Tag: Cert

Mississippi Supreme Court Decisions of June 18, 2026

The Mississippi Supreme Court handed down one opinion today in a youth court matter that was before the Court on cert.

In the Interest of A.R.H.: Malone v. Jackson County Department of CPS, 2023-CT-00420-SCT (Civil – Custody)
Reversing the Court of Appeals’ decision on cert that affirmed the youth court’s decision bypassing parental reunification, holding that the decision violated the plain language of Section 43-21-603-(7)(c) at the disposition stage of the proceedings.
(4-3: King for the Court; Randolph dissented, joined by Ishee and Branning)

Note – This is another decision where a “Court of four” carried the day on the seven-member Mississippi Supreme Court.

Other Orders

  • In Re: Rules of Discipline for the Mississippi Bar, 89-R-99010-SCT (granting Amended Petition to Amend Certain Rules of the Rules of Discipline for the Mississippi State Bar)
  • In Re: Commission on Continuing Legal Education, 89-R-99011-SCT (granting Petition to Amend Regulations 3.2 and 4.9 of the Rules and Regulations for Mandatory Continuing Legal Education)
  • Carr v. State, 2023-DR-00503-SCT (granting State’s motion to dismiss an application for leave to file successive petition)
  • State v. Mitchell, 2023-CT-00771-SCT (dismissing cert)
  • Edwards v. Johnson, 2023-CT-01271-SCT (granting cert)
  • Bird v. Ladner, 2024-CT-00245-SCT (dismissing cert)
  • O’Callaghan v. State, 2024-CT-00415-SCT (denying cert)
  • Rasbeery v. State, 2024-CT-01005-SCT (denying cert)

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Mississippi Supreme Court Decisions of June 4, 2026

The Mississippi Supreme Court handed down six opinions today. There are two decisions involving sanctions and/or contempt rulings. There is also a noteworthy judicial estoppel decision. The others are an election contest, a felony conviction, and an MDOC decision.

Walker v. Taylor, 2025-EC-00658-SCT (Civil – Election Contest)
Affirming the circuit court’s dismissal of sworn petitions for judicial review of a primary-election contest, holding that a new election was not warranted based on alleged voter disenfranchisement or equal protection violations.
(6-0: Griffis for the Court; Branning did not participate)

Favre v. MDHS, 2024-IA-00880-SCT (Civil – Other)
Vacating Rule 11 sanctions, holding that the sanctioned parties were entitled to due process including notice and an opportunity to respond.
(7-0: Coleman for the Court)

Gombako-Amos v. Amos, 2023-CT-01253-SCT (Civil – Domestic Relations)
Reversing the chancery court and the Court of Appeals on cert, holding that there was no clear and convincing evidence of willful and deliberate violation of a court order to support a finding of civil contempt, rendering judgment on attorneys’ fees, and remanding to determine issues related to reimbursement.
(6-1: Griffis for the Court; Randolph dissented)

Strong v. Acara Solutions, Inc., 2024-CT-00455-SCT (civil – Personal Injury)
Affirming the Court of Appeals’ reversal of the circuit court’s grant of summary judgment dismissing on judicial estoppel grounds on cert, holding that the Court of Appeals did not err by reviewing the judgment de novo instead of abuse of discretion and that the trial court erred by not applying Fifth Circuit precedent in its analysis of the second element (a court accepted a previous position) of judicial estoppel.
(5-2: Randolph for the Court; Coleman dissented, joined by Branning)

Practice Point – I view this as a must-cite decision for judicial estoppel going forward.

Winters v. State, 2024-KA-01105-SCT (Criminal – Felony)
Affirming conviction of aggravated assault and attempted armed robbery, holding that the evidence was sufficient to support the conviction and that the verdict was not against the overwhelming weight of the evidence.
(7-0: Sullivan for the Court)

Hudson v. MDOC, 2025-CA-00645-SCT (Civil – State Boards & Agencies)
Affirming MDOC’s decision to not award trusty time due to conviction for attempted murder, holding that MDOC did not violate section 47-5-138.1 and that the denial of trusty time did not increase her sentence.
(7-0: Randolph for the Court)

Other Orders

  • In Re: Local Rules, 89-R-99015-SCT (granting motion seeking approval of revision to Local Rules for Fifth Chancery Court District)
  • Rules for Court Reporters, 89-R-99021-SCT (reappointing Hon. David P. Sullivan, Candace O’Barr Jones, Kati Vogt, and Latanya Allen as members of the Board of Certified Court Reporters for two-year terms from July 1, 2026, through June 30, 2028)
  • Brown v. State, 2017-DR-01373-SCT (denying rehearing)
  • Upchurch v. Lewis, 2023-CT-01296-SCT (granting cert)
  • Jack v. City of Meridian, 2023-CT-01339-SCT (dismissing cert petition as untimely)
  • McLaurin v. State, 2024-CT-00138-SCT (denying cert)
  • Jones v. Jones, 2024-CA-00690-SCT (denying rehearing)
  • UMMC v. Giddens, 2024-CT-00842-SCT (denying cert)
  • Favre v. MDHS, 2024-IA-00880-SCT (dismissing motion for permission to file exhibit under seal as moot)
  • Walker v. State, 2024-CT-01032-SCT (denying cert)
  • Bivins v. Ellisville State School, 2024-CT-01098-SCT (denying cert)
  • In Re: Jones, 2024-CA-01307-SCT (denying rehearing)

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Mississippi Supreme Court Decisions of April 16, 2026

The Mississippi Supreme Court handed down four opinions today. The must-read case from a factual standpoint is an organ recovery/personal injury case. There is also a med mal expert case where the Supreme Court reversed the Court of Appeals. There others are a slip-and-fall on interlocutory appeal and a zoning case.

Longo v. City of Waveland, 2025-CA-00625-SCT (Civil – State Boards & Agencies)
Affirming the circuit court’s decision affirming the City’s approval of applications, holding that the City’s approval of applications for conditional use and plat approval for a residential development project was supported by substantial evidence and was neither arbitrary nor capricious.
(6-0: Griffis for the Court)

Lee v. Doolittle, 2023-CT-00969-SCT, consolidated with 2022-CT-00186-SCT (Civil – Med Mal)
Reversing the Court of Appeals and reinstating the judgment of the circuit court striking the plaintiff’s expert and granting summary judgment, holding that the trial court was within its discretion to exclude the expert testimony.
(5-2: Branning for the Court; King dissented joined by Sullivan)

Denison v. Mississippi Organ Recovery Agency, Inc., 2024-CA-00644-SCT (Civil – Personal Injury)
Reversing the trial court’s dismissal of the Estate’s claims against MORA and medical providers after the decedent was prematurely declared dead, holding that the trial court erred by not converting MORA’s motion to dismiss based on a claim of immunity under the Revised Mississippi Uniform Anatomical Gift Act the Estate’s case into a motion for summary judgment but that the trial court did not err in granting a motion to dismiss a family member’s bystander claim for failure to state a claim.
(5-2: Sullivan for the Court; Griffis concurred in part and dissented in part, joined by Branning)

Note – My summary does not do justice to the facts. Here is how the opinion opens:

Rush Health Systems, Inc. v. Sparrow, 2024-IA-01185-SCT (Civil – Personal Injury)
Affirming denial of summary judgment on interlocutory appeal, holding that the trial court did not err in finding that there are questions of fact as to the existence of a dangerous condition and the plaintiff’s status as invitee or licensee.
(4-2: Sullivan for the Court; Coleman dissented, joined by Branning)

Other Orders

  • Nelson v. State, 2023-CT-00647-SCT (granting cert)
  • The Mississippi Bar v. Carr, 2025-BD-00731-SCT (order of suspension from the practice of law)

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