Hand Down Summaries – Page 10 – Mississippi Appeals Blog

Mississippi Supreme Court Decisions of October 24 and October 31, 2024

The Mississippi Supreme Court handed down one opinion last week and none this week. However, there was an order entered today amending M.R.C.P. 46. That amendment will be effective November 21, 2024.

October 24, 2024

McGee v. McGee, 2023-CA-00695-SCT (Civil – Domestic Relations)
Affirming the chancellor’s judgment regarding division of marital property and award of joint legal custody in a divorce action, holding that the chancellor did not err in classifying, valuing, and dividing the assets or in conducting its Albright analysis.
(9-0)

October 31, 2024

No opinions

Other Orders – October 24, 2024

In Re: The Rules of Civil Procedure, 89-R-99001-SCT (dismissing Motion to Amend M.R.C.P. 6 and 56 filed by the Supreme Court Advisory Committee on Rules)
In Re: Uniform Rules of Youth Court Practice, 89-R-99033-SCT (dismissing Petition to Amend the Mississippi Uniform Rules of Youth Court Practice filed by the Mississippi Council of Youth Court Judges (Motion No. 2021-1461) without prejudice)
Suarez v. State, 2023-CT-00526-SCT (denying cert)
In Re: Administrative Orders of the Supreme Court of Mississippi, 2024-AD-00001-SCT (ordering the disbursement of $166,981.17 in civil legal assistance funds among the MS Center for Legal Services, MS Volunteer Lawyers Project, and North MS Rural Legal Services

Other Orders – October 31, 2024

In Re: The Rules of Civil Procedure, 89-R-99001-SCT (granting in part Motion to Amend M.R.C.P. 46 filed by the Supreme Court Advisory Committee on Rules)

Here is the amended text of Rule 46 that will be effective November 21, 2024:

Taylor v. Johnson, 2022-CT-00734-SCT (denying cert)
The Avion Group, Inc. v. The City of Oxford, Mississippi, 2023-CT-00169-SCT (denying cert)

Hand Down Page – October 24, 2024

Hand Down Page – October 31, 2024

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 Supreme Court Decisions of October 17, 2024

The Mississippi Supreme Court handed down four opinions today. There is a petition for back pay from reinstated utility commissioners, a reversal of a personal injury verdict in Madison County because the trial court abused its discretion admitting expert testimony, an appeal of the denial of a motion for remittitur/new trial after plaintiff’s verdict in a contract case, and a direct appeal of a drug possession conviction.

Slaughter v. City of Canton, 2023-CA-01102-SCT Civil – Other)
Affirming the circuit court’s denial of a petition of former commissioners of the Canton Municipal Utilities Commission seeking back pay, holding that the circuit court lacked jurisdiction after the case became final upon issuance of the mandate affirming the circuit court’s prior reinstatement of the commissioners.
(9-0)

Scarborough v. Logan, 2022-CA-00965-SCT consolidated with 2023-CA-00720-SCT (Civil – Personal Injury)
Reversing on cross-appeal a plaintiff’s verdict in a personal injury case, holding that the trial court abuse its discretion by allowing expert testimony from a witness who was never qualified or tendered as an expert witness and dismissing the direct appeal issues as moot.
(9-0)

Stribling Equipment, LLC v. Eason Propane, LLC, 2023-CA-00862-SCT (Civil – Contract)
Affirming the trial court’s decision denying a new damages trial and/or remittitur, holding that the amount of damages was high but not shocking and was supported by the evidence.
(9-0)

Vivian v. State, 2023-KA-00338-SCT (Criminal – Felony)
Affirming conviction of felony possession of meth and misdemeanor possession of marijuana, holding that there were no errors wanting reversal based on counsel’s Lindsey brief and the record.
(9-0)

Other Orders

Roley v. Roley, 2022-CT-01104-SCT (dismissing petition for cert)
Nettles v. Nettles, 2023-CT-00041-SCT (granting cert)

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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)

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Mississippi Supreme Court Decisions of October 10, 2024

The Mississippi Supreme Court handed down just one opinion today. It is a youth court custody case involving adjudication of neglect and reunification efforts.

R.W. v. Mississippi Department of Child Protection Services, 2023-CP-00543-SCT (Civil – Custody)
Affirming the youth court’s adjudication that twins were neglected and ruling that CPS was allowed to bypass reasonable reunification efforts, holding that the youth court had subject matter jurisdiction and personal jurisdiction, that venue was proper, that adjudication of neglect was supported by sufficient evidence where the twins and the mother tested positive for amphetamines shortly at birth, and that the decision to bypass reasonable efforts to reunify was supported by sufficient evidence where the parents’ parental rights had been involuntarily terminated for at least one other sibling and the father had been convicted of attempted sexual assault of a child and had failed to register.
(9-0)

Other Orders

Carroll v. State, 2021-CT-00959-SCT (dismissing cert petition as untimely)
In Re: Judicial Election Oversight Committee, 2021-M-01306-SCT (reappointing LaToya T. Jeter and James L. Weir, Jr. and appointing Thomas L. Carpenter as members of the Judicial Election Oversight Committee for new four-year terms)
Smith v. State, 2023-CT-00185-SCT (denying cert)
Rambo v. Kelly Natural Gas Pipelines, LLC, 2023-CT-00402-SCT (denying cert)

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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)

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Mississippi Supreme Court Decisions of October 3, 2024

The Mississippi Supreme Court handed down just four orders today. In the words of the old store clerk in Raising Arizona, “It’s self-contained and fairly explanatory.”

In Re: Rules Governing Admission to The Mississippi Bar, 89-R-99012-SCT (reappointing J. William Manuel, Michael C. McCabe, Jr., and Walter Alan Davis to three-year terms as members of the Mississippi Board of Bar Admissions)

Daly v. Raines, 2022-CT-00600-SCT (denying cert)

Jordan v. State, 2022-DR-01243-SCT (denying successor petition for post-conviction relief)

The City of Jackson v. Jones, 2023-IA-00394-SCT (denying rehearing)

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Mississippi Court of Appeals Decisions of September 24, 2024

The Mississippi Court of Appeals handed down four opinions today. Three are PCR cases and the other is a direct criminal appeal.

Walker v. State, 2023-CP-00787-COA (Civil – PCR)
Affirming dismissal of a PCR motion, holding that the trial court properly dismissed the motion for failure to first seek relief through MDOC’s ARP regarding the calculation of a sentence.
(9-0)

Farris v. State, 2023-CP-00845-COA (Civil – PCR)
Affirming denial of PCR motion, holding that the trial court did not err in finding that the trial court did not err with regarding to sentence enhancements and that there was no prejudice in the trial court no recusing sua sponte such that there was a reversible abuse of discretion.
(9-0)

Ward v. State, 2023-CA-00378-COA (Civil – PCR)
Affirming denial of PCR motion, holding that the trial court did not err in finding that the motion was time barred by the UPCCRA.
(7-1-0: Westbrooks concurred in result only without writing; Emfinger did not participate.)

Simmons v. State, 2023-KA-00518-COA (Criminal – Felony)
Affirming conviction of second-degree murder, holding that the trial court did not err in the self-defense instructions given and that there was sufficient evidence to sustain the conviction.
(9-0)

Other Orders

Course v. State, 2022-KA-00760-COA (denying rehearing)
Holt v. State, 2023-KM-00121-COA (denying motion to correct the court’s prior opinion)
Hamer v. State, 2023-CP-00701-COA (denying rehearing)

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I had a hearing in Copiah County Circuit Court yesterday and that was my first time in the courthouse in Hazlehurst. It is a beautiful, three-story building with a central rotunda and a dome that is visible from the ground floor. I did not get a good picture of the courtroom, but it is circular with gallery seating wrapped-around on the ground floor and on a second-floor balcony. A great, small-town Mississippi courthouse!

Mississippi Supreme Court Decisions of September 19, 2024

The Mississippi Supreme Court handed down one opinion today. At least we can all get more work done this afternoon.

Wells v. State, 2023-KA-00670-SCT (Criminal – Felony)
Affirming convictions of shooting into an occupied dwelling and possession of a firearm by a felon and sentence as a nonviolent habitual offender, holding that the defendant’s stipulation that he was a convicted felon satisfied the State’s burden of proof of that element.
(9-0)

Other Orders

Allen v. State, 2022-CT-00419-SCT (granting cert)
Jordan v. State, 2022-CT-00874-SCT (denying cert)
Manning v. State, 2023-DR-01076-SCT (denying leave to proceed in the circuit court with claim of newly discovered evidence)
Kasai North American, Inc. v. Riverside Abstract, LLC, 2024-IA-00363-SCT (granting interloc)
Ten D Enterprises, Inc. v. Lagan, 2024-M-00653-SCT (denying interloc)
NCAA v. Rebel Rags, LLC, 2024-M-00752-SCT (denying interloc and request for stay)

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Mississippi Court of Appeals Decisions of September 17, 2024

The Mississippi Court of Appeals handed down nine opinions on this Constitution Day. There is something for just about everyone but PCR enthusiasts. Today’s opinions include personal injury cases, divorce cases, a real property case, an arbitration-award confirmation case, a youth court case, and a direct criminal appeal.

Franks v. Franks, 2023-CA-00088-COA (Civil – Domestic Relations)
Affirming final judgment of divorce, holding that the chancellor did not err in diving the martial home and ordering the husband to sell his portion to the wife where the husband agreed to do so, did not penalize the husband for embezzlement that occurred at his business but did not abuse her discretion in finding the husband’s adulterous relationship with the embezzler relevant in the Ferguson analysis, did not abuse her discretion in weighing the valuations of the marital property, did not abuse her discretion in awarding the wife attorney’s fees, did not abuse her discretion in not crediting the husband for payments made toward the marital home after the date of demarcation when he received the benefit of living in the home, and did not err in determining the amount of child support.
(8-0: Carlton did not participate)

Zemek v. Gunn, 2023-CA-00833-COA (Civil – Other)
Affirming the circuit court’s order denying a continuance and confirming an arbitration award, holding that the defendant waived the issue of timeliness and that, in any event, the confirmation petition was timely and that the circuit court did not abuse its discretion in denying a continuance.
(9-0)

Fox v. Allen Automotive, Inc., 2023-CA-00441-COA (Civil – Personal Injury)
Reversing summary judgment in favor of a car dealership in a premises liability action, holding that the trial court erred in finding that the plaintiff exceeded the scope of his invitation and became a trespasser where the plaintiff was injured while walking his dog and that because the plaintiff was an invitee there was a genuine issue of material facts as to whether the dealership had constructive knowledge of the dangerous condition.
(9-0)

NOTE – The plaintiff was walking a Heeler when he fell. If anyone ever claims that you can’t hear a footnote, you can refute them with this:

Anderson v. Grabmiller, 2023-CA-00593-COA (Civil – Domestic Relations)
Affirming the chancellor’s decision awarding alimony to the husband, holding that the chancellor did properly consider rehabilitative alimony and that the chancellor did not err in his Armstrong analysis.
(9-0)

Brown v. State, 2023-KA-00648-COA (Criminal – Felony)
Affirming conviction of second-degree murder but vacating the firearm enhancement portion, holding that the firearm enhancement should be vacated because the minimum sentence for that enhancement was less than the minimum sentence for the second-degree murder conviction, but that the State’s commends during closing did not rise to the level of plain error, that the ineffective-assistance-of-counsel claim should be denied without prejudice, that the trial court did not abuse its discretion admitting evidence of a shell casing recovered from the murder scene, that the verdict was supported by sufficient evidence and was not against the overwhelming weight of the evidence, and that there was no cumulative error warranting reversal.
(8-1-0: Westbrooks concurred in part and in the result without writing)

Jones v. Curtis, 2023-CA-00987-COA (Civil – Domestic Relations)
Affirming decision modifying child-custody agreement, holding that the chancery court had subject matter jurisdiction and did not err in considering facts and events occurring before the initial custody determination.
(7-2-0: McDonald and McCarty concurred in part and in the result without writing)

Cook v. Vowell, 2023-CA-00724-COA (Civil – Real Property)
Affirming chancery court’s grant of specific performance of an option to purchase an interest in real property, holding that the chancellor did not err in finding that there was consideration for the contract where there was no separate consideration spelled-out for the option or in finding that there was a valid offer and acceptance.
(9-0)

In the Matter of L.C.: Doe v. Bolivar County Youth Court, 2022-CA-00614-COA (Civil – Other)
Reversing the youth court’s finding that the mother had not satisfactorily completed a service plan working towards reunification, holding that there was no substantial evidence to support the youth court’s finding that MDCPS had made requisite “reasonable efforts” towards reunification.
(7-2: Westbrooks dissented, joined by McDonald; McDonald also separately noted a dissent but did not write)

Georgen v. Estate of Brown-Barrett, 2023-CA-00344-COA (Civil – Personal injury)
Reversing the trial court’s grant of summary judgment in a premises-liability case, holding that the trial court erred in finding that a baby gate leaned against a doorway in a residence did not constitute a dangerous condition.
(5-3: Carlton dissented, joined by Barnes, and Wilson; Westbrooks did not participate)

Other Orders

Whiddon v. State, 2022-KA-00616-COA (denying rehearing)
Crawford v. East Mississippi State Hospital, 2022-CA-00753-COA (denying rehearing)
Jackson v. State, 2022-KA-01143-COA (denying rehearing)

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