Tag: child support

Mississippi Court of Appeals Decisions of June 10, 2025

The Mississippi Court of Appeals handed down six opinions today. There is a child support case, a real property case resolved on the doctrine of res judicata, a contract case involving a rent-to-own contract, and three felony conviction appeals.

Brister v. Martin, 2022-CP-00931-COA (Civil – Domestic Relations)
Affirming the chancery court’s final judgment of child support, holding that the chancellor did not err by issuing a new child support order following a new trial that was conducted after notice to the parties that prior orders were vacated or likely to be vacated.
(9-0: St. Pe’ for the Court)

Okorie v. Citizens Bank, 2024-CP-00462-COA (Civil – Real Property)
Affirming the chancellor’s dismissal of a complaint to quiet and confirm title, holding that the claim was barred by the doctrine of res judicata.
(10-0: Lawrence for the Court)

Stubbs v. Ramsey, 2024-CA-00289-COA (Civil – Contract)
Affirming the chancery court’s judgment granting declaratory and injunctive relief concerning a rent-to-own purchase home, holding that the chancellor did not err in finding that the rent-to-own contract was valid and binding even after the passing of a termination date, in not finding the renter committed a material breach by not completing the purchase by the specified closing date, or in fashioning an equitable remedy to prevent the renter from forfeiting payments made where the failure to close was no one person’s fault.
(9-1-0: McDonald for the Court; Wilson concurred in part and in the result without writing)

Walker v. State, 2023-KA-01012-COA (Criminal – Felony)
Affirming conviction of manslaughter, holding that the State did not improperly comment on whether the defendant would testify and that the defendant failed to show that his counsel was ineffective for failing to object, and holding that the record was insufficient to address the issue of whether counsel was ineffective for failing to respond to discovery.
(7-2-0: Westbrooks for the Court; Wilson and Emfinger concurred in part and in the result without writing; Weddle did not participate)

Davis v. State, 2023-KA-00884-COA (Criminal – Felony)
Affirming conviction of attempted murder for shooting at someone with an AR-15 at close range, holding that the evidence was sufficient to support the conviction and that the verdict was not against the overwhelming weight of the evidence.
(10-0: Wilson for the Court)

Quinn v. State, 2023-KA-01143-COA (Criminal – Felony)
Affirming conviction of second-degree murder, holding that the trial court did not err by excluding a defense witness or evidence about the victim’s purportedly violent character.
(7-3-0: Carlton for the Court; Wilson, McDonald, and McCarty concurred in part and in the result without writing)

Other Orders

  • JLS Farm Partnership v. ’27 Break Hunting Club, Inc., 2023-CA-00434-COA (denying rehearing)
  • Haynes v. State, 2023-KA-00861-COA (denying rehearing)
  • McDonald v. Pruwitt, 2023-CA-01312-COA (granting appellant’s motion for appellate attorney’s fees)

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Mississippi Court of Appeals Decisions of October 15, 2024

The Mississippi Court of Appeals handed down five opinions today. Two are direct criminal appeals, one is a divorce case addressing child support and division of property, one is an easement case, and the other is a med mal case dismissed for lack of prosecution. Though he did not participate any of today’s decisions, newly minted Judge John D. Weddle made his debut on the hand downs today.

Chapman v. Chapman, 2023-CA-00615-COA (Civil – Domestic Relations)
Reversing findings of the chancellor in a divorce action, holding that the chancellor erred in his calculation of the father’s adjusted gross income and remanding for child support recalculation and holding that the chancellor erred concerning whether a boat was marital or non-marital property.
(5-4-0: Wilson and McCarty concurred in part and in the result without separate written opinion; Carlton and Westbrooks concurred in result only; Weddle did not participate)

Word v. U.S. Bank, 2023-CA-00160-COA (Civil – Real Property)
Reversing the chancellor’s judgment in an easement case, holding that the chancellor erred in awarding an easement by necessity because the plaintiff was not entitled to an easement by necessity and presented no evidence regarding the costs of using an available alternative access route.
(8-1-0: Wilson concurred in part and in the result without writing; Weddle did not participate)

Randall v. State, 2023-KA-00587-COA (Criminal – Felony)
Affirming conviction of aggravated assault and first-degree murder, holding that the trial court did not err in excluding evidence of one victim’s postmortem toxicology report showing the presence of recreational drugs in his system or in applying the firearm enhancement.
(8-1-0: Westbrooks concurred in result only without writing; Weddle did not participate)

Eason v. South Central Regional Medical Center, 2023-CA-00261-COA (Civil – Medical Malpractice)
Affirming dismissal of a complaint for failure to prosecute a med mal case against a nursing home, holding that the circuit court did not abuse its discretion in dismissing the case pursuant to Rule 41(b) after two years of delay.
(5-1-3: Westbrooks concurred in part and in the result without writing; McDonald dissented without writing; Lawrence dissented, joined by McDonald and McCarty; Westbrooks joined in part; Weddle did not particiapte)

N0te – The dissent’s position was that the COVID-10 pandemic was a mitigating factor and that the trial court’s failure to consider it was an abuse of discretion. It concludes:

Cauthen v. State, 2023-KA-00589-COA (Criminal – Felony)
Affirming conviction of non-residential burglary, holding that the trial court did not err in refusing to instruct the jury on the lesser-included offense of trespass.
(8-0: Emfinger and Weddle did not participate)

Other Orders

  • Archer v. Harlow’s Casino Resort & Spa, 2022-CP-01060-COA (denying rehearing)
  • Doss v. State, 2022-KA-01185 (denying rehearing)
  • Black v. State, 2022-KA-01223-COA (denying rehearing)
  • Jiles v. State, 2023-CP-00383-COA (denying rehearing)

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Mississippi Court of Appeals Decisions of October 1, 2024

The Mississippi Court of Appeals handed down nine opinions yesterday. There is just one criminal case and the rest are civil cases that run the gamut of practice areas from the statute of frauds to a hunting club dispute.

Smith v. Estate of Watson, 2023-CA-00761-COA (Civil – Wills, Trusts & Estates)
Reversing the chancellor’s judgment ordering the payment of creditor’s claims, disbursement of remaining assets, and closing the estate, holding that the chancellor failed to follow the statutory procedure for administering the insolvent estate.
(8-0: Lawrence did not participate)

Lowe v. Wall Doxey State Park, 2023-CA-00828-COA (Civil – Personal Injury)
Affirming dismissal of an MTCA personal injury case, holding that the trial court properly found that the State was not properly served with presuit notice because Plaintiff did not sent notice to the correct state entity.
(9-0)

Stallworth v. Mississippi Department of Employment Security, 2022-CC-01300-COA (Civil – State Boards & Agencies)
Affirming MDES Board of Review’s decision finding that the claimant was disqualified from receiving unemployment benefits, holding that the Board’s decision was substantial evidence and was neither arbitrary nor capricious where evidence showed that the claimant voluntarily left work without good cause.
(7-2-0: Westbrooks and McDonald concurred in result only without writing)

Mazie v. Boozier-Mazie, 2023-CA-00470-COA (Civil – Domestic Relations)
Affirming order granting a motion to enforce a judgment of divorce and finding the ex-husband in contempt and denying a new trial, holding that the chancellor acted within her discretion to find the ex-husband in contempt for not complying with the court’s judgment.
(8-0: Westbrooks did not participate)

Walker v. Hasty, 2023-CA-00675-COA (Civil – Custody)
Affirming the chancery court’s judgment modifying visitation and increasing child support obligation, holding that arguments that the trial was unfair were waived and without merit, that modifying visitation was not a change in custody, that there was substantial evidence to support the chancery court’s findings, and that the court did not prohibit one party from making a proffer and that party failed to make a proffer.
(8-0: Westbrooks did not participate)

Howard v. Nelson, 2023-CA-00947-COA (Civil – Contract)
Affirming dismissal of a case seeking specific performance enforcing an oral contract to sell land, holding that the statute of frauds applied.
(9-0)

Gandy v. State, 2023-KA-01017-COA (Criminal – Felony)
Affirming conviction of two counts of sexual battery and two counts of gratification of lust, holding that the verdict was not against the overwhelming weight of the evidence.
(9-0)

Short v. The Break Land Company, LLC, 2022-CA-01180-COA (Civil – Torts)
Affirming judgment on the pleadings in a dispute between landowners and an LLC that owned adjacent property for a hunting club of which the landowners were members that arose from the landowners wanting to shoot deer that were damaging their crops and the hunting club’s apparent retaliatory rule adoption and ultimate revocation of the landowner’s membership, holding that the landowners failed to state a claim for any causes of action, that the operating agreement barred the landowners’ claims, and that the trial court did not err not allowing the landowners to amend their complaint where they made no request of the trial court.
(8-0: Lawrence did not participate)

Long v. State, 2023-KA-00351-COA (Criminal – Felony)
Affirming conviction of possession of a controlled substance with intent to distribute, holding that the claim trial counsel committed a Batson violation was procedurally barred and without merit, that the trial court did not err in denying the motion for directed verdict, and that the spoliation argument that the State lost photographs of the crime scene was procedurally barred and without merit, and declined to address Plaintiff’s ineffective-assistance-of-counsel claim on direct appeal.
(7-2: Wilson and Emfinger concurred in part and in the result without writing)

Other Orders

  • Clemmons v. State, 2022-CA-00700-COA (denying rehearing)
  • Designer Custom Homes, LLC v. U.S. Coating Specialties & Supplies, LLC, 2023-CA-00207 (denying rehearing)

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Mississippi Court of Appeals Decisions of August 27, 2024

The Mississippi Court of Appeals handed down eleven opinions today. The majority are PCR cases, but there are a few direct criminal appeals, a personal injury case, and a divorce case.

Magee v. State, 2023-CP-00008-COA (Civil – PCR)
Affirming denial of PCR motion, holding that the circuit court did not err by failing to appoint counsel to represent the petitioner at his evidentiary hearing, finding that the guilty pleas were knowing/intelligent/voluntary, or in denying the claim of ineffective assistance of counsel.
(9-0)

Haley v. State, 2023-CP-00918-COA (Civil – PCR)
Affirming dismissal of second PCR motion, holding that the circuit court did not err in finding that the motion was successive and time-barred.
(9-0)

Stacy v. Stacy, 2023-CA-00219-COA (Civil – Domestic)
Reversing the chancellor’s division of martial property and alimony award, holding that the chancellor erred by failing to address both the Ferguson factors and the Armstrong factors in the decision.
(9-0)

Harris v. State, 2023-KA-00460-COA (Criminal – Felony)
Affirming resentencing for conviction of depraved heart murder, holding that the trial court did not err in sentencing the defendant to life imprisonment and that the defendant had no liberty interest in parole.
(7-1-0: Westbrooks concurred in result only; Emfinger did not participate)

Alexander v. Metropolitan Y.M.C.A., 2022-CP-01092-COA (Civil – Personal Injury)
Affirming the trial court’s grant of summary judgment in a personal injury action arising from a swimming pool accident, holding that the trial court did not err in granting summary judgment where there was no evidence of breach or proximate cause.
(7-0: McDonald and Emfinger did not participate)

Easterling v. State, 2023-KA-00610-COA (Criminal – Felony)
Affirming conviction of possession of a controlled substance as a second or subsequent offender and habitual offender, holding that there were no grounds for reversal after reviewing counsel’s Lindsey brief and the record.
(9-0)

LaFleur v. State, 2022-KA-00500-COA, consolidated with 2022-IA-01244-COA (Criminal – Felony)
Affirming the trial court’s denial of the defendant’s motion to dismiss, holding that the trial court’s ruling granting a new trial on attempted murder did not constitute an acquittal so the Double Jeopardy Clause did not prohibit a second trial, and dismissing direct appeal because the defendant did not challenge his conviction of simple assault.

Pryer v. State, 2023-CP-00568-COA (Civil – PCR)
Reversing the trial court’s denial of a Rule 60(b)(6) motion to reconsider the denial of a PCR motion challenging the revocation of a suspended sentence, holding that it was error to deny the motion reconsider because MDOC’s petition for revocation cited only technical violations.
(9-0)

Hardy v. State, 2023-CP-00970-COA (Civil – PCR)
Affirming denial of PCR motion, holding that the guilty plea was voluntary, that any Fourth Amendment or Sixth Amendment challenges were waived by the guilty plea.
(9-0)

Wallace v. State, 2023-KA-00071-COA (Criminal – Felony)
Affirming conviction of armed robbery, holding that the trial court did not commit plain error by proceeding with voir dire in the defendant’s absence where the defendant knew about the trial date but had transportation issues, that there was no reversible error related to the prosecutor’s statements during closing, and that the verdict was not against the overwhelming weight of the evidence.
(7-1[0]-1[2]: McDonald concurred in part and in the result without writing; Westbrooks concurred in part and dissented in part, joined by McDonald.)

Siggers v. State, 2023-CP-00324-COA (Civil – Other)
Affirming the trial court’s summary denial of a pro se “Habeas Corpus” pleading that it treated as a PCR motion, holding that the trial court erred by treating the pleading as a PCR motion but affirming denial of the “Habeas Corpus” because the issue was moot once the final revocation hearing was held, but remanding the matter to consider a subsequent PCR motion.
(6-3: McDonald concurred in part and dissented in part, joined by Barnes and Westbrooks, joined in part by McCarty)

Other Orders

  • None

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Mississippi Court of Appeals Decisions of June 4, 2024

The Mississippi Court of Appeals handed down eight opinions today. There is a paternity/child support case, a custody/termination of parental rights case, an MTCA personal injury case, a contract case, a slip-and-fall summary judgment, and three direct criminal appeals.

Myles v. Lewis, 2022-CA-01192-COA (Civil – Domestic Relations)
Affirming in part and reversing in part the chancellor’s rulings in a paternity action, holding that the chancellor erred in computing monthly child support by failing to account for the father’s significant income increase and personal withdrawals, inaccuracies in his financial statement, and admitted commingling of personal and business expenses; holding that the chancellor did not err in not requiring the father to pay half of the child’s private school tuition, insurance premiums, and extracurricular fees; and holding that no party was entitled attorney’s fees.
(9-1-0: Wilson concurred in part and in result without writing)

Lemay v. City of Biloxi, 2023-CA-00469-COA (Civil – Personal Injury)
Affirming summary judgment in favor of the City in an MTCA case stemming from a collision with a police officer, holding that although the trial court incorrectly ruled that the plaintiff was precluded from recovery because she was allegedly speeding, the summary judgment should affirmed because the undisputed evidence showed the officer was engaged in police protection activity and that he did not act with reckless disregard.
(7-2-0: Carlton and Wilson concurred in part and in the result without writing; Lawrence did not participate)

Hattie T. v. Matthew R., 2022-CP-00926-COA (Civil – Custody)
Affirming the chancery court’s final judgment terminating parental rights, holding that the chancellor did not err in denying the mother’s motion to dismiss and that the chancellor’s decision terminating parental rights was supported by clear and convincing evidence and was in the best interests of the children.
(10-0)

Collins v. State, 2022-KA-01184-COA (Criminal – Felony)
Affirming convictions of kidnapping, armed robbery, armed carjacking, aggravated assault, conspiracy to commit kidnapping, and conspiracy to commit armed robbery, holding that the circuit court did not abuse its discretion in admitting evidence of other acts and crimes coupled with a limiting instruction, in excluding evidence of the defendant’s assault in prison by two witnesses, or in refusing the defendant’s instructions on lesser included instruction.
(7-2-0: McCarty concurred in part and in the result without writing; Westbrooks and McDonald concurred in result only without writing)

Terry v. State, 2022-KA-01194-COA, consolidated with Thomas v. State, 2022-KA-01278-COA (Criminal – Felony)
Affirming convictions of two defendants (Terry and Thomas) for first-degree murder and drive-by shooting, holding that though the trial court abused its discretion in admitting surveillance video the error was harmless, that Terry’s conviction was not against the overwhelming weight of the evidence, that the trial court did not abuse its discretion in admitting text messages because they were not hearsay.
(10-0)

Designer Custom Homes, LLC v. U.S. Coating Specialties & Supplies, LLC, 2023-CA-00207-COA (Civil – Contract)
Reversing the circuit court’s reversal of the county court’s order granting summary judgment in favor of the plaintiff in a breach of contract case, holding that the circuit court erred by reversing on an issue and argument that were not raised in the county court or briefed on appeal and erred by finding that there was evidence in the record that presented a genuine issue of material fact.
(10-0)

Practice Point – Don’t rehash your trial court pleadings on appeal:

If the appeal process is daunting or simply pulling you away from other work you would rather do, your friendly neighborhood appellate attorney would love to visit with you about it.

Anderson v. SW Gaming LLC, 2023-CA-00345-COA (Civil – Personal Injury)
Affirming summary judgment for the defendant in a slip-and-fall case, holding that there was no evidence that the defendant caused water on the floor in the bathroom or that the defendant had either actual or constructive knowledge that there was water on the floor.
(10-0)

Harrera v. State, 2022-KA-01167-COA (Criminal – Felony)
Affirming conviction of one count of kidnapping, holding that the conviction was supported by sufficient evidence, that the kidnapping instruction did not constructively amend the indictment (an issue that was procedurally barred and without merit), and that the trial court did not err by giving the State’s accomplice liability instruction.
(9-1-0: Westbrooks concurred in result only without writing)

Other Orders

  • Allen v. State, 2022-KA-00419-COA (denying rehearing)
  • Minor v. State, 2022-KA-00990-COA (denying rehearing)

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Mississippi Court of Appeals Decisions of May 21, 2024

The Mississippi Court of Appeals handed down a bounty of twelve opinions yesterday. I noticed a stray opinion from Thursday, May 9 so that is also summarized below. With a total of thirteen opinions, there is a lot of ground covered.

Martin v. State, 2023-KA-00044-COA (Criminal – Felony)
Affirming conviction of aggravated assault and armed robbery after a trial in absentia, holding that the verdicts were not against the overwhelming weight of the evidence.
(10-0)

Tilley v. Gibbs, 2022-CA-01150-COA (Civil – Domestic Relations)
Affirming judgment awarding physical custody of a child to the father, holding that the chancellor did not err in his Albright analysis and that substantial, credible evidence supported the custody determination.
(10-0)

Hamer v. State, 023-CP-00701-COA (Civil – PCR)
Affirming denial of relief and dismissal of PCR motion without an evidentiary hearing, holding that the PCR motion lacked sufficient support to warrant a evidentiary hearing.
(8-2-0: Westbrooks and McDonald concurred in result only without writing)

McVay v. State, 2022-KA-00523-COA (Criminal – Felony)
Affirming conviction of four counts of capital murder and one count of possession of a firearm by a felon, holding that the trial court did not commit plain error in admitting evidence of prior bad acts during cross-examination of the defendant and holding that the defendant’s trial counsel was not constitutionally ineffective for failing to object.
(7-2-0: Wilson and Westbrooks concurred in result only without separate written opinion; Carlton did not participate)

Jackson v. State, 2022-KA-01143-COA (Criminal – Felony)
Affirming conviction of first-degree murder and burglary and sentence to life without eligibility for early release, probation, or parole, holding that the indictment was not fatally defective; that there was no plain error in denying a motion to suppress the defendant’s statements to law enforcement where the defendant made a knowing, intelligent, and voluntary waiver of Miranda; that the trial court did not err in refusing the defendant’s proposed insanity defense and imperfect self-defense instructions; and that the verdicts were not against the overwhelming weight of the evidence.
(8-2-0: Wilson and McCarty concurred in part and in the result without separate written opinion.)

Practice Point – This is a handy citation to tuck away for one of those “I know its true by I can’t find a case that says so” situations:

Thompson v. State, 2023-CP-00218-COA (Civil – PCR)
Affirming dismissal of the petitioner’s fourth and fifth PCR motions, holding that the circuit court did not err in finding them time-barred.
(10-0)

Smith v. West, 2023-CA-00297-COA (Civil – Personal Injury)
Affirming dismissal for failure to prosecute a personal injury case, holding that the trial court did not abuse its discretion after granting several continuances over nearly ten years since the action was commenced.
(10-0)

Signaigo v. Grinstead, 2022-CA-01212-COA (Civil – Real Property)
Affirming in part and reversing in part the chancellor’s rulings in an adverse possession action, affirming the finding that the plaintiff could not prove the ownership element but reversing the finding that title was vested in the defendant as a matter of law because that issue was beyond the scope of the motion for summary judgment.
(8-2-0: Wilson and Westbrooks concurred in result only without writing)

McKenzie v. McKenzie, 2022-CA-01175-COA (Civil – Domestic Relations)
Affirming the chancellor’s findings in a divorce proceeding, holding that the chancellor did not err in the equitable division of marital property, in determining the amount of child support, in determining the amount of alimony, or in denying the mother’s request for attorney’s fees.
(9-0: Smith did not participate)

Carr v. State, 2022-KA-00491-COA (Criminal – Felony)
Affirming conviction of first-degree murder, holding that the State did not commit prosecutorial misconduct during closing arguments such that the court was required to intervene on its own initiative.
(10-0)

Pickens v. State, 2022-KA-00822-COA (Criminal – Felony)
Affirming conviction of meth while in possession of a firearm, holding that after reviewing counsel’s Lindsey brief and independently reviewing the record that there were no errors warranting reversal.
(10-0)

Hearn v. State, 2023-CP-00275-COA (Civil – PCR)
Affirming dismissal of PCR motion, holding that the circuit court did not err in finding the motion time-barred and that no statutory exceptions applied.
(9-0: Smith did not participate)

From May 9, 2024

Daniels v. State, 2022-KA-00705-COA (Criminal – Felony)
Affirming in part and reversing in part after the the defendant was convicted of one count of manslaughter as a lesser-included offense of murder, three counts of aggravated assault, and one count of shooting into an occupied dwelling, holding that indictment’s error as to the count for murder was harmless so the conviction of the lesser-included offense of manslaughter was affirmed but holding that the indictment was legally insufficient as to aggravated assault counts and that the error was compounded by repetition in jury instructions and the State’s closing arguments.
4-1*-5: Westbrooks specially concurred, joined by McDonald, Lawrence and Smith (each of whom also joined the lead opinion); Emfinger concurred in part and dissented in part, joined by Barnes, Carlton, Wilson, and McCarty.)

Other Orders

  • Arnold v. State, 2021-KA-01426-COA (denying rehearing)
  • Rutland v. Regions Bank, 2022-CA-00720-COA (denying rehearing)
  • Malone v. State, 2022-CP-00958-COA (denying rehearing)
  • Boyett v. Cain, 2022-CP-00978-COA (denying rehearing)
  • EEECHO Inc. v. Mississippi Environmental Quality Permit Board, 2022-SA-01068-COA (denying rehearing)
  • Boyette v. State, 2022-CP-01239-COA (denying rehearing)

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Mississippi Court of Appeals Decisions of March 12, 2024

The Mississippi Court of Appeals handed down nine opinions yesterday with something for just about everyone. Read on to find yours.

Estate of Douglas v. Green, 2022-CA-00365-COA (Civil – Wills, Trusts & Estates)
Affirming on direct appeal and cross appeal in an ongoing estate saga, holding that the argument that interest should have been awarded on the return of insurance proceeds was procedurally barred, the limited award of attorney’s fees was within the trial court’s discretion, the trial court did not abuse its discretion in declining to order the return funds to a joint account, and the cross-appeal was procedurally barred because it did not provide any legal support.
(9-1-0: Wilson concurred in result only without separate written opinion)

Stewart v. Stewart, 2022-CA-01122-COA (Civil – Domestic Relations)
Affirming the chancellor’s decision on the father’s motion to modify or terminate child support, holding that the father’s obligation to pay for college under the PSA extended past the children turning 21.
(10-0)

White v. White, 2022-CP-00823-COA (Civil – Real Property)
Affirming in part and reversing in part a chancellor’s decision imposing a constructive trust and ordering the transfer of a parcel of property, reversing the chancery court’s order in limine restricting the defendant from proving affirmative defenses asserted in his answer to the initial complaint and vacating the final judgment imposing a constructive trust, while also affirming the chancery court’s determination that some of the defendant’s payments were voluntary but reversing the determination that all of the payments were voluntary.
(8-2-0: Carlton and Wilson concurred in result only without separate written opinion)

Johnson v. State, 2022-KA-00920-COA (Criminal – Felony)
Affirming conviction of one count of possession of methamphetamine and one count of trafficking Vyvanse, holding that the evidence was sufficient to support the verdict and that the verdict was not against the overwhelming weight of the evidence.
(8-2-0: McCarty concurred in part and in the result without separate written opinion; Westbrooks concurred in result only without separate written opinion)

Rambo v. Kelly Natural Gas Pipelines, LLC, 2023-WC-00402-COA (Civil – Workers’ Comp)
Affirming the MWCC’s decision denying benefits, holding that there was substantial evidence to support the MWCC’s finding that the claimant was a traveling employee but that he was not in the course of his employment when he was returning to work after a personal, unauthorized mid-week trip home.
(6-4: Carlton dissented, joined by Lawrence, McCarty, and Smith)

Practice Point – This is a friendly reminder that “course and scope” is not the test for workers’ comp cases. The MWCA casts a wider compensability net than “course and scope.” Generally, compensation must be paid for injuries “arising out of and in the course of employment.” Miss. Code Ann. § 71-3-7.

Bell v. State, 2023-CP-00631-COA (Civil – Other)
Affirming the circuit court’s denial of a petition for expungement, holding that the circuit court did not abuse its discretion because the petitioner failed to present evidence any evidence that he had been rehabilitated.
(8-2-0: Lawrence and Smith concurred in result only without separate written opinion)

Nettles v. Nettles, 2023-CA-00041-COA (Civil – Domestic Relations)
Affirming the chancery court’s decision granting the husband’s motion for involuntary dismissal, holding that the chancellor did not err in finding that the wife did not prove that she was entitled to a divorce based on habitual cruel and inhuman treatment by a preponderance of the evidence.
(6-4: Carlton, Westbrooks, McDonald, and Lawrence dissented without seprate written opinion)

Loving v. MS Eye Care, P.A., 2023-CA-00566-COA (Civil – Personal Injury)
Affirming summary judgment in a premises liability case, holding that there was no evidence that the chair the plaintiff fell backwards on was defective or unreasonably dangerous.
(9-0: Wilson did not participate)

Blackwell v. Reed, 2022-CP-01037-COA (Civil – Domestic Relations)
Affirming the chancellor’s decision denying the ex-husband’s ppetition to terminate or modify alimony, holding that the issues were procedurally barred for failure to cite legal authority or relevant parts of the record and that the appeal otherwise lacked merit.
(10-0)

Other Orders

Kirk v. Newton, 2021-CT-00683-COA (denying motion to amend judgment)

Havercome v. State, 2022-CA-00391-COA (denying rehearing)

Phillips v. MDOC, 2022-SA-00392-COA (denying rehearing)

Agee v. State, 2022-KA-00994-COA (denying pro se “request to proceed with petition for rehearing” and dismissing pro se “request to proceed with petition for post-conviction relief”)

Bumpous v. Tishomingo County School District, 2022-CA-01010-COA (denying rehearing)

Johnson v. State, 2022-CP-01186-COA (denying rehearing)

Lawson v. State, 2023-TS-01384-COA (dismissing appeal)

Gates v. State, 2024-TS-00074-COA (allowing appeal to proceed upon finding that show-cause response was well taken)

Hand Down List

Mississippi Court of Appeals Decisions of October 17, 2023

The Mississippi Court of Appeals handed down three opinions today. There is one divorce case, one direct criminal appeal, and one appeal of the dismissal of a negligence case for the plaintiff’s failure to comply with discovery and discovery-related orders from the circuit court.

Capocaccia v. Capocaccia, 2022-CA-00129-COA (Civil – Domestic Relations)
Reversing the chancellor’s findings on equitable distribution, child support, and college expenses but affirming finding that the father was in contempt, holding that the chancellor erred in the division of the marital estate without referencing or discussion the parties’ debts and assets, erred in awarding child support in excess of the statutory guidelines without specific findings supporting the deviation, and erred in assigning equal responsibility for the children’s college expenses; but that there was no reversible error in denying the father’s motion to continue contempt proceedings or in finding the father in contempt.
(8-2-0: Wilson and McDonald concurred in part and in the result without separate written opinion.)

Russell v. State, 2022-KA-00447-COA (Criminal – Felony)
Affirming conviction of first-degree murder, holding there was no error in allowing a State’s witness to narrate events depicted in a surveillance video while it was played to the jury.
(9-1-0: McDonald concurred in part and in the result without separate written opinion.)

McAlpin v. Illinois Central Railroad Company, 2022-CA-00334-COA (Civil – Other)
Affirming the circuit court’s decision granting a motion to dismiss in a negligence suit based on the plaintiff’s failure to heed court-ordered discovery requirements, holding that the trial court did not err in denying the plaintiff’s motion for additional time to comply with the scheduling order that was filed after the court had advised there would be no more extensions and on the date that the court had ordered that additional discovery responses were due and that the trial court did not err in dismissing the case with prejudice for repeated failures to comply with the court’s orders.
(10-0)

PRACTICE POINT – Here is the Court’s analysis of the facts of this case under standard in Beck v. Sapet, 937 So. 2d 945 (Miss. 2006):

Other Orders

Grantham v. Grimm, 2021-CA-01314-COA (denying rehearing)

SDBT Archives LLC v. Penn-Star Insurance Company, 2022-CA-00099-COA (denying rehearing)

Williams v. State, 2022-KA-00100-COA (denying rehearing)

Hamilton v. State, 2022-CP-00217-COA (denying rehearing)

Sanders v. Reeves, 2022-CP-01059-COA (denying rehearing)

Hand Down Page

Mississippi Court of Appeals Decisions of May 2, 2023

The Mississippi Court of Appeal handed down eight opinions today. There are five direct criminal appeals, two interesting workers’ comp cases, and a contempt proceeding in a divorce case.

Ehrhardt v. State, 2021-KA-01143-COA (Criminal – Felony)
Affirming conviction of child exploitation, holding that the trial court did not err in denying a motion to suppress items found during the execution of a search warrant of the defendant’s home based on staleness and reliability or in denying a motion for mistrial after a State’s witness testified about the lack of a defense expert and gave curative direction and an instruction to the jury, and holding that the verdict was supported by sufficient evidence and not against the overwhelming evidence of it.
(10-0)

Hawthorne v. Mississippi State Hospital, 2022-WC-00040-COA (Civil – Workers’ Comp)
Affirming on direct appeal and cross-appeal, holding that the Commission’s finding that the claimant sustained a 40% loss of industrial use of his left lower extremity was supported by substantial credible evidence and that the Commission was within its discretion to strike the IME doctor’s amended report and order the Employer/Carrier to pay all costs of the doctor’s deposition after having ex parte contact with the doctor in violation of the IME order and did not err in denying a monetary sanction.
(10-0)

Amos v. State, 2022-KA-00171-COA (Criminal – Felony)
Affirming conviction of statutory rape, holding that the admission of testimony of other was waived and/or harmless because the testimony was necessary to provide the jury with the complete story that led to the charges.
(10-0)

Liddell v. State, 2021-KA-00952-COA (Criminal – Felony)
Affirming conviction of second-degree murder, holding that the trial court did not abuse its discretion in denying a motion for mistrial after the prosecutor made multiple public comments about the case to the media.
(10-0)

Wells v. State, 2022-KA-00157-COA (Criminal – Felony)
Affirming conviction of second-degree murder and aggravated assault, holding that the circuit court did not abuse its discretion by limiting cross-examination of witnesses about whether someone else had a gun on the night in question, excluding evidence the defendant argued developed his theory of the case, or in denying a motion for mistrial on the grounds that one juror was confused through out the trial and hard of hearing.
(9-1-0: Westbrooks concurred in part and in the result without separate written opinion)

Manley v. Manley, 2021-CA-00700-COA (Civil – Domestic Relations)
Affirming the chancery court’s judgment in a contempt proceeding following a divorce, holding that the chancellor did not abuse his discretion in awarding payment of back-owed portions of retirement pay and did not err in finding that the father was not entitled to a credit towards his child support obligations for in-kind contributions and thus awarding back-owed child support.
(7-1-2: Emfinger concurred in part and in the result without separate written opinion; Carlton concurred in part and dissented in part, joined by Barnes.)

Parker v. Canton Manor and Mississippi Healthcare Association, 2022-WC-00206-COA (Civil – Workers’ Comp)
Reversing the MWCC’s decision dismissing the claimant’s two claims based on the two-year statute of limitations, holding that the “substantial evidence” standard did not apply because the Commission did not make any finds of fact based on evidence and that the Commission erred by granting a motion to dismiss because the allegations in the Petition on its face stated a claim and the Employer/Carrier presented no evidence to support its affirmative defense.
(8-2-0: Barnes and Westbrooks concurred in result only without separate written opinion)

Practice Point – The Court of Appeals applied the Miss. R . Civ. P. 12(b)(6) standard to the Employer/Carrier’s motion to dismiss. Here is the crux of the opinion (from paragraph 11):

Applewhite v. State, 2022-KA-00290-COA (Criminal – Felony)
Affirming conviction of capital murder and aggravated assault, both with firearm aggravation, holding that the verdict was supported by sufficient evidence and was not against the overwhelming weight of it.
(8-2: Westbrooks dissented, joined by McDonald)

Other Orders

Lofton v. Lofton, 2021-CA-00035-COA (granting appellate attorney’s fees and costs)

Boutwell v. Fairchild, 2021-CA-01046-COA (denying rehearing)

Fox v. State, 2022-KA-00988-COA (denying motion for bail pending appeal)

Hand Down Page

Mississippi Court of Appeals Decisions of February 28, 2023

The Mississippi Court of Appeals handed down three opinions today. Two are domestic relations cases: one dealing with child support and the other primarily dealing with custody. The third decisions is a PCR case.

Everett v. State, 2021-CP-01415-COA (Civil – PCR)
Affirming summary denial of a motion for PCR alleging an illegal sentence, holding no error because the sentence imposed was the maximum punishment authorized by statute at the time.
(7-2-0: Westbrooks and McDonald concurred in result only; Smith did not participate)

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White v. White, 2021-CA-01074-COA (Civil – Domestic Relations)
Affirming the chancellor’s decision ordering past-due child support for the period of time from when the parties’ youngest child turned 18 until she turned 21, holding that there was no evidence presented that the child was emancipated before turning 21.
(10-0)

Latham v. Latham, 2022-CA-00363-COA (Civil – Domestic Relations)
Affirming chancellor’s divorce judgment, holding that the chancellor did not err in the application of the Albright factors or in finding that one party did not provide a financial disclosure to the court.
(9-1-0: McCarty concurred in part and in the result without separate written opinion)

Other Orders

Tennesen v. City of Hattiesburg, 2021-CA-00137-COA (denying rehearing)

Wallace v. State, 2021-CP-01149-COA (denying rehearing)

Hand Down List