The Mississippi Supreme Court did not hand down any opinions today. It did, however, deny cert in three cases and interloc in two.
Other Orders
The Mississippi Court of Appeals handed down six opinions today. There are two appeals of felony convictions, a breach of contract case, a medical malpractice/wrongful death/savings statute case, a zoning ordinance case, and a PCR case.
Vu v. State, 2024-KA-01117-COA (Criminal – Felony)
Affirming conviction of burglary, holding that the conviction was supported by sufficient evidence and that the issue of whether prior bad acts were not properly admitted was waived, and dismissing the ineffective-assistance-of-counsel claim without prejudice.
(9-1-0: Lawrence for the Court; Westbrooks concurred in part and in the result without writing)
Magdi Corporation v. Beruk Construction, Inc., 2024-CA-01310-COA (Civil – Contract)
Reversing the dismissal of a breach of contract case after a bench trial, holding that the chancellor manifestly erred by granting an involuntary dismissal based on a finding that the subject construction project had reached “substantial completion” and that the plaintiff’s failure to pay at that point put the plaintiff in breach.
(9-1-0: Lawrence for the Court; Wilson concurred in part and in the result without writing)
Burdine v. State, 2025-KA-00154-COA (Criminal – Felony)
Affirming conviction of two counts of felony voyeurism and three counts of indecent exposure, holding that the trial court did not err in admitting the contents of the defendant’s cell phone, that there was sufficient evidence supporting the convictions, that the trial court did not err in admitting lay opinions, that the State proved the elements for habitual sentencing, and that the two life sentences were not constitutionally disproportionate.
(10-0: McDonald for the Court)
Humphrey v. State, 2024-CP-01444-COA (Civil – PCR)
Vacating and rendering the trial court’s judgment denying the petitioner’s Rule 60(b)(6) motion, holding that the circuit co0urt lacked jurisdiction.
(10-0)
Knight v. Glover, 2024-CA-01157-COA (Civil – Wrongful Death)
Reversing the dismissal of a medical malpractice case based on the statute of limitations, holding that the suit was not time-barred because it was filed within one year of the dismissal of the first suit without prejudice and was thus saved by the savings statute.
(6-4: Wilson for the Court; Emfinger dissented, joined by Barnes, Carlton, and McCarty)
Haman Construction, LLC v. Marshall County Board of Supervisors, 2025-CA-00340-COA (Civil – State Boards & Agencies)
Reversing the circuit court’s decision affirming the Board’s denial of a petition to amend zoning ordinances, holding that the decision was arbitration and capricious because it was based on the incorrect interpretation of controlling ordinances.
(6-1-2: Lassitter St. Pe’ for the Court; McCarty dissented, joined by Carlton, and joined in part by Barnes and McDonald)
Other Orders
The Mississippi Supreme Court handed down to opinions today. One is an appeal of an MTCA personal injury award and the other stems from a messy domestic relations matter involving a criminal contempt issue.
City of Jackson v. Lawson, 2024-CA-01174-SCT (Civil – Personal Injury)
Affirming a personal injury award under the MTCA, holding that the City was not immune where it had prior knowledge of a pothole that caused the injury.
(6-1: Coleman for the Court; Branning dissented without writing)
Jones v. Jones, 2024-CA-00690-SCT consolidated with 2024-CA-01307-SCT (Civil – Domestic Relations)
Vacating the chancellor’s order imposing sanctions for criminal contempt and remanding the case for the chancellor to recuse from contempt proceedings and ordering the return of a $1,500 sanction; affirming the chancellor’s order requiring one party to reimburse the other party for medical debt of her child by another man; declining to require the chancellor to recuse from future cases involving one party of its attorneys; and declining to refer the chancellor to the judicial performance commission.
(5-1: Randolph for the Court; Griffis concurred in part and dissented in part, joined in part by Coleman and Ishee)
Other Orders
The Mississippi Supreme Court handed down four opinions today. Two are med mal cases, one of which addresses the application of statutory immunity for medical treatment during the COVID state of emergency. The other med mal case was up on an arbitration issue. The other two cases are direct criminal appeals. There is a judicial performance matter among the “other orders.”
Secrist v. Rush Medical Foundation, 2024-CA-01034-SCT (Civil – Med Mal)
Affirming the dismissal of a medical malpractice case, holding that the trial court did not err in finding that the defendant medical providers were immune under section 11-71-7 (Supp. 2025) which provides legal immunity for healthcare providers for healthcare services performed during the COVID-19 state of emergency.
(4-2: Griffis for the Court; Coleman specially concurred, joined in part by Randolph, Ishee, Griffis, and Sullivan; King concurred in result only without writing; Branning did not participate)
Note – Coleman’s specially concurred to discuss the role of legislative history in judicial decision-making:
…
Mallette v. Revette, 2024-CA-01277-SCT (Civil – Wrongful Death)
Affirming the circuit court’s denial of a motion to compel arbitration, holding that the trial court’s finding of fact regarding the authenticity of the signature was entitled to deference, that the defendants did not carry their burden of proving actual authority, and that direct-benefits estoppel did not apply.
(7-0: Coleman for the Court)
Gardner v. State, 2023-CT-00903-SCT, consolidated with 2018-KA-01337-SCT (Criminal – Felony)
Affirming in part and reversing in part the Court of Appeals and reinstating and affirming the circuit court’s judgment, holding that the argument that the trial court erred by admitting prior felony convictions into evidence was procedurally barred by failure to object at trial and that there was no plain error.
(4-2-1: Randolph for the Court; Coleman concurred in part and in the result without writing; King dissented, joined by Sullivan and joined in part by Coleman)
House v. State, 2024-KA-01432-SCT (Criminal – Felony)
Affirming conviction of first-degree murder, holding that the verdict was supported by sufficient evidence and that the verdict was not against the overwhelming weight of the evidence.
(7-0: Coleman for the Court)
Other Orders
I am a bit behind because I was out of the office last week, and yesterday I had court in Neshoba County. The Mississippi Supreme Court handed down one opinion last week and six opinions this week. Last week’s opinion was an election context. Of the six this week, three were dismissals of appeals from youth court restitution orders, two were appeals of felony convictions (with one reversal) and the other was a real property case.
Randle v. Ivy, 2025-EC-00299-SCT (Civil – Election Contest)
Affirming the special judge’s decision in an election contest, holding that the issue was moot after the election and that there was substantial evidence to support the decision that the primary-election candidate did not meet the residency requirement.
(7-0: King for the Court)
Other Orders
In Re: Interest of L.L., A Minor, 2024-CA-00872-SCT (Civil – Juvenile Justice)
Dismissing appeal from a youth court restitution order, holding that the order was not a final, appealable order.
(6-1: Branning for the Court; King dissented without writing)
Gibson v. State, 2024-KA-01301-SCT (Criminal – Felony)
Reversing conviction of second degree murder, holding that the trial court abused its discretion in denying a jury instruction for excusable homicide.
(4-3: Sullivan for the Court; Randolph dissented, joined by Griffis and Branning)
In the Interest of R.H., a Minor, 2024-CA-00873-SCT (Civil – Juvenile Justice)
Dismissing an appeal of a restitution order from youth court, holding that it was not a final, appealable order.
(6-1: Griffis for the Court; King dissented without writing)
Hewitt v. TJM Properties, Inc., 2024-CA-01312-SCT (Civil – Real Property)
Affirming the chancellor’s dismissal of a claim for reimbursement and property-based claims by a developer who never acquired title to the subject property, holding that the chancellor did not err in finding that the plaintiff lacked a legally cognizable property interest.
(7-0: Ishee for the Court)
McDaniel v. State, 2025-KA-00202-SCT (Criminal – Felony)
Affirming conviction of second degree murder, holding that trial counsel was not ineffective for not requesting an accidental homicide instruction, that there was no abuse of discretion granting jury instruction on deliberate design, and that the conviction was not against the overwhelming weight of the evidence.
(7-0: Randolph for the Court)
In the Interest of D.G., a Minor, 2024-CA-00868-SCT (Civil – Juvenile Justice)
Dismissing an appeal of a youth court restitution order, holding that it was not a final, appealable order.
(6-1: Ishee for the Court; King dissented without writing)
Other Orders
The Mississippi Supreme Court handed down one opinion on Thursday in a direct criminal appeal.
The bigger news from yesterday is that the NCAA filed a petition for interlocutory appeal in the Trinidad Chambliss case. Trinidad’s lawyers have two weeks to file a response and then we wait for the Supreme Court to decide whether to allow an appeal of the preliminary injunction. I wrote about this process in an earlier post.
Vance v. State, 2025-KA-00444-SCT (Criminal – Felony)
Affirming conviction of first-degree murder, holding that trial counsel was not constitutionally ineffective by not objection to two jury instructions or for not requesting a manslaughter instruction other than culpable-negligence manslaughter, that the trial court did not err in sustaining an objection to the defendant’s question to a lay witness about whether she perceived the defendant was being abused at home, that the verdict was not against the overwhelming weight of the evidence and that the conviction was supported by sufficient evidence, and that the ineffective-assistance-of-counsel claim regarding a failed attempt to introduce security camera recording.
(7-0: Sullivan for the Court)
Other Orders
The Mississippi Supreme Court handed down one opinion on February 12 (a direct appeal of a felony conviction) and one today (an annexation case). In addition to the opinions, there was no shortage of rulings on petitions for cert with a couple of grants in the mix.
Goods v. State, 2023-KA-00955-SCT (Criminal – Felony)
Affirming conviction of depraved-heart murder, holding that the trial court did not abuse its discretion in admitting autopsy photographs or in instructing the jury and that the verdict was not against the overwhelming weight of the evidence.
(7-0: Randolph for the Court)
In the Matter of The Enlarging, Extending and Defining The Corporate Limits and Boundaries of The City of Olive Branch, DeSoto County, Mississippi: City of Olive Branch v. Dobbins, 2024-AN-00749-SCT (Civil – Municipal Boundaries & Annexation)
Affirming the chancery court’s denial of the City’s petition to annex two parcels of land, holding that the chancery court’s finding that the annexation was unreasonable was supported by substantial credible evidence.
(4-2: Ishee for the Court; Griffis dissented, joined by Branning; Coleman did not participate)
Other Orders
February 12, 2026
February 26, 2026
The Mississippi Supreme Court handed down a stack of orders but no opinions today.
Other Orders
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
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
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