Tag: Certificate of Need

Mississippi Supreme Court Decisions of January 22, 2026

The Mississippi Supreme Court handed down two opinions today. One is a certificate of need case and the other is a direct criminal appeal.

Singing River Health Systems v. Mississippi State Department of Health, 2025-SA-00614-SCT (Civil – State Boards & Agencies)
Affirming the chancellor’s decision affirming the state health officer’s approval of a CON application, holding that there was substantial evidence that the the CON application complied with the requirements, that there was substantial evidence that the hearing officer substantially complied with procedure, that the hearing officer’s determination of economic vitality was not arbitrary and capricious, that the hearing officer was within her discretion to weight conflicting evidence regarding adverse impact, and that substantial evidence supported that the proposed project would not have a significant adverse effect on another facility’s ability to provide charitable care.
(7-0)

Pegues v. State, 2024-KA-01001-SCT (Criminal – Felony)
Affirming conviction of possession of a firearm by a felon, holding that the State did not commit prosecutorial misconduct by commenting on the defendant’s failure to call witnesses or the defendant exercising his right to a jury trial and holding that there was sufficient evidence of constructive evidence.
(7-0)

Other Orders

  • Parrott v. Frierson, 2023-CT-01245-SCT (denying cert)
  • Fisher v. All About Painting and Cleaning, Inc., 2023-CT-01289-SCT (denying cert)
  • Mohiuddin v. Jackson County, Mississippi Board of Supervisors, 2024-CA-00759-SCT (denying rehearing)
  • Crabtree v. Allstate Property and Casualty Insurance Company, 2024-FC-00827-SCT (denying rehearing)

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Mississippi Supreme Court Decisions of March 28, 2024

The Mississippi Supreme Court handed down three opinions today: one certificate of need matter and two direct criminal appeals. It was a big day, however, for “Other Orders” as the Supreme Court adopted revisions to the Uniform Chancery Rules, approved local rules for a circuit court district, and issued decisions in two bar disciplinary matters.

Wakefield v. State, 2021-CT-00187-SCT (Criminal – Felony)
Affirming convictions of accessory after the fact to car theft, kidnapping, and murder, holding that under the unit of prosecution test the State may charge multiple violations of section 97-1-5 for each felony committed.
(6-3: Kitchens concurred in part and dissented in part joined by King and Ishee)

Owen v. State, 2021-CT-00887-SCT (Criminal – Felony)
Affirming conviction of burglary of a business, holding that the trial court did not abuse its discretion in denying the motion for new trial based on the evidence presented.
(6-3: Griffis dissented, joined by Kitchens and King)

Encompass Health Rehabilitation Hospital of Flowood, LLC v. Mississippi Methodist Hospital and Rehabilitation Center, Inc., 2023-SA-00370-SCT (Civil – State Boards & Agencies)
Vacating the chancery court’s judgment that reversed MSDH’s decision in a certificate of need application matter approving two providers, holding that the chancery court erred in determining that MDHS failed to consider a contemporaneous CON application from another entity for the same category of services and that MDHS did not err in its decision that the contemporaneous CON application was not relevant or in denying to reopen the closed hearing on the contemporaneous CON application.
(7-2: Randolph concurred in part and dissented in part; Griffis dissented.)

Other Orders

In Re: Uniform Chancery Court Rules, 89-R-99006-SCT (adopting revisions to the Uniform Chancery Rules)

In Re: Local Rules, 89-R-99015-SCT (approving local rules for the Fifteenth Circuit Court District)

The Mississippi Bar v. Mayers, 2021-BD-00268-SCT (ordering a lawyer permanently disbarred)

Bennett v. The Mississippi Bar, 2023-BR-00410-SCT (denying motion for reinstatement to the practice of law)

Mississippi Farm Bureau Federation v. Holloway, 2023-IA-01256 (granting petition for interlocutory appeal and stay)

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