The Mississippi Court of Appeals handed down four opinions today. There are two direct criminal appeals, a legal malpractice case stemming from an underlying MTCA case, and a custody case.
Hunt v. State, 2025-KA-00303-COA (Criminal – Felony) Affirming conviction of first-degree murder and armed robbery, holding at the circuit court did not commit reversible error in its Batson rulings, did not abuse its discretion in refusing a proposed jury instruction on accomplice testimony. The convictions were supported by sufficient evidence, and that the verdict was not against the overwhelming weight of the evidence. (8-2-0: Weddle for the court; Westbrooks and McDonald concurred in part and in the result without writing)
Smith v. Breese, 2024-CA-01441-COA (Civil – Legal Malpractice) Affirming summary judgment for the defendant in a legal malpractice lawsuit, holding that the trial court did not err in finding that the claims in the underlying lawsuit were time-barred before the defendant attorney was retained in that matter, that the trial court did not err by failing to consider other claims because the plaintiff did not come forward with any summary judgment evidence on any viable claim against the attorney, and that the issue of whether the court erred by requiring the production of alleged privileged documents was moot because the grant of summary judgment did not rely on those documents. (9-1-0: Emfinger for the court; McCarty concurred in part and in the result without writing)
Clark v. Belk, 2025-CA-00049-COA (Civil – Custody) Affirming the chancery court’s decision in a custody matter, holding that the chancery court did not err in its Albright analysis or abuse its discretion in granting physical custody of the eldest daughter to the father and of the youngest daughter to the mother. (10-0: McCarty for the Court)
Bracey v. Montgomery County, 2025-CA-00369-COA (Civil – Torts) Affirming in part and reversing in part the circuit court’s grant of a motion for judgment on the pleadings in an MTCA case, holding that the malicious prosecution claim was properly dismissed but that the plaintiff’s claims for false arrest/imprisonment were not barred by the statute of limitations and that sufficient facts supporting them had been alleged. (10-0: Wilson for the Court)
Other Orders
Odom v. State, 2023-KA-01165-COA (denying motion for reconsideration)
Lavant v. State, 2024-KA-00953-CAA (denying rehearing)
Patriot Inspects, LLC v. McKenzie, 2024-CA-010000-CAA (denying rehearing)
Pierre v. State, 2024-KA-01372-CAA (denying rehearing)
Rem v. Robinson Property Group, LLC, 2025-CA-00043-COA (denying rehearing)
Small v. Mississippi Department of Corrections, 2025-CP-00654-COA (denying rehearing)
Winston v. State, 2025-CP-01405-COA (dismissing appeal as moot)
Gray v. State, 2025-TS-01449-COA (dismissing untimely motion for reconsideration)
Vlasak v. State, 2026-TS-00362-COA (dismissing appeal)
Pickens v. State, 2026-TS-00833-COA (allowing appeal to proceed)
Our appellate courts are back in action after the standard summer hand-down break centered around the Mississippi Bar Convention. The Mississippi Court of Appeals strikes first with six opinions today.
Lewis v. State, 2025-CP-00341-COA (Civil – PCR) Affirming denial of a PCR motion, holding of the trial court did not err in revoking post-release supervision. (10-0: Weddle for the Court)
White v. White, 2025-CP-00575-COA (Civil – Custody) Affirming the chancellor’s decision to award joint legal and physical custody, holding that the decision was supported by substantial credible evidence. (10-0: Emfinger for the Court)
In the Matter of the Estate of Gibson: Vanderford v. Estate of Gibson, 2024-CA-01355-COA (Civil – Wills, Trusts & Estates) Affirming the chancellor’s denial of a petition to adjudicate paternity, holding that the chancellor did not err in finding the petition untimely. (8-2-0: McCarty for the Court; Barnes concurred in part and in the result without writing; Wilson concurred in result only without writing)
In the Matter of the Estate of Manyfield: Ogden & Associates, PLLC v. Sweet, 2025-CA-00417-COA (Civil – Contract) Reversing the chancery court’s decision denying a lien for attorney fees, holding that the chancellor abused his discretion and remanding for an apportionment of fees. (8-2-0: Lawrence for the Court; Wilson and MacDonald concurred in part and in the result without writing)
Davis v. Davis, 2025-CA-00363-COA (Civil – Custody) Affirming the chancellor’s custody decision, holding that the chancellor did not err in awarding custody to the mother despite the father’s arguments that the mother’s mental health was not properly considered. (9-1-0: McDonald for the Court; Wilson concurred in part and in the result without writing)
In the Interest of T.L. a Minor: Jessica L. v. Forrest County Department of the Mississippi Department of Child Protection Services, 2024-CA-00385-COA (Civil – Domestic Relations) Affirming the Youth Court’s decision terminating parental rights, holding that there was substantial evidence to support the decision, that the youth court properly found that CPS made reasonable reunification efforts, and that there was no merit to the mother’s argument that her counsel was ineffective. (5-2-3: Barnes for the Court; Carlton and McDonald concurred in part and in the result without writing; Wilson concurred in result only without writing; Westbrooks concurred in part and dissented in part without writing; McCarty concurred in part and dissented in part, joined by Westbrooks and joined in part by McDonald)
Other Orders
Moore v. Sta-Home Health Agency of Carthage, Inc., 2023-CA-01267-COA (denying rehearing)
Turner v. City of Tupelo, 2024-CA-01146-COA (denying rehearing)
Gardner v. State, 2025-KA-00298-COA (denying rehearing)
Rudd v. State, 2025-CP-00618-COA (denying rehearing)
The Mississippi Court of Appeals handed down six opinions today. There were two felony appeals, two domestic/custody decisions, and two PCR decisions.
Brents v. Holland, 2024-CA-01198-COA (Civil – Custody) Affirming the chancellor’s decision in a custody matter, holding that the chancellor did not err in finding a material change in circumstances adversely affecting the children and that modification was in their best interest and that the chancellor did not err in not keeping siblings together where this issue was not raised until appeal, and that the chancellor did not err in ordering supervised visitation despite the GAL’s recommendation. (10-0: McDonald for the Court)
Johnson v. State, 2025-KA-00549-COA (Criminal – Felony) Affirming re-sentencing under Miller, holding that the circuit court did not err in sentencing the defendant to life without parole. (9-0: McDonald for the Court; Emfinger did not participate)
Benamon v. State, 2024-KA-00501-COA (Criminal – Felony) Affirming conviction of first-degree murder and possession of a firearm by a felon, holding that the trial court did not err in denying a motion to quash the venire after the defendant briefly appeared in the courtroom prior to voir dire in handcuffs and shackles or in refusing to instruct the jury on the lesser-included offense of heat-of-passion manslaughter. (8-2-0: Wilson for the Court; Westbrooks and McDonald concur in part and in the result without writing)
Rudd v. State, 2025-CP-00618-COA (Civil – PCR) Affirming the circuit court’s denial of a PCR motion attacking an order of revocation, holding that it was properly dismissed as an impermissible successive motion. (9-0: Wilson for the Court; Emfinger did not participate)
Self v. Conley, 2024-SA-01079-COA (Civil – Domestic Relations) Affirming the chancellor’s final order on child support and visitation, holding that the chancery court did not abuse its discretion in declining to find the father in contempt and imprison him and that the chancellor did not err in awarding visitation despite the father’s “unclean hands.” (10-0: Barnes for the Court)
Castillo-Valencia v. State, 2025-CP-00348-COA (Civil – PCR) Affirming denial of claims and dismissal of motion for PCR, holding that the motion was properly dismissed as successive, time barred, and without statutory exception. (9-0: Barnes for the Court; Emfinger did not participate)
Other Orders
Williams v. State, 2024-KA-00257-COA (denying rehearing)
Price v. Hinds County School District, 2024-CA-00841-COA (denying rehearing)
Banks v. State, 2024-KA-00881-COA (denying rehearing)
Roberts v. State, 2024-CA-00988-COA (denying rehearing)
Wilson v. P.L. Marketing, Inc., 2025-WC-00158-COA (denying rehearing)
I had oral argument before the Mississippi Court of Appeals last Wednesday. It was a great experience as always and the Court’s hospitality is top-notch. Nevertheless, I was in prep mode on Tuesday and recovery mode on Thursday so I punted last week’s summaries. I plan to get caught up this week. I will add another post taking a detour and talking about the intersection of Ole Miss football and appellate procedure.
For now, my summaries of the seven opinions handed down by the Mississippi Court of Appeals today are below. Of note, the Court reversed a conviction and rendered a judgment of acquittal based on a Fourth Amendment violation.
Smith v. Clarksdale Municipal School District, 2024-CA-00168-COA (Civil – Contract) Affirming the dismissal of a petition for mandamus against the school district to reclassify a job position and for back compensation, holding that the circuit court did not err in converting a motion to dismiss to a motion for summary judgment or in granting summary judgment. (9-1: Emfinger for the Court; McDonald dissented without writing)
Seward v. Coast Concrete Company, Inc., 2024-CA-00973-COA (Civil – Contract) Affirming the circuit court’s decision denying a motion to withdraw or amend admissions, holding that the appellant waived the argument that the requests for admissions were served outside of the discovery deadline under UCRCCC 4.03 and that the circuit court did not abuse its discretion in denying the motion to withdraw or amend the deemed admissions. (8-2-0: Emfinger for the Court; McDonald and McCarty concurred in part and in the result without writing)
Johnson v. State, 2024-KA-01348-COA (Criminal – Felony) Affirming conviction of second-degree murder, holding that the trial court did not err in admitting testimony from the victim’s supervisor regarding evidence of prior violence against the victim, that the record was insufficient to address the ineffective assistance claim, and that the evidence was sufficient to support the conviction. (10-0: McCarty for the Court)
Davis v. State, 2024-KA-00794-COA (Criminal – Felony) Affirming conviction of capital murder, holding that the conviction was supported by sufficient evidence and that the verdict was not against the overwhelming weight of the evidence. (10-0: McDonald for the Court)
Wilson v. State, 2024-KA-00632-COA (Criminal – Felony) Reversing conviction of possession of a firearm by a felon, holding that the trial court erred in denying a motion to suppress evidence during a traffic stop because the officer lacked reasonable suspicion to initial the traffic stop. (9-1: Wilson for the Court; Carlton dissented without writing)
In the Matter of A.L.C.: Heart to Heart Adoptions, Inc. v. Williamson, 2024-CA-00052-COA (Civil – Adoption) Affirming the chancery court’s judgment denying full faith and credit to a Utah judgment terminating parental rights, holding that the Utah judgment could not be registered under the Uniform Child Custody Jurisdiction and Enforcement Act. (10-0: Carlton for the Court)
Jenkins v. Jenkins, 2024-CA-00395-COA (Civil – Domestic Relations) Affirming the chancery court’s judgment of divorce and award of joint legal custody, holding that the chancellor did not abuse her discretion in her Albright analysis, in awarding joint custody, in her equitable division and distribution of marital property, in not awarding alimony, or in denying a request for attorney’s fees. (5-5: Emfinger for the Court; Carlton concurred in part and dissent in part regarding the child custody award, joined by Barnes, Westbrooks, McDonald, and McCarty)
Other Orders
Upchurch v. Lewis, 2023-CA-01296-COA (denying rehearing)
Wooten v. State, 2023-KA-01318-COA (denying rehearing)
Walker v. State, 2024-CP-01032-COA (denying rehearing)
As the year draws the a close, the Mississippi Court of Appeals is finishing strong with seven opinions handed down today. There were three domestic relations cases, two felony appeals, one misdemeanor appeal, and an undue influence case.
Rasbeery v. State, 2024-KA-01005-COA (Criminal – Felony) Affirming conviction of possession of meth with a firearm enhancement, holding that the conviction of constructive possession was supported by sufficient evidence, that the verdict was not against the overwhelming weight of the evidence, and that the trial court did not err in denying a motion suppress the defendant’s roadside statements. (10-0: McCarty for the Court)
Lucas v. Estate of Lucas, 2024-CA-01259-COA (Civil – Wills, Trusts & Estates) Affirming the chancellor’s decision invalidating a gift and setting aside a deed, holding that the grantee did not provide sufficient evidence overcome the presumption of undue influence. (10-0: McCarty for the Court)
J.T.S. v. M.L.S., 2024-CA-00023-COA (Civil – Domestic Relations) Affirming in part and reversing in part a chancellor’s decision in a divorce case, holding that the Court had appellate jurisdiction, that the chancery court did not in dismissing several counts of the amended complaint, that the chancellor did err in modifying the life insurance provision of the divorce agreement, that the chancellor did not err in enforcing a provision limiting reimbursement of medical expenses, that the chancellor did not err in assessing post-judgment interest, that the chancellor did not err in finding that one party had no obligation to contribute to condo or allowance expenses, that the chancery court did not abuse its discretion in crediting payments as child support, that the chancellor did err in awarding attorney’s fees without specific findings, and that there was no merit to the claim that the chancellor was impartial. (7-1-0: McDonald for the Court; Wilson concurred in part and in the result without writing; Lawrence and St. Pe’ did not participate)
Turner v. State, 2024-KM-01020-COA, consolidated with 2024-KM-01028-COA (Criminal – Misdemeanor) Affirming convictions of speeding and careless driving on appeal from justice court, holding that the evidence was sufficient to support the conviction which was not against the overwhelming weight of the evidence and that the trial court did not impermissibly place the burden of proof on the defendant. (10-0: McDonald for the Court)
Odom v. State, 2023-KA-01165-COA (Criminal – Felony) Affirming conviction of first-degree murder and armed robbery, holding that the jury was not so improperly instructed on self-defense as to warrant reversal and that the evidence was sufficient to support his conviction. (9-1-0: Wilson for the Court; Barnes concurred in part and in the result without writing)
Bradshaw v. Bradshaw, 2024-CA-00882-COA (Civil – Domestic Relations) Affirming judgment of contempt, holding that the chancellor did not err in finding the ex-husband in willful contempt for failing to pay court-ordered alimony or in reducing his monthly periodic alimony payment. (10-0: Barnes for the Court)
Thornton v. Thornton, 2024-CA-00320-COA (Civil – Domestic Relations) Affirming the chancellor’s judgment in a divorce case, holding that the chancery court did not abuse its discretion awarding joint legal and physical custody, that the chancellor did not err in distribution of marital property or in personal property. (7-1-2: Barnes for the Court; Wilson concurred in part and in the result without writing; Carlton concurred in part and dissented in part, joined by McCarty)
Other Orders
Parra v. Rapid-American Corporation, 2023-CA-01196-COA (denying rehearing)
Buck v. State, 2024-KA-00025-COA (denying rehearing)
Tauzin v. Tauzin, 2024-CA-00141-COA (denying rehearing)
The Mississippi Court of Appeals served a seasonally-appropriate portion of twelve opinions on Tuesday with nine other orders on the side. You can read about the lot below.
Cummings v. State, 2024-KA-00909-COA (Criminal – Felony) Affirming conviction of two counts of first-degree murder, holding that the conviction was supported by sufficient evidence, the verdict was not against the overwhelming weight of the evidence, the trial court did not abuse its discretion in the jury instructions given, the trial court did did not abuse its discretion in allowing evidence of other bad acts, the ineffective-assistance-of-counsel claim was without merit, and that the cumulative error doctrine did not apply. (7-3: Weddle for the Court; Wilson dissented, joined by Westbrooks and McDonald)
In the Interest of K.B.: A.B.B. v. E.B.S., 2024-CA-00313-COA (Civil – Custody) Affirming the youth court’s decision terminating parental rights, holding that the natural mother exercised all of the rights that she complained on appeal that the trial court failed to give her including her right to court-appointed counsel. (8-2-0: Emfinger for the Court; Westbrooks and McCarty concurred in part and in the result without writing)
Bivins v. Ellisville State School, 2024-SA-01098-COA (Civil – State Boards & Agencies) Affirming the circuit court’s decision affirming the Mississippi Employee Appeals Board’s decision affirming an employee’s termination, holding that the former employee failed to show that the order was not supported by substantial evidence or was arbitrary and capricious. (10-0: McCarty for the Court)
Dortch v. State, 2024-KA-01102-COA (Criminal – Felony) Affirming conviction of capital murder while engaged in the commission of a robbery after reviewing counsel’s Lindsey brief and independently reviewing the record. (10-0: McCarty for the Court)
Latham v. State, 2024-KA-00719-COA (Criminal – Felony) Affirming conviction of sexual battery after reviewing counsel’s Lindsey brief and independently reviewing the record. (10-0: Lawrence for the Court)
Day v. Day, 2024-CA-00771-COA (Civil – Custody) Affirming the chancery court’s custody modification order, holding that there was evidence to support the chancellor’s finding of a material change in circumstances and awarding the mother custody and visitation rights for the father. (9-0: Lawrence for the Court; Weddle did not participate)
Higdon v. Pinkston, 2023-CP-00685-COA (Civil – Real Property) Affirming the chancellor’s grant of summary judgment in a property-line dispute, holding that the chancellor’s decision where the motion for summary judgment was not opposed by a response or evidence at the hearing. (10-0: Carlton for the Court)
McLaurin v. State, 2024-KA-00138-COA (Criminal – Felony) Affirming conviction of possession of meth but reversing sentence as a nonviolent habitual offender, holding that the conviction was supported by sufficient evidence and the verdict was not against the overwhelming weight of the evidence, that there was no plain error in admission of hearsay testimony from an officer, that the ineffective-assistance-of-counsel claim lacked merit, that the trial court properly excluded proposed hearsay testimony, that the trial court did not err in qualifying the jury venire in the defendant’s absence, that the spousal privilege did not apply to certain testimony, and that matters not raised in the trial court were procedurally barred, but holding that the trial court erred in finding that it lacked sentencing discretion. (6-4-0: Carlton for the Court; Wilson, McDonald, Emfinger, and Weddle concurred in part and in the result without writing)
Bodie v. State, 2024-KA-00634-COA (Criminal – Felony) Affirming conviction of two counts of sexual battery and one count of touching a child for lustful purposes, holding that the defendant’s rights under the Double Jeopardy Clause were not violated. (10-0: Carlton for the Court)
CNRS&Z Inc. v. Bridgecrest Acceptance Corporation, 2024-CA-00365-COA (Civil – Contracts) Affirming the trial court’s decision granting a motion to compel arbitration, holding that the trial court did not err in finding a valid and binding arbitration agreement with one of the defendants and that the “close legal relationship” between that defendant and two others allowed them to enforce the arbitration agreement as well. (5-5: Barnes for the Court; McCarty concurred in part and dissented in part, joined by Westbrooks, McDonald, Lawrence, and Lassitter St. Pe’)
Note – The dissent agreed that the claims against the defendant who signed the arbitration agreement were bound to arbitration, but took issue with binding the claims against the other two defendants:
Estate of Price v. St. Dominic-Jackson Memorial Hospital, 2024-CA-00582-COA (Civil – Med Mal) Affirming the circuit court’s dismissal of a med mal action finding that it was barred by the statute of limitations and that it was an impermissible duplicative action, holding that the plaintiff waived any challenge to the dismissal as an impermissible duplicative action by failing to address it on appeal and that it was therefore unnecessary for the Court to address the statute of limitations issue. (6-2-0: Wilson for the Court; McDonald concurred in result only without writing; Lassitter St. Pe’ specially concurred, joined by Westbrooks; Barnes and Weddle did not participate.)
Avery v. State, 2024-CP-01044-COA (Civil – PCR) Reversing summary dismissal of a PCR motion, holding that the motion was sufficient to survive summary dismissal and required the State to answer to motion and provide an explanation for its calculate of the parole eligibility date. (8-2: Wilson for the Court; Lawrence dissented, joined by Weddle)
Other Orders
In the Interest of J.S.: P.S. v. Pearl River County Dept. of CPS, 2023-CA-00932-COA (denying rehearing)
Swims v. State, 2023-KA-01244-COA (denying rehearing)
Jackson v. State, 2023-KA-01280-COA (denying rehearing)
Hinds v. PERS, 2023-SA-01400-COA (denying rehearing)
Patterson v. State, 2024-KA-00268-COA (denying rehearing)
Brown v. State, 2024-CA-00307-COA (denying hearing)
Varnado v. State, 2024-KA-00338-COA (denying rehearing)
Polk v. State, 2024-KA-00591-COA (denying rehearing)
Wright v. State, 2025-TS-00986-COA (dismissing appeal as untimely)
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)
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)
The Mississippi Court of Appeals handed down six opinions today. There is a reversal of a defense verdict in a med mal case and a reversal of a conviction. There are a couple of domestic relations cases and another criminal appeal.
Upchurch v. Lewis, 2023-CA-01296-COA, consolidated withLewis v. Upchurch, 2024-CA-00396-COA (Civil – Med Mal) Reversing the circuit court’s denial of the plaintiffs’ motion for JNOV in a med mal case after a defense verdict, holding that the plaintiffs presented substantial testimony that the defendant-physician breached the standard of care and that his negligence caused the plaintiff’s injuries, and that since the defendant-physician was not tendered or accepted as an expert there was no insufficient evidence to support the verdict in favor of the defendant; affirming the trial court’s decision requiring the appellee to pay the $30,000 for the appellee’s additional record designations. (6-3: Weddle for the Court; Wilson dissented, joined by Barnes; Emfinger did not participate)
Sharp v. Sharp, 2024-CA-00171-COA (Civil – Domestic Relations) Affirming the chancery court’s order clarifying its final judgment of divorce, holding that the chancellor had authority to clarify and correct the final judgment and did not abuse his discretion in doing so regarding 529 accounts or requiring the father to pay college education expenses. (9-0: Emfinger for the Court)
Clark v. State, 2024-KA-00932-COA (Criminal – Felony) Reversing conviction of one court of sexual battery, holding that the State’s improper reference to nonexistent DNA and repeated comments on evidence excluded by pretrial order amounted to denial of the defendant’s due process. (8-2-0: McCarty for the Court; McDonald and Emfinger concurred in part and in the result without writing)
Thornhill v. Thornhill, 2023-CA-00714-COA (Civil – Domestic Relations) Affirming the chancellor’s grant of divorce on the ground of desertion, holding that there there was substantial credible evidence supporting the basis for divorce, that the chancellor did not err in property evaluation or equitable division, or in granting rehabilitative alimony instead of periodic alimony. (10-0: Lawrence for the Court)
Practice Point – This is excerpt is worth noting. Failure to raise an issue in a Rule 59 motion does not bar that issue on appeal as long as it was presented to and decided by the trial court:
Alexander v. Scarbrough, 2023-CA-01359-COA (Civil – Custody) Affirming the chancellor’s award of full custody to a child’s mother, holding that there was substantial evidence to supporting the chancellor’s legal determinations and fact findings. (10-0: Lawrence for the Court)
Harrison v. State, 2024-KA-00430-COA (Criminal – Felony) Affirming conviction of two counts of sexual battery, holding that the defendant’s argument that the date range in his indictment was not overly broad was procedurally barred and without merit. (9-1-0: Carlton for the Court; McCarty concurred in part and in the result without writing)
Other Orders
Magyar v. Shiers, 2023-CA-00682-COA (denying rehearing)
Brownless v. Brownless, 2023-CA-01044-COA (denying rehearing)
Ruffin v. State, 2024-CA-00867-COA (denying State’s motion to strike untimely motion for rehearing)
Walker v. State, 2025-TS-00584-COA (sua sponte allowing untimely appeal to proceed)
Robertson v. State, 2025-TS-00806-COA (sua sponte allowing untimely appeal to proceed)
Hoskins v. State, 2025-TS-00993-COA (allowing appeal to proceed as timely after taking pro se response to show cause notice well)
The Mississippi Court of Appeals handed down eight opinions on Tuesday. I finally got around to summarizing them and you can read those summaries below.
Lovelace v. Board of Trustees of East Mississippi Community College, 2023-CA-01341-COA (Civil – Contract) Affirming the chancellor’s order denying appeal and upholding the board’s decision not to renew an instructor’s contract, holding that the chancellor did not err by not considering documents that were not before the board, that the board’s decision was supported by substantial evidence, and the instructor was not denied due process. (10-0: Weddle for the Court)
Ingram v. Ingram, 2023-CA-01364-COA (Civil – Custody) Affirming the Court’s custody order, holding that the chancellor did not err in the Albright analysis or abuse his discretion in the visitation award. (10-0: Weddle for the Court)
Franklin v. State, 2024-CP-00696-COA (Civil – PCR) Affirming dismissal of PCR motion as time-barred. (9-0: McCarty for the Court; Emfinger did not participate)
Cardwell v. State, 2024-CP-01088-COA (Civil – PCR) Affirming denial of PCR motion as successive. (10-0: McCarty for the Court)
Brookshire v. State, 2023-KA-00966-COA (Criminal – Felony) Affirming conviction of first-degree murder, holding that there was a custodial interrogation that violated the right to counsel that had been invoked but that the error was harmless in light of the overwhelming evidence supporting the conviction and that its admission did not result in plain error under the Confrontation Clause. (8-2-0: Westbrooks for the Court; Carlton and McCarty concurred in result only without writing)
Williams v. State, 2024-CA-00817-COA (Civil – PCR) Reversing summary dismissal of a PCR motion, holding that the petitioner was not required to seek leave from the Supreme Court before filing the PCR motion. (10-0: Wilson for the Court)
Back Bay Lawnscapes LLC v. Graham, 2024-CA-00054-COA (Civil – State Boards & Agencies) Affirming the chancery court’s order granting summary judgment upholding a sales tax assessment and an individual income tax assessment, holding that the taxpayer failed to fulfill its statutory duty to keep adequate records and that the chancellor did not err in applying the law to the facts of the case or in awarding damages. (9-0: Carlton for the Court; Westbrooks did not participate)
Taylor v. Fair, 2024-CP-00676-COA (Civil – Other) Affirming the chancellor’s dismissal of a petition for write of habeas corpus and emergency custody of the petitioner’s child, holding that the chancellor did not err in dismissing the petition for lack of jurisdiction. (9-1-0: Carlton for the Court; McDonald concurred in result only without writing)
Other Orders
Estate of Anderson: Brown v. Fitzgerald, 2023-CA-01131-COA (denying rehearing)
Smith v. State, 2024-KA-00162-COA (denying rehearing)
Bickes v. Swain, 2024-CA-00187-COA (denying rehearing)
Roach v. Roach, 2024-CA-00236-COA (denying rehearing)
Mississippi Appeals Blog 