Tag: Capital Murder

Mississippi Court of Appeals Decisions of April 14, 2026

The Mississippi Court of Appeals handed down eight opinions yesterday. The Court reversed a capital murder conviction and also decided a will contest case, a custody case, three other felony appeals, a PCR case, and a divorce case.

Greene v. State, 2024-KA-00333-COA (Criminal – Felony)
Reversing conviction of one count of capital murder, holding that the trial court erred by failing to give the jury a cautionary instruction on accomplice testimony and remanded for a new trial.
(10-0: Weddle for the Court)

In the Matter of Estate of Williams: Williams v. Myles, 2024-CA-01114-COA (Civil – Wills, Trusts & Estates)
Affirming the chancellor’s decision in a will contest, holding that the chancellor did not err in finding that decedent lacked testamentary capacity when she executed her will and that the will was invalid because of undue influence.
(10-0: Weddle for the Court)

Singleton v. State, 2024-KA-01095-COA (Criminal – Felony)
Affirming conviction of second-degree murder, holding that the trial court did not abuse its discretion instructing the jury and that the verdict was not against the overwhelming weight of the evidence.
(9-1-0: Emfinger for the Court; Westbrooks concurred in result only without writing)

In the Interests of J.S.: Betsi S. v. Mississippi Dept. of Child Protective Services, 2024-CP-01061-COA (Civil – Custody)
Affirming the youth court’s permanency decision, holding that the mother was not deprived or due process, that recusal was not required, that the motion for ADA accommodation was abandoned, and that the mother was not entitled to damages.
(9-1-0: McCarty for the Court; Westbrooks concurred in result only without writing)

Practice Point – When writing a response or reply, do not talk past the arguments made by the other side:

Gardner v. State, 2025-KA-00298-COA (Criminal – Felony)
Affirming convictions of possession of a firearm by a felon, trafficking of fentanyl, and aggravated trafficking of meth, holding that the conviction of constructive possession of fentanyl was supported by sufficient evidence and that verdict was not against the overwhelming weight of the evidence.
(10-0: McCarty for the Court)

Stasher v. Stasher, 2024-CA-01302-COA (Civil – Domestic Relations)
Affirming the chancellor’s decisions in a divorce matter, holding that the chancellor did not manifestly or clearly err in granting divorce based on habitual cruel and inhuman treatment or in finding that the ex-husband had engaged in adultery during the marriage and that his claims about equitable distribution were without merit.
(10-0: Lawrence for the Court)

Jackson v. State, 2024-KA-01346-COA (Criminal – Felony)
Affirming conviction of two counts of touching a child for lustful purposes, holding that the circuit court did not err in the admission of hearsay testimony and that although it was an abuse of discretion to admit a written statement that error was harmless.
(8-2-0: McDonald for the Court; Wilson and Emfinger concurred in part and in the result without writing)

Leggett v. State, 2024-CP-01214-COA, consolidated with 2024-CP-01215-COA (Civil – PCR)
Affirming summary dismissal of two PCR motions.
(10-0: Wilson for the Court)

Other Orders

  • Clark v. State, 2023-KA-01116-COA (denying rehearing)
  • Fraser v. State, 2023-KA-01129-COA (denying rehearing)
  • Seals v. State, 2024-KM-00448-COA (denying rehearing)
  • ABL Management, Inc. v. Rowell, 2024-CA-01007-COA (denying rehearing)
  • Daengbunga v. State, 2024-KA-01122-COA (denying rehearing)
  • Simoneaux v. State, 2024-CP-01127-COA (denying rehearing)
  • Pedrego v. State, 2025-TS-01282-COA (denying pro se motion for reconsideration of dismissal of appeal)
  • Reeves v. State, 2026-TS-00201-COA (order allowing appeal to proceed as timely)

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Mississippi Supreme Court Decisions of November 16, 2023

The Mississippi Supreme Court handed down four opinions today. There is a lengthy personal jurisdiction case, a direct criminal appeal, a circuit vs. chancery jurisdiction dispute, and a death-penalty PCR decision.

K&C Logistics, LLC v. Old Dominion Freight Line, Inc., 2022-CA-00939-SCT (Civil – Other)
Affirming judgment of the circuit court finding no personal jurisdiction in a negligence case stemming from a car wreck in Arizona, holding that the Mississippi Business Corporation Act did not confer personal jurisdiction by virtue of the foreign corporation being registered to do business in Mississippi and that the defendant did not waive the personal jurisdiction defense when its attorneys entered appearances that did not expressly reserve the right to assert the personal jurisdiction defense.
(9-0)

Practice Point – This decision has a lengthy discussion of personal jurisdiction that is worth your time to read. On the waiver issue, the Court clarified persistent confusion over “special appearances” as follows:

Lollis v. State, 2022-KA-00711-SCT (Criminal – Felony)
Affirming conviction of murder and conspiracy to commit murder, holding that the evidence was sufficient to support the verdict on both counts.
(9-0)

Riverhills Capital Corporation v. At Home Care, Inc., 2022-IA-00568-SCT (Civil – Contract)
Affirming the circuit court’s denial of a motion to transfer a breach of contract, fraud, and quite title claim to chancery court, holding that the plaintiffs had sufficiently pleaded legal claims the circuit court did not err in denying the request to transfer to chancery court even if it is a “close call” and if the legal claims were ultimately found to be without merit.
(9-0)

Note – The Supreme Court said this about circuit court jurisdiction:

Bennett v. State, 2021-CA-01313-SCT (Civil – Death Penalty – PCR)
Affirming the denial of a PCR petition, holding that Cronic did not apply and there was no per se ineffective assistance, that the trial court’s refusal to allow the petitioner to depose two proffered witnesses did not affect the outcome of the trial, and that the petitioner failed to show ineffective assistance of counsel.
(9-0)

Other Orders

Smith v. State, 2021-CT-01003-SCT (granting cert)

Dawson v. Burgs, 2021-CT-01038-SCT (denying cert)

Baker v. State, 2021-CT-01277-SCT (denying cert)

McFarland v. State, 2021-CT-01311-SCT (denying cert)

Fagan v. Faulkner, 2022-CT-00130-SCT (granting cert)

The Mississippi Bar v. Hessler, 2023-BD-00057-SCT (granting emergency motion to clarify opinion to clarify that Hessler is authorized to continue practicing law in Mississippi while his one-year-and-a-day suspension remains in deferred status) *The “motion to clarify” is a handy item to keep in one’s tool belt. It was used here to get a result that had a significant impact on the movant.

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Mississippi Court of Appeals Decisions of September 13, 2022

The Mississippi Court of Appeals handed down five opinions today. These cases include two criminal convictions, medical malpractice, legal malpractice, and civil asset forfeiture.

Rowell v. State, 2021-KA-00793-COA (Criminal – Felony)
Affirming conviction of felony eluding after a high-speed chase, holding that the trial court did not err by refusing to instruct the jury on a lesser-included offense of failure to stop because no rational juror could have found the defendant not guilty of felony eluding but guilty of the lesser-included offense, that that the conviction was supported by sufficient evidence was not against the overwhelming weight of the evidence, and that the argument that testimony from revocation hearing should not have been admitted was procedurally barred.
(9-1-0: Judge Westbrooks concurred in result only without separate written opinion)

NOTE – I love it when an opinion comes right out with a roadmap like this one:

Having that lens through which to read the rest of the opinion saves the reader from spending a few pages feeling like he or she is trying to solve a mystery. I think this applies to brief writing as well and I do not always do this well.

Gardner v. Jackson, 2020-CA-01313-COA (Civil – Medical Malpractice)
Affirming a directed verdict in favor of a doctor in a medical malpractice case, holding that the circuit court did not err in granting the directed verdict based on the plaintiff’s failure to properly establish the national standard of care through expert testimony.
(9-0: Judge Emfinger did not participate)

Sims v. State, 2021-KA-00682-COA (Criminal – Felony)
Affirming conviction of capital murder, holding that the conviction was supported by sufficient evidence and the verdict was not against the overwhelming evidence and holding that the circuit court did not err in admitting an autopsy photo because there was probative value in showing the cause of death.
(10-0)

McGilberry v. Ross, 2021-CP-01076-COA (Civil – Legal Malpractice)
Affirming summary judgment dismissing a legal malpractice suit, holding that the plaintiff failed to produce any proof that the defendant breached the standard of care or her duty of loyalty and holding that the pro se appellant failed to cite authority or credible evidence to support her remaining claims.
(9-1-0: Judge Wilson concurred in result only without separate written opinion)

$153,340.00 v. State, 2020-CA-01409-COA (Civil – Other)
Affirming judgement of civil asset forfeiture, holding that the evidence supported forfeiture because the respondent provided no evidence that the money belonged to him other than his own testimony which lacked credibility, that the forfeiture was not an “excessive fine,” and that the evidence that the respondent met a drug-courier profile was sufficient to support the forfeiture.
(5-2-2: Judge McCarty concurred in part and in the result without separate written opinion; Judge Wilson concurred in the result only without separate written opinion; Judge McDonald dissented without separate written opinion; Judge Westbrooks dissented, joined by Judge McDonald and joined in part by Judge McCarty; Judge Emfinger did not participate.)

Other Orders

Prowell v. Nationstar Mortgage LLC, 2021-CA-00055-COA (denying rehearing)

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