Category: Hand Down Summaries

Mississippi Supreme Court Decisions of June 19 and June 26, 2025

The Mississippi Supreme Court handed down two opinions last week and three this week. Among them, two election contests, a death penalty PCR case that was remanded, an MTCA personal injury case on interlocutory appeal, and a felony conviction.

June 19, 2025

Brown v. Madison County Board of Supervisors, 2024-EC-01059-SCT (Civil – Election Contest)
Affirming the circuit court’s decision in an election contest, holding that the circuit court did not err in denying a motion to disqualify the Board’s attorney and in affirming the Board’s decision approving the candidate’s candidacy.
(9-0: Randolph for the Court)

Clark v. State, 2022-DR-00829-SCT (Civil – Death Penalty – PCR)
Granting motion for PCR in a death-penalty case, holding that the case should be remanded to the circuit court for an Atkins hearing but otherwise denying relief under Batson and other issues.
(5-3-1: Sullivan for the Court; Randolph concurred in part and in the result, joined by Griffis and Branning, joined in part by Maxwell; King concurred in part and dissented)

Other Orders

  • Melom v. Stone County, Mississippi, 2024-KM-00782-SCT (per curiam affirmance)
  • In Re: Rules Governing Admission to The Mississippi Bar, 89-R-99012-SCT
  • Clark v. State, 2022-DR-00829-SCT (granting in part and denying in part motion for PCR or for leave to proceed in trial court with PCR motion)
  • Chung v. State, 2023-CA-00362-SCT (granting cert)
  • Powers v. State, 2023-DR-00895-SCT (denying cert)
  • Lawson v. State, 2023-CT-01008-SCT (denying cert)
  • Mississippi Baptist Medical Center, Inc. v. Tobias, 2024-M-01395-SCT (denying petition for interlocutory appeal)
  • The Progressive Corporation v. Hanberry, 2025-IA-00109-SCT (granting interlocutory appeal and deciding the case on the petition and response, affirming the denial of a motion to sever but reversing the trial court’s grant of partial summary judgment in the plaintiff’s favor insurance policy dec action)
  • The Mississippi Bar v. Horne-Murry, 2025-BD-00616-SCT (granting petition to transfer respondent to inactive disability status and referring to LJAP)

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June 26, 2025

In Re: Republican Primary Runoff for Pearl River County Tax Collector/Assessor, Jo Lynn Houston v. Sandy Kane Smith, 2024-EC-00015-SCT (Civil – Election Contest)
Affirming on direct appeal and dismissing cross-appeal in an election contest, holding that the trial court did not err in ordering a special election in two precincts or in finding that certain vote challenges were mere technicalities.
(9-0: Branning for the Court; Randolph did not participate)

City of Jackson, Mississippi v. Maxie, 2023-IA-01314-SCT (Civil – Personal Injury)
Reversing the trial court’s denial of summary judgment in an MTCA personal injury action, holding that the plaintiff did not come forward with evidence that there was a dangerous condition of which the defendants had actual or constructive notice and time to correct or warn against.
(9-0: Coleman for the Court)

Cole v. State, 2024-KA-00041-SCT (Criminal – Felony)
Affirming conviction of one count of attempted statutory rape, holding that the admission of the victim’s interview did not violate the Confrontation Clause or amount to error under the evidentiary rules, that the admission of the CAD report with a date that was off by one century was not plain error, that there was no plain error in the admission of the State’s expert’s testimony on the victim’s veracity or the State’s characterization of that testimony, and that the cumulative error doctrine did not apply.
(9-0: King for the Court)

Other Orders

  • In Re: The Mississippi Access to Justice Commission, 89-R-99032-SCT ((1) directing the Mississippi Bar, effective July 1, 2025, to remit all pro hac vice fees received under M.R.A.P. 46(b)(5) monthly to the Administrative Office of Courts with two-thirds of the fees to be deposited in the Civil Legal Assistance Fund established by Miss. Code Section 9-21-43 (Rev. 2019) and one-third of the fees to be deposited in the Access to Justice Fund, and (2) directing the Mississippi Bar on or before November 1 of each year to file with this Court an annual report accounting for the receipt of all pro hac vice funds under Rule 46(b)(5))
  • In Re: The Mississippi Access to Justice Commission, 89-R-99032-SCT (order (1) directing the Mississippi Bar, effective July 1, 2025, to remit all funds received by it under Mississippi Rule of Professional Conduct 6.1 monthly to the Administrative Office of Courts to be deposited in the Access to Justice Fund, (2) directing the Mississippi Bar, effective July 1, 2025, to remit all funds currently held in Guaranty Bank Checking Account No. *2492 (The Mississippi Bar Access to Justice account) to the Administrative Office of Courts to be deposited in the Access to Justice Fund, and (3) directing the Mississippi Bar on or before June 1 of each year to file with this Court an annual report accounting for the receipt of all funds under Mississippi Rule of Professional Conduct 6.1.)
  • Ambrose v. State, 2022-DR-00949-SCT (granting State’s motion to dimiss)
  • Ambrose v. State, 2024-CA-00897-SCT (granting motion for voluntary dismissal)

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Mississippi Court of Appeals Decisions of June 17 and June 24, 2025

The Mississippi Court of Appeals handed down a total of sixteen opinions between last week and today. You can read summaries below.

June 17, 2025

Briggs v. Jackson, 2023-CA-01241-COA (Civil – Domestic Relations)
Affirming in part and reversing in part the chancellor’s judgment awarding the mother physical care, custody, and control of two minor children and granting the father visitation rights, holding that the court did not err in its Albright analysis but remanding on the issues of providing coverage of medical expenses, calculation of child support, and visitation schedule.
(10-0: Emfinger for the Court)

Mangum v. State, 2023-KA-01198-COA (Criminal – Felony)
Affirming conviction of multiple counts of touching a child for lustful purposes and sexual battery, holding that the trial court did not err in denying the defendant’s alibi instruction and did not commit plain error in admitting a memory card with photos.
(10-0: McCarty for the Court)

Vaughn v. State, 2024-KA-00012-COA (Criminal – Felony)
Affirming conviction of multiple counts of drive-by-shooting and shooting int a motor vehicle after review of counsel’s Lindsey brief and independent review of the record.
(10-0: McCarty for the Court)

Hines v. PERS, 2023-SA-01400-COA (Civil – State Boards and Agencies)
Affirming the circuit court’s decision affirming the PERS Board of Trustees’ decision to deny on-duty disability retirement benefits, holding that the decision was supported by supported by substantial evidence and was not arbitrary and capricious.
(10-0: Westbrooks for the Court)

Rodriguez v. State, 2023-KA-01159-COA (Criminal – Felony)
Affirming conviction of one count of manslaughter and two counts of second-degree murder, holding that the convictions were supported by sufficient evidence and were not against the overwhelming weight of the evidence, that there was no merit to claims of prosecutorial misconduct, and that the trial court did not abuse its discretion sentencing the defendant to serve forty years on each count to run concurrently.
(9-1-0: Barnes for the Court; Westbrooks concurred in result on without writing)

Other Orders

  • Taylor v. State, 2023-KA-00245-COA (denying rehearing)
  • Wallace v. State, 2023-KA-00721-COA (denying rehearing)

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June 24, 2025

Martin v. Martin, 2024-CA-00228-COA (Civil – Custody)
Affirming the chancellor’s decision denying a petition for custody modification, holding that where there is no finding of an adverse impact there was no need to perform an Albright analysis and modification was not warranted.
(10-0: St. Pe’ for the Court.)

Martin v. Martin, 2024-CA-00222-COA (Civil – Domestic Relations)
Affirming the chancellor’s contempt finding in a divorce proceeding, holding that the chancellor did not err in finding the ex-wife in contempt of the divorce judgment and that she failed to prove her inability to comply and finding no abuse of discretion in the chancellor using contempt power of incarceration to enforce compliance.
(10-0: Weddle for the Court)

Boyd v. Jones County, Mississippi, 2024-CA-00290-COA (Civil – Torts)
Dismissing appeal for want of final, appealable order.
(10-0: McCarty for the Court)

Howard v. Howard, 2023-CA-01029-COA (Civil – Domestic Relations)
Affirming the chancellor’s findings in a divorce proceeding, holding that the chancellor did not err in determining equitable distribution or periodic alimony, or in failing to take into consideration supplemental security income benefits received by the minor child in determining child support.
(10-0: Westbrooks)

McHard, McHard, Anderson & Associates v. Robertson, 2023-CA-00913-COA (Civil – Eminent Domain)
Affirming the chancellor’s decision in an eminent domain case, holding that the petitioner failed to prove that its proposed road was necessary.
(9-0: Carlton for the Court; Emfinger did not participate)

Dowdy v. Grayson, 2023-CA-00985-COA (Civil – Torts)
Affirming on direct appeal and reversing on cross-appeal, holding that the circuit court did not err in granting a directed verdict on a claim for malicious prosecution but holding that the circuit court erred in dismissing a counterclaim of fraud.
(5-2-3: Barnes for the Court; McDonald concurred in part and in the result without writing; Westbrooks concurred in result only without writing; Wilson dissented, joined by Lawrence and Emfinger, and joined in part by Westbrooks)

Brodie v. Brodie, 2023-CA-01397-COA (Civil – Domestic Relations)
Affirming the chancellor’s rulings in a divorce matter, holding that the chancellor did not err in reversing its initial ruling under Rule 59(e), in granting divorce on the grounds of habitual cruel and inhuman treatment, or in the division of marital property.
(9-1-0: Barnes for the Court; McCarty concurred in part and in the result without writing)

Gombako-Amos v. Amos, 2023-CA-01253-COA (Civil – Domestic Relations)
Affirming judgment of contempt in a divorce proceeding, holding that the chancellor did not err in finding that the ex-wife was in contempt for failing to comply with a provision of the property settlement agreement.
(6-4: Wilson for the Court; Carlton and Westbrooks concurred in part and dissented in part without writing; McDonald concurred in part and dissented in part, joined by Carlton, Westbrooks, and McCarty)

Bhatti v. Board of Supervisors of Coahoma County, Mississippi, 2024-CA-00027-COA (Civil – Other)
Affirming the circuit court’s dismissal of a claim to remove a bust of Ghandi from courthouse grounds, holding that the circuit court did not err in finding that claim amounted to a mandamus action and that the petitioner lacked standing.
(8-1*-0: Weddle for the Court; Westbrooks specially concurred, joined by McDonald; Barnes did not participate)

Melton v. State, 2024-KM-00337-COA (Criminal – Misdemeanor)
Reversing conviction of misdemeanor child abuse, holding that the defendant did not expressly waive her constitutional right to a jury trial.
(6-4: Wilson for the Court; Emfinger dissented, joined by Carlton, Lawrence, and St. Pe’)

Heirs of Morsi v. JB Hunt Corporation, 2024-WC-00399-COA (Civil – Workers’ Comp)
Affirming the MWCC’s finding that a claim was not compensable, holding that the MWCC’s finding that the “found dead” presumption did not apply was supported by substantial credible evidence and was neither arbitrary nor capricious.
(6-1-3: Carlton for the Court; McCarty concurred in result only without writing; Westbrooks dissented, joined by McDonald and Lawrence)

Other Orders

  • Taylor v. State, 2023-CA-00738-COA (granting leave to file amicus brief)
  • Craft v. State, 2023-KA-00915-COA (denying rehearing)
  • Johnson v. Cleveland, 2023-CA-01011-COA
  • Foster v. Kovachev, 2023-CP-01030-COA (granting “motion regarding settlement,” dismissing certain parties to the appeal, granting in part appellees’ motion to dismiss appeal and request for sanctions and attorney’s fees, and dismissing appeal)
  • Blumer v. Majestic Homes, LLC, 2024-CA-00163-COA (granting motion for appellate attorney’s fees)

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Mississippi Supreme Court Decisions of June 12, 2025

The Mississippi Supreme Court handed down three opinions today. One is a unique decision addressing sovereign immunity, full faith and credit, and comity. One is a chapter in a post-foreclosure eviction saga. The last is an appeal of a felony conviction with a Lindsey brief.

The Promenade D’Iberville, LLC v. Jacksonville Electric Authority, 2023-CA-01273-SCT (Civil – Other)
Reversing dismissal of a claim against a utility from another state for lack of subject matter jurisdiction based on sovereign immunity, holding that the suit for damages against the utility did not violate full faith and credit or comity principles.
(9-0: Sullivan for the Court)

Federal National Mortgage Association v. Carbo, 2024-CA-00277-SCT (Civil – Real Property)
Affirming the county court’s decision granting a homeowner’s motion to dismiss a claim for eviction and back rent filed by the company that purchased the home in a foreclosure sale but subsequently sold it, holding that the trial court did not err in denying the company’s motion to substitute the subsequent purchaser as plaintiff, in dismissing the company’s suit for lack of standing, or in finding that the company’s suit was barred by res judicata.
(9-0: Coleman for the Court)

Clark v. State, 2024-KA-00446-SCT (Criminal – Felony)
Affirming conviction of trafficking eutylone, holding that after reviewing counsel’s Lindsey brief, the pro se brief, and the record, that the appeal lacked merit and no issues warranted supplemental briefing.
(9-0: King for the Court)

Other Orders

  • Jordan v. State, 1998-DP-00901-SCT (denying motion for rehearing as to execution date)
  • Arnold v. State, 2023-CT-00519-SCT (denying cert)
  • Federal National Mortgage Association v. Carbo, 2024-CA-00277-SCT (denying motion to dismiss for lack of standing)
  • Jordan v. State, 2024-DR-01272-SCT (denying rehearing)

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Mississippi Court of Appeals Decisions of June 10, 2025

The Mississippi Court of Appeals handed down six opinions today. There is a child support case, a real property case resolved on the doctrine of res judicata, a contract case involving a rent-to-own contract, and three felony conviction appeals.

Brister v. Martin, 2022-CP-00931-COA (Civil – Domestic Relations)
Affirming the chancery court’s final judgment of child support, holding that the chancellor did not err by issuing a new child support order following a new trial that was conducted after notice to the parties that prior orders were vacated or likely to be vacated.
(9-0: St. Pe’ for the Court)

Okorie v. Citizens Bank, 2024-CP-00462-COA (Civil – Real Property)
Affirming the chancellor’s dismissal of a complaint to quiet and confirm title, holding that the claim was barred by the doctrine of res judicata.
(10-0: Lawrence for the Court)

Stubbs v. Ramsey, 2024-CA-00289-COA (Civil – Contract)
Affirming the chancery court’s judgment granting declaratory and injunctive relief concerning a rent-to-own purchase home, holding that the chancellor did not err in finding that the rent-to-own contract was valid and binding even after the passing of a termination date, in not finding the renter committed a material breach by not completing the purchase by the specified closing date, or in fashioning an equitable remedy to prevent the renter from forfeiting payments made where the failure to close was no one person’s fault.
(9-1-0: McDonald for the Court; Wilson concurred in part and in the result without writing)

Walker v. State, 2023-KA-01012-COA (Criminal – Felony)
Affirming conviction of manslaughter, holding that the State did not improperly comment on whether the defendant would testify and that the defendant failed to show that his counsel was ineffective for failing to object, and holding that the record was insufficient to address the issue of whether counsel was ineffective for failing to respond to discovery.
(7-2-0: Westbrooks for the Court; Wilson and Emfinger concurred in part and in the result without writing; Weddle did not participate)

Davis v. State, 2023-KA-00884-COA (Criminal – Felony)
Affirming conviction of attempted murder for shooting at someone with an AR-15 at close range, holding that the evidence was sufficient to support the conviction and that the verdict was not against the overwhelming weight of the evidence.
(10-0: Wilson for the Court)

Quinn v. State, 2023-KA-01143-COA (Criminal – Felony)
Affirming conviction of second-degree murder, holding that the trial court did not err by excluding a defense witness or evidence about the victim’s purportedly violent character.
(7-3-0: Carlton for the Court; Wilson, McDonald, and McCarty concurred in part and in the result without writing)

Other Orders

  • JLS Farm Partnership v. ’27 Break Hunting Club, Inc., 2023-CA-00434-COA (denying rehearing)
  • Haynes v. State, 2023-KA-00861-COA (denying rehearing)
  • McDonald v. Pruwitt, 2023-CA-01312-COA (granting appellant’s motion for appellate attorney’s fees)

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Mississippi Supreme Court Decisions of June 5, 2025

The Mississippi Supreme Court handed down two decisions today. One opinion reversed the chancellor’s rulings in an estate matter and the other reversed the Court of Appeals and reinstated a judgment of conviction.

In Re Estate of Brent: Mays v. Estate of Brent, 2023-CA-00423-SCT (Wills, Trusts & Estates)
Reversing the chancellor’s decision giving the ex-wife’s Estate an award for unpaid alimony, holding that the chancellor erred by denying the ex-husband Estate credit for partial alimony payments and for life insurance proceeds which resulted in credits exceeding the total amount owed leaving no unpaid alimony.
(9-0: Ishee for the Court)

Allen v. State, 2022-CT-00419-SCT (Criminal – Felony)
Reversing the Court of Appeals and reinstating the judgment of the Yazoo County Circuit Court’s convicting the defendant of six counts of statutory rape, holding that the invited-error doctrine applied because the trial court gave the instructions the defendant requested, that there was no merit to the ineffective-assistance-0f-counsel claim, that the verdict was supported by sufficient evidence, that the defendant waived objections to the application of the tender-years exception, and that the trial court did not err in denying a Batson challenge.
(6-3: Maxwell for the Court; King dissented, joined in part by Coleman and Sullivan; Coleman dissented, joined by Sullivan)

Other Orders

  • In Re: The Rules of Civil Procedure, 89-R-99001-SCT (granting motion to amend M.R.C.P. forms)
  • In Re: The Rules of Civil Procedure, 89-R-99001-SCT (granting motion to amend M.R.C.P. 13)
  • In Re: MEC’s Administrative Procedures,  89-R-99040-SCT (dismissing petition to amend Mississippi Rules of Court by MEC director)
  • In Re: Uniform Procedures for Data Collection Matters in Circuit, Chancery and County Courts,89-R-99042-SCT (dismissing petition to amend Mississippi Rules of Court by MEC director)
  • Smith v. State, 2019-DR-01492-SCT (denying rehearing)
  • Tisdale v. South Central Regional Medical Center, 2023-CT-00231-SCT (denying cert)
  • Hunter v. State, 2023-KA-01246-SCT (denying rehearing)

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Mississippi Court of Appeals Decisions of June 3, 2025

The Mississippi Court of Appeals handed down four opinions today. There are two direct criminal appeals, a PCR case, and part two of an ecclesiastical abstention saga.

Stephney v. State, 2023-KA-00936-COA (Criminal – Felony)
Affirming conviction of second-degree murder and attempted murder with firearm enhancement, denying without prejudice to reassert the claim for ineffective-assistance-of-counsel based on trial counsel not seeking a severance and holding that the defendant knowingly and intelligently waived his constitutional right to conflict-free representation.
(9-1-0: Lawrence for the majority; McCarty concurred in part and in the result without writing)

Washington v. State, 2024-CP-00059-COA (Civil – PCR)
Affirming dismissal of a PCR motion, holding that the trial court did not commit reversible error in summarily dismissing the PCR motion without an evidentiary hearing or in denying the motion for discovery.
(7-2-1: Lawrence for the majority; Wilson and McDonald concurred in part and in the result without writing; Emfinger did not participate)

Union Hill Missionary Baptist Church, Inc. v. Champion, 2024-CA-00401-COA (Civil – Other)
Affirming the chancellor’s decision vacating his prior orders and dismissing the complaint in a case involving a church congregation’s dispute over church governance, holding that the courts are without jurisdiction to adjudicate such ecclesiastical matters.
(10-0: Westbrooks for the the court)

Beasley v. State, 2023-KA-01228-COA (Criminal – Felony)
Affirming conviction of statutory rape, holding that it was error to deny the defendant’s motion to admit evidence under Rule 412(b)(1)(A) but that the error was harmless and that the evidence was sufficient to support the verdict.
(9-3*-0: Emfinger for the court; Westbrooks specially concurred, joined by McDonald and McCarty)

Other Orders

  • Armistad v. State, 2023-KA-00799-COA (denying rehearing)
  • Turner v. State, 2023-KA-01167-COA (denying rehearing)

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Mississippi Supreme Court Decisions of May 29, 2025

The Mississippi Supreme Court handed down two opinions today. One handles four consolidated cases on interlocutory appeal where the defendants contested consolidation and denial of severance. The other case is a direct appeal of murder convictions.

Freese v. Estate of Alford, 2023-IA-00332-SCT consolidated with 2023-IA-00333-SCT, 2023-IA-00335-SCT, 2023-IA-00336-SCT (Civil – Contract)
Affirming the circuit court’s decision adopting the special master’s recommendation granting the plaintiffs’ motions to consolidate claims related to the defendants’ handing and distribution of settlement funds from mass-tort actions and denying the defendants’ motions to sever and re-open discovery, holding that there was no error in consolidating the cases under Rule 20(a), there was no error consolidating under Rule 42(a) and denying severance under Rule 42(b), and there was no abuse of discretion in denying the defendants’ motions to re-open discovery.
(9-0)

Coleman v. State, 2023-KA-01103-SCT (Criminal – Felony)
Affirming conviction of two counts of first-degree murder, holding that the verdict was not against the overwhelming weight of the evidence.
(9-0)

Other Orders

  • Eason v. South Central Regional Medical Center, 2023-CT-00261-SCT (denying cert)
  • Williams v. State, 2023-CT-00346-SCT (denying cert)
  • In the Interest of A.R.H., a Minor: Malone v. Jackson County Department of Child Protection Services, 2023-CT-00420-SCT (granting cert)
  • Simmons v. State, 2023-CT-00518-SCT (denying cert)
  • Hawkins v. State, 2023-KA-00978-SCT (denying rehearing)

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Mississippi Court of Appeals Decisions of May 13 and May 20, 2025

The Mississippi Court of Appeals handed down six opinions last week and a hearty eleven today. There are some interesting cases in the mix and a summary of each is below.

May 13, 2025

May v. May, 2023-CA-01022-COA, consolidated with 2023-M-01401-COA (Civil – Domestic Relations)
Vacating the chancellor’s order of contempt for failure to pay child support but affirming his denial of the motion to recuse, holding that the chancery court did not have personal jurisdiction for purposes of a contempt ruling for want of service under Rule 81, but that although the chancellor erred in finding that the motion for recusal was untimely it was nevertheless within his discretion to deny it.
(9-1-0: Lawrence concurred in result only without writing)

Fortner v. IMS Engineers, Inc., 2023-CA-01170-COA (Civil – Personal Injury)
Affirming summary judgment in favor of a company that had been engaged to oversee and manage road improvement projects until about ten months before a fatal accident occurred, holding that there was no evidence that the company owed a duty of care once its involvement ended and the City took over the management role.
(8-1-0: Wilson concurred in part and in the result without writing; Carlton did not participate)

Horne v. Dolgencorp LLC, 2024-CA-00376-COA (Civil – Personal Injury)
Affirming summary judgment in a trip-and-fall case after a customer tripped on merchandise in an aisle, holding that there was no evidence that the store had actual or constructive knowledge of the presence of the dangerous condition.
(8-2: Westbrooks and McDonald dissented without writing)

Shipley v. Shipley, 2023-CA-00814-COA (Civil – Custody)
Affirming judgment modifying the custody arrangement by giving the mother sole physical and legal custody, holding that the chancellor did not err in modifying physical and legal custody based the mother’s relocation to Oregon, that the chancellor’s did not err by failing to consider the totality of the circumstances, that the chancellor did not give undue weight to one Albright factor, and that the argument that the chancellor erred by not sua sponte appointing a GAL to investigate allegations of abuse was procedurally barred, and declining to address child support in after ruling that the chancellor did not err in its custody decision.
(7-3: Wilson dissented, joined by Carlton and Emfinger)

Magyar v. Shiers, 2023-CA-00682-COA (Torts – Other)
Affirming bench trial decision finding the defendant liable for malicious prosecution and awarding compensatory and punitive damages, holding that there was evidence to support each element of malicious prosecution where the defendant had filed charging affidavits against the plaintiffs alleging that they were intentionally damaging his property by allowing sewage from a leaking septic system to run into his property but the justice court dismissed the charges for lack of evidence.
(10-0)

Mueller Industries, Inc. v. Waits, 2023-WC-00494-COA (Civil – Workers’ Comp)
Reversing the Commission’s decision ordering a lump sum payment, holding that the information in the record did not permit the Court to review the Commission’s computations of TPD and remanding for the Commission to determine whether TPD was properly calculated and credited, determine whether the claimant received more than the maximum weekly benefit and whether the Employer/Carrier should receive a credit for overpayment, and ensure that the Employer/Carrier was not charged with penalties or interest after the date the Commission found that no further benefits were owed.
(8-2: Westbrooks concurred in part and dissented in part, joined by McDonald and joined in part by McCarty)

Other Orders

  • Mount v. State, 2023-KA-00807-COA (denying rehearing)
  • Begnaud v. Begnaud, 2023-CA-00822-COA (denying rehearing)
  • In the Matter of Estate of Tate: Garfield v. Tate, 2023-CA-01262-COA (denying rehearing)

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May 20, 2025

Mask v. Baggett, 2024-CA-00181-COA (Civil – Domestic Relations)
Affirming the chancellor’s decisions denying a motion for contempt and attorney’s fees in a divorce action for lack of proof, holding that the chancellor’s finding that neither party had sufficient proof to support motions for contempt and attorney’s fees was supported by the record and lack of record, that the appellant failed to show that the chancellor abused his discretion by denying the Rule 59 motion due to clear error or manifest injustice.
(10-0)

Bickes v. Swain, 2024-CA-00187-COA (Civil – Personal Injury)
Affirming summary judgment in favor of the mother of the bride and the venue in a premises liability suit filed by a wedding guest who hurt his leg stepping off a porch at the venue, holding that the circuit court did not err in granting summary judgment without conducting a hearing that had been set and that summary judgment was proper because there was no evidence of a dangerous condition that could support liability regardless of whether the plaintiff was classified as a licensee or an invitee.
(7-1-1: Westbrooks concurred in result only without writing; McDonald concurred in part and dissented in part without writing; Weddle did not participate)

Page v. State, 2024-CP-00613-COA (Civil – Other)
Affirming the circuit court’s rejection of the plaintiff’s motion for discovery in the circuit court in which he was convicted of attacking a woman with a knife two decades ago, holding that the circuit court did not err in rejecting the claim as a standalone claim separate from a PCR petition though the circuit court incorrectly “denied” the motion instead of “dismissing” the motion for lack of personal jurisdiction.
(10-0)

Jones v. State, 2023-KA-01157-COA (Criminal – Felony)
Affirming conviction of armed robbery, holding that the circuit court did not commit plain error in excluding evidence of a witness’s prior convictions because the weight of evidence of guilt was overwhelming, that the Miranda violation arguments were procedurally barred and did not merit reversal under the plain error doctrine.
(9-1-0: Wilson concurred in part and in the result without writing)

Pickett v. State, 2024-KA-00511-COA (Criminal – Felony)
Affirming conviction of one count of burglary of a dwelling with intent to commit a larceny, holding that the issue of the circuit court’s denial of the motions for directed verdict was procedurally barred and lacked merit because the evidence was sufficient and the verdict not against the overwhelming weight of the evidence and the circuit court did not err in denying the motions without making specific findings of fact.
(10-0)

Mortera v. Kona Villa Owners Association, Inc., 2023-CA-01297-COA (Civil – Property Damage)
Reversing summary judgment that was entered in favor of an HOA that declined to pursue a property damage claim on behalf of a condo unit owner, holding that based on the bylaws and insurance policy terms there was a genuine fact dispute over the HOA’s status of a fiduciary.
(9-0)

Parrott v. Frierson, 2023-SA-01245-COA (Civil – State Boards and Agencies)
Affirming the chancery court’s dismissal of taxpayers’ petition appealing the Board of Tax Appeals’ order, holding that there was substantial evidence to support the chancellor’s finding that “yard sales” where the taxpayers purchased storage units and sold the contents were not isolated, casual, or occasional sales but sales made in the course of business and subject to sales tax, that the chancellor did not err in finding that the MDOR’s income tax assessment was prima facie correct, that the taxpayers did not overcome the presumption of correctness, and that the chancellor properly affirmed assessment of penalties and interest.
(10-0)

Forrest County General Hospital v. Knight, 2023-WC-01277-COA (Civil – Workers’ Comp)
Affirming the Commission’s order that affirmed the AJ’s order that the claimant suffered an 80% industrial loss of use of the right leg and reducing it to 60% due to apportionment but reversed the AJ’s finding of no loss of wage-earning capacity and awarded 15% LWEC for the low back injury, holding that under the deferential standard of review there was evidence to support the Commission’s decision.
(10-0)

Roach v. Roach, 2024-CA-00236-COA (Civil – Domestic Relations)
Affirming the chancery court’s denial of the ex-wife’s Rule 60(b) motion after the ex-husband was granted a divorce on the grounds of habitual cruel and inhumane treatment, holding that the chancery court did not err in finding that service of process by certified mail was proper and that the ex-wife failed to show exceptional circumstances related to her claim that her prior attorney was ineffective warranting relief under Rule 60(b).
(10-0)

Allen & Smith Insurance Agency, Inc. v. Merrill, 2023-CA-00468-COA (Civil – Contract)
Affirming summary judgment granted in favor of a former employee in a breach of contract claim alleging violations of a non-compete agreement, holding that the court had appellate jurisdiction even though the judgment did not include the language “no just reason for delay” and that the circuit court did not err in finding certain provisions ambiguous and striking them from the agreement.
(5-5: Carlton and Emfinger concurred in part and dissented in part; Wilson dissented, joined by Barnes, and McCarty and joined in party by Carlton and Emfinger)

NOTE – I hope this one goes up on cert. My impression is that the holding of the principal opinion would relax the Rule 54(b) standard as it has been enforced. In the meantime, I would not stop putting all of the Rule 54(b) magic language in your judgments.

Strong v. Acara Solutions, Inc., 2024-CA-00455-COA (Civil – Personal Injury)
Reversing summary judgment in favor of the defendant based on judicial estoppel after the plaintiff failed to disclose this personal injury claim in her bankruptcy proceedings, holding that the “acceptance” element of judicial estoppel was not met where the bankruptcy as dismissed without a discharge.
(8-2: Emfinger dissented, joined by Wilson)

Other Orders

  • Culbertson v. State, 2023-KA-00588-COA (denying rehearing)
  • Boone v. State, 2023-KA-00684-COA (denying rehearing)
  • Gibson v. State, 2023-KA-00704-COA (denying rehearing)
  • Grimes v. State, 2023-KA-01254-COA (denying rehearing)
  • Burnette v. State, 2023-CP-01330-COA (denying rehearing)

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Mississippi Supreme Court Decisions of May 8, 2025

The Mississippi Supreme Court handed down one opinion in a dog-bite case on interlocutory appeal. The Court also entered an order setting an execution date in a capital case.

TLM Investments, LLC v. Yates, 2024-IA-00204-SCT (Civil – Personal Injury)
Reversing the circuit court’s denial of summary judgment in a dog-bite case, holding that the plaintiff did not come forward with evidence that the property owner/lessor had actual or constructive knowledge of a tenant’s dog or of its dangerous propensities or that the plaintiff was an intended third-party beneficiary of the lease agreement.
(9-0)

Other Orders

  • Jordan v. State, 1998-DP-00901-SCT (granting motion to set execution date)
  • Shoemaker v. State, 2019-M-00832 (denying application for leave to proceed in the trial court, finding the motion frivolous, and restricting the petitioner from filing further PCR petitions in forma pauperis)
  • Magee v. State, 2023-CT-00008-SCT (denying cert)
  • Howell v. State, 2023-CT-00265-SCT (denying cert)
  • Cauthen v. State, 2023-CT-00589-SCT (denying cert)
  • Walker v. State, 2023-KA-01153-SCT (denying rehearing)
  • Jordan v. State, 2024-DR-01272-SCT (denying motion for leave to file PCR motion)
  • Jordan v. State, 2024-DR-01272-SCT (denying State’s motion to dismiss fifth PCR petition and denying defendant’s motion to strike)
  • Timmons v. State, 2025-M-00057 (granting leave to file motion for PCR)

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Mississippi Court of Appeals Decisions of May 6, 2025

The Mississippi Court of Appeals handed down nine opinions today. There are several felonies, a wrongful death summary judgment case, a workers’ compensation intoxication case, a wills and estate case, and a few PCR cases. Interestingly enough, the last two PCR cases resulted in voting-line-soup pluralities.

Carr v. State, 2024-KA-00185-COA (Criminal – Felony)
Affirming conviction of fondling and sexual battery, holding that the trial court did not abuse its discretion in denying funding for a defense expert, that the trial court did not abuse its discretion in allowing testimony about other alleged prior bad acts, that one conviction of fondling did not merge with the conviction of sexual battery, and that the indictment was not insufficient for the defendant to prepare an adequate defense.
(9-1-0: St. Pe’ opinion; McCarty concurred in part and in the result without writing)

Smith v. State, 2024-KA-00162-COA (Criminal – Felony)
Affirming convictions of ten counts of possession of child pornography but reversing convictions of two counts of sexual battery, holding that the evidence was not sufficient to support the sexual battery convictions, but that the doctrine of retroactive misjoinder did not require reversal of the other convictions and remanded to reconsider sentencing.
(10-0: Weddle opinion)

Good v. Sanders, 2023-CA-00669-COA (Civil – Wrongful Death)
Affirming the trial court’s grant of summary judgment in a wrongful death case where a pedestrian was struck and killed by a driver, holding that there was no evidence that the defendant breached any duty owed to the pedestrian and that the trial judge did not abuse her discretion in not recusing herself.
(7-3*-0: Lawrence opinion; Westbrooks specially concurred, joined by Weddle and St. Pe’ and joined in part by McCarty; McCarty concurred in part and in the result without writing)

Ruffin v. State, 2024-CA-00867-COA (Civil – PCR)
Affirming denial of PCR motion where the petitioner failed to include a supporting affidavit with her PCR motion and acknowledged at her plea hearing that she was freely and voluntarily admitting her guilt.
(9-1-0: McDonald opinion; Wilson concurred in part and in the result without writing)

Estate of Anderson: Brown v. Fitzgerald, 2023-CA-01131-COA (Civil – Wills, Trusts & Estates)
Affirming the chancellor’s decision setting aside a deed and ordering conveyance pursuant to the will, holding that substantial evidence supports the chancellor’s findings that the testator suffered from a weakness of intellect and the consideration for the deed was grossly inadequate.
(10-0: Wilson opinion)

Nicolaou v. State, 2023-CP-01007-COA (Civil – PCR)
Vacating the circuit court’s denial of a PCR motion as successive because the circuit court lacked jurisdiction to adjudicate it.
(10-0: Carlton opinion)

Ladner v. Hinton Homes LLC, 2024-WC-00941-COA (Civil – Workers’ Comp)
Affirming the MWCC’s decision that a claim was not compensable under the intoxication provision, holding that substantial evidence supported the MWCC’s finding that the claimant failed to prove that intoxication was not a contributing cause of the accident.
(8-2-0: Carlton opinion; Westbrooks and McDonald concurred in result only without writing)

Taylor v. State, 2023-CA-00738-COA (Civil – PCR)
Affirming denial of a PCR motion, holding that although the sentence exceeded the maximum the PCR motion was barred by the statute of limitations.
(3-2-5: Wilson principal opinion; Emfinger concurred in part and in the result without writing; Lawrence concurred in part and in the result, joined by Emfinger, Weddle, and Set. Pe’, and joined in part by Westbrooks and McCarty; McDonald dissented without writing; McCarty dissented, joined by Barnes, Carlton, Westbrooks, and McDonald.)

Underwood v. State, 2024-CP-00423-COA (Civil – PCR)
Affirming denial of PCR motion, holding that the trial court did not err in denying the claims that the petitioner’s plea was involuntary and that his attorney rendered ineffective assistance.
(4-1-4: McCarty principal opinion; Westbrooks concurred in result only without writing; Lawrence concurred in part and dissented in part, joined by Wilson, Emfinger, and St. Pe’; Weddle did not participate.)

Other Orders

  • Nailer v. State, 2023-KA-00627-COA (denying rehearing)

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