Category: Supreme Court

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 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 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 Supreme Court Decisions of May 1, 2025

The Mississippi Supreme Court handed down two opinions yesterday. One is a MDOR case and the other is a direct criminal appeal. The Court also entered orders amending the Rules for Court Reporters and the Justice Court Rules.

Mississippi Department of Revenue v. Tennessee Gas Pipeline Company, LLC, 2023-SA-01079-SCT (Civil – State Boards & Agencies)
Affirming the chancery court’s grant of summary judgment against the MDOR, holding that MDOR improperly included freight charges in the taxpayer’s use-tax base where the taxpayer hired a third-party carrier for the shipment of the goods in a closed transaction.
(7-1-0: Sullivan specially concurred, joined by Ishee; Randolph did not participate)

Tubbs v. State, 2023-KA-01124-SCT (Criminal – Felony)
Affirming conviction of two counts of first-degree murder and two counts of desecration of a human corpse, holding that the conviction was supported by sufficient evidence and that the trial court did not commit plain error by not excluding a deputy’s testimony about the defendant’s confession.
(9-0)

Other Orders

  • Rules for Court Reporters, 89-R-99021-SCT (granting Petition of the Mississippi Court Reporters Association to Amend Rules I(U) and IX(E)(6) of the Rules and Regulations Governing Certified Court Reporters)
  • In Re: Justice Court Rules, 89-R-99024-SCT (amending Rules 9, 14, and 27 of the Rules of Justice Court)
  • Shanks v. State, 2023-CT-00271-SCT (denying cert)
  • Johnson v. SW Gambling LLC, 2023-CT-00505-SCT (denying cert)

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Mississippi Supreme Court Decisions of April 3, 10, 17, and 24, 2025

Here is Part 2 of my April catch-up posting. The Mississippi Supreme Court handed down nine opinions over the past four weeks. On April 3, appellants went 2-1 with a wills and estates undue-influence case, a divorce case, and an MTCA case with a seven-justice special concurrence addressing confusion in the post-Brantley era. Over the following three weeks there was a case addressing a name-change petition on behalf of a minor undergoing gender transition. There is also a case where a majority of the supreme court justices were unhappy with–but affirmed–the application of one of the Court’s rules requiring a defense attorney had to pay jury costs as part of his client’s plea bargain.

April 3, 2025

In Re Estate of Autry: Autry v. Autry, 2023-CA-01300-SCT (Civil – Wills, Trusts & Estates)
Affirming the chancery court’s order invalidating warranty deeds and a last will and testament, holding that the will was invalid because it was not duly authenticated and that the warranty deeds were the product of undue influence.
(9-0)

Sistrunk v. Sistrunk, 2023-CA-01130-SCT (Civil – Domestic Relations)
Reversing the chancellor’s judgment in a divorce case, holding that the court erred by not making specific findings of fact supported by evidence for each of the Ferguson factors and that as a result the court also erred in its rulings on alimony, child support, use of the martial home, determination of marital assets, and attorney’s fees.
(9-0)

J.S. by and through Segroves v. Ocean Springs School District, 2023-CA-01009-SCT (Civil – Personal Injury)
Reversing the trial court’s grant of summary judgment in an MTCA case, holding (1) that discretionary-function immunity protected the defendant from claims that it failed to adopt sufficient policies and procedure, (2) that the plaintiff’s claims regarding negligent hiring, supervision, and training are claims sound in simple negligence and should not have been dismissed, and (3) that the plaintiff demonstrated a triable issue of fact on foreseeability.
(6-7*-1-0: Maxwell specially concurred, joined by Coleman, Chamberlin, Ishee, Griffis, Sullivan, and Branning; Griffis concurred in part and in the result without writing; Randolph did not participate)

Note – You know what that sound means… Justice Maxwell has written another special concurrence that garnered enough votes to have precedential effect. This concurrence addressed ongoing confusion in MTCA law after Wilcher overruled Brantley:

Other Orders

  • Georgen v. Estate of Brown-Barrett, 2023-CT-00344-SCT (denying cert)
  • Robinson v. State, 2023-KA-00773-SCT (denying rehearing)
  • Miller v. State, 2023-CT-00812-SCT (denying cert)
  • Adams v. State, 2025-M-00014 (denying petition for writ of habeas corpus in the nature of a post-conviction application, and finding that the filing was frivolous

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April 10, 2025

Hawkins v. State, 2023-KA-00978-SCT (Criminal – Felony)
Affirming conviction of one count of sexual battery and two counts of fondling, holding that the conviction was supported by sufficient evidence and that the verdict was not against the overwhelming weight of the evidence, and that the second trial did not violate double jeopardy where the first trial ended in mistrial due to juror misconduct.
(9-0)

Other Orders

  • LaFleur v. State, 2022-CT-00500-SCT (denying cert)
  • Wilkerson v. Allred, 2023-CT-00393-SCT (denying cert)
  • Fox v. Allen Automotive, Inc., 2023-CT-00441-SCT (denying cert)
  • Phillips v. Forrest County Industrial Park Commission, 2023-CT-01132-SCT (dismissing cert petition)
  • Williams v. Mississippi Farm Bureau Casualty Insurance Company, 2023-CA-01225-SCT (denying rehearing)

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April 17, 2025

In the Matter of S.M. v. Mississippi State Board of Health, 2023-CA-01379-SCT (Civil – Other)
Affirming the chancellor’s decision denying a minor female’s petition to legally change her name to a more masculine name as part of a gender transition, holding that the chancellor did not abuse her discretion in determining that the child needed to mature more before refiling her request and that the chancellor was not required to apply the Albright factors in reaching that decision.
(8-1: King dissented)

Mississippi Apartment Association v. City of Jackson, 2023-CA-01068-SCT (Civil – Other)
Affirming the chancery court’s decision granting a motion to dismiss an action seeking injunctions based on interpretations and enforcement of city ordinances, holding that the circuit court had exclusive jurisdiction in a previously-filed action challenging the City’s decision to adopt and also hand pendent jurisdiction over the equitable claims in chancery court.
(5-4: Coleman dissented, joined by Branning, Maxwell, and Griffis; Maxwell dissented, joined by Griffis, and joined in part by Coleman, and Branning)

In Re: Jex, 2024-CP-00291-SCT (Civil – Other)
Affirming the circuit court’s order requiring the defendant’s attorney to pay jury costs, holding that the record confirmed that the attorney voluntarily agreed to do so as part of negotiating a plea bargain for his client.
(4-5*-3: Chamberlin specially concurred, joined by Maxwell, Ishee, Griffis, and Branning; Sullivan dissented, joined by King and Coleman)

Note – Chamberlin’s special concurrence has a total of five votes giving it precedential value. Both the special concurrence and the dissent note some difficult facts in this case and the duress, albeit not “legal duress” the State put the defense attorney under.

Final Note – I count eight votes from the rule-making body unhappy with the application of a rule in this case (Rule 3.13 of the Uniform Civil Rules of Circuit and County Court Practice). See Newell v. State, 308 So. 2d 71 (Miss. 1975).

Other Orders

  • In Re: State Intervention Courts Advisory Committee, 89-R-99039-SCT (approving the designation of Katharine Surkin, Director of the Administrative Office of the Courts, of Justice Robert P. Chamberlin as Chair of the State Intervention Courts Advisory Committee and the following as members through December 31, 2026: Judge Michael M. Taylor, Judge Winston L. Kidd, Judge Robert Helfrich, Judge Charles E. Webster, Judge Kathy King Jackson, Judge Randi P. Mueller, Judge John White, Nathan Blevins Deputy Commissioner of Community Corrections, MDOC, Representative Kevin Horan, Chairman, House Judiciary B Committee, Andrea Sanders, Commissioner, Miss. Department of Child Protection Services, and Consuelo Walley, Coordinator, Jones County Drug Ct, 18th Judicial Circuit, and further designating the following alternate members who may attend and vote in the absence of an appointed committee member: Judge Mary “Betsy” Cotton, Judge Mike Dickinson, Judge Walt Brown and W. Dewayne Richardson, District Attorney, Fourth Circuit Court District.)
  • Brown v. State, 2023-CT-00648-SCT (denying cert)
  • In the Matter of Estate of Johnson: Manners v. Estate of Johnson, 2023-CT-00823-SCT (granting cert)
  • In Re: Administrative Orders of the Supreme Court of Mississippi, 2025-AD-00001-SCT (directing the disbursement of $149,116.92 in civil legal assistance funds among the MS Center for Legal Services, MS Volunteer Lawyers Project, and North MS Rural Legal Services)

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April 24, 2025

Quinn v. State, 2024-KA-00195-SCT (Criminal – Felony)
Affirming conviction of attempted murder and possession of a firearm by a felon, holding that the trial court did not err by denying the defendant’s proposed jury instruction defining “homicide,” “murder,” and “deliberate design,” and that the evidence was sufficient to support the conviction.
(9-0)

United Emergency Services of Mississippi, Inc. v. Miller, 2023-IA-00767-SCT, consolidated with Baptist Memorial Hospital-Golden Triangle, inc. v. Miller, 2023-IA-00772-SCT (Civil – Wrongful Death)
Affirming in part and reversing in part the circuit court’s denial of the defendants’ motions for summary judgment in a med mal case, holding that the there were genuine issues of material fact as to all claims except those relying on the theory that one defendant-doctor should have admitted the decedent to the hospital.
(9-0)

Other Orders

  • Knight v. State, 2022-KA-01138-SCT (denying rehearing)
  • Middleton v. State, 2024-IA-00144-SCT (denying rehearing)
  • McPhail v. McPhail, 2024-TS-00849 (reinstating appeal)

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Mississippi Supreme Court Decisions of March 27, 2025

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)
  • Haley v. State, 2023-CT-00918-SCT (denying cert)

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Mississippi Supreme Court Decisions of March 20, 2025

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)

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Mississippi Supreme Court Decisions of March 13, 2025

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:

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Mississippi Supreme Court Decisions of March 6, 2025

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))

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Mississippi Supreme Court Decisions of February 27, 2025

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)

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