The Mississippi Supreme Court handed down two opinions today. One is a personal injury case tried to verdict with an appeal based on a motion in limine ruling and the other is an appeal of the denial of a motion to compel arbitration.
In other news, the Court heard arguments in Phil Bryant’s defamation lawsuit against Mississippi Today yesterday. If you are interested in the oral argument, you can watch it at this link.
Greer v. Key, 2024-CA-01393-SCT (Civil – Personal Injury) Affirming the trial court’s decision to grant the defendant’s motion in limine in an auto liability case prohibiting the plaintiff from asking questions or making reference to the defendant’s knowledge or the rules or the road or personal sense of safety (i.e. “reptile theory” questions), holding that the trial court’s evidentiary ruling was not an abuse of discretion and that the plaintiff waived her argument that the verdict against the overwhelming weight of the evidence by not filing a motion for new trial. (7-0: Branning for the Court)
Manhattan Nursing and Rehabilitation Center, LLC v. Hawkins, 2024-CA-00488-SCT (Civil – Contract) Affirming the trial court’s decision denying a motion to compel arbitration, holding that the wife did not have authority to enter the arbitration agreement because admission to the facility was not contingent on the execution of the arbitration agreement. (4-3: Sullivan for the Court; Griffis dissented, joined by Coleman and Branning)
Note – It is mathematically possible that the two vacancies on the court affected the outcome of this case. The dissent was based on three justices’ willingness to overrule Mississippi Care Center of Greenville, LLC v. Hinyub, 975 So. 2d 211, 218 (Miss. 2008).
Other Orders
Allen & Smith Insurance Agency, Inc. v. Merrill, 2023-CT-00468-SCT (granting cert)
State v. Mitchell, 2023-CT-00771-SCT (granting cert)
Varnado v. State, 2024-CT-00338-SCT (denying cert)
Cole v. Fish, 2024-CT-00508-SCT (denying cert)
Woodberry v. The Mississippi Bar, 2025-BR-00590-SCT (granting reinstatement to the bar)
Cage v. State, 2025-M-00828 (denying pro se motion for leave to file post-conviction relief, finding it frivolous, and restricting the petitioner from filing further applications in forma pauperis)
The Mississippi Court of Appeals handed down eight opinions today with four civil appeals and four criminal appeals. The four civil cases include a slip-and-fall summary judgment, an MTCA police-pursuit case, and the reversal of summary judgment in a med mal case.
White v. State, 2024-KA-00658-COA (Criminal – Felony) Affirming in part and reversing in part the circuit court’s judgment of conviction of four counts of aggravated DUI and one court of fourth-offense DUI, holding that the statute of limitations had run on the fourth-offense DUI charge, that there was no error with the prosecution for aggravated DUI based on statute of limitations or double-jeopardy grounds, and that the defendant showed no prejudice as a result of the alleged prosecutorial misconduct. (7-3: Lassitter St. Pe’ for the Court; McDonald concurred in part and in the result without writing; Westbrooks concurred in part and dissented in part without writing; Wilson concurred in part and dissented in part, joined by Westbrooks and McDonald)
Crowley v. State, 2024-KA-00589-COA (Criminal – Felony) Affirming conviction of one count of conspiracy, one count of burglary of a dwelling, and one count of grand larceny and the sentence as a non-violent habitual offender, holding that sentence was supported by sufficient evidence and that Erlinger did not apply. (10-0: Weddle for the Court)
Norman v. State, 2024-CP-01107-COA (Civil – PCR) Affirming the circuit court’s denial of a PCR motion, holding that the circuit court did not err in finding it successive and containing substantive flaws that rendered relief improper. (7-2-1: Lawrence for the Court; McDonald concurred in part and in the result without writing; Wilson concurred in result only without writing; McCarty dissented, joined in party by McDonald)
Moore v. State, 2024-KA-00507-COA (Criminal – Felony) Affirming conviction of trafficking heroin, possession of meth, and possession of PCP, holding that the evidence was sufficient on all three counts. (10-0: Wilson for the Court)
Long v. Jones County, 2024-CA-00521-COA (Civil – Personal Injury) Affirming summary judgment in favor of the defendant in a slip-and-fall case, holding that the trial court did not err in finding that there was insufficient evidence to prove that the sidewalk in question constituted a dangerous condition. (10-0: Wilson for the Court)
Hayes v. Magee Benevolent Foundation, 2024-CA-00910-COA (Civil – Wrongful Death) Reversing the circuit court’s grant of summary judgment dismissing a med mal case based on a finding that the plaintiff could not establish causation under the “loss-of-chance doctrine,” holding that there was a genuine issue of material fact existed where the plaintiff provided expert testimony that the decedent died of a heart attack, that the hospital breached the standard of care by accepting the decedent’s self-diagnosis of a panic attack, and that but for that breach the decedent would have had a greater than 50% chance of survival. (10-0: Wilson for the Court)
Anderson v. State, 2024-KA-00935-COA (Criminal – Felony) Affirming conviction of being a felon in possession of a firearm, holding that the conviction was supported by sufficient evidence and that the verdict was not against the overwhelming weight of the evidence. (10-0: Carlton for the Court)
Luckett v. Leake County, 2024-CA-00269-COA (Civil – Personal Injury) Affirming the circuit court’s judgment after bench trial under the MTCA where the plaintiff was injured by a collision with a deputy who was involved in a high-speed pursuit, holding that the trial court did not err in apportioning 55% of the fault to the fleeing suspect. (6-3-1: Barnes for the Court; Wilson, McCarty, and Emfinger concurred in part and in the result without writing; McDonald concurred in part and dissented in part without writing)
Other Orders
Cunningham v. State, 2023-KA-01213-COA (denying rehearing)
Saddler v. State, 2024-CP-00099-COA (denying rehearing)
Hall v. Mitchell, 2024-CA-00667-COA (denying rehearing)
Hodge v. Hodge, 2024-CA-00745-COA (denying rehearing)
UMMC v. Giddens, 2024-CA-00842-COA (denying rehearing)
The Mississippi Court of Appeals handed down ten opinions yesterday. There is subject-matter variety, including a decision in the controversial case of the educator who was terminated for reading a certain book to second graders.
Daengbunga v. State, 2024-KA-01122-COA (Criminal – Felony) Affirming convictions of murder and tampering with evidence, holding that the trial court did not err in finding no Miranda violation and denying a motion to suppress statements and that the trial court did not abuse its discretion admitting evidence of prior bad acts. (9-1-0: Lassitter St. Pe’ for the Court; Westbrooks concurred in part and in the result without writing)
Wright v. Brisco, 2025-CP-00258-COA (Civil – Contract) Affirming the chancery court’s decision where the appellant filed a brief with no citations to the record or case law except for two cases that were referenced by name only with no reporter citation and the appellee did not file a brief. (10-0: Lassitter St. Pe’ for the Court)
Note – This is the Court’s conclusion:
Wilson v. P.L. Marketing, Inc., 2025-WC-00158-COA (Civil – Workers’ Comp) Affirming the Commission’s order affirming an order denying a motion to reopen that was filed more than a year after the claim was dismissed for the claimant’s failure to appear at a hearing on the merits. (10-0: McCarty for the Court)
Price v. Hinds County School District, 2024-CA-00841-COA (Civil – States, Boards & Agencies) Reversing the chancery court’s decision that had affirmed the School Board’s decision to terminate an assistant principal, holding that the decision to terminate the assistant principal for reading “I Need a New Butt!” to a second-grade class. (9-1-0: Lawrence for the Court; Emfinger concurred in result only without writing)
Williams v. Williams, 2024-CA-00718-COA (Civil – Domestic Relations) Affirming in part and reversing in part a chancellor’s judgment of divorce and contempt, holding that the ex-husband waived the issue of denying a motion to amend to add a ground after previously voluntarily-dismissing that ground, that the chancellor erred in classifying marital asserts and debt, that the chancellor erred in only awarding half a mortgage arrearage on a finding of contempt, that the chancellor erred in not awarding the full deficiency on a vehicle, and that the chancellor did not err in finding that the sale of the parties’ boat did not violate a court order or dissipate a marital asset. (7-3-0: McDonald for the Court; Wilson and Emfinger concurred in part and in the result without writing; Weddle concurred in the result only without writing)
Dodson v. State, 2024-KA-00424-COA (Criminal – Felony) Affirming conviction of attempted murder and conspiracy to commit auto theft, holding that the trial court did not err by refusing to give a jury instruction on aggravate assault as a lesser-included offense of attempted murder. (10-0: Wilson for the Court)
City of Clinton v. Johnston, 2023-CA-01105-COA (Civil – PCR) Dismissing the City’s appeal of the circuit court’s decision granting a motion for PCR, holding that the City lacked standing where it was not a party to the proceedings below and failed to intervene. (10-0: Carlton for the Court)’
Brown v. Mississippi Real Estate Commission, 2024-CC-01207-COA (Civil – State Boards & Agencies) Affirming the Commission’s decision to not renew a real estate license, holding that the decision based on untruthful and fraudulent representations to the Commission and felony conviction was supported by substantial evidence and was not arbitrary or capricious. (8-2-0: Carlton for the Court; Wilson and McDonald concurred in part and in the result without writing)
Jones v. State, 2024-KA-01426-COA (Criminal – Felony) Affirming conviction of possession of a firearm by a felon, holding that based on counsel’s Lindsey brief, the defendant’s pro se brief, and the Court’s review of the record that there was no error. (10-0: Carlton for the Court)
Banks v. State, 2024-KA-00881-COA (Criminal – Felony) Affirming conviction of manslaughter with a firearm enhancement, holding that the verdict was not against the overwhelming weight of the evidence. (6-1-3: McCarty for the Court; Wilson concurred in part and in the result without writing; McDonald dissented without writing; Westbrooks dissented, joined by McDonald and joined in part by Carlton)
Other Orders
Goodloe v. State, 2023-KA-00960-COA (denying rehearing)
Lovelace v. Board of Trustees, 2023-CA-01341-COA (denying rehearing)
Cameron v. Miller, 2023-CA-01388-COA (denying rehearing)
The Mississippi Court of Appeals handed down five opinions today, all civil cases. There is a divorce case, a grandparent visitation case, a wrongful death summary judgment case, a workers’ comp case, and the obligatory PCR case.
Brownlee v. Brownlee, 2023-CA-01044-COA (Civil – Domestic Relations) Affirming grant of divorce on the ground of habitual cruel and inhuman treatment, holding that divorce on this ground does not have to be supported by corroborating evidence. (10-0)
McDonald v. Pruwitt, 2023-CA-01312-COA (Civil – Custody) Affirming in part and reversing in part the chancellor’s grant of grandparent visitation, holding that the chancellor did not err in finding that the grandmother proved the statutory elements but that the chancellor erred in failing to analyze the Martin factors. (10-0)
Fisher v. All About Painting and Cleaning, Inc., 2023-CA-01289-COA (Civil – Wrongful Death) Affirming summary judgment in favor of the employer of a man who ingested kratom and oxycodone laced with fentanyl on an unpaid lunch break and then struck four airmen with his vehicle on a walking path killing one and injuring three others, holding that the employer was not vicariously liable because the employee was not in the course and scope of employment or performing any act in furtherance of his employment at the time of the collision. (10-0)
Thomas v. Nissan North America, Inc., 2024-WC-00553-COA (Civil – Workers’ Comp) Affirming the MWCC’s decision that the claimant did not sustain an industrial loss of use that was greater than his 5% medical impairment, holding that the Commission’s decision was based on substantial evidence where the claimant was able to continue his pre-injury job with some modified duties. (7-3-0: Westbrooks, McDonald, and Mccarty concurred in the result and conclusion without writing)
Nelson v. State, 2023-CP-00647-COA (Civil – PCR) Affirming denial of PCR motion after a hearing, holding that the trial court did not err in finding no merit to arguments about the sufficiency of the indictment, sufficiency of the evidence, and ineffective assistance of counsel. (10-0)
Other Orders
Wilson v. State, 2023-CP-01050-COA (rehearing denied)
Baker v. State, 2023-KA-01111-COA (denying rehearing)
Walker v. State, 2025-TS-00079-COA (dismissing appeal as untimely)
Fortune v. State, 2025-TS-00392-COA (granting motion for leave to proceed with untimely direct appeal)
The Mississippi Supreme Court handed down three opinions between last week and this week. One of today’s cases reversed the 12(b)(6) dismissal of a third-party-assault premises case in the face of the Landowners Protection Act that just might end up stirring the premises liability pot.There is also an interesting champerty decision answering a certified question from the Fifth Circuit.
May 15, 2025
Crabtree v. Allstate Property and Casualty Insurance Company, 2024-FC-00827-SCT (Civil – Federally Certified Question) Answering a certified quest from the Fifth Circuit, holding that Miss. Code Ann. § 97-9-11 (Rev. 2020) prohibits a disinterested third party engaged by a bankruptcy creditor from purchasing a cause of action from a debtor’s estate. (5-4)
Other Orders
In Re: The Rules of Civil Procedure, 89-R-99001-SCT (granting rules committee’s motion to withdraw motion to amend Rule 7)
Chamberlin v. State, 2022-DR-00546-SCT (denying successor petition for PCR)
Short v. The Break Land Company, LLC, 2022-CT-01180-SCT (denying cert)
Carr v. State, 2023-DR-00503-SCT (directing Anthony Carr to notify the Court within 30 days of the federal district court’s ruling on the State’s motion; and that, until the federal district court rules on the motion to lift stay, Carr is directed to submit every 90 days from the entry of this order a status report on the posture of the federal case)
In the Matter of the Estate of Tatum: Haynie v. Estate of Tatum, 2023-CA-01366-SCT (Civil – Wills, Trusts & Estates) Dismissing appeal as moot, holding that a decision on the chancery court’s rulings involving the public sale of a one-half interest in a land and cattle company would be of no practical benefit to the appellant because the United States will receive any additional funds over and above what the appellant has already received. (9-0)
Doby v. South Park Village Apartments, 2023-CA-01094-SCT (Civil – Personal Injury) Affirming in part and reversing in part the Rule 12(b)(6) dismissal of a personal injury, holding that under the state’s notice pleading standard the complaint sufficiently pleaded a negligence claim against an apartment complex after one of the plaintiffs was shot on the premises, but affirming dismissal as to the other plaintiff because the complaint contained no allegations as to him. (9-0)
Practice Point – This is an fascinating result in an area of premises liability seems to have been gutted by the Landowners Protection Act that became law in 2019:
Other Orders
Harris v. State, 2023-CT-00460-SCT (denying cert)
Dollar General Corporation v. Dobbs, 2023-IA-00617-SCT (denying rehearing)
Lenoir v. State, 2023-IA-01181-SCT (denying rehearing)
Doukas v. Kiln Self Storage, 2023-CT-01195-SCT (denying cert)
The Mississippi Court of Appeals handed down nine opinions yesterday. There is just one criminal case and the rest are civil cases that run the gamut of practice areas from the statute of frauds to a hunting club dispute.
Smith v. Estate of Watson, 2023-CA-00761-COA (Civil – Wills, Trusts & Estates) Reversing the chancellor’s judgment ordering the payment of creditor’s claims, disbursement of remaining assets, and closing the estate, holding that the chancellor failed to follow the statutory procedure for administering the insolvent estate. (8-0: Lawrence did not participate)
Lowe v. Wall Doxey State Park, 2023-CA-00828-COA (Civil – Personal Injury) Affirming dismissal of an MTCA personal injury case, holding that the trial court properly found that the State was not properly served with presuit notice because Plaintiff did not sent notice to the correct state entity. (9-0)
Stallworth v. Mississippi Department of Employment Security, 2022-CC-01300-COA (Civil – State Boards & Agencies) Affirming MDES Board of Review’s decision finding that the claimant was disqualified from receiving unemployment benefits, holding that the Board’s decision was substantial evidence and was neither arbitrary nor capricious where evidence showed that the claimant voluntarily left work without good cause. (7-2-0: Westbrooks and McDonald concurred in result only without writing)
Mazie v. Boozier-Mazie, 2023-CA-00470-COA (Civil – Domestic Relations) Affirming order granting a motion to enforce a judgment of divorce and finding the ex-husband in contempt and denying a new trial, holding that the chancellor acted within her discretion to find the ex-husband in contempt for not complying with the court’s judgment. (8-0: Westbrooks did not participate)
Walker v. Hasty, 2023-CA-00675-COA (Civil – Custody) Affirming the chancery court’s judgment modifying visitation and increasing child support obligation, holding that arguments that the trial was unfair were waived and without merit, that modifying visitation was not a change in custody, that there was substantial evidence to support the chancery court’s findings, and that the court did not prohibit one party from making a proffer and that party failed to make a proffer. (8-0: Westbrooks did not participate)
Howard v. Nelson, 2023-CA-00947-COA (Civil – Contract) Affirming dismissal of a case seeking specific performance enforcing an oral contract to sell land, holding that the statute of frauds applied. (9-0)
Gandy v. State, 2023-KA-01017-COA (Criminal – Felony) Affirming conviction of two counts of sexual battery and two counts of gratification of lust, holding that the verdict was not against the overwhelming weight of the evidence. (9-0)
Short v. The Break Land Company, LLC, 2022-CA-01180-COA (Civil – Torts) Affirming judgment on the pleadings in a dispute between landowners and an LLC that owned adjacent property for a hunting club of which the landowners were members that arose from the landowners wanting to shoot deer that were damaging their crops and the hunting club’s apparent retaliatory rule adoption and ultimate revocation of the landowner’s membership, holding that the landowners failed to state a claim for any causes of action, that the operating agreement barred the landowners’ claims, and that the trial court did not err not allowing the landowners to amend their complaint where they made no request of the trial court. (8-0: Lawrence did not participate)
Long v. State, 2023-KA-00351-COA (Criminal – Felony) Affirming conviction of possession of a controlled substance with intent to distribute, holding that the claim trial counsel committed a Batson violation was procedurally barred and without merit, that the trial court did not err in denying the motion for directed verdict, and that the spoliation argument that the State lost photographs of the crime scene was procedurally barred and without merit, and declined to address Plaintiff’s ineffective-assistance-of-counsel claim on direct appeal. (7-2: Wilson and Emfinger concurred in part and in the result without writing)
Other Orders
Clemmons v. State, 2022-CA-00700-COA (denying rehearing)
Designer Custom Homes, LLC v. U.S. Coating Specialties & Supplies, LLC, 2023-CA-00207 (denying rehearing)
The Mississippi Supreme Court handed down three opinions today. There is a breach of contract case, a direct criminal appeal, and a utility rate case.
ACE American Insurance Company v. Hetsco, Inc., 2023-CA-00127-SCT (Civil – Contract) Reversing summary judgment in a negligence action stemming from an explosion at a plant where the defendant argued that the suit was barred by a contract, holding that there was a genuine issue of material fact as to whether the person who signed the agreement had apparent authority to bind the former plant owner to the agreement and whether the former plant owner had ratified the agreement, and that the contractually shortened statute of limitations provisions was not enforceable. (9-0)
Howard v. State, 2022-KA-00430-SCT (Criminal – Felony) Affirming convictions of possession of cocaine with intent to sell and conspiracy to possess cocaine with intent to sell, holding that evidence was sufficient to support both convictions, that there was no Confrontation Clause violation when the trial court limited cross-examination, that acquittal on prior charges did not create a double jeopardy violation, that it was not plain error to allow testimony that a co-conspirator pleaded guilty, that there was no prosecutorial misconduct, that trial counsel was not ineffective for not seeking to remove a sleeping juror, that the verdict was not against the overwhelming weight of the evidence, and that no error mean that the cumulative-error doctrine did not apply. (9-0)
Rankin County, Mississippi v. Mississippi Public Service Commission, 2022-UR-00803-SCT (Civil – Utility Rate) Affirming the Commission’s order authorizing a rate increase for Entergy, holding that the County did not show that the Commission’s formula rate plan regulatory scheme resulted in unfair or unjust rates and that the Commission’s order was supported by substantial evidence and was not arbitrary or capricious. (9-0)
Other Orders
White v. White, 2022-CT-00823-SCT (denying cert)
Tepikian v. The Mississippi Bar, 2024-BD-00588-SCT (granting leave to resign in good standing)
The Mississippi Supreme Court served up some orders, but no opinions this week.
Other Orders
Morton v. State, 2018-M-00541 (denying Application for Leave to Proceed in the Trial Court, finding the filing frivolous, and warning that future frivolous filings could result in sanctions)
Parks v. State, 2018-M-00739 (denying Application for Leave to Proceed in the Trial Court, finding the filing frivolous, and warning that future frivolous filings could result in sanctions)
Litton v. Litton, 2022-CT-00712-SCT (denying cert)
Bumpous v. Tishomingo County School District, 2022-CT-01010-SCT (denying cert)
Gibson v. McNatt, 2023-CA-00007-SCT (denying cert)
Smith v. The Mississippi Bar, 2023-BD-01321-SCT (granting leave to resign from the practice of law in good standing)
The Mississippi Supreme Court handed down one opinion today. It is a civil statute-of-limitations case that split the Court 6-3 on whether a subrogation claim accrued on the date a fire started or the date it was extinguished and the cause could be assessed.
Western World Ins. Group v. KC Welding, LLC, 2022-CA-00527-SCT (Civil – Contract) Affirming the circuit court’s decision granting a motion to dismiss a subrogation claim on statute of limitations grounds, holding that where a fire at an industrial woodchip manufacturer started on July 12 after welding was done to repair the door of a box containing woodchips, and was extinguished five to six hours later on July 13, the cause of action accrued on July 12 because the fire was not a latent injury . (6-3: Kitchens dissented, joined by King and Griffis)
Other Orders
In Re: Rules Governing Admission to The Mississippi Bar, 89-R-99012-SCT (reappointing Anthony R. Simon, Kristopher A. Powell, and Joseph D. Neyman, Jr. to three-year terms (11/1/23 through 10/31/26) as members of the Mississippi Board of Bar Admissions)
In Re: Judicial Election Oversight Committee,2021-M-01306-SCT (reappointing Hon. Edward E. Patten, Jr., Paul P. Blake, and Thomas A. Wicker as members of the Judicial Election Oversight Committee for new four-year terms)
Hope v. State, 2022-CT-00031-SCT (denying cert)
Arlington Properties, Inc. v. Rudd, 2023-M-00382-SCT (denying petition for interlocutory appeal)
I was out of town last Tuesday, so I am circling back to last week’s decisions from the Mississippi Court of Appeals. The Court handed down three opinions on Tuesday. Two are direct criminal appeals and the other one is a child custody case.
Goode v. State, 2021-KA-01310-COA (Criminal – Felony) Affirming conviction of murder and denial of post trial motions, holding that the trial court did not err in admitting photographs of the victim and his injuries or in denying the motion for directed verdict where there was testimony from three eyewitnesses and a medical examiner, that the verdict was not against the overwhelming weight of the evidence, and that the trial court did not err in refusing five of the defendant’s proposed jury instructions. (8-2-0: Wilson and Emfinger concurred in part and in the result sub silentio)
NOTE – The first refused instructions was a peremptory instruction. The second was a definition of “reasonable doubt.” The third was a lesser-included instruction of heat-of-passion manslaughter which the trial court deemed forfeited when the defendant took the stand and denied shooting the victim. The fourth and fifth refused instructions were on eyewitness identifications which were properly refused because there were multiple eyewitnesses.
Urban v. Urban, 2022-CP-00195-COA (Civil – Custody) Affirming judgment denying petition for modification of custody leaving the mother with full legal and physical custody, holding that the father received sufficient service for the Rule 59(e) motion which did not require a Rule 81 summons, that the chancellor did not err in finding that the mother showed a need to correct a clear legal error which the chancellor properly did, that claims of fraud by the mother and bias of the chancellor were procedurally barred, that there was no basis for the father’s claim that the chancellor admitted hearsay, that the equitable estoppel argument was procedurally barred, and that the issue of whether the chancellor should have adopted the GAL’s recommendations could not be addressed because the GAL report was not in the record on appeal. (9-1: Barnes concurred in the result only sub silentio)
Kilcrease v. City of Tupelo, 2022-KM-00194-COA (Criminal – Misdemeanor) Affirming the dismissal of an appeal from municipal court for lack of jurisdiction, holding that it lacked jurisdiction where the appellant failed to timely file an appearance bond to perfect her appeal to the county court. (5-5: McDonald dissented, joined by Carlton, Greenlee, Westbrooks, and McCarty)
NOTE – The dissent first took issue with questions about whether the municipal court violated statutory and constitutional rights:
The dissent’s discussion of the timeliness of the appeal was interesting:
Other Orders
In the Matter of the Last Will and Testament of Mamie Elizabeth Pearson Bray, 2022-CA-00011-COA (denying rehearing)
Parker v. Canton Manor, 2022-WC-00206-COA (denying rehearing)
Applewhite v. State, 2022-KA-00290-COA (denying rehearing)