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 Court of Appeals handed down five opinions on Tuesday. There is something for everybody with a workers’ comp case, an unemployment case, a direct criminal appeal, a premises liability case, and a PCR case.
King v. State, 2023-CA-00770-COA (Civil – PCR) Reversing the circuit court’s dismissal of the claimant’s motion for PCR wherein he claimed the circuit court improperly revoked probation and participation in drug court and imposed his original suspended sentence, holding that the claimant was statutorily barred from participating in drug court because he was charged with and pleaded guilty to a crime of violence, and since his probation was revoked only twice for violations of drug court conditions, the circuit court lacked authority to impose the full sentence, and remanding with instructions to reinstate the probation. (5-2-3: Wilson concurred in part and in the result without writing; Emfinger concurred in result only without writing; Lawrence dissented, joined by Weddle and St. Pe’, joined in part by Emfinger)
Porter v. State, 2023-KA-00809-COA (Criminal – Felony) Affirming conviction of capital murder, holding that the trial court did not err in denying a motion to suppress the defendant’s (who was 17 at the time) statements to police, that the defendant had no viable Sixth Amendment claim based on the size and composition of the jury venire without proof that minorities were intentionally or systematically excluded because of their race, that the trial court did not abuse its discretion in limiting the defendant’s attorney’s opening statement, that the trial court did not err in limiting the defendant’s questioning of a witness for impeachment purposes, that the trial court did not err by excluding two character witnesses, that the trial court did not err by refusing the defendant’s lesser-included offense instruction of manslaughter because they had no foundation in the evidence and because a reasonable jury could find the defendant guilty of capital murder, that the trial court did not err by not granting a mistrial for the State’s remarks during closing, and that the trial court did not err by not granting a mistrial when the jury sent out its first note because the defendant did not obtain a ruling and because the assignment was meritless, and that the cumulative error doctrine did not apply. (8-2-0: Wilson and Westbrooks concurred in result only without separate written opinion)
Animal Rescue Fund of Mississippi v. Mississippi Department of Employment Security, 2024-CC-00152-COA (Civil – State Boards & Agencies) Affirming an award of unemployment benefits after MDES initially determined that the claimant voluntarily left his employment, holding that the Board of Review’s decision was supported by substantial evidence so the circuit court did not abuse its discretion in affirming it. (9-1-0: Wilson concurred in part and in the result without writing)
Harris v. Casino Vicksburg, LLC, 2023-CA-00959-COA (Civil – Personal Injury) Affirming summary judgment in favor of a casino in a premises liability case arising from a chair that slipped out from under the plaintiff, holding that the plaintiff failed to show the existence of a dangerous condition. (7-3: Westbrooks dissented, joined by Carlton and McDonald)
Caffey v. Forrest Health, 2023-WC-01232-COA (Civil – Workers’ Comp) Affirming the MWCC’s decision reversing the AJ’s finding that the claimant sustained a 50% loss of wage-earning capacity, holding that the though the MWCC erred in its Jordan analysis on whether employment was offered post-MMI the claimant nonetheless did not make a prima facie case under Jordan because he never reported back to work after MMI or under Thompson because there was no evidence the claimant independently searched for employment. (8-1-1: Wilson concurred in part and in the result without writing; McDonald concurred in part and dissented in part without writing)
Other Orders
Ellzey v. State, 2022-KA-00797-COA (denying rehearing)
Allred v. Tishomingo County, Mississippi, 2023-CA-00569-COA (denying rehearing)
Old Hattiesburg High, L.P. v. Harris Construction Services, LLC, 2023-CA-00579-COA (denying rehearing)
Sullivant v. Freeland, 2023-CP-01393-COA (granting appelles’ motion for monetary sanctions)
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 Court of Appeals handed down four opinions today. Two criminal appeal (one with a reversal), a sales tax liability case, and a 12(b)(6) dismissal of a tort suit against an attorney for filing a motion to quash a post-trial deposition subpoena on behalf of a client.
McCoy V. Graham, 2024-CA-00286-COA (Civil – State Boards & Agencies) Affirming summary judgment in favor of the DOR assessment of tax liabilities for failure to pay sales tax, holding that the evidence showed that the DOR filed its responsible person assessment within thirty-six months from the date the tax liability became final. (10-0)
Sullivant v. Freeland, 2023-CP-01393-COA (Civil – Other) Affirming order granting motion to dismiss complaint and denying the motion to amend the complaint, holding that the plaintiff’s tort suit against an attorney who moved to quash the plaintiff’s post-trial deposition on behalf of a client in another case failed to state a claim under Rule 12(b)(6) and that any amendment would be futile. (10-0)
Harper v. State, 2022-KA-00758-COA (Criminal – Felony) Affirming in part and reversing in part after convictions of three counts of culpable negligence manslaughter and one count of felony fleeing, holding that the prosecution for the offense of felony fleeing was not commenced within two years of the date of the offense and was therefore barred by the statute of limitations, and remanding for resentencing on the three counts of culpable negligence manslaughter. (7-3: Westbrooks dissented, joined by McDonald, and Lawrence)
Jordan v. State, 2023-KA-01222-COA (Criminal – Felony) Affirming conviction of first degree murder, holding that there was sufficient evidence to support the conviction and that the verdict was not against the overwhelming weight of the evidence. (10-0)
Other Orders
Tisdale v. South Central Regional Medical Center, 2023-CA-00231-COA (denying rehearing)
Eason v. South Central Regional Medical Center, 2023-CA-00261-COA (denying rehearing)
Baker v. State, 2023-KA-01111-COA (recalling mandate to allow pro se motion for rehearing to proceed on its merits)
Collins v. State, 2024-TS-01333-COA (granting motion to proceed out of time)
Siggers v. State, 2025-TS-00041-COA (finding pro se appellant’s response to show-cause issue well taken)
Ashby v. State, 2025-TS-00076-COA (allowing appeal to proceed on the merits)
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 Court of Appeals handed down five opinions today. Three of the cases involved state boards and agencies: one unemployment case, one termination case, and one case where a petitioner sought to amend or append his birth certificate. There are also two direct criminal appeals.
Darden v. MDES, 2024-CC-00159-COA (Civil – State Boards & Agencies) Affirming denial of unemployment benefits as untimely, holding that substantial record evidence supported the circuit court’s order affirming the agency’s decision. (10-0)
Jack v. City of Meridian, 2023-CC-01339-COA (Civil – State Boards & Agencies) Affirming employment termination, holding that the decision was not arbitrary and capricious and not in good faith, that the city provided substantial evidence that the plaintiff violated policies, and that the evidence did not show that the plaintiff was arbitrarily treated differently from two white male officers. (9-1-0: Lawrence concurred in result only without writing)
Malone-Bey v. Mississippi State Board of Health, 2024-SA-00288-COA (Civil – State Boards & Agencies) Affirming the chancery court’s decision denying a petition to amend birth certificate to designate the petitioner’s race as “white: Asiatic/Moor,” holding that the chancery court correctly ruled that it lacked the authority to amend a birth certificate to include additional categories of information and that neither the Board or the chancery court violated the petitioner’s constitutional or civil rights. (10-0)
Terry v. State, 2023-KA-00979-COA (Criminal – Felony) Affirming conviction of kidnapping, holding that the evidence was sufficient to sustain the kidnapping conviction, that the verdict was not against the weight of the evidence, that the trial court did not abuse its discretion by allowing the victim’s testimony about the crimes of co-defendants, and that the defendant’s proposed simple assault instruction was properly rejected. (10-0)
McNaughton v. State, 2023-KA-01099-COA (Criminal – Felony) Affirming conviction of second-degree murder after the defendant drove over his ex-girlfriend in a parking lost causing fatal injuries, holding that the trial court did not abuse its discretion admitting evidence of prior incidents of domestic abuse, that there was sufficient evidence to support the conviction, and that the conviction was not against the overwhelming weight of the evidence. (9-1-0: Wesbtrooks concurred in result only without writing)
Other Orders
In the Interest of A.R.H., a Minor: Malone v. Jackson County Dept. of Child Protective Services, 2023-CA-00420-COA (denying rehearing)
Arnold v. State, 2023-KA-00519-COA (denying rehearing)
Cauthen v. State, 2023-KA-00589-COA (denying rehearing)
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 Court of Appeals handed down eight opinions today and a bonus opinion Thursday of last week. There is a notably high reversal rate in these cases. The decision from last Thursday reversed a conviction of capital murder. The eight decisions handed down today cover personal injury, custody, divorce, felony convictions, wills and estates, and PCR with five of them at least reversing the trial court in part.
February 20, 2025
Roncali v. State, 2023-KA-00173-COA (Criminal – Felony) Reversing conviction of capital murder and remanding for a new trial, holding that the evidence was sufficient to support the verdict but that trial court abused its discretion allowing a State’s expert to testify that the manner of death was homicide from a third person injecting methamphetamine into the victim. Expert Testimony: 8-2 (Carlton dissented as to this issue, joined by Barnes, Lawrence, and St. Pe’) Sufficiency of the evidence: 8-2 (Carlton concurred as to this issue, joined by Barnes, Lawrence, and St. Pe’; Westbrooks dissented as to this issue, joined by McDonald and joined in party by McCarty who joined the principal opinion)
February 25, 2025
In the Matter of Disbursement of Real Property Assets to Heir and/or The Sale of Real Property: Montgomery v. Whatley, 2022-CP-00992-COA (Civil – Wills, Trusts & Estates) Reversing order permitting disbursement of real property one of the decedent’s children, holding that there was insufficient evidence in the record to support the chancellor’s finding that the decedent was the fee simple owner of the tract at issue and remanding to set aside the “Executrix’s Deed” and for further proceedings. (7-2-0: Westbrooks and McDonald concurred in result only without writing; Lawrence did not participate)
Trehern v. Spivey, 2023-CA-01002-COA (Civil – Custody) Reversing the chancellor’s custody modification order awarding the father legal and physical custody with no visitation awarded to the mother, holding that the chancellor did not find or identify any material change in circumstances, did not separately assess whether the change was adverse to the child’s welfare, and did not make on-the-record findings as to the Albright factors. (10-0)
Crump v. State, 2023-CP-00795-COA (Civil – PCR) Affirming denial of PCR motion, holding that the circuit court did not err in finding it the motion untimely, successive, and barred by res judicata. (10-0)
Fairchild v. KS Ocean Springs Real Estate LLC, 2023-CA-00928-COA (Civil – Personal Injury) Affirming summary judgment in favor of the defendants in a premises liability case, holding that the trial court did not abuse its discretion in striking an affidavit supporting the plaintiff’s opposition as a discovery violation and did not err in finding that there was no evidence that the defendants had actual or constructive knowledge of a dangerous condition. (9-1-0: Wilson concurred in part and in the result without writing)
Black v. Black, 2023-CA-01098-COA (Civil – Domestic Relations) Affirming the chancellor’s order modifying custody in favor of the father, holding that the mother’s appeal of the modification judgment was not timely and therefore barred and that the trial court did not err in denying her relief from the judgment under Rule 60(b). (10-0)
Practice Point – The Court noted that the Rule 60(b) motion filed more than ten days after the judgment does not toll the time for filing an appeal:
Colbert v. Colbert, 2022-CA-01293-COA (Civil – Domestic Relations) Affirming in part and reversing in part the chancellor’s decision denying the husband’s claim for divorce and granting the wife’s request for separate maintenance and child support, holding that the husband’s argument that the antenuptial agreement bars a grant of separate maintenance was procedurally barred for failure to present it to the trial court but reversing on the child support issue because the chancellor did not make the required findings of fact. (9-0: St. Pe’ did not participate)
Star v. State, 2023-KA-00788-COA (Civil – Felony) Affirming in part and reversing/rendering in part after the defendant was convicted of aggravated assault and being a felon in possession of a weapon, holding that the indictment and jury instruction for felon in possession of a weapon were deficient for failing to include the elements and reversing the conviction of felon in possession, but holding that the trial court did not err regarding the aggravated assault jury instruction. (7-2-1: Wilson concurred in part and in the result without writing; Barnes concurred in result only without writing; Emfinger concurred in part and dissented in part)
Roberts v. Roberts, 2023-CA-00934-COA (Civil – Domestic Relations) Reversing the chancellor’s equitable division of the marital estate and award of alimony, holding that the chancellor erred in valuing the husband’s business and other assets which required remand on both the equitable division and alimony decisions. (9-0: Weddle did not participate)
Other Orders
Alexander v. Metropolitan Y.M.C.A., 20233-CP-01092-COA (denying rehearing)
Magee v. State, 2023-CP-00008-COA (denying rehearing)
Chung v. State, 2023-CA-00362-COA (denying rehearing)
Doukas v. Kiln Self Storage, 2023-WC-01195-COA (denying rehearing)
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 Court of Appeals handed down nine opinions today and one bonus opinion Thursday of last week. There are a few real property cases including a restrictive covenants case. There are two interesting speedy trial cases among several other direct criminal appeals.
February 13, 2025
Johnson v. Cleveland, 2023-CA-01011-COA (Civil – Real Property) Reversing the chancery court’s decision in a tax sale and forfeited tax land patents, holding that a potential adverse possession claim did not confer standing, that the plaintiff lacked standing per section 29-1-21, and that the chancellor erred in declaring the tax sale void and ordering that the forfeited tax land patents be cancelled. (6-4: Westbrooks dissented, joined by Barnes, McDonald, and Lawrence)
February 18, 2025
Wallace v. State, 2023-KA-00721-COAconsolidated with 2023-KA-00723-COA, consolidated with 2023-KA-00888-COA (Criminal – Felony) Affirming convictions of three brothers who were tried together of capital murder, holding that the convictions were supported by sufficient evidence, that the trial court’s decision to allow an investigator to testify about a witness’s prior statement was harmless error, that the trial court did not in error for allowing testimony of prior bad acts to which there was no timely objection, that there was no violation of the constitutional right to a speedy trial under the totality of the circumstances, and that one brother’s ineffective assistance of counsel argument was without merit. (7-3-0: Lawrence and McCarty concurred in part and in the result without writing; Westbrooks concurred in result only without writing)
Note – The speedy trial discussion is worth reading if that is in your wheelhouse.
1st Step Sober Living LLC v. Cleveland, 2023-CA-00665-COA (Civil – Other) Affirming the chancellor’s decision granting residents’ request for injunctive relief preventing a home in a subdivision from being used by individuals recovering from substance abuse disorder, holding that the sale of the subject property did not render the case moot because damages were sought, that the proposed use was a commercial endeavor that was prohibited by restrictive covenants, and the chancellor did not err in determining that the rehab home did not sufficiently prove that the tenants would fit the “handicap” criteria for FHA purposes. (10-0)
Brooks v. State, 2023-KA-01081-COA (Criminal – Felony) Affirming conviction of possession of a controlled substance and being a felon in possession of a firearm, holding that the evidence was sufficient to support both convictions. (10-0)
Chambers v. State, 2023-KA-00626-COA (Criminal – Felony) Affirming conviction of one count of capital murder and two counts of felonious child abuse, holding that the trial court did not err in denying the defendant’s motion to suppress her statement to investigators where she voluntarily, knowingly, and intelligently waived her Miranda rights and that the State presented sufficient evidence for all convictions. (9-1-0: Wilson concurred in part and in the result without writing)
LoanMax, LLC v. Castle Columbus I, LLC, 2023-CA-00790-COA (Civil – Contract) Affirming in part and reversing in part the chancery court’s rulings in a claim for declaratory and injunctive relief involving a commercial lease renewal, holding on direct appeal that the chancellor did not err in finding that lessee did not provide notice required to effectively renew the lease, on cross-appeal that the chancellor did not err in finding that the owner is not entitled to damages for roofing or HVAC or to attorney’s fees, and on cross-appeal that the chancellor erred in her findings on holdover rent and remanded for a determination of what back rent may be owed. (9-0: Barnes did not participate)
Taylor v. State, 2023-KA-00245-COA (Criminal – Felony) Affirming conviction of aggravated assault with a deadly weapon, holding that the defendant’s right to speedy trial was not violated. (7-4*-0: McCarty specially concurred, joined by McDonald and St. Pe (who also joined the majority); Lawrence concurred in part and in the result without writing)
Note – The constitutional right to speedy trial got a lot of air time today. Here is how McCarty’s special concurrence on the subject kicks off:
Spearman v. State, 2023-KA-01091-COA (Criminal – Felony) Affirming conviction of aggravated assault, holding that there were no arguable issues for appeal after reviewing counsel’s Lindsey brief and the record. (10-0)
Fears v. State, 2023-KA-00174-COA (Criminal – Felony) Affirming conviction of capital murder, armed robbery, conspiracy to commit armed robbery, and aggravated assault against victims responding to a fake Facebook Marketplace ad, holding that the trial court did not abuse its discretion in denying an accomplice jury instruction. (10-0)
Johnson v. State, 2023-KA-00369-COA (Criminal – Felony) Affirming convictions of capital murder and felony child abuse, holding that the defendant abandoned his motion to server the counts against him when he failed to pursue a motion to hearing a decision and, further, that the trial court did not abuse its discretion denying the motion to sever. (10-0)
Other Orders
Johnson v. SW Gaming, LLC, 2023-CA-00505-COA (denying rehearing)
Simmons v. State, 2023-KA-00518-COA (denying rehearing)
Mississippi Appeals Blog 