The Mississippi Supreme Court handed down two opinions today. One is a tax sale case and the other is a direct criminal appeal. There is also a disciplinary order granting an irrevocable resignation to an attorney who did not wish to defend a complaint by The Mississippi Bar.
Foreman v. DHP1, LLC, 2023-CA-01293-SCT (Civil – Real Property) Affirming the chancery court’s grant of summary judgment in a tax sale case, holding that the chancery court did not err in finding that the tax sale was void for failure to provide notice of forfeiture to a former owner who was entitled to notice under Section 27-43-3. (8-0: Griffis did not participate)
Hunter v. State, 2023-KA-01246-SCT (Criminal – Felony) Affirming conviction of first-degree murder and shooting into an occupied vehicle, holding that the defendant was procedurally barred from claiming improper admission of a previous charge of marijuana possession and that it was not plain error to admit it. (9-0)
Other Orders
Conrad v. The Mississippi Bar, 2025-BD-00177-SCT (granting irrevocable resignation in compliance with Rule 11(a) of the Rules of Discipline for the Mississippi State Bar)
Campbell v. State, 2022-CT-01055-SCT (denying cert)
The Mississippi Supreme Court handed down two opinions today in direct criminal appeals. One was on cert on a Confrontation Clause issue after the Court of Appeals affirmed a conviction.
Walker v. State, 2023-KA-01153-SCT (Criminal – Felony) Affirming conviction of first-degree murder, shooting into occupied vehicle, and felony fleeing from law enforcement, holding that the trial court did not err in refusing a proposed lesser-included-offense jury instruction as to heat of passion manslaughter, that the conviction was supported by sufficient evidence and the verdict was not against the overwhelming weight of the evidence, that the trial court did not commit plain error by failing to exclude a portion of the defendant’s statement, that the jury instruction conference should have been on the record by the defendant was procedurally barred from raising the issue on appeal, and that the defendant did not demonstrate that trial counsel was ineffective. (9-0)
Practice Point – When there is no transcript available…
The opinion concluded:
Pitts v. State, 2021-CT-00740-SCT (Criminal – Felony) Affirming conviction of sexual battery, holding that the defendant’s rights under the Confrontation Clause were not violated where a screen was placed between a child witness and the defendant at trial. (5-3-1: Maxwell concurred in result only, joined by Chamberlin and Griffis; King dissented)
Note – This opinion has a lengthy and detailed analysis of the Confrontation Clause.
Other Orders
Powers v. State, 2017-DR-00696-SCT (denying motion for relief under Rule 60(b)(6))
White v. The Home Depot, 2022-CT-00894-SCT (denying pro se cert petition)
Galang v. State, 2023-CT-00006-SCT (denying cert)
Corrothers v. State, 2023-CA-00401-SCT (denying rehearing)
Carroll v. State, 2023-CT-00688-SCT (denying pro se cert petition)
Toler v. State, 2023-KA-00712-SCT (denying rehearing)
In Re: Administrative Orders of the Supreme Court of Mississippi, 2025-AD-00001-SCT (appointing Timothy Lewis as Deputy Marshal of the Supreme Court of Mississippi)
The Mississippi Supreme Court waited until I was out of town last week to unleash its largest batch of opinions of the year. Six opinions were handed down on Thursday, including one of my cases which was on interlocutory appeal for a service of process issue. There is also one direct criminal appeal, two breach of contract cases (one trial and one summary judgment), an election contest, and a statute of limitations case.
The Court also adopted a new rule of evidence that is “residual exception” to the rule against hearsay.
Unruh v. Johnson, 2024-IA-00028-SCT (Civil – Personal Injury) Reversing the trial court’s denial of motions to dismiss for insufficient service of process, holding that the trial court erred by granting the plaintiff’s motion for enlargement of time to serve process because the plaintiff could not show “good cause” where both the motion for enlargement of time and the first service attempt came one day after the 120-day service period ended and the plaintiff failed to articulate a legitimate basis for failing to attempt to timely serve process, holding that filing the motion for enlargement of time one day after the 120-day period did not toll the statute of limitations, and rendering judgment in favor of the defendant. (9-0)
Note – I represented the appellant/defendant in this appeal. I jumped in on this one with Bobby Stephenson when I joined Wilkins Patterson last summer right after interlocutory appeal was granted.
Phillips v. State, 2023-KA-01218-SCT (Criminal – Felony) Affirming conviction of aggravated assault, holding that the admission of statements on body-camera footage were not testimonial and statements in search warrant affidavit did not violate the Confrontation Clause, that introducing underlying facts and circumstances of the search warrant containing a comment about the defendant’s post-Miranda silence was error albeit harmless, that the cumulative error doctrine did not apply, and that the defendant did not receive ineffective assistance of counsel. (8-0: Randolph did not participate)
Radco Fishing and Rental Tools, Inc. v. Commercial Resources, Inc., 2023-CA-00376-SCT (Civil – Contract) Affirming judgment against the defendant for outstanding principal and interest under an accounts receivable line of credit agreement and award of attorneys’ fees, holding that the trial court did not err by granting a motion for partial summary judgment dismissing affirmative defenses, that the defendants’ motions for summary judgment are not reviewable on appeal after they proceeded to trial and litigated, that the trial court did not err by granting a motion to admit parol evidence, that the trial court did not err in denying the defendants’ motions for directed verdict and granting the plaintiff’s motion for directed verdict, that the trial court did not err in granting the plaintiff’s jury instruction on liability, that the trial court did not err by denying the defendants’ post-trial motions, and that the trial court did not err in altering the judgment due to the jury’s disregard of the peremptory instruction and directed verdict, and that the trial court did not err by granting the plaintiff’s motion to bifurcate and award attorneys’ fees. (6-6*-2: Maxwell specially concurred, joined by five other justices, making it binding precedent; Griffis concurred in part and dissented in part, joined by Coleman)
*Precedential Special Concurrence – With a total of six votes, Maxwell’s special concurrence is precedent and provides significant guidance for the bench and bar going forward, so it deserves its own summary. The special concurrence held that the trial court erred in granting a blanket ruling against all of the defendants’ affirmative defenses, specifically holding that Horton does not apply to “all” affirmative defenses, only those that would have terminated litigation if asserted earlier.
The concurrence explained:
Footnote 11 was also noteworthy:
Final Note – The dissent argued for limiting the Horton doctrine to the issue of asserting the right to arbitration.
Housing Authority of the City of Yazoo City, Mississippi v. Billings, 2023-IA-00975-SCT (Civil – Contract) Reversing the trial court’s order denying the Housing Authority’s motion for summary judgment on a breach of contract claim against it, holding that none of the alleged terms of the employment contract were contained in the Housing Authority board’s minutes, and rendering judgment in favor of the Housing Authority. (9-0)
Gavin v. Evers, 2024-EC-00061-SCT (Civil – Election Contest) Affirming the trial court’s grant of summary judgment in an election contest, holding that the trial court did not err in considering the motion to dismiss and motion for summary judgment simultaneously, did not err in excluding an affidavit that was not based on the affiant’s personal knowledge, did not err in finding no genuine issue of material fact in the voting irregularities claim, did not err by finding that the prevailing candidate met the two-year residency requirement, and did not err in denying the motion for reconsideration and request for additional findings of fact and conclusions of law. (9-0)
Dollar General Corporation v. Dobbs, 2023-IA-00617-SCT (Civil – Torts) Reversing the county court’s denial of the defendant’s motion to dismiss for failure to state a claim, holding that the trial court erred in finding the three-year statute of limitations applied where the complaint stated only a claim of defamation which is subject to a one-year statute of limitations. (5-4)
Other Orders
Johnson v. State, 2022-CT-00665-SCT (denying cert)
Law Will and Testament of Prichard: Martin v. Arceneaux, 2022-CT-01035-SCT (denying cert)
Wilson v. State, 2023-CT-00070-SCT (dismissing pro se cert petition as untimely)
Wallace v. State, 2023-CT-00071-SCT (denying cert)
NCAA v. Farrar, 2023-IA-00282-SCT (denying rehearing)
In Re: Capitol Complex Improvement District Inferior Court, 2025-M-00007-SCT (granting motion to withdraw petition to adopt local rules of CCID Court)
In Re: Mississippi Rules of Evidence, 89-R-99002-SCT (granting motion to adopt Mississippi Rule of Evidence 807) Here is the text of the new rule:
The Mississippi Supreme Court handed down one opinion today addressing the issue of whether a company president’s signature on a commercial lease bound him personally to arbitration under the lease.
R.K. Metals, LLC v. JLA Jome Fabrics, Inc., 2023-CA-00620-SCT (Civil – Contract) Affirming the trial court’s finding that a company president’s signature in his representative capacity on a commercial lease was binding on him personally, holding that the terms of the lease in question specifically named the president as personal guarantor to the lease and, accordingly, that the president could be compelled to participate in arbitration under the terms of the lease and the doctrines of equitable estoppel and agency. (9-0)
Note – Here is the operative language from the lease agreement:
Other Orders
In Re K.H.: Berry v. Lincoln County Youth Court of Mississippi, 2024-IA-01299-SCT (granting petition for interlocutory appeal by permission or, in the alternative, writ of mandamus and rendering an order for the respondent to provide requested copies directly to the petitioner pursuant to and consistent with Mississippi Code section 43-21-261(3))
The Mississippi Supreme Court handed down three opinions today. One addresses a service-of-process issue in a med mal case and the other two are direct criminal appeals. Once of the criminal cases reversed under the cumulative-error doctrine.
Webster v. University of Mississippi Medical Center Grenada, 2023-CA-00687-SCT (Civil – Med Mal) Affirming the trial court’s order of dismissal for failure to serve process, holding that Rule 4(d)(5) applied, not Rule 4(d)(8), so UMMC had to be served by service on the attorney general which was not done within the time allowed under Rule 4(h). (9-0)
Minor v. State, 2022-CT-00990-SCT (Criminal – Felony) Reversing convictions of possession of marijuana and trafficking of THC, holding that cumulative-error doctrine applied where the State commented on the defendant’s right to remain silent, elicited inflammatory testimony regarding the effect of edible son children without evidentiary basis, referring to an out-of-court statement made by someone the defendant did not have an opportunity to cross examine, and improperly implied the defendant must be guilty because another defendant was guilty because these errors undermined the fairness of the defendant’s trial. (4-3: Griffis dissented, joined by Maxwell and Branning; Randolph and Sullivan did not participate)
Jones v. State, 2023-KA-00876-SCT (Criminal – Felony) Affirming conviction of sexual battery and fondling, holding that the defendant did not show that trial counsel’s failure to file post-trial motions prejudiced his defense. (7-2: King dissented, joined by Griffis)
Other Orders
Gilmer v. Biegel, 2022-CT-00528-SCT (denying motion for citation of contempt and sanctions as moot)
Nettles v. Nettles, 2023-CT-00041-SCT (dismissing cert)
Brown v. State, 2023-CT-00082-SCT (denying cert)
Aldridge v. South Tippah County School District, 2023-CT-00418-SCT (denying cert)
The Mississippi Supreme Court handed down four opinions today. There is an interesting Fourth Amendment case of first impression regarding a cell phone search. The lone civil decision has thorough discussions of the doctrines of mootness, standing, and judicial admissions.
Lenoir v. State, 2023-IA-01181-SCT (Criminal – Felony) Affirming an interlocutory order of the circuit court denying a motion to disqualify the judge and quash the indictment, holding that the joint order of the two circuit judges in the district recusing themselves and appointing a circuit judge from another district was valid under Section 9-1-105(5), that the appointment of another circuit judge did not fail for lack of notice, that the Court would not consider evidence that was not in the record on appeal but attached to a brief, that dismissal was not warranted where he had not been formally appointed at the time the case was presented to the grand jury because there was not evidence of improper influence, that a recused judge’s signature on a the grand jury report did not equate to “hearing any matters arising in this case,” and that an argument that the special judge’s issuance of search warrants is premature. (7-0: Randolph and Sullivan did not participate)
Watts v. State, 2023-KA-00893-SCT (Criminal – Felony) Affirming conviction of first degree murder, holding that the evidence was sufficient to support the conviction which was not against the overwhelming weight of the evidence, that a jury instruction on deliberate design killing to which that was no objection was not improper as a matter of law, and that a jury instruction on inferring malice aforethought was not an improper comment on the weight of the evidence. (9-0)
Knight v. State, 2022-KA-01138-SCT (Criminal – Felony) Affirming conviction of two counts of exploitation of a child and one count of touching a child, holding that a warrantless search of the defendant’s cellphone did not violate the Fourth Amendment under the private search doctrine, that the prosecutor’s complained-of comments were not so prejudicial or inflammatory as to require reversal, that there was no merit to the challenges to the search warrants, that the claim that the State knowingly presented false evidence was without merit and that it was within the jury’s province to weight inconsistent and contradictory testimony, that the disproportionate sentence argument was barred fro failure to address the Solem factors, passing on the ineffective-assistance-of-counsel claim, and that without error there could be no cumulative error reversal. (5-1-2: King concurred in part and in the result without writing; Ishee dissented, joined by Sullivan; Randolph did not participate)
Lee v. The City of Pascagoula, 2022-CT-01190-SCT (Civil – State Boards & Agencies) Vacating judgment of the Court of Appeals and dismissing the appeal for mootness, holding that the appeal was moot because the motel that it involved had been razed and that the plaintiff lacked standing because she no longer had an interest in the property. (9-0)
Practice Point – The Mississippi Supreme Court relied on Fifth Circuit precedent and held that appellate courts can treat statements in briefs as binding admissions of fact:
Other Orders
Lenoir v. State, 2023-IA-01181-SCT (granting motion to strike)
The Mississippi Supreme Court handed down one opinion today. It is an uncommon interlocutory appeal in a felony case considering a double jeopardy argument.
Middleton v. State, 2024-IA-00144-SCT (Criminal – Felony) Affirming the trial court’s denial of a motion to dismiss an indictment for felony possession of methamphetamine on the basis of double jeopardy, holding that the municipal court’s determination of the fine for possession of a controlled substance did not constitute a conviction for a possession of a controlled substance for double jeopardy to attach. (9-0)
Other Orders
Estate of Warren: Warren v. Maharrey, 2023-CT-00438-SCT (denying cert)
In Re: Lonnie Coleman, 2024-M-00712 (granting mandamus and directing the trial court to enter rulings within 30 days)
The Mississippi Supreme Court handed down two opinions in direct criminal appeals today.The Court also issued five cert denials and granted a petition for interlocutory appeal in a premises case.
Broome v. State, 2023-KA-01163-SCT (Criminal – Felony) Affirming conviction of aggravated assault, holding that an officer’s testimony about steps in the investigation was not hearsay, that it was improper hearsay for the officer to repeat a witness’s identification of the defendant but that it was harmless since that witness gave identification testimony at trial, and that an investigator’s lay testimony regarding the ultimate issue of fact was harmless if in error. (7-2: Griffis concurred in part and dissented in part, joined by Sullivan)
Mackabee v. State, 2023-KA-00644-SCT (Criminal – Felony) Affirming conviction of fourth-offense DUI, holding that there are no issues warranting appeal after reviewing counsel’s Lindsey brief and the record. (9-0)
Other Orders
Smith v. State, 2019-DR-01492-SCT (denying motion for leave to file successive PCR motion)
Simmons v. State, 2023-CT-00130-SCT (denying cert)
Hyland v. State, 2023-CT-00256-SCT (denying cert)
Weeks. Weeks, 2023-CT-00427-SCT (denying cert)
Neal v. Cain, 2023-CT-00625-SCT (denying cert)
Davis v. State, 2023-CT-00663-SCT (denying cert)
Premier Entertainment Biloxi, LLC v. Ryan, 2024-IA-01175-SCT (granting interloc petition)
The Mississippi Supreme Court handed down four opinions today. There was a UM dec action along with three direct criminal appeals. One of the direct criminal appeals resulted in reversal based on an erroneous jury instruction.
Williams v. Mississippi Farm Bureau Cas. Ins. Co., 2023-CA-01225-SCT (Civil – Insurance) Affirming the trial court’s decision granting a UM carrier’s motion for summary judgment in a dec action, holding that the UM policy did not unlawfully restrict or reduce coverage mandated by Mississippi’s UM Act and that clear and unambiguous language in the policy excluded ATVs from the term “uninsured motorist.” (9-0)
Barnett v. State, 2023-KA-00742-SCT (Criminal – Felony) Reversing conviction for sale of meth, holding that the trial court committed reversible error by giving a jury instruction that improperly commented on the weight of the evidence. (7-2: Randolph dissented, joined by Branning)
N0te – Here is the text of the jury instruction that warranted reversal:
Robinson v. State, 2023-KA-00773-SCT (Criminal – Felony) Affirming conviction of aggravated assault, holding that the evidence was sufficient to support the conviction, and rejecting the appellant’s pro se arguments that his appellate counsel were ineffective, that the State committed Brady violations, and that the trial court lacked jurisdiction. (9-0)
Kendrick v. State, 2024-KM-00510-SCT (Criminal – Misdemeanor) Affirming the circuit court’s decision affirming the county court’s decision affirming a municipal court conviction of DUI first offense and possession of drug paraphernalia, holding that the county court did not err in denying a motion to suppress that claimed the traffic stop was illegal. (8-0: Randolph did not participate)
Other Orders
In Re: The Rules of Civil Procedure, 89-R-99001-SCT (granting motion to amend M.R.C.P. 14 to be effective 30 days from the entry of the order on January 27, 2025)
In Re: Weaver, 2017-M-00527 (denying misnamed application for leave to seek post-conviction relief in the trial court, finding the application successive and frivious, and warning that future frivolous filings may result in sanctions)
Lestrick v. State, 2021-CT-01409-SCT (dismissing cert petition)
Gilmer v. Biegel, 2022-CP-00528 (denying motion for citation of contempt and sanctions and ordering payment of sanction)
Weatherly v. Weatherly, 2022-CT-00804-SCT (granting cert)
Jackson v. State, 2023-CT-00201-SCT (denying cert)
Jackson v. State, 2023-CT_201-SCT (denying pro se cert petition)
Carpenter v. State, 2023-CT-00580-SCT (denying cert)CT (denying cert)
In Re Validation of up to $27,600,000 Trust Certificates Evidencing Proportional Interests in a Lease by The Simpson County School District: Floyd v. Simpson County School Board, 2023-CA-01126-SCT (denying motion for rehearing and amended motion for rehearing)
Parker v. Stewart, 2023-CA-01257-SCT (granting motion to dismiss appeal)
Parker v. Stewart, 2023-CA-01257 (per curiam affirmance)
The Mississippi Supreme Court handed down two decisions today. One in an interlocutory appeal of a denial of a motion to dismiss a 1983/HIPAA suit against a hospital and the other is a termination of parental right case.
Greenwood Leflore Hospital v. Boykin, 2023-IA-00820-SCT (Civil – Other) Reversing the trial court’s denial of the hospital’s motion to dismiss a § 1983 suit alleging that the hospital intentionally withheld the plaintiff’s medical records which in turn deprived her of access to courts by preventing her from filing a med mal suit, holding that the plaintiff’s failure to file a brief constituted a confession of reversible error and then addressing the merits and holding that the plaintiff could not use § 1983 to enforce a federal statute (HIPAA) that does not give her an individual right. (7-2-0: Coleman concurred in part and in the result; Randolph concurred in result only)
Practice Point – File a brief.
Note – Justice Coleman’s short concurrence took issue with the Court’s decision to address the merits after finding that the failure to file a brief constituted confession of reversible error. I thought this concurrence was interesting in light of appellate courts’ occasional habit of deciding that arguments “also meritless” after deciding dispositive issues that do not reach the merits such as an argument is waived or time-barred. Here is the concurrence:
X.G.C. v. Jackson County Department of Child Protection Services, 2023-CA-00138-SCT (Civil – Custody) Affirming the chancellor’s decision terminating parental rights, holding that the court did not err in terminating parental rights and that the record supported the Court’s finding that the statutory requirements of § 93-15-115 and § 93-14-119 were satisfied. (9-0)
Other Orders
Black v. State, 2022-CT-01223-SCT (denying cert)
Sinquefield v. City of Ridgeland, 2022-CT-01276-SCT (denying cert)
Carr v. State, 2023-DR-00503-SCT (staying matter until April 16, 2025, to allow the State to return to the United States District Court for the Northern District of Mississippi and move to lift the stay and for any other appropriate relief)
Haley v. Brewer, 2023-CT-00571-SCT (denying cert)
McGee v. McGee, 2023-CA-00695-SCT (denying rehearing)
In Re: Administrative Orders of the Supreme Court of Mississippi, 2025-AD-00001-SCT (directing the disbursement of $213,407.18 in civil legal assistance funds among the MS Center for Legal Services, MS Volunteer Lawyers Project, and North MS Rural Legal Services)
Mississippi Appeals Blog 