error where there was at most one harmless error, and holding that other issues were waived for failure to raise them in the trial court.
(9-1-0: McCarty specially concurred, joined by Westbrooks and McDonald)

Other Orders

  • Martin v. Arceneaux, 2022-CA-01035-COA (denying rehearing)
  • Smith v. Mitchell, 2023-CA-00259-COA (denying rehearing)
  • Carpenter v. State, 2023-KA-00580-COA (denying rehearing)
  • Shipp v. State, 2023-KA-00655-COA (denying rehearing)

Hand Down Page

Mississippi Court of Appeals Decisions of November 12, 2024 (and one from November 7)

The Mississippi Court of Appeals handed down three opinions today: one MTCA personal injury case, one direct criminal appeal, and one claim against the parole board. The Court also handed down one opinion on Thursday of last week in a direct criminal appeal.

Alexander v. State, 2023-KA-00331-COA (Criminal – Felony) (Nov. 7, 2024)
Affirming conviction of six counts of exploitation of a child and sentence to forty-years for each court to run consecutively, holding (Part One) that the trial court did not err in denying the motion to sever the six counts of child exploitation; the trial court did not err in denying a generic motion to exclude prior bad acts or in ruling on subsequent objections to testimony of prior bad acts during trial; the trial court did not err in overruling the defendant’s objections during trial to opening statement comments, to questions during various witness examinations, or to the introduction of a photographs of the defendant and a victims; the trial court did not err in denying a motion for mistrial after a witness mentioned conduct related to one of the severed counts; (Part Two) there was sufficient evidence to support the conviction; the verdicts were not contrary to the overwhelming weight of the evidence; and the sentence was not grossly disproportionate to the crimes.
As to Part One, 8-1: McDonald concurred in part and dissented in part without writing; Carlton did not participate.
As to Part Two, 6-1-2: Wilson concurred in result only; Emfinger dissented in part, joined by Barnes; Carlton did not participate.

Allred v. Tishomingo County, 2023-CA-00569-COA (Civil – Personal Injury)
Affirming judgment in favor of the County after an MTCA bench trial in a personal injury action that arose after a limb fell on the roof of the plaintiffs’ vehicle, holding that the County had no statutory duty to inspect or maintain the right-of-way, that the County had no actual or constructive notice that the tree was a dangerous condition, that the County did not proximately cause the damages, that the trial court’s analysis of expert testimony was not mainfestly wrong or clearly erroneous, and that the trial court did not abuse its discretion admitting opinions from the County’s expert.
(10-0)

PRACTICE POINT– The County moved to strike the plaintiffs’ reply brief or portions of it on the grounds that it referenced materials that were not designated as part of the record on appeal. The Court denied the motion to strike as moot because it declined to consider the documents that were not in the record on appeal pursuant to M.R.A.P. 10 and 30(a).

Walker v. State, 2023-KA-00860-COA (Criminal – Felony)
Affirming conviction of statutory rape, holding that the trial court did not err in denying a motion to suppress the interrogation video where the defendant argued his statement was improperly obtained after he requested counsel because the defendant did not actually invoke his Sixth Amendment right to counsel with regard to the charged offense, holding that the confession was voluntary, and holding that the verdict was not against the overwhelming weight of the evidence.
(9-1-0: McCarty concurred in result only without writing)

Siggers v. Mississippi Parole Board, 2023-CP-00900-COA (Civil – Other)
Affirming the trial court’s dismissal of the petitioner’s “show cause motion” seeking the compel the Parole Board to show case as to why his parole was denied and was not set for hearing until 2025, holding that the trial court correctly determined that it lack authority to review the parole board’s decision to deny parole and set off the parole hearing.
(8-2-0: Westbrooks and McDonald concurred in part and in the result without writing)

Other Orders

  • Scott v. State, 2022-KA-00830-COA (denying rehearing)
  • Morland v. Morland, 2023-CA-00237-COA (granting appellee’s motion for appellate attorney’s fees)
  • Weeks v. Weeks, 2023-CA-00427-COA (denying rehearing)
  • Walker v. Hasty, 2023-CA-00675-COA (denying motion for appellate attorney’s fees)
  • Corr Properties, LLC v. Proctor, 2023-CA-00782-COA (granting motion for appellate attorney’s fees)
  • Miller v. State, 2023-CP-00812-COA (dismissing motion for rehearing as untimely)
  • Thadison v. State, 2024-TS-00389-COA (granting pro se motion to recall mandate and reinstate appeal)
  • Mallett v. State, 2024-TS-01091-COA (allowing appeal to proceed as appellant’s response to show-cause notice was well taken)
  • Rodgers v. State, 2024-TS-01116-COA (suspending deadline to appeal pursuant to M.R.A.P. 2(c) and allowing appeal to proceed)

Hand Down Page

Mississippi Court of Appeals Decisions of November 5, 2024 and Mississippi Supreme Court Decisions of November 7, 2024

In what was certainly the biggest new story from Tuesday, the Mississippi Court of Appeals handed down five opinions. Today, the Mississippi Supreme Court handed down one opinion and one order amending the Mississippi Rules of Civil Procedure. You can read about all below.

Mississippi Court of Appeals – November 5, 2024

Patton v. State, 2023-CP-00618-COA (Civil – PCR)
Affirming summary dismissal of PCR motion, holding that the motion was successive and untimely with no available exceptions and that the motion was meritless.
(9-0: Smith did not participate)

Slade v. City of Lumberton, 2023-CA-00830-COA (Civil – Personal Injury)
Affirming summary judgment in a MTCA personal injury case stemming from a police pursuit, holding that the trial court did not err in finding no reckless disregard based on the undisputed facts and that the trial court did not err in denying the motion to recuse based on the judge’s prior representation of the City.
(6-3: McDonald dissented, joined by Westbrooks and McCarty; Weddle did not participate)

McDill v. Scott County School District, 2023-CA-00956-COA (Civil – Personal Injury)
Reversing summary judgment in an MTCA case stemming from a student’s weightlifting injury at school, holding that the school district was not entitled to discretionary-function immunity.
(10-0)

The University of Mississippi Medical Center v. Redd, 2023-CA-00711-COA (Civil – Med Mal)
Affirming a bench trial verdict of $500,000 in a med mal case, holding that there was substantial evidence to support the trial court’s findings that the doctor breached the standard of care by not ordering lab work or further testing which, in turn, would have revealed the infection and prevented the amputation, and holding that the trial court did not abuse its discretion in admitting testimony of an orthopedic surgeon who primarily practiced in a different subspecialty than the treating doctor.
(8-1-0: Wilson concurred in part and in the result without writing; Weddle did not participate)

Morgan v. Riverboat Corporation of Mississippi, 2023-CA-00379-COA (Civil – Personal Injury)
Affirming summary judgment in a personal injury case where the plaintiff was struck by poolside cushions blowing in the wind while she was closing out her tab at the swim-up bar, holding that the trial court did not err in finding that they cushions were not an unreasonably dangerous condition and that there was no evidence of negligence on the part of the defendant.
(7-3: Westbrooks dissented, joined by McDonald and Lawrence)

Other Orders

  • Sinquefield v. The City of Ridgeland, 2022-CA-01276-COA (denying rehearing)
  • In Re Estate of Warren: Warren v. Maharrey, 2023-CA-00438-COA (denying rehearing)

Hand Down Page

Mississippi Supreme Court – November 7, 2024

Childress v. State, 2023-KA-01323-SCT (Criminal – Felony)
Affirming conviction of first-degree murder, holding that the verdict was supported by sufficient evidence and was not against the overwhelming weight of it.
(9-0)

Other Orders

  • In Re: The Rules of Civil Procedure, 89-R-99001-SCT (amending M.R.C.P. 62 – the order states that the amendment is effective 30 days after the date of the order which was entered on October 31, 2024)

Here are the amendments to Rule 62 (subsections (c) through (h) were not altered):

  • Mississippi State University v. Zhang, 2024-M-00344-SCT (denying rehearing)
  • Hertz Jackson Three, LLC v. Sanders, 2024-M-00497-SCT (denying interloc)
  • Mississippi Baptist Medical Center, Inc. v. Butler, 2024-M-00930-SCT (denying interloc)

Hand Down Page

Mississippi Court of Appeals Decisions of October 22 and October 29, 2024

The Mississippi Court of Appeals handed down four opinions last week and seven this week. You can read summaries of the lot below.

October 22, 2024

Hampton v. State, 2023-KA-00068-COA (Criminal – Felony)
Affirming convictions of first-degree murder and using a firearm during the commission of a felony, but vacating the consecutive five-year sentence for using a firearm during the commission of a felony where he was also sentenced to life.
(9-0: Weddle did not participate)

Baur v. Ribelin, 2023-CA-00018-COA (Civil – Real Property)
Affirming on direct and cross appeal in an adverse possession action, holding that the chancellor did not err in denying the claim for adverse possession or in confirming title in the rightful owner.
(8-1-0: Wilson concurred in part and in the result without writing; Weddle did not participate)

Johnson v. SW Gaming LLC, 2023-CA-00505-COA (Civil – Personal Injury)
Affirming the circuit court’s decisions granting the defendants’ motions for summary judgment in an inadequate security case, holding that the evidence was not sufficient to establish an atmosphere of violence or actual or constructive knowledge that the assailant was a violent person and the evidence was not sufficient to establish garden variety negligence.
(9-0: Weddle did not participate)

In the Interest of A.R.H., a Minor: Malone v. Jackson County Dept. of Child Protection Services, 2023-CA-00420-COA (Civil – Custody)
Affirming the youth court’s custody order, holding that the youth court was in its discretion to find aggravated circumstances warranting bypassing reasonable efforts for reunification and that there were no evidentiary errors.
(5-4: Wilson and Westbrooks dissented without writing; McDonnald dissented, joined by Westbrooks and McCarty)

October 29, 2024

Banks v. Banks, 2023-CA-00515-COA (Civil – Domestic Relations)
Dismissing appeal for want of an appealable judgment.
(9-0: Weddle did not participate)

Ware v. State, 2023-CP-00909-COA (Civil – PCR)
Affirming summary denial of PCR motion, holding that the motion was time-barred and successive.
(9-0: Weddle did not participate)

Morland v. Morland, 2023-CA-00237-COA (Civil – Custody)
Affirming the chancellor’s rulings in a divorce matter, holding that the chancellor did not err in finding that it was in the child’s best interest to be in the mother’s exclusive custody subject to visitation, in calculation and award of child support to the mother, or in awarding the mother attorney’s fees.
(9-0: Weddle did not participate)

Mallard v. State, 2023-CP-01155-COA (Civil – PCR)
Affirming denial of PCR motion, holding that the petitioner could not duck the successive petitions bar by proving any exceptions.
(7-1-1: Westbrooks concurred in result only without writing; McDonald concurred in part and dissented in part without writing)

Sessums v. Chicken Nugget, Inc., 2023-CA-00128-COA (Civil – Personal Injury)
Affirming summary judgment in a premises liability case where the plaintiff tripped over two parking curbs, holding that the plaintiff did not come forward with evidence to prove that two abutting parking curbs created an unreasonably dangerous condition.
(9-0: Weddle did not participate)

Scott v. State, 2023-KA-00559-COA (Criminal – Felony)
Affirming conviction of one count of child abuse and conviction of life imprisonment without eligibility for parole for a father who abused his infant child, holding (1) that the admission of the father’s prior conviction for failure to register as a sex offender was not reversible error though it was error to refer to it as “failure to register as a sex offender” instead of “failure to register” which was the actual language in the prior sentencing order, (2) that the conviction was supported by sufficient evidence, and (3) the verdict was not against the overwhelming weight of the evidence.
(4-5-0: Wilson and Smith concur in part and in the result without writing; Westbrooks, McDonald, and Lawrence concur in result only without writing; Weddle did not participate)

Tisdale v. South Central Regional Medical Center, 2023-CA-00231-COA (Civil – Med Mal)
Affirming dismissal for failure prosecute, holding that the trial court did not err in reviewing the motion under Rule 41(b) instead of Rule 37, did not miscalculate the delay and correctly found clear delay with no activity occurring to advance the case to judgment in over two years, and did not abuse its discretion in determining that anything less than a dismissal would be unjust.
(6-3: McDonald concurred in part and dissented in part without writing; Lawrence dissented, joined by McCarty, and joined in part by McDonald)

NOTE – The dissent argued that the majority discounted the impact of COVID.

Other Orders

October 22, 2024

  • Weatherly v. Weatherly, 2022-CA-00804-COA (denying rehearing)
  • Signaigo v. Grinstead, 2022-CA-01212-COA (denying rehearing)
  • Jackson v. State, 2023-KA-00201-COA (denying rehearing)
  • Neal v. Cain, 2023-CP-00625-COA (denying rehearing)
  • Washington v. State, 2024-CP-00059-COA (granting pro se motion to recall mandate and accept untimely brief)

October 29, 2024

  • Wilson v. State, 2023-CA-00070-COA (denying rehearing)
  • Shanks v. State, 2023-CP-00271-COA (denying rehearing)
  • Davis v. State, 2023-KA-00636-COA (denying rehearing)
  • Bradley v. State, 2023-CP-0764-COA (denying rehearing)

Hand Down Page – October 22, 2024

Hand Down Page – October 29, 2024

Mississippi Court of Appeals Decisions of October 15, 2024

The Mississippi Court of Appeals handed down five opinions today. Two are direct criminal appeals, one is a divorce case addressing child support and division of property, one is an easement case, and the other is a med mal case dismissed for lack of prosecution. Though he did not participate any of today’s decisions, newly minted Judge John D. Weddle made his debut on the hand downs today.

Chapman v. Chapman, 2023-CA-00615-COA (Civil – Domestic Relations)
Reversing findings of the chancellor in a divorce action, holding that the chancellor erred in his calculation of the father’s adjusted gross income and remanding for child support recalculation and holding that the chancellor erred concerning whether a boat was marital or non-marital property.
(5-4-0: Wilson and McCarty concurred in part and in the result without separate written opinion; Carlton and Westbrooks concurred in result only; Weddle did not participate)

Word v. U.S. Bank, 2023-CA-00160-COA (Civil – Real Property)
Reversing the chancellor’s judgment in an easement case, holding that the chancellor erred in awarding an easement by necessity because the plaintiff was not entitled to an easement by necessity and presented no evidence regarding the costs of using an available alternative access route.
(8-1-0: Wilson concurred in part and in the result without writing; Weddle did not participate)

Randall v. State, 2023-KA-00587-COA (Criminal – Felony)
Affirming conviction of aggravated assault and first-degree murder, holding that the trial court did not err in excluding evidence of one victim’s postmortem toxicology report showing the presence of recreational drugs in his system or in applying the firearm enhancement.
(8-1-0: Westbrooks concurred in result only without writing; Weddle did not participate)

Eason v. South Central Regional Medical Center, 2023-CA-00261-COA (Civil – Medical Malpractice)
Affirming dismissal of a complaint for failure to prosecute a med mal case against a nursing home, holding that the circuit court did not abuse its discretion in dismissing the case pursuant to Rule 41(b) after two years of delay.
(5-1-3: Westbrooks concurred in part and in the result without writing; McDonald dissented without writing; Lawrence dissented, joined by McDonald and McCarty; Westbrooks joined in part; Weddle did not particiapte)

N0te – The dissent’s position was that the COVID-10 pandemic was a mitigating factor and that the trial court’s failure to consider it was an abuse of discretion. It concludes:

Cauthen v. State, 2023-KA-00589-COA (Criminal – Felony)
Affirming conviction of non-residential burglary, holding that the trial court did not err in refusing to instruct the jury on the lesser-included offense of trespass.
(8-0: Emfinger and Weddle did not participate)

Other Orders

  • Archer v. Harlow’s Casino Resort & Spa, 2022-CP-01060-COA (denying rehearing)
  • Doss v. State, 2022-KA-01185 (denying rehearing)
  • Black v. State, 2022-KA-01223-COA (denying rehearing)
  • Jiles v. State, 2023-CP-00383-COA (denying rehearing)

Hand Down Page

Mississippi Court of Appeals Decisions of October 8, 2024

The Mississippi Court of Appeals handed down eight opinions today. There are four direct criminal appeals, a workers’ comp case, a civil asset forfeiture case, a real property case regarding a short-term rental, and an attorney fee claim against an estate.

Body v. State, 2023-KA-00495-COA (Criminal – Felony)
Affirming conviction of statutory rape, holding that the trial court did not abuse its discretion refusing the defendant’s alibi instructions where the “alibi defense was nothing more than attempt to cloak his simple denial of the crime charged.”
(8-1-0: Wilson concurred in part and in the result without writing)

Lepard v. State, 2022-KA-01159-COA (Criminal – Felony)
Affirming conviction of fondling, holding that the trial court did not abuse its discretion in instructing the jury on the elements of the offense and that the indictment was not defective and included all the essential elements.
(9-0)

In the Matter of the Estate of Stimley: Morton Law Firm, PLLC v. Merchant, 2023-CA-00940-COA (Civil – Contract)
Reversing the chancery court’s award of attorney’s fees and expenses payable by the estate, holding that the record did not show a consideration of the McKee factors and remanding for further proceedings.
(8-1-0: Carlton did not participate)

Chung v. State, 2023-CA-00362-COA (Civil – Other)
Reversing the circuit court’s decision in a civil asset forfeiture after a bench trial, holding that the owner gave plausible explanations for having the cash and that the State presented insufficient evidence to demonstrate a connection between the owner and drug activity.
(5-4: Wilson dissented, joined by Carlton, Lawrence, and Emfinger)

Norton v. State, 2023-KA-00475-COA (Criminal – Felony)
Affirming conviction of possession of meth and possession of a firearm by a felon, declining to address the lone issue of ineffective assistance of counsel on direct appeal and leaving it to be pursued through a PCR motion.
(8-1-0: Emfinger concurred in result only without writing)

Arnold v. State, 2023-KA-00519-COA (Criminal – Felony)
Affirming conviction of three counts of sexual battery, holding that the trial court did not allow improper character evidence from two witnesses that testified the defendant made advances or abused them as children because that testimony showed proof of motive and established a common plan or scheme and holding that there was no merit to the defendant’s claim of prosecutorial misconduct.
(8-0: Smith did not participate)

City of Biloxi v. McDonald, 2023-CA-00777-COA (Civil – Real Property)
Affirming the circuit court’s judgment which reversed the City Council’s decision denying property owners’ application seeking a conditional-use permit for a short-term rental, holding that the Council’s decision was “the epitome of arbitrary and capricious” where the adjacent property on the same parcel of land had been approved and the owners had spent $70,000 on improvements to address neighbors’ expressed concerns.
(6-2: Carlton dissented, joined by Wilson and Lawrence)

Doukas v. Kiln Self Storage, 2023-WC-01195-COA (Civil – Workers’ Comp)
Affirming a finding that the claimant was not entitled to indemnity benefits for her left left leg and that the injury to her right leg did not render her permanent and totally disabled, holding that the Commission’s decision was supported by substantial evidence.
(5-4: Lawrence dissented, joined by Westbrooks, McDonald, and Smith; McDonald also noted a separate dissent without writing)

Other Orders

  • White v. The Home Depot, 2022-WC-00894-COA (denying rehearing)
  • Frazier v. State, 20222-CT-00896 (denying pro se motion to recall mandate)
  • Brown v. State, 2023-CP-00171-COA (denying untimely pro se motion for additional time to file motion for rehearing and request for appointed counsel)
  • Haley v. Brewer, 2023-SA-00571-COA (denying rehearing)
  • Fortner v. Bratcher, 2023-CP-00663-COA (granting appelle’s motion for appellate attorney’s fees)
  • Thornhill v. Thornhill, 2023-CA-00714-COA (denying appellee’s motion to dismiss the appeal and granting appellee’s request for additional time to file a responsive brief)
  • Quilantan v. State, 2024-CP-00357-COA (granting pro se motion to reinstate appeal)
  • Johnson v. State, 2024-TS-00650-COA (remanding appellant’s motion for leave to proceed in forma pauperis)
  • Riley v. State, 2024-TS-00833-COA (dismissing appeal for lack of appealable judgment)

Hand Down Page