The Magnificent Seven of the Mississippi Supreme Court handed down one opinion today in a direct criminal appeal while the cert-denial machine hums along.
Williams v. State, 2024-KA-01050-SCT (Criminal – Felony) Affirming conviction of one count of first-degree murder and four counts of aggravated assault, holding that the convictions were not against the overwhelming weight of the evidence. (7-0: Ishee for the Court)
Other Orders
Younger v. Southern, 2022-CT-01228-SCT (denying cert)
Estate of Anderson: Brown v. Fitzgerald, 2023-CT-01131-SCT (denying cert)
Mangum v. State, 2023-CT-001198-SCT (denying cert)
Briggs v. Jackson, 2023-CT-01241-SCT (denying cert)
McDonald v. Pruwitt, 2023-CT-01312-SCT (denying cert)
In Re: Administrative Orders of the Supreme Court of Mississippi, 2026-AD-00001-SCT (directing the disbursement of $182,328.25, in civil legal assistance funds among the MS Center for Legal Services, MS Volunteer Lawyers Project, and North MS Rural Legal Services)
The Mississippi Supreme Court handed down two opinions today. One is a certificate of need case and the other is a direct criminal appeal.
Singing River Health Systems v. Mississippi State Department of Health, 2025-SA-00614-SCT (Civil – State Boards & Agencies) Affirming the chancellor’s decision affirming the state health officer’s approval of a CON application, holding that there was substantial evidence that the the CON application complied with the requirements, that there was substantial evidence that the hearing officer substantially complied with procedure, that the hearing officer’s determination of economic vitality was not arbitrary and capricious, that the hearing officer was within her discretion to weight conflicting evidence regarding adverse impact, and that substantial evidence supported that the proposed project would not have a significant adverse effect on another facility’s ability to provide charitable care. (7-0)
Pegues v. State, 2024-KA-01001-SCT (Criminal – Felony) Affirming conviction of possession of a firearm by a felon, holding that the State did not commit prosecutorial misconduct by commenting on the defendant’s failure to call witnesses or the defendant exercising his right to a jury trial and holding that there was sufficient evidence of constructive evidence. (7-0)
Other Orders
Parrott v. Frierson, 2023-CT-01245-SCT (denying cert)
Fisher v. All About Painting and Cleaning, Inc., 2023-CT-01289-SCT (denying cert)
Mohiuddin v. Jackson County, Mississippi Board of Supervisors, 2024-CA-00759-SCT (denying rehearing)
Crabtree v. Allstate Property and Casualty Insurance Company, 2024-FC-00827-SCT (denying rehearing)
While Judge Maxwell and Judge Chamberlin adjust to their new roles on federal bench, the seven remaining members of the Mississippi Supreme Court soldier on dispensing justice on the State’s Highest Court. Today, they handed down two opinions in direct criminal appeals.
Wallace v. State, 2024-KA-00413-SCT (Criminal – Felony) Affirming conviction of aggravated assault, holding that the indictment was not defective and that the defendant was estopped from arguing on appeal that the indictment was constructively amended by a jury instruction, that the evidence was sufficient, and that the trial court did not abuse its discretion by denying a motion for new trial that asserted new evidence. (7-0: Sullivan for the Court)
Hollingsworth v. State, 2024-KA-00908-SCT (Criminal – Felony) Affirming conviction of possession of meth, holding that it was not error for the prosecutor to make a statement about a witness who was not called because the witness was more accessible to the defendant than the State. (7-0: Coleman for the Court)
Hand Downs
In Re: Court Improvement Program Statewide Multi-Disciplinary Task Force, 89-R-99037-SCT (appointing members of the Court Improvement Program Statewide Disciplinary Task Force)
Stephney v. State, 2023-CT-00936-SCT (denying cert)
Tubbs v. State, 2023-KA-01124-SCT (granting Office of Indigent Appeals’ motion for authority to pay contract counsel)
Quinn v. State, 2023-CT-01143-SCT (denying cert)
Mi Pueblo Mexican Restaurant, LLC v. Breakfast Cove, LLC, 2024-CA-00271-SCT (granting motion to stay appeal and ordering the trial court to rule on a Rule 60(b) motion)
Carroll v. State, 2024-CT-00875-SCT (dismissing pro se cert petition)
The Mississippi Supreme Court handed down two opinions today. One is a voluntary dismissal versus summary judgment dispute and the other addressed where venue was waived by removal to federal court once the case was remanded. There are also two cert grants among today’s orders.
Busby v. The Lamar Company, LLC, 2023-CA-00892-SCT (Civil – Torts) Affirming the trial court’s decision to grant the plaintiff’s motion for voluntary dismissal and deny the defendant’s motion for summary judgment and for attorney’s fees, explaining that the only difference in the outcome is the award of attorney’s fees which is within the trial court’s discretion. (8-0: Maxwell for the Court; Branning did not participate)
Benchmark Insurance Company v. Harris, 2024-IA-00813-SCT (Civil – Insurance) Reversing the trial court’s decision denying the defendant’s motion to transfer venue, holding that the defendant did not waive its objection to venue by first removing the case to federal court (to a district that encompassed both the improper and proper state court venues) prior to filing an answer in state court and then filing a motion to transfer venue on remand. (9-0: Maxwell for the Court)
Other Orders
Elmore v. Elmore, 2023-CT-00875-SCT (granting cert)
McFall v. Osborne, 2023-CT-01234-SCT (denying cert)
Mortera v. Kona Villa Owners Association, Inc., 2023-CT-01297-SCT (granting cert)
Okorie v. Citizens Bank, 2024-CT-00462-SCT (denying cert)
The Mississippi Supreme Court handed down two opinions yesterday. The most interesting is technically an adoption case, but it involves jurisdictional issues, unwritten local chancery court rules, appellate procedure, and appellate remedies. Both the majority opinion and the partial concurrence/partial dissent are worth your time.
Wiggins v. Southern Securities Group, LLC, 2024-CA-00251-SCT (Civil – Contract) Affirming the trial court’s decision in a contract/business dispute, holding that the trial court did not err in granting one side’s motion for preliminary injunction or in denying the other side’s motion to compel mediation and/or arbitration. (8-1: Griffis for the Court; Coleman dissented)
In the Matter of L.L.T.: Prince v. Mississippi Department of Child Protection Services, 2024-IA-00824-SCT (Civil – Adoption) Affirming the youth court’s ruling that it lacked jurisdiction to finalize an adoption against a backdrop of the chancery court refusing set a hearing on adoption petitions, holding that the youth court did not err in finding that it lacked jurisdiction since chancery courts have exclusive jurisdiction. (5-4: Coleman for the Court; Randolph dissented, joined by Ishee, Griffis, and Branning)
Note – The procedural posture of this one is strange as a result of the chancery court refusing to set a hearing on adoption petitions. The petitioner got creative and initiated the youth court action to create a record for an appeal so that they could seek relief from the appellate courts. The youth court ruled that it lacked jurisdiction and the petitioner was able to appeal. On appeal, the majority of the Supreme Court agreed that the youth court lacked jurisdiction but held that they could not provide any relief other than to affirm the youth court because no other relief was specifically sought. The Supreme Court made it clear that the chancery court should act, but found that it lacked a mechanism based on the issue presented on appeal to compel the chancery court to act. Here is how the majority opinion concluded:
The partial concurrence/partial dissent agreed that the youth court lacked jurisdiction, but was less diplomatic about the chancery court’s conduct and disagreed that Supreme Court’s hands are tied on this appeal:
Other Orders
McGee v. State, 2023-CT-00083-SCT (denying cert)
Childs v. State, 2023-CT-00126-SCT (denying cert)
In the Matter of Estate of Johnson: Manners v. Estate of Johnson, 2023-CT-00823-SCT (denying rehearing)
McNaughton v. State, 2023-CT-01099-SCT (denying cert)
Caffey v. Forrest Health, 2023-CT-01232-SCT (denying cert)
Carr v. State, 2024-CT-00185-SCT (denying cert)
Horne v. Dolgencorp LLC, 2024-CT-00376-SCT (denying cert)
Strong v. Acara Solutions, Inc., 2024-CT-00455-SCT (granting cert)
Rogers v. State, 2025-M-00257 (granting application for leave to proceed in the trial court)
The Mississippi Supreme Court handed down one opinion today in a dispute between the Mississippi Department of Medicaid and a group of providers. There was also a bunch of orders related to various sets of rules.
Hattiesburg Medical Park Management Corp., v. Mississippi Division of Medicaid, 2024-SA-00253-SCT (Civil – State Boards & Agencies) Reversing the chancellor’s decision affirming DOM’s adjustments to providers’ 2015 cost reports, holding that DOM’s change to its internal policy of not offsetting the dividends received by certain providers without public notice was arbitrary and capricious. (7-2: Griffis for the Court; King dissented, joined by Coleman)
Other Orders
In Re: The Rules of Civil Procedure, 89-R-99001-SCT (amending MRCP’s introductory statement for Appendix A Forms)
In Re: Local Rules, 89-R-99015-SCT (dismissing motion to adopt Local Rule Governing Indigent Counsel Appointment)
In Re: Local Rules, 89-R-99015-SCT (granting motion to Amend or in the Alternative, Adopt Local Rule out of the 23rd Circuit Court District)
In Re: Local Rules, 89-R-99015-SCT (granting Motion to Amend Local Rules for the 4th Circuit)
In Re: Rules of Professional Conduct, 89-R-99018-SCT (granting Petition to Amend Certain Rules of the Mississippi Rules of Appellate Procedure and the Mississippi Rules of Professional Conduct in Order to Define the Practice of Law in Mississippi and Exceptions Thereto and to Prohibit the Unauthorized Practice of Law in Mississippi)
Rules for Court Reporters, 89-R-99021-SCT (denying Motion to Amend the Rules and Regulations Governing Certified Court Reporters)
In Re: Mississippi Rules of Criminal Procedure, 89-R-99038-SCT (denying Motion to Amend MRCrP 7.2 and Comment Thereto)
Roncali v. State, 2023-CT-00173-SCT (granting cert)
The Mississippi Supreme Court handed down four opinions yesterday. There was also an order dismissing an appeal as untimely based on a defect in a motion for reconsideration filed with the trial court that is worth a quick read.
Mohiuddin v. Jackson County, 2024-CA-00759-SCT (Civil – State Boards and Agencies) Affirming the circuit court’s judgment upholding the Board of Supervisor’s approval of a special exception to a zoning ordinance, holding that the Board’s interpretation of its zoning ordinance was correct and that is decision granting a special exception was not arbitrary and capricious and was supported by substantial evidence. (9-0: Branning for the Court)
Miller v. State, 2024-KA-00804-SCT (Criminal – Felony) Affirming conviction of aggravated assault, holding the indictment was not defective and that the defense was not prejudiced by the State’s amendment of the indictment. (7-1-0: Griffis for the Court; King concurred in result only without writing)
Thompson v. Estate of Lee, 2025-CA-00286-SCT (Civil – Wills, Trusts & Estates) Reversing the chancellor’s decision in a claim brought against an estate by the former clients of the decedent regarding misappropriated client funds, holding that the chancellor erred in dismissing the clients’ claims where the court had previously ruled that MDL funds at issue belonged to the clients and erred in finding that the former clients were required to maintain a judgment against the decedent or his estate to recover their funds that he held in trust. (8-1: Chamberlin for the Court; Randolph concurred in result only without writing)
Busby v. State, 2024-KA-00482-SCT (Criminal – Felony) Affirming conviction of sale of a Schedule II substance, holding that there was no Confrontation Clause violation where the trial court admitted testimony from a drug-analyst expert to testify that the substance sold was methamphetamine and admitted the law report through that expert where the expert was the technical reviewer and not the initial analyst. (5-4: Maxwell for the Court; Coleman concurred in result only, joined by King, Ishee, and Sullivan.)
Other Orders
P.K. Loyacono, PLLC v. Raymond James Financial Services, Inc., 2024-CA-00791-SCT (granting motion to dismiss appeal from final judgment for lack of jurisdiction)
Practice Point – This Order is a cautionary tale. A “motion for reconsideration” that does not state grounds for relief does not toll the appeal deadline:
In Re: Advisory Committee on Rules, 89-R-99016-SCT (reappointing the following persons for three-year terms (1/1/26 to 12/31/28) as members of the Advisory Committee on Rules: Hon. Crystal Wise Martin, Hon. Celeste Embrey Wilson, David P. Pitre, Esq., Corey Clayton Cranford, Esq., Lance L. Stevens, Esq., and Katherine S. Kerby, Esq.)
Jones v. State, 2022-CT-01124-SCT (denying cert)
Davis v. State, 2023-CT-00811-SCT (denying cert)
Lee v. Doolittle, 2023-CT-00969-SCT (granting cert)
Phinizee v. State, 2023-CT-01090-SCT (denying cert)
Fortner v. IMS Engineers, Inc., 2023-CT-01170-SCT (denying cert)
Smith v. State, 2024-CT-00162-SCT (denying cert)
Underwood v. State, 2024-CT-00423-SCT (dismissing cert petition as untimely)
The Mississippi Supreme Court handed down four opinions today. There is a divorce case, an adoption case, and two felony convictions.
Edwards v. Edwards,2023-CA-01334-SCT (Civil – Domestic Relations) Affirming judgement of divorce awarding ex-husband primary physical custody, holding that the trial court did not err in its Albright analysis, did not err in denying the motion for new trial, and did not err in denying a motion for recusal. (8-0: Branning for the Court; Coleman did not participate)
Practice Point – The Court discussed the failure to make specific findings of fact when conducting an Albright analysis:
Mayfield v. State, 2024-KA-00822-SCT (Criminal – Felony) Affirming conviction of sexual battery, holding that the conviction was supported by sufficient evidence and that the verdict was not against the overwhelming weight of the evidence. (9-0: Branning for the Court)
Moody v. State, 2025-KA-00022-SCT (Criminal – Felony) Affirming conviction of possession of methamphetamine, holding that the conviction was supported by sufficient evidence. (9-0: Maxwell for the Court)
Note – Here is the Court’s preview of the evidence.
Hines v. Caldwell, 2024-CA-00921-SCT (Civil – Adoption) Affirming the chancery court’s decision granting foster parents’ petition for adoption, holding that the adoptive parents were not contractually barred from seeking adoption before exhaustion of family placement with CPS and that judicial estoppel did not apply. (9-0: King for the Court)
Other Orders
In Re: The Rules of Civil Procedure, 89-R-99001-SCT (denying letter motion)
In Re: Local Rules, 89-R-99015-SCT (granting motion seeking approval of revisions to the Local Rules for the Fifth Chancery Court District)
Ramsey v. State, 2023-CT-00440-SCT (denying cert petition as untimely)
Foote v. Memorial Hospital at Gulfport, 2023-CT-00504-SCT (denying cert)
Watkins Construction, Inc. v. Mississippi Department of Revenue, 2024-SA-00662-SCT (denying rehearing)
Mississippi Appeals Blog 