Category: Supreme Court

Mississippi Supreme Court Decisions of January 16, 2025

The Mississippi Supreme Court handed down two opinions today. One is a termination of parental rights decision and the other a judicial performance case against Carlos Moore.

J.J.B. v. Monroe County Department of Child Protective Services, 2023-CA-00532-SCT (Civil – Custody)
Affirming the chancellor’s decision in a custody matter, holding that the chancellor did not err in terminating the mother’s parental rights where even after CPS took the children into custody the mother failed to comply with a service plan for reunification and an agreed court order.
(9-0)

Mississippi Commission on Judicial Performance v. Moore, 2024-JP-00121-SCT (Civil – Judicial Performance)
Finding that a municipal court judge’s social media posts and public comments violated the Mississippi Constitution, the canons of judicial conduct, and a memorandum of understanding between the Commission and the judge, resulting in removal from the bench and a $3,000 fine.
(8-1: King dissented, arguing that the statements at issue were protected by the First Amendment)

NOTE – Here are the two allegations of misconduct at issue. First, comments made on the Kelly Clarkson Show:

Second, a social media commentary on the Kyle Rittenhouse trial:

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Mississippi Supreme Court Decisions of January 9, 2025

The Mississippi Supreme Court handed down one opinion today in an interlocutory appeal from a will contest.

In the Matter of Estate of Lake: Lake v. Chesnutt, 2024-IA-00037-SCT (Civil – Wills, Trusts & Estates)
Reversing the chancellor’s order striking as waived and untimely a notice of jury trial in a will contest, holding that the chancellor erred because there was no hearing on the issue and the right to jury trial was not expressly waived.
(7-0: Sullivan and Branning did not participate)

Other Orders

  • In Re: Rules and Regulations for Certification and Continuing Education for Court Administrators, 89-R-99020-SCT (amending the Rules and Regulations for Certification and Continuing Education of Mississippi Court Administrators)
  • Whiddon v. State, 2022-CT-00616-SCT (denying cert)
  • City of Pascagoula v. Estate of Cumbest, 2022-CT-00745-SCT (denying cert)
  • Doss v. State, 2022-CT-01185-SCT (denying cert)
  • Signaigo v. Grinstead, 2022-CT-01212-SCT (denying cert)
  • Jordan v. State, 2022-DR-01243-SCT (denying motion to stay mandate)
  • Jiles v. State, 2023-CT-00383-SCT (denying cert)
  • Favre v. Mississippi Dept. of Human Services, 2024-IA-00880-SCT (granting petition for expedited interlocutory appeal) (you can read the petition here)
  • Favre v. Mississippi Dept. of Human Services, 2024-SA-00913 (dismissing appeal)

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Mississippi Supreme Court Decisions of December 12, 2024

The Mississippi Supreme Court handed down three opinions today. One ends a chapter in the NCAA-Ole Miss saga, one is an interesting case discussing administrative remedies exhaustion and exclusive remedy immunity under the MWCA, and the other is a direct criminal appeal reversing the Court of Appeals and reinstating a conviction.

NCAA v. Farrar, 2023-IA-00282-SCT (Civil – Torts)
Reversing the trial court’s denial of the NCAA’s motion for summary judgment, holding that there was no evidence in the record to support the plaintiff’s due process and malicious interference with employment claims.
(6-1: Randolph dissented dubitante; Coleman and Maxwell did not participate)

Harris v. Hemphill Construction Company, Inc., 2023-CA-00973-SCT (Civil – Personal Injury)
Affirming the trial court’s decision dismissing a work-related personal injury claim by an employee/officer of a subcontractor against a general contractor, holding that the plaintiff was not required to exhaust his administrative remedies before filing a negligence suit but that the defendant-GC was entitled to exclusive remedy immunity from the plaintiff’s suit because the GC required the subcontractor to carry comp coverage and plaintiff was an officer of the subcontract who rejected workers’ comp coverage for himself.
(9-0)

Practice Point – This is case is worth a deeper dive:

Harris then filed the negligence lawsuit and the Mississippi Supreme Court held that the GC was entitled to exclusive remedy immunity:

The Court concluded:

Quinn v. State, 2022-CT-00962-SCT (Criminal – Felony)
Reversing the Court of Appeals and reinstating the circuit court’s judgment and conviction of sexual battery, holding that the State sufficiently proved venue, that expert DNA testimony was properly admitted, that the indictment was properly amended, that the trial court did not err by not granting a mistrial sua sponte during closing arguments, and that the trial court did nto err by allowing the State to use birth certificates to refresh a witness’s memory.
(7-2: Kitchens dissented, joined by King)

Other Orders

  • Howard v. State, 2022-KA-00430-SCT (denying rehearing)
  • Crawford v. East Mississippi State Hospital, Inc., 2022-CT-00753-SCT (denying cert)
  • Course v. State, 2022-CT-00760-SCT (denying cert)
  • Collins v. Collins, 2022-CT-00903-SCT (denying cert)
  • McLellan v. McLellan, 2022-CT-01006-SCT (denying cert)
  • McKenzie v. McKenzie, 2022-CT-01175-SCT (denying cert)
  • Designer Custom Homes, LLC v. U.S. Coating Specialties & Supplies, LLC, 2023-CT-00207-SCT (denying cert)
  • Deep South Today v. Bryant, 2024-M-00659-SCT (denying petition for interloc)
  • McPhail v. McPhail, 2024-TS-00849 (denying motion for leave to proceed in forma pauperis, dismissing bond-related request without prejudice, and granting request to enlarge the notice of appeal)

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Mississippi Supreme Court Decisions of November 21, 2024

The Mississippi Supreme Court handed down five opinions on November 21, 2024, while I was out. Here are summaries of those decisions – two custody/parental rights cases, two felony appeals, and a certified question answer regarding the interplay between the MTCA and the MWPA.

Bell v. State, 2023-KA-00801-SCT (Criminal – Felony)
Affirming convictions of aggravated assault and possession of a firearm by a felon, holding that after consideration of counsel’s Lindsey brief and the record that there were no issues warranting appellate review.
(9-0)

S.D.P. v. Harrison County Department of Child Protection Services, 2023-CA-00838-SCT (Civil – Domestic Relations)
Affirming the youth court’s judgment terminating parental rights regarding a medically fragile child, holding that the youth court’s decision was based on clear and convincing evidence that the parents were not mentally, morally, or otherwise fit and that reunification was not desirable toward obtaining a satisfactory permanency outcome.
(9-0)

Johnson v. Miller, 2024-FC-00419-SCT (Civil – Federally Certified Question)
Answering a certified question from the Fifth Circuit, holding that the Mississippi Tort Claims Act’s statute of limitations and notice requirements do not apply to the Mississippi Whistleblower Protection Act.
(9-0)

Myers v. State, 2023-KA-01083-SCT (Criminal – Felony)
Affirming convictions of shooting into a dwelling and aggravated assault with a deadly weapon, holding that the trial court did not commit plain error regarding jury instructions because the instruction on the elements of shooting into a dwelling did not constitute an impermissible constructive amendment to the indictment.
(9-0)

In Re the Adoption of J.J.W.B: J.B. v. M.M., 2023-IA-00457-SCT, consolidated with 2023-IA-00458-SCT (Civil – Custody)
Reversing the chancellor’s decision denying a motion to dismiss a grandmother’s motion to set aside an adoption because the motion to set aside was untimely and no jurisdictional issues were present to set aside the adoption, but affirming the chancellor’s decision that the adoption did not extinguish the grandmother’s visitation rights and properly denied the motion to dismiss the grandmother’s contempt action and remanding for further proceedings to determine post-adoption visitation.
(5-4-0: Coleman concurred in part and in the result without writing; King concurred in part and in the result, joined by Randolph and Kitchens, and joined in part by Coleman and Griffis)

Other Orders

  • In Re: Rules of Discipline for the Mississippi Bar, 89-R-99010-SCT (appointing or reappointing Alicia S. Hall, Assistant Dean Mary Largent Purvis, District Attorney Angel Myers McIlrath, Municipal Judge Robert Fant Walker, Robert E. Quimby, and Circuit Judge Michelle Easterling to three-year terms)
  • Bell v. State, 2023-KA-008001-SCT (denying second motion for reappointment of counsel and motion for rebuttal)

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Mississippi Supreme Court Decisions of December 5, 2024

The Mississippi Supreme Court handed down six opinions today covering personal jurisdiction, waiver of defenses, venue, bad faith, death penalty PRC, and direct criminal appeal. There are also orders amending Rule 10 and Rule 12 of the Mississippi Rules of Civil Procedure.

Palmer v. McRae, 2023-CP-01026-SCT (Civil – Other)
Affirming the circuit court’s order enforcing sureties’ liability, holding that the appellant’s arguments on appeal were waived and procedurally barred on appeal because he failed to appear or otherwise defend in the circuit court.
(8-1-0: King concurred in result only without writing)

Mississippi Department of Human Services v. Johnson, 2022-CT-00605-SCT (Civil – Other)
Reversing the chancery court’s and Court of Appeals’ decisions related to a motion to set aside a 2002 paternity order, holding that while the chancery court lacked personal jurisdiction due to insufficient service of process under Rule 81(d), the defendant waived that challenged by stipulating to the validity of the 2002 order in 2003.
(6-3-0: Randolph concurred in part and in result without writing; Griffis concurred in part and in result, joined by Maxwell and joined in part by Randolph)

Boyett v. Cain, 2022-CT-00978-SCT (Civil – Other)
Reversing the circuit court and the Court of Appeals, holding that they erred in finding that the proper venue for a prisoner to challenge an MDOC decision is the county in which the prisoner is located and clarifying that Section 11-11-3 controls and venue is proper in a county in which a defendant resides or in a county where a substantial act or even caused the alleged injury.
(9-0)

United Services Automobile Association v. Estate of Minor, 2023-CA-00049-SCT (Civil – Insurance)
Affirming a jury award of punitive damages in a bad faith claim on direct appeal but reversing the trial court’s denial of a post-trial motion for attorney’s fees, holding (1) that the trial court did not err in submitting the issue of punitive damages to the jury, (2) that the trial court did not err in submitting what he deemed to be a reasonable amount of attorney’s fees (the plaintiffs’ attorneys’ contingency fee), (3) that the $10M punitive damages award was within the Campbell guideline, (4) that trial court did not err in instructing the jury that adjusters were charged with knowledge of all records at all times, in denying the carrier’s request to depose the insured, or in excluding the insured’s bribery convictions, (5) and rendering a judgment awarding attorney’s fees of $4.5M plus post-judgment interest based on a 45% contingency fee on the punitive damages award.
(5-3: Maxwell concurred in part and dissented in part, joined by Chamberlin and joined in part by Griffis; Griffis dissented, joined in part by Maxwell; Coleman did not participate)

Corrothers v. State, 2023-CA-00401-SCT (Civil – Death Penalty – Post Conviction)
Affirming denial of PCR motion, holding that the trial court did not err in finding that the petitioner failed to prove improper juror communication.
(7-2-0: Kitchens and King concurred in result only without writing)

Mitchell v. State, 2023-KA-00859-SCT (Criminal – Felony)
Affirming conviction of second-degree murder, holding that the trial court did not err in instructing the jury and dismissing the ineffective assistance of counsel claims without prejudice.
(8-1-0: Ishee concurred, joined in part by Randolph and Beam)

Other Orders

  • In Re: The Rules of Civil Procedure, 89-R-99001-SCT (amending Rule 10 of the Mississippi Rules of Civil Procedure) (deleting subsection (d) that required a copy of an account or written instrument to be attached to the pleading asserting a claim founded on such)
  • In Re: The Rules of Civil Procedure, 89-R-99001-SCT (amending Rule 12 of the Mississippi Rules of Civil Procedure) (Advisory Committee Historical Notes states that was done to consistently refer to an “answer” to a counterclaim rather than a “reply”)
  • Landrum v. Livingston Holdings, LLC, 2022-CA-00498-SCT (denying rehearing)
  • Clemmons v. State, 2022-CT-00700-SCT (denying cert)
  • Brown v. Black, 2022-CT-00869 (denying cert)
  • Boyett v. Cain, 2022-CT-00978-SCT (denying motion for reconsideration)
  • Johnson v. State, 2023-CA-00117-SCT (denying rehearing)
  • Wells v. State, 2023-KA-00670-SCT (denying rehearing)
  • In Re: Andrew McGraw, 2024-M-00654 (denying application to proceed in the trial court, finding that the application is frivolous, and restricting the petitioner from filing further PCR applications in forma pauperis)

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A Special Thanksgiving Edition of the Mississippi Appeals Blog

Happy Thanksgiving to you and yours from the Mississippi Appeals Blog! To mark the occasion, I did a little research and found a suitable throwback decision from the Mississippi Supreme Court to summarize for you.

Old Ladies Home Ass’n v. Hall, 52 So. 2d 650 (Miss. 1951) (Civil – Contracts)
Affirming the chancellor’s decision overruling special and general demurrers asserted by residual beneficiaries in an action brought by a devisee to enforce a contract between himself and the testatrix wherein the testatrix (an elderly widow at the time) agreed to devise her property to him if he would move his family into her home and provide her with room and board (which he did), holding that the bill of complaint was sufficient and that the statute of limitations began to run when the testatrix died, not when things went south due to the lack of butter at Thanksgiving dinner:

Complainant charged that, in fulfillment of the contract, he and his family lived in Mrs. Douglas’ residence, that he paid taxes on it and repaired it from time to time, and furnished her and her foster daughter with suitable and acceptable board and food, heat and lights and other comforts and necessities, until Thanksgiving Day of November, 1943, at which time Mrs. Douglas became enraged about complainant’s failure to have butter on the table, and ordered complainant and his family to get out of the house. It was averred that Mrs. Douglas at all times kept two loaded pistols and a dagger in her home, and threatened physical violence to complainant’s infant son and that complainant feared for the safety of himself and his family. Complainant told her that he wanted to remain in the home and carry out his part of the contract, as he had previously done, and as he thereafter remained ready, willing and able to do, but Mrs. Douglas drove them from her home and refused complainant’s services.

PRACTICE POINT – As we are not presently in the throes of World War II, there is really no excuse to run out of butter on Thanksgiving.

Mississippi Supreme Court Decisions of November 14, 2024

The Mississippi Supreme Court handed down five opinions today. There is an ESLA case, a restrictive covenants case, two direct criminal appeals with reversals, and a significant defamation case.

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 (Civil – Other)
Affirming the chancellor’s decision validating of trust certificates for a lease/leaseback transaction to fund construction of a school, holding that nunc pro tunc amendment to the June 10, 2021 minutes was lawful, that the Board’s notice satisfied statutory requirements of the ESLA, that the objecter was afforded adequate due process as required by the ESLA, that the Board had authority to create a nonprofit corporation, and that the ESLA is still applicable.
(8-0: Griffis did not participate.)

Smith v. Brockway, 2023-CA-01027-SCT (Civil – Real Property)
Affirming the chancery court’s denial of a petition for injunction and declaratory relief related to restrictive covenants and manufactured housing, holding that the restrictive covenants were unenforceable because they were not signed by the grantor.
(9-0)

Toler v. State, 2023-KA-00712-SCT (Criminal – Felony)
Affirming in part and reversing in part after the defendant was convicted of four counts of aggravated assault, one count of shooting into a motor vehicle, four counts of aggravated assault against officers, and failure to stop a motor vehicle for law enforcement, holding (1) that there was sufficient evidence to support the three challenged convictions of aggravated assault against officers who were shot at but not struck, (2) that the indictment was multiplicitous for charging the defendant with for counts of aggravated assault based on firing one shot at four individuals such that merger applied warranting a remand to vacate, merge, and resentence, and (3) that the trial court did not abuse its discretion excluding evidence of the defendant’s peaceful character.
(9-0)

Fagan v. Faulkner, 2022-CT-00130-SCT (Civil – Torts)
Affirming the Court of Appeals and reversing the judgments of the circuit court and county court in a defamation case, holding that the circuit court and county court erred by denying the defendant’s motion for directed verdict because as atrocious as the vulgarity was, it was non-actionable “name calling” that did not defame the plaintiff’s professional abilities.
(5-4: Randolph dissented, joined by Kitchens, King, and Ishee)

Ratcliff v. State, 2022-CT-00690-SCT (Criminal – Felony)
Reversing the Court of Appeals and the conviction of possession of a stolen firearm, holding that the State failed to present sufficient evidence of the defendant’s guilty knowledge to merit a jury question on that charge.
(8-0: Randolph did not participate)

Other Orders

  • In Re: Advisory Committee on Rules, 89-R-99016-SCT (appointing or reappointing as members of the Advisory Committee on Rules: Hon. Latrice A. Westbrooks, Hon. Carter Bise, Hon. W. Ashley Hines, Hon. Carol Jones Russell, William M. Gage, Esq., Justin T. Cook, Esq., Graham P. Carner, Esq., and Nicholas K. Thompson, Esq.)
  • Estate of Green v. Michini, 2022-CT-00365-SCT (denying cert)
  • Chatman v. State, 2023-KA-00583-SCT (denying rehearing)
  • 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 (granting motion for leave to file a corrected reply brief)

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Mississippi Court of Appeals Decisions of November 5, 2024 and Mississippi Supreme Court Decisions of November 7, 2024

In what was certainly the biggest new story from Tuesday, the Mississippi Court of Appeals handed down five opinions. Today, the Mississippi Supreme Court handed down one opinion and one order amending the Mississippi Rules of Civil Procedure. You can read about all below.

Mississippi Court of Appeals – November 5, 2024

Patton v. State, 2023-CP-00618-COA (Civil – PCR)
Affirming summary dismissal of PCR motion, holding that the motion was successive and untimely with no available exceptions and that the motion was meritless.
(9-0: Smith did not participate)

Slade v. City of Lumberton, 2023-CA-00830-COA (Civil – Personal Injury)
Affirming summary judgment in a MTCA personal injury case stemming from a police pursuit, holding that the trial court did not err in finding no reckless disregard based on the undisputed facts and that the trial court did not err in denying the motion to recuse based on the judge’s prior representation of the City.
(6-3: McDonald dissented, joined by Westbrooks and McCarty; Weddle did not participate)

McDill v. Scott County School District, 2023-CA-00956-COA (Civil – Personal Injury)
Reversing summary judgment in an MTCA case stemming from a student’s weightlifting injury at school, holding that the school district was not entitled to discretionary-function immunity.
(10-0)

The University of Mississippi Medical Center v. Redd, 2023-CA-00711-COA (Civil – Med Mal)
Affirming a bench trial verdict of $500,000 in a med mal case, holding that there was substantial evidence to support the trial court’s findings that the doctor breached the standard of care by not ordering lab work or further testing which, in turn, would have revealed the infection and prevented the amputation, and holding that the trial court did not abuse its discretion in admitting testimony of an orthopedic surgeon who primarily practiced in a different subspecialty than the treating doctor.
(8-1-0: Wilson concurred in part and in the result without writing; Weddle did not participate)

Morgan v. Riverboat Corporation of Mississippi, 2023-CA-00379-COA (Civil – Personal Injury)
Affirming summary judgment in a personal injury case where the plaintiff was struck by poolside cushions blowing in the wind while she was closing out her tab at the swim-up bar, holding that the trial court did not err in finding that they cushions were not an unreasonably dangerous condition and that there was no evidence of negligence on the part of the defendant.
(7-3: Westbrooks dissented, joined by McDonald and Lawrence)

Other Orders

  • Sinquefield v. The City of Ridgeland, 2022-CA-01276-COA (denying rehearing)
  • In Re Estate of Warren: Warren v. Maharrey, 2023-CA-00438-COA (denying rehearing)

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Mississippi Supreme Court – November 7, 2024

Childress v. State, 2023-KA-01323-SCT (Criminal – Felony)
Affirming conviction of first-degree murder, holding that the verdict was supported by sufficient evidence and was not against the overwhelming weight of it.
(9-0)

Other Orders

  • In Re: The Rules of Civil Procedure, 89-R-99001-SCT (amending M.R.C.P. 62 – the order states that the amendment is effective 30 days after the date of the order which was entered on October 31, 2024)

Here are the amendments to Rule 62 (subsections (c) through (h) were not altered):

  • Mississippi State University v. Zhang, 2024-M-00344-SCT (denying rehearing)
  • Hertz Jackson Three, LLC v. Sanders, 2024-M-00497-SCT (denying interloc)
  • Mississippi Baptist Medical Center, Inc. v. Butler, 2024-M-00930-SCT (denying interloc)

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Mississippi Supreme Court Decisions of October 24 and October 31, 2024

The Mississippi Supreme Court handed down one opinion last week and none this week. However, there was an order entered today amending M.R.C.P. 46. That amendment will be effective November 21, 2024.

October 24, 2024

McGee v. McGee, 2023-CA-00695-SCT (Civil – Domestic Relations)
Affirming the chancellor’s judgment regarding division of marital property and award of joint legal custody in a divorce action, holding that the chancellor did not err in classifying, valuing, and dividing the assets or in conducting its Albright analysis.
(9-0)

October 31, 2024

No opinions

Other Orders – October 24, 2024

  • In Re: The Rules of Civil Procedure, 89-R-99001-SCT (dismissing Motion to Amend M.R.C.P. 6 and 56 filed by the Supreme Court Advisory Committee on Rules)
  • In Re: Uniform Rules of Youth Court Practice, 89-R-99033-SCT (dismissing Petition to Amend the Mississippi Uniform Rules of Youth Court Practice filed by the Mississippi Council of Youth Court Judges (Motion No. 2021-1461) without prejudice)
  • Suarez v. State, 2023-CT-00526-SCT (denying cert)
  • In Re: Administrative Orders of the Supreme Court of Mississippi, 2024-AD-00001-SCT (ordering the disbursement of $166,981.17 in civil legal assistance funds among the MS Center for Legal Services, MS Volunteer Lawyers Project, and North MS Rural Legal Services

Other Orders – October 31, 2024

  • In Re: The Rules of Civil Procedure, 89-R-99001-SCT (granting in part Motion to Amend M.R.C.P. 46 filed by the Supreme Court Advisory Committee on Rules)

    Here is the amended text of Rule 46 that will be effective November 21, 2024:
  • Taylor v. Johnson, 2022-CT-00734-SCT (denying cert)
  • The Avion Group, Inc. v. The City of Oxford, Mississippi, 2023-CT-00169-SCT (denying cert)

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Mississippi Supreme Court Decisions of October 17, 2024

The Mississippi Supreme Court handed down four opinions today. There is a petition for back pay from reinstated utility commissioners, a reversal of a personal injury verdict in Madison County because the trial court abused its discretion admitting expert testimony, an appeal of the denial of a motion for remittitur/new trial after plaintiff’s verdict in a contract case, and a direct appeal of a drug possession conviction.

Slaughter v. City of Canton, 2023-CA-01102-SCT Civil – Other)
Affirming the circuit court’s denial of a petition of former commissioners of the Canton Municipal Utilities Commission seeking back pay, holding that the circuit court lacked jurisdiction after the case became final upon issuance of the mandate affirming the circuit court’s prior reinstatement of the commissioners.
(9-0)

Scarborough v. Logan, 2022-CA-00965-SCT consolidated with 2023-CA-00720-SCT (Civil – Personal Injury)
Reversing on cross-appeal a plaintiff’s verdict in a personal injury case, holding that the trial court abuse its discretion by allowing expert testimony from a witness who was never qualified or tendered as an expert witness and dismissing the direct appeal issues as moot.
(9-0)

Stribling Equipment, LLC v. Eason Propane, LLC, 2023-CA-00862-SCT (Civil – Contract)
Affirming the trial court’s decision denying a new damages trial and/or remittitur, holding that the amount of damages was high but not shocking and was supported by the evidence.
(9-0)

Vivian v. State, 2023-KA-00338-SCT (Criminal – Felony)
Affirming conviction of felony possession of meth and misdemeanor possession of marijuana, holding that there were no errors wanting reversal based on counsel’s Lindsey brief and the record.
(9-0)

Other Orders

  • Roley v. Roley, 2022-CT-01104-SCT (dismissing petition for cert)
  • Nettles v. Nettles, 2023-CT-00041-SCT (granting cert)

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