Mississippi Court of Appeals Decisions of November 18, 2025

The Mississippi Court of Appeals handed down ten opinions today. Eight of the opinions are “new” and two of them follow a rehearing grant.

Eaglin v. Burse, 2024-CA-00808-COA (Civil – Custody)
Reversing the chancellor’s decision in a custody dispute, holding that the chancellor abused her discretion in denying a motion to continue and a motion in limine.
(9-0: Lassitter St. Pe’ for the Court; Westbrooks did not participate)

In Re Conservatorship of Mayberry: Mayberry-Johnson v. Mayberry, 2024-CA-00649-COA (Civil – Wills, Trusts & Estates)
Affirming the chancellor’s decision granting a petition to be appointed guardian and conservator of the petitioner’s husband over the objection of their daughter, holding that the chancellor did not abuse his discretion or commit clear error.
(10-0: Weddle for the Court)

Hall v. State, 2023-KA-01363-COA (Criminal – Felony)
Affirming convictions of conspiracy and aggravated assault, holding that the trial court did not err in admitting video and then admitting witness testimony identifying the defendant in the video.
(8-2-0: Emfinger for the Court; Westbrooks and McDonald concurred in the result only without writing)

Longino v. State, 2024-KA-00772-COA (Criminal – Felony)
Affirming conviction of first degree murder, holding that the trial court did not err in excluding the defendant’s complete law enforcement interview or in prohibiting the defendant’s father from testifying regarding the defendant’s history of mental health and treatment.
(9-1-0: Emfinger for the Court; Westbrooks concurred in part and in the result without writing)

Clarksdale Municipal School District Board of Trustees v. Montgomery, 2024-CA-00611-COA (Civil – Contract)
Reversing the chancery court’s decision to reverse the school board’s decision upholding a teacher’s contract non-renewal, holding that because the teacher did not comply with the statute’s requirements no hearing was necessary for the school board to uphold the non-renewal.
(9-1: McCarty for the Court; McDonald dissented without writing)

Manning v. State, 2024-CP-00853-COA (Civil – PCR)
Affirming the trial court’s order denying a motion for PCR based on a finding that it was successive.
(5-1-4: Lawrence for the Court; McCarty concurred in part without writing; Wilson and McDonald dissented in part without writing; Westbrooks dissented, joined by Barnes and McDonald and joined in part by Wilson and McCarty.)

McKnight v. State, 2024-KA-00779-COA (Criminal – Felony)
Affirming conviction of possession of a weapon by a habitual offender, holding that the trial court did not abuse its discretion by refusing to give a jury instruction proposed by the defendant because it was an inaccurate statement of the law or in denying a new trial.
(9-1-0: Westbrooks for the Court; Wilson concurred in part and in the result without writing)

Yates v. State, 2024-KA-00371-COA (Criminal – Felony)
Affirming conviction of burglary of a dwelling, holding that claim of error in excluding testimony was procedurally barred for lack of a proffer and that the conviction was supported by sufficient evidence.
(9-1-0: Wilson for the Court; Westbrooks concurred in the result only without writing)

Taylor v. State, 2023-CA-00738-COA (Civil – PCR)
Granting a motion for rehearing and reversing the trial court’s denial of a PCR motion, holding that the trial court exceeded its jurisdiction when it sentenced a man to a term that exceeded the maximum and that its actions in doing so are void.
(8-2: McCarty for the Court; Emfinger concurred in part and dissented in part without writing; Wilson dissented, joined by Emfinger)

Note – Here is how the Court summarized its holding:

McDonald v. Pruwitt, 2023-CA-01312-COA (Civil – Custody)
Granting rehearing and affirming the chancellor’s findings regarding the statutory criteria for grandparent visitation rights but reversing and remanding for specific findings regarding the Martin factors.
(10-0: Emfinger for the Court)

Other Orders

  • Nelson v. State, 2023-CP-00647-COA (denying rehearing)
  • Walker v. State, 2023-KA-01012-COA (denying rehearing)
  • Howard v. Howard, 2023-CA-01029-COA (denying rehearing)
  • Briggs v. Jackson, 2023-CA-01241-COA (denying rehearing)
  • Gombak0-Amos v. Amos, 2023-CA_01253-COA (denying rehearing)
  • Brodie v. Brodie, 2023-CA-01397-COA (denying rehearing)
  • Bhatti v. Board of Supervisors of Coahoma County, Mississippi, 2024-CA-00027-COA (denying rehearing)
  • Martin v. Martin, 2024-CA-00222-COA (denying rehearing)
  • Pickens v. State, 2025-TS-01084-COA (suspending Rule 4(a)’s deadline and allowing the appeal to proceed on the merits)
  • Lee v. State, 2025-TS-01099-COA (finding pro se response to show-cause notice well-taken and allowing appeal to proceed)
  • Fisher v. State, 2025-TS-01174-COA (granting appellant’s pro se motion to proceed out-of-time)

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Mississippi Supreme Court Decisions of November 13, 2025

The Mississippi Supreme Court handed down four opinions yesterday. There was also an order dismissing an appeal as untimely based on a defect in a motion for reconsideration filed with the trial court that is worth a quick read.

Mohiuddin v. Jackson County, 2024-CA-00759-SCT (Civil – State Boards and Agencies)
Affirming the circuit court’s judgment upholding the Board of Supervisor’s approval of a special exception to a zoning ordinance, holding that the Board’s interpretation of its zoning ordinance was correct and that is decision granting a special exception was not arbitrary and capricious and was supported by substantial evidence.
(9-0: Branning for the Court)

Miller v. State, 2024-KA-00804-SCT (Criminal – Felony)
Affirming conviction of aggravated assault, holding the indictment was not defective and that the defense was not prejudiced by the State’s amendment of the indictment.
(7-1-0: Griffis for the Court; King concurred in result only without writing)

Thompson v. Estate of Lee, 2025-CA-00286-SCT (Civil – Wills, Trusts & Estates)
Reversing the chancellor’s decision in a claim brought against an estate by the former clients of the decedent regarding misappropriated client funds, holding that the chancellor erred in dismissing the clients’ claims where the court had previously ruled that MDL funds at issue belonged to the clients and erred in finding that the former clients were required to maintain a judgment against the decedent or his estate to recover their funds that he held in trust.
(8-1: Chamberlin for the Court; Randolph concurred in result only without writing)

Busby v. State, 2024-KA-00482-SCT (Criminal – Felony)
Affirming conviction of sale of a Schedule II substance, holding that there was no Confrontation Clause violation where the trial court admitted testimony from a drug-analyst expert to testify that the substance sold was methamphetamine and admitted the law report through that expert where the expert was the technical reviewer and not the initial analyst.
(5-4: Maxwell for the Court; Coleman concurred in result only, joined by King, Ishee, and Sullivan.)

Other Orders

  • P.K. Loyacono, PLLC v. Raymond James Financial Services, Inc., 2024-CA-00791-SCT (granting motion to dismiss appeal from final judgment for lack of jurisdiction)

Practice Point – This Order is a cautionary tale. A “motion for reconsideration” that does not state grounds for relief does not toll the appeal deadline:

In Re: Advisory Committee on Rules, 89-R-99016-SCT (reappointing the following persons for three-year terms (1/1/26 to 12/31/28) as members of the Advisory Committee on Rules: Hon. Crystal Wise Martin, Hon. Celeste Embrey Wilson, David P. Pitre, Esq., Corey Clayton Cranford, Esq., Lance L. Stevens, Esq., and Katherine S. Kerby, Esq.)

  • Jones v. State, 2022-CT-01124-SCT (denying cert)
  • Davis v. State, 2023-CT-00811-SCT (denying cert)
  • Lee v. Doolittle, 2023-CT-00969-SCT (granting cert)
  • Phinizee v. State, 2023-CT-01090-SCT (denying cert)
  • Fortner v. IMS Engineers, Inc., 2023-CT-01170-SCT (denying cert)
  • Smith v. State, 2024-CT-00162-SCT (denying cert)
  • Underwood v. State, 2024-CT-00423-SCT (dismissing cert petition as untimely)

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Mississippi Supreme Court Decisions of November 6, 2025

The Mississippi Supreme Court handed down four opinions today. There is a divorce case, an adoption case, and two felony convictions.

Edwards v. Edwards, 2023-CA-01334-SCT (Civil – Domestic Relations)
Affirming judgement of divorce awarding ex-husband primary physical custody, holding that the trial court did not err in its Albright analysis, did not err in denying the motion for new trial, and did not err in denying a motion for recusal.
(8-0: Branning for the Court; Coleman did not participate)

Practice Point – The Court discussed the failure to make specific findings of fact when conducting an Albright analysis:

Mayfield v. State, 2024-KA-00822-SCT (Criminal – Felony)
Affirming conviction of sexual battery, holding that the conviction was supported by sufficient evidence and that the verdict was not against the overwhelming weight of the evidence.
(9-0: Branning for the Court)

Moody v. State, 2025-KA-00022-SCT (Criminal – Felony)
Affirming conviction of possession of methamphetamine, holding that the conviction was supported by sufficient evidence.
(9-0: Maxwell for the Court)

Note – Here is the Court’s preview of the evidence.

Hines v. Caldwell, 2024-CA-00921-SCT (Civil – Adoption)
Affirming the chancery court’s decision granting foster parents’ petition for adoption, holding that the adoptive parents were not contractually barred from seeking adoption before exhaustion of family placement with CPS and that judicial estoppel did not apply.
(9-0: King for the Court)

Other Orders

  • In Re: The Rules of Civil Procedure, 89-R-99001-SCT (denying letter motion)
  • In Re: Local Rules, 89-R-99015-SCT (granting motion seeking approval of revisions to the Local Rules for the Fifth Chancery Court District)
  • Ramsey v. State, 2023-CT-00440-SCT (denying cert petition as untimely)
  • Foote v. Memorial Hospital at Gulfport, 2023-CT-00504-SCT (denying cert)
  • Watkins Construction, Inc. v. Mississippi Department of Revenue, 2024-SA-00662-SCT (denying rehearing)

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Mississippi Court of Appeals Decisions of November 4, 2025

The Mississippi Court of Appeals handed down ten opinions yesterday. The Court covered a lot of ground including wills,the MTCA, felony convictions, an arbitration award, and arbitration agreement enforceability.

Pittman v. Charles Schwab & Co., Inc., 2024-CA-00619-COA (Civil – Torts)
Reversing the circuit court’s grant of a motion to compel arbitration, holding that the circuit court erred in finding that the plaintiff was a third-party beneficiary of an arbitration agreement.
(9-1: Weddle for the Court; Wilson dissented)

Ward v. State, 2024-KA-00341-COA (Criminal – Felony)
Affirming in part and reversing in part after a judgment of convictions of voyeurism and first-degree murder, holding that trial counsel was not ineffective for not requesting a severance or for failing to object to the State’s peremptory strikes and that the evidence was sufficient to support each of the convictions, but holding that the circuit court erred in refusing a heat-of-passion manslaughter instruction.
(7-3: Emfinger for the Court; Wilson and Westbrooks concurred in part and dissented in part without writing; Lawrence concurred in part and dissented in part, joined by Carlton and Westbrooks, joined in part by Wilson)

Roberts v. State, 2024-CA-00988-COA (Civil – PCR)
Reversing the trial court’s denial of a PCR motion, holding that because only one petition for revocation of Roberts’s PRS had been filed, the circuit court did not have the authority to impose her full sentence under section 47-7-37.
(6-4*-1: McDonald for the Court; Emfinger specially concurred, joined by Barnes, Weddle, and Lassitter St. Pe’, joined in part by Lawrence and McCarty; Wilson concurred in result only without writing; Lawrence dissented, joined in part by Emfinger and Weddle)

Fields v. State, 2024-KA-01204-COA (Criminal – Felony)
Affirming conviction of twenty-five counts of child exploitation, holding searches of the defendants laptops in Harrison County pursuant to a George County warrant were proper, and holding that the defendant cannot complain on appeal about the absence of a jury instruction his counsel strategically withdrew.
(10-0: McDonald for the Court)

Williams v. State, 2024-KA-00257-COA (Criminal – Felony)
Affirming conviction of manslaughter, holding that any error in limiting evidence related to the victim’s character did not warrant reversal in light of other evidence of guilt.
(8-2-0: Westbrooks for the Court; Wilson and Emfinger concur in result only without writing)

Jones v. Madison County Nursing Home, 2024-CA-00561-COA (Civil – Personal Injury)
Affirming the dismissal of a suit against a nursing home, holding that it was time-barred because it was filed outside of the MTCA’s one-year statute of limitations, holding that the County was not estopped from asserting the statute of limitations defense after the Board of Supervisors had responded to a pre-suit notice letter stating that the county was not a proper party.
(9-1-0: Wilson concurred in part and in the result without writing)

Chavers v. State, 2024-KA-00551-COA (Criminal – Felony)
Affirming conviction of two counts of manslaughter and one count of aggravated assault after driving a UTV into a group of people leaving a party, holding that the trial court did not abuse its discretion in giving a voluntary intoxication instruction, that the circuit court’s error in giving the jury the wrong set of jury instructions that error was harmless because it was corrected during deliberations, and that the verdict was supported by sufficient evidence.
(9-0: Wilson for the Court; Lawrence did not participate)

Estate of Fleishhacker: Ward v. Edwards, 2024-CA-00418-COA (Civil – Wills, Trusts & Estates)
Affirming the chancellor’s decision denying in a will contest, holding that the chancellor did not err in denying a request to probate a lost holographic will and finding an earlier will valid.
(7-2-0: Wilson concurred in part and in the result without writing; McDonald concurred in result only without writing; Weddle did not participate)

Practice Point – Though it did not affect the holding in the case, the Court held that the trial court erred in finding that one witness’s testimony was insufficient under section 91-7-10 because she was the primary beneficiary under the purported will. But the Court of Appeals noted that neither the chancellor nor the parties accounted for the repeal of the Dead Man’s Statute.

Gillespie Funeral Home, LLC v. Magnolia Guaranty Life Insurance Company, 2024-CA-00427-COA (Civil – Contract)
Affirming the chancellor’s decision after an arbitration award, holding that the chancellor did not err in denying a motion to set aside an arbitration award or in entering a final judgment confirming the award.
(9-1-0: Barnes for the Court; McDonald concurred in the result only without writing)

Sanford v. State, 2024-KA-00683-COA (Criminal – Felony)
Affirming a conviction of gratification of lust, statutory rape, and sexual battery, holding that the argument that the circuit judge should have recused himself after he was contacted by the victim’s father prior to trial was waived and without merit where the judge said he explained to the father that the could not talk about matters that could come before the court.
(9-1-0: Barnes for the Court; Westbrooks concurred in result only without writing)

Other Orders

  • Younger v. Southern, 2022-CA-01228-COA (denying rehearing)
  • Mangum v. State, 2023-KA-01198-COA (denying rehearing)
  • Morsi v. JB Hunt Corp., 2024-WC-00399-COA (denying rehearing)

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Mississippi Supreme Court Decisions of October 23 and October 30, 2025

My summaries of last week’s and today’s action from the Mississippi Supreme Court are below.

I will blame my tardiness in part on the fact that last week I had the privilege of presenting a civil case law update at the 2025 Law Clerk and Judicial Staff In-Person and Virtual CLE presented by The Bench-Bar Liaison Committee of the Mississippi Bar. It was a great time of catching-up with friends and presenting on something I am passionate about.

October 23, 2025

  • No Opinions

Other Orders

  • Harris v. Casino Vicksburg, LLC, 2023-CT-00959-SCT (denying cert)
  • Deer v. State, 2024-CT-00019-SCT (denying cert)
  • Hatchett v. State, 2024-CT-00100-SCT (denying cert)

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October 30, 2025

Lakeland Premier Women’s Clinic, PLLC v. Jackson, 2024-IA-00445-SCT (Civil – Medical Malpractice)
Reversing the trial court’s denial of a clinic and doctor’s motion for summary judgment in a med mal case on interlocutory appeal, holding that the trial court abused its discretion in denying the defendants’ motion for summary judgment and granting the plaintiff additional time to obtain an expert affidavit where the plaintiff filed a response to the motion for summary judgment on the day of the hearing without supporting medical affidavit or testimony.
(9-0: Branning for the Court)

Practice Point – The Court drew a distinction between the rule 56(c) which allows affidavits opposing an MSJ to be served as late as the day before the hearing and the uniform rule requiring a response to be filed within 10 days.

Jones v. State, 2024-KA-01356-SCT (Criminal – Felony)
Affirming conviction of attempted aggravated-assault, holding that the evidence was sufficient to support the verdict and that the verdict was not against the overwhelming weight of the evidence where evidence showed that the defendant pointed a gun at his neighbor before firing it.
(9-0: Maxwell for the Court)

Elliott Land Developments, LLC v. Board of Supervisors of Jackson County, Mississippi, 2024-CA-01249-SCT (Civil – Real Property)
Affirming the circuit court’s affirmance the board of supervisors’ denial of a rezoning application, holding that the board had jurisdiction, that whether the developer met its burden was a fairly debatable issue based on substantial evidence presented by each side, and that the board’s denial was not arbitrary or capricious.
(9-0: Coleman for the Court)

Chung v. State, 2023-CT-00362-SCT (Civil – Other)
Reversing the Court of Appeals and reinstating the trial court’s judgment, holding that sufficient evidence supported the trial court’s decision finding that the State met its burden of proof required in civil-forfeiture proceedings.
(5-4: Branning for the Court; Sullivan dissented, joined by King, Coleman, and Ishee)

Note – A 5-4 Court of Appeals reversed the trial court and a 5-4 Supreme Court reversed the Court of Appeals.

Other Orders

  • 1st Step Sober Living LLC v. Cleveland, 2023-CT-00665-SCT (denying cert)
  • In Re: Administrative Orders of the Supreme Court of Mississippi, 2025-AD-00001-SCT (directing the disbursement of $189,619.03, 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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Mississippi Supreme Court Decisions of October 9, 2025

The Mississippi Supreme Court handed down one opinion today. It is a 5-4 decision on interlocutory appeal of an order denying a venue transfer.

Nat’l Health Ins. Co. v. Lever, 2024-IA-00112-SCT (Civil – Insurance)
Reversing the trial court’s denial of a motion to transfer venue in a lawsuit against a health insurance company, holding that venue was not proper where the medical treatment was rendered because the medical treatment was not a “substantial event” under the venue statute as it was not an act of the defendant.
(5-4: Randolph dissented, joined by King, Ishee, and Sullivan)

Other Orders

  • Culbertson v. State, 2023-CT-00588-SCT (dismissing cert petition that was previously granted)
  • Ladner v. Hinton Homes LLC, 2024-CT-00941-SCT (denying cert)

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Mississippi Court of Appeals Decisions of October 7, 2025

The Mississippi Court of Appeals handed down six opinions of substance yesterday. There is a divorce case, a timber case, a felony, a visitation/in loco parentis case, an heirship case, and a UM/UIM case with an interesting procedural question.

Hodge v. Hodge, 2024-CA-00745-COA (Civil – Domestic Relations)
Reversing the chancellor’s decision granting the ex-wife’s petition to set aside a final divorce degree arguing that she was forced to sign it under duress, holding that the chancellor did not abuse his discretion in finding the Rule 60(b)(4) motion timely, that section 93-5-2(5) did not apply because the complaint was not contested, that the chancellor erred by determining that the final divorce decree should be set aside in part because of the ex-husband’s claim splitting, and that there was not clear and convincing evidence that the ex-husband committed fraud.
(9-0: Lawrence for the Court; Barnes did not participate)

Payne Logging, LLC v. Smith, 2024-CA-00439-COA (Civil – Property Damage)
Affirming the chancellor’s award of monetary damages in a landowner’s claim against a logging company that removed timber off their property without permission while logging a neighbor’s property, holding that the chancery court did not err in applying the statutory guidelines in section 95-5-10.
(10-0: Westbrooks for the Court)

Hall v. State, 2024-KA-00364-COA (Criminal – Felony)
Affirming conviction of attempted capital murder, holding the the verdict was supported by sufficient evidence and that it was not against the overwhelming weight of the evidence.
(10-0: Wilson for the Court)

Edwards v. Johnson, 2023-CA-01271-COA (Civil – Domestic Relations)
Reversing the chancellor’s decision denying a petition to establish visitation by a non-parent, holding that the chancellor erred in applying the doctrine of unclean hands before determining the petitioner’s in loco parentis status and, if necessary, reaching the issue of whether visitation was in the child’s best interest.
(6-3: Carlton for the Court; Weddle concurred in part and dissented in part without writing; Wilson dissented; Emfinger dissented, joined in part by Wilson and Weddle; Lawrence did not participate)

In the Matter of Estate of Lewis: Curry v. Thomas, 2024-CA-00346-COA (Civil – Wills, Trusts & Estates)
Reversing the chancellor’s decision establishing paternity, holding that the one-year limitation for paternity is self-executing and thus cannot be waived and that the petitioner was barred from asserting an heirship claim because she did not attempt to establish paternity until almost eighteen years after her putative father’s death.
(7-3*: Barnes for the Court; McCarty concurred in part and in the result without writing; McDonald concurred in result only without writing; Westbrooks specially concurred, joined by McDonald, McCarty, and Lassitter St Pe’)

Thompson v. State Farm Fire and Casualty Company, 2024-CA-00393-COA (Civil – Insurance)
Affirming the trial court’s grant of a directed verdict in favor of a UM carrier, holding that the trial court did not err in granting a directed verdict for the UM carrier because there was no proof that the tortfeasor was an uninsured motorist and UM/UIM status was a question for the jury, that the UM carrier did not waive the argument that UM coverage was not applicable because the carrier did not have a duty to prove that the tortfeastor was an uninsured motorist, and that the trial court did not abuse its discretion in denying a new trial.
(7-3: Barnes for the Court; McDonald dissented without writing; McCarty dissented, joined by Westbrooks and McDonald)

Practice Point – McCarty’s dissent took issue with the directed verdict being granted during the damages phase of trial in front of the jury:

Other Orders

  • Davis v. State, 2023-KA-00884-COA (denying rehearing)
  • Quinn v. State, 2023-KA-01143-COA (denying rehearing)

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Mississippi Supreme Court Decisions of October 2, 2025

The Mississippi Supreme Court handed down two opinions today. One is a statute of frauds case and the other is an estate case involving real property. The latter includes a six-vote special concurrence.

Palmer’s Grocery Inc. v. Chandler’s JKE, Inc., 2024-IA-00194-SCT (Civil – Contract)
Reversing the circuit court’s grant of summary judgment on seven of ten claims stemming from the sale of a grocery store that fell through, holding that the plaintiffs complaint plausibly invoked the merchants’ exception and the part-performance exception to the Statute of Frauds.
(9-0: Ishee for the Court)

Practice Point – This one provides a good opportunity to brush up on the Statute of Frauds.

In the Matter of the Estate of Johnson: Manners v. Estate of Johnson, 2023-CT-00823-SCT (Civil – Wills, Trusts & Estates)
Reversing the Court of Appeals and reinstating the judgment of the chancery court in an estate matter, holding that an Article of Agreement signed by the decedent did not operate as a deed was not a foundation for the basis of a claim against the estate.
(5-6*-3: Branning for the Court; Randolph specially concurred, joined by Maxwell, Ishee, Griffis, Sullivan, and Branning; Coleman dissented, joined by King and Chamberlin)

Practice Point – Chief Justice Randolph’s special concurrence garnered votes form five other justices, giving it precedential effect, however limited its reach may be. The special concurrence stated that Justice Branning’s “opinion is unassailably correct and consistent with the Court’s precedent” and took issue with the dissent.

Other Orders

  • In Re: The Rules of Civil Procedure, 89-R-99001-SCT (amending Appendix A to the Mississippi Rules of Civil Procedure to add the attached form subpoenas as follows: Exhibit A as Form 6, Exhibit B as Form 7, and Exhibit C as Form 8.)
  • In Re: Commission on Continuing Legal Education, 89-R-99011-SCT (granting Expedited Petition to Amend the Rules and Regulations for Mandatory Continuing Legal Education and the Amended Expedited Petition to Amend the Rules and Regulations for Mandatory Continuing Legal Education filed by the Mississippi Commission on Continuing Legal Education as set forth in Exhibit A.)
  • Clark v. State, 2022-DR-00829-SCT (denying rehearing)
  • United Services Automobile Association v. Estate of Minor, 2023-CA-000490SCT (denying rehearing by equally divided Court with Coleman not participating)
  • Chambers v. State, 2023-CT-00626-SCT (denying cert)
  • Craft v. State, 2023-CT-00915-SCT (denying cert)
  • Terry v. State, 2023-CT-00979-SCT (denying cert)
  • Rodriguez v. Diamondhead Country Club and Property Owners Association Inc., 2024-SCT-00238-SCT (denying cert)
  • Summers v. Big Black Land & Timber Company, LLC, 2025-M-00366-SCT (denying petition for interlocutory appeal)
  • Arnold v. Staffney, 2025-IA-00562-SCT (granting interlocutory appeal)

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Mississippi Court of Appeals Decisions of September 30, 2025

The Mississippi Court of Appeals handed down five opinions yesterday. We closed out the month with a med mal/MTCA decision, a workers’ comp borrowed employee case, a felony conviction, a PCR case, and an MDOC administrative remedy case.

University of Mississippi Medical Center v. Giddens, 2024-CA-00842-COA (Civil – Wrongful Death)
Affirming judgment in favor of the plaintiff in a wrongful death med mal case brought under the MTCA, holding that the trial court’s decision that the decedent had not given informed consent for a procedure that constituted a breach of the standard of care and that the decision to perform that procedure during another procedure was a breach of the standard of care was supported by substantial credible evidence.
(10-0: St. Pe’ for the Court)

Walker v. State, 2024-CP-01032-COA (Civil – PCR)
Vacating and rendering judgment dismissing a PCR petition because the trial court lacked jurisdiction to consider the merits where the petition failed to first obtain permission from the Mississippi Supreme Court.
(10-0: McCarty for the Court)

Adams v. Hinds County School District, 2024-CA-00756-COA (Civil – Personal Injury)
Affirming the circuit court’s decision granting summary judgment in a personal injury case, holding that the trial court did not err in determining that the plaintiff (an employee of a staffing service) was a borrowed employee of the school district and that workers’ compensation was therefore her exclusive remedy.
(10-0: Wilson for the Court)

Walton v. State, 2024-KA-00818-COA (Criminal – Felony)
Affirming conviction of felony possession of stolen property, holding that the evidence was sufficient, that the trial could did not err in denying the motion for directed verdict or in refusing a peremptory instruction asserting that the State failed to prove the element of guilty knowledge, and that the verdict was not against the overwhelming weight of the evidence.
(10-0: Carlton for the Court)

Carroll v. State, 2024-CP-00875-COA (Civil – Other)
Affirming the circuit court’s dismissal of the petition for clarification of a sentencing order, holding that the circuit court reached the right result but for the wrong reason and explaining that the petition was untimely.
(7-3-0: Wilson, Westbrooks, and Emfinger concurred in part and in the result without writing)

Other Orders

  • Shipley v. Shipley, 2023-CA-00814-COA (denying rehearing)
  • Stephney v. State, 2023-KA-00936-COA (denying rehearing)
  • Mortera v. Kona Villa Owners Association, Inc., 2023-CA-01297-COA (denying rehearing)

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Mississippi Supreme Court Decisions of September 25, 2025

We didn’t hear much from the Fourth Floor yesterday.

No opinions handed down.

Other Orders

  • In Re: Commission on Children’s Justice, 89-R-99037-SCT (In its continuing efforts to improve court processes related to Mississippi’s child welfare system and in compliance with the U.S. Department of Health and Human Services’ requirement for funding to the Supreme Court Administrative Office of Courts State Court Improvement Program (CIP), the Court relieves and discharges the members of the Commission on Children’s Justice from the duties conferred on them by the order of September 30, 2021, with the sincere appreciation of the Court; establishes a new advisory group, the CIP Statewide Multi-Disciplinary Task Force, to consist of the designated members from the Judiciary, the Executive Branch, Non-Governmental organizations; and other persons; and directs the Task Force to meet quarterly to provide feedback and consultation to the CIP manager by reviewing and discussing available child welfare data, by identifying opportunities for legal and judicial involvement in program planning, and by providing suggestions for improving our court processes and the overall functioning of our child welfare system.)
  • Frazier v. State, 2016-M-01363 (denying motion in the nature of a petition for post-conviction relief, finding it frivolous, and warning that future frivolous filings could be sanctioned)
  • Taylor v. State, 2023-CT-00245-SCT (denying cert)
  • Johnson v. Cleveland, 2023-CT-01011-SCT (granting cert)
  • McPhail v. McPhail, 2024-TS-00849 (denying motion to recall mandate)

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