Tag: Custody

Mississippi Supreme Court Decisions of May 2, 2024

The Mississippi Supreme Court handed down two opinions yesterday. One is a temporary custody case that the Court took up on interlocutory appeal and the other is the conclusion of a major school-funding case.

Hinds v. Caldwell, 2023-IA-00813-SCT consolidated with 2023-IA-00839-SCT (Civil – Custody)
Reversing the chancellor’s temporary order granting durable legal and physical custody of a foster child and dismissing CPS, holding that the chancellor erred by divesting CPS of custody and dismissing CPS without a hearing.
(9-0)

Midsouth Ass’n of Independent Schools v. Parents for Public Schools, 2022-SA-01129-SCT (Civil – Unconstitutional Statute)
Vacating the chancellor’s decision that two statutes creating and funding a grant program for schools, holding that the petitioner organization failed to demonstrate an adverse impact sufficient to grant associational standing or prove that it had taxpayer standing.
(7-2: King dissented, joined by Kitchens)

Other Orders

  • Washington v. State, 2021-CT-01384-SCT (denying cert)
  • Stratton v. McKey, 2023-CP-00451-SCT (denying rehearing)
  • Farr v. The Mississippi Bar, 2023-BD-01391-SCT (granting leave to resign in good standing from the practice of law)

Hand Down List

Mississippi Court of Appeals Decisions of March 5, 2024

I’m back. Again. I would like to think I will go back and summarize the last few weeks that I have missed but that is probably water under the bridge at this point. Pressing forward, the Mississippi Court of Appeals handed down seven opinions today. These decisions cover custody, felonies, personal injury, unemployment, and zoning. Notably, two criminal convictions were reversed.

Patrick v. Patrick, 2021-CA-00891-COA (Civil – Custody)
Affirming the chancery court’s denial of the mother’s petition for contempt and modification and granting the father’s motion for modification, holding that the issue of custody was clearly before the chancellor who properly determined that there was a material change in circumstances that adversely affected the children, conducted a proper Albright analysis, and was within his discretion to order a change in legal and physical custody.
(8-1-1: McCarty concurred in part and in the result and McDonald concurred in part and dissented in part. Neither wrote.)

Allen v. State, 2022-KA-00419-COA (Criminal – Felony)
Reversing convictions six counts of statutory rape, holding that the jury was not properly instructed as to the State’s burden of proof and remanding for a new trial.
(9-1-0: McDonald concurred in result only without writing.)

Practice Point: The erroneous instruction was submitted by the defense, but the Court noted that the “invited-error doctrine” did not apply where the jury was not properly instructed on the elements of the crime. Here is the Court’s summary of the issues with the jury instructions:

Fletcher v. State, 2022-KA-00868-COA (Criminal – Felony)
Affirming conviction of capital murder and sentence as habitual offender, holding that the trial court did not err when it failed to suppress the defendant’s statement to law enforcement officials.
(10-0)

The Avion Group, Inc. v. The City of Oxford, 2023-CA-00169-COA (Civil – Other)
Affirming the circuit court’s decision denying an ordinance variance to repair a wall/fence that enclosed the petitioner’s property, holding that the petitioner did not waive its challenge to the city’s code interpretation but that the circuit court’s interpretation of the code provisions at issue were not erroneous.
(10-0)

Carter v. C&S Canopy, Inc., 2022-CA-00730-COA (Civil – Personal Injury)
Affirming summary judgment in favor of a driver and his employer in an auto-negligence case, holding that there was no evidence to support the plaintiff’s claim that the driver negligently continued to drive a “sluggish” truck on the interstate, that the defendants were negligent in their efforts to get the truck towed, that the location of reflective triangles was the proximate cause of the crash, that the defendant could have safely moved the disabled truck anywhere other than where he did, that the driver should have registered as a for-hire carrier, or that the employer negligently failed to train the driver.

Appellate Math Warning: None of us signed up for this.

Marshall v. State, 2022-KA-00541-COA (Criminal – Felony)
Reversing conviction of first-degree murder, holding that the circuit court erred in denying the defense’s peremptory strikes of three jurors, holding that the defense provided valid, race-neutral reasons for the strikes.
(10-0)

Cain v. M.D.E.S., 2023-CC-00188-COA (Civil – State Boards & Agencies)
Affirming denial of claim for unemployment benefits, holding that the circuit court properly dismissed the claimant’s appeal of denial as untimely.
(10-0)

Other Orders

Walker v. State, 2022-KA-00482-COA (denying rehearing)

Gregory Meridian Acquisition, LLC v. McFarland, 2022-CA-00580-COA (denying rehearing)

Fox v. Fox, 2022-CA-00918-COA (denying rehearing)

Hand Down Page

Mississippi Court of Appeals Decisions of November 14, 2023

The Mississippi Court of Appeals handed down seven opinions today. They cover custody, personal injury, felonies, and PCR. One of the personal injury cases stems from an injury sustained during a “TikTok challenge” in a classroom.

Croom v. State, 2022-KA-00598-COA (Criminal – Felony)
Affirming conviction of burglary of a dwelling and conspiracy to commit burglary of a dwelling, holding that the trial court did not err by refusing to instruct the jury on the lesser-included offense of trespass and that the evidence was sufficient to support the conviction of conspiracy.
(9-1-0: Westbrooks concurred in result only without separate written opinion)

Snyder v. Estate of Cockrell, 2022-CA-00597-COA (Civil – Torts)
Affirming summary judgment in a negligence case a man filed against his grandfather’s estate after a child caused the grandfather’s golf cart to run into the plaintiff, holding that in the plaintiff could not prove a breach of duty where there was only speculation about the grandfather’s conduct after he finished operating the golf cart.
(8-2-0: McDonald concurred in part and in result without written opinion; Westbrooks concurred in result only with separate written opinion)

Johnson v. State, 2022-CP-01186-COA (Civil – PCR)
Affirming denial of PCR motion, holding that the petitioner failed to present evidence other than his bare assertions that his plea was involuntary and that the trial court did not abuse its discretion in not granting the petitioner an evidentiary hearing.
(10-0)

Scott v. Le, 2022-CA-00887-COA (Civil – Custody)
Affirming the chancellor’s custody award, holding that the chancellor’s finding that there was a material change in circumstances and the chancellor’s application of the Albright factors to to deny the mother’s request for sole physical custody and grant the father’s request for sole physical custody was supported by substantial evidence.
(10-0)

Taylor v. State, 2022-KA-01042-COA (Criminal – Felony)
Affirming conviction of attempted murder and two counts of possession of a controlled substance, holding that evidence of prior arrests did not constitute evidence of prior bad acts under Rule 404(a) because it was offered as the foundation of a witness’s identification of the defendant and that would have been otherwise admissible under the exception in 404(b), that it passed the 403 balancing and, even if it was not admissible, it would have been harmless error.
(9-1-0: Westbrooks concurred in part and in the result without writing)

Brown v. State, 2022-KA-00446-COA (Criminal – Felony)
Affirming conviction of first-degree murder and shooting into a vehicle, holding that the evidence was sufficient to support the convictions, that the defendant waived the issue of the judge’s refusal of a second-degree murder instruction when trial counsel did not object and agreed with the judge’s decision, and there was no merit to the claim that a clinical and forensic psychological expert was pressured into proceeding with an independent psychological examination without all of the records he had requested.
(10-0)

Bumpous v. Tishomingo County School District, 2022-CA-01010-COA (Civil – Personal Injury)
Affirming summary judgment in favor of the school district in a negligent supervision after a student was injured in a class room after falling victim to a “TikTok challenge,” holding that that the injury was not reasonable foreseeable and there was no genuine issue of material fact that would warrant reversal of the summary judgment.
(6-2-2: Westbrooks and McDonald concurred in part and in the result without written opinion; McCarty dissented, joined by Carlton, and joined in part by Westbrooks and McDonald)

Other Orders

Smith v. State, 2026-KA-01946-COA (denying pro se motion to recall mandate and allow untimely motion for rehearing)

Hall v. State, 2022-CP-01097-COA (recalling mandate and allowing appellant’s timely pro se motion for rehearing to proceed on the merits)

McGee v. State, 2023-KA-00083-COA (remanding to the circuit court for forty-five days for a hearing consistent with Mississippi Rule of Appellate Procedure 6(c)(2) and an order)

Patton v. State, 2023-TS-00618-COA (allowing timely appeal to proceed on the Court’s own motion)

Crump v. State, 2023-TS-00795-COA (allowing timely appeal to proceed on the Court’s own motion)

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Mississippi Court of Appeals Decisions of October 10, 2023

The Mississippi Court of Appeals handed down nine opinions today. All but three are direct criminal appeals. Of the six direct criminal appeals, two are reversals. On the non-criminal side of the ledger are an MDES case, a custody decision, and a tangled web of a case stemming from the sale of a log house.

Crutchfield v. State, 2022-KA-00815-COA (Criminal – Felony)
Affirming conviction of first degree murder and felon in possession of a firearm, holding that the verdict was supported by sufficient evidence and that it was not against the overwhelming weight of the evidence.
(10-0)

Hoffman v. MDES, 2022-CC-00948-COA (Civil – State Boards & Agencies)
Affirming denial of a claim for unemployment benefits based on the COVID-19 pandemic, holding that substantial evidence supported the finding that bank statements alone did not provide sufficient evidence of self-employment income, that the claimant’s right to a fair hearing was not violated, and that the claimant was required to repay an overpayment amount.

(8-1-0: Wilson concurred in part and in the result without separate written opinion.)

Jackson v. State, 2022-KA-00009-COA (Criminal – Felony)
Reversing murder conviction, holding that the evidence was insufficient to support the conviction where the State’s case rested entirely on circumstantial evidence of motive and proximity.
(6-1-3: Wilson concurred in part and in the result without written opinion; Westbrooks concurred in part and dissented in part without written opinion; Emfinger dissented, joined by Greenlee)

NOTE – Here is the heart of the Court’s reasoning:

Rodgers v. State, 2022-KA-00179-COA (Civil – Felony)
Affirming conviction of possession of meth but reversing conviction of conspiracy to sell meth, holding that there was insufficient evidence of the conspiracy count because the alleged co-conspirator was not aware of the alleged conspiracy.
(7-1-0: McDonald concurred in part and in result without written opinion; Westbrooks and Emfinger did not participate.)

White v. State, 2022-KA-00607-COA (Criminal – Felony)
Affirming conviction or armed robbery, holding that the trial court did not err in admitting the defendant’s admissions of guilt during his interrogation because the admission was freely and voluntarily made and because the probative value was not substantially outweighed by the danger of unfair prejudice.
(10-0)

Young v. Niblett, 2022-CA-00294-COA (Civil – Custody)
Affirming the chancellor’s decision modifying custody and awarding sole physical custody to the father, holding that the evidence supported the chancellor’s determination that there was a material change in circumstances and holding that the chancellor’s failure to include a summary of the GAL’s qualifications along with the summary of the GAL’s recommendations was not reversible error.
(10-0)

Britt v. Orrison,  2022-CP-00165-COA (Civil – Other)
Affirming in part and reversing in part the chancery court’s dismissal of a petition for contempt, holding that the Court lacked jurisdiction to consider the issue of the appellant’s request for costs stemming from a prior appeal and that the chancellor did not abuse his discretion in denying a motion to recuse, but that the chancellor erred in dismissing the petition for contempt with respect to the sale of a log house.
(8-1-0: Wilson concurred in result only without written opinion; Lawrence did not participate.)

NOTE – There is a lot of procedural background and litigation background in this opinion that I have not delved into.

Kirkland v. State, 2022-KA-00851-COA (Criminal – Felony)
Affirming conviction of nine counts of touching a child for lustful purposes, holding that the circuit court did not err in denying a motion to sever and hold three different trials for each of the three victims and or in finding no discovery violation when the State did not tell the defense that one of the victims had her disclosure date tattooed on her wrist.
(8-1-0: McCarty concurred in part and in the result without written opinion; Smith did not participate.)

Bolton v. State, 2022-KA-01118-COA (Criminal – Felony)
Affirming conviction of business burglary, holding that the trial court did not err in denying the defendant’s request for a larceny instruction and that there was no error in denying the motion for new trial because the verdict was not against the overwhelming weight of the evidence.
(9-1: McDonald dissented without written opinion.)

Other Orders

Gussio v. Gussio, 2020-CA-00785-COA (denying motion for appellate attorney’s fees)

Manley v. Manley, 2021-CA-00700-COA (denying rehearing)

Knight v. State, 2021-CP-01192-COA (denying rehearing)

Prather v. State, 2021-KA-01416-COA (denying rehearing)

Brown v. State, 2022-CP-00069-COA (denying rehearing)

Brandi’s Hope Community Services, LLC v. Walters, 2022-CA-00188-COA (denying rehearing)

Keller v. State, 2023-TS-00901-COA (granting time to respond to show cause notice)

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Mississippi Court of Appeals Decisions of August 22, 2023

The Mississippi Court of Appeals handed down five opinions today. There are two direct criminal appeals, two custody cases, and a real property case deciding the parties’ respective rights to a common wall that gave me bar exam flashbacks.

In the Matter of the Guardianship of B.P., 2021-CA-01288-COA (Civil – Custody)
Affirming the chancellor’s order in a custody matter, holding that the chancellor did not err in finding that the child’s appointed guardians successfully rebutted the natural parent presumption and that it was in the child’s best interest to remain in the guardians’ custody.
(8-1-1: No separate opinions. Westbrooks concurred in the result only and McDonald concurred in part and dissented in part without separate written opinion.)

Ndicu v. Gacheri, 2022-CA-00415-COA (Civil – Custody)
Affirming the chancellor’s judgment in a custody matter, holding that the chancellor did not manifestly abuse his discretion by denying the father’s request for past child support and education expenses.
(10-0)

Kelly v. State, 2022-KA-00577-COA (Criminal – Felony)
Affirming conviction of capital murder, holding that the circuit court did not err in denying the defendant’s motion for new trial based on an allegation that a juror misrepresented her lack of familial relationship with the victim where the claimed familial relationship was not supported by credible evidentiary support and, even if there was a familial relationship, there was no evidence the juror knew about it when she said she was not related to the defendant.
(8-1-1: No separate opinions. Westbrooks concurred in result only; McDonald dissented.)

NOTE – The alleged familial relationship surfaced when a member of the defendant’s family sent the juror in question a Facebook message:

LIFE TIP – Do not message jurors.

Alford v. Cotton Row Hospitality, LLC, 2022-CA-00125-COA (Civil – Real Property)
Affirming in part and reversing in part on direct appeal and cross-appeal in a case about a common wall between two properties in a downtown area, holding that Side A of the wall had established a prescriptive easement for the use of the wall but did not obtain an ownership interest by adverse possession of the wall that was located on Side B’s property and included in Side B’s deed, that there was no equitable need for Side B to sell the wall to Side A, and that Side A did not have to reimburse Side B for its expense in supporting the wall Side B incurred after tearing down the other three walls of Side B’s property.
(10-0)

NOTE – This opinion also discusses the doctrine of unclean hands (it did not apply) and the adequacy of pleading the prescriptive easement claim (it was adequate).

Smith v. State, 2020-KA-00774-COA (Criminal – Felony)
Affirming conviction of assault and possession of a firearm by a felon, holding that the trial court committed harmless error (i.e. not plain error) by giving a pre-arming jury instruction that was not objected to, that the evidence was sufficient to establish the defendant’s identity, that the trial court did not err in giving a flight instruction where the defendant did not provide an independent and uncontradicted reason for his flight, and that the defendant’s trial counsel was not ineffective.
(8-2: Emfinger dissented, joined by Wilson.)

NOTE – The dissent’s position is that the defendant’s appeal of his conviction and sentence was not properly before the court:

Other Orders

Friley v. State, 2021-KA-00791-COA (granting pro se motion for time for rehearing motion)

Renfroe v. Parker, 2021-CA-01048-COA (denying rehearing)

McFarland v. State, 2021-CA-01311-COA (denying rehearing)

Everett v. State, 2021-CP-2021 (denying rehearing)

Fagan v. Faulkner, 2022-CA-00130-COA (denying rehearing)

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Mississippi Supreme Court Decisions of August 10, 2023

The Mississippi Supreme Court handed down two decisions today. Both are domestic relations cases involving with children (custody and visitation). Both are reversals (one reversed the Court of Appeals and affirmed the chancellor while the other reversed the chancellor). Both are authored by Justice Beam.

Blagodirova v. Schrock, 2020-CT-01162-SCT (Civil – Custody)
Reversing a 4-2-4 Court of Appeals decision and reinstating and affirming the chancellor’s ruling in a custody matter, holding that there was substantial evidence in the record to support the chancellor’s finding of a material, substantial, and adverse change in circumstances that warranted custody modification.
(9-0)

NOTE – Here is the Court’s recap of the circumstances at issue:

Brownlee v. Powell, 2022-CA-00196-SCT (Civil – Domestic Relations)
Reversing the chancellor’s decision on an unmarried, non-parent, former live-in partner’s petition for in loco parentis visitation rights, holding that the chancellor erred in finding that the petitioner lacked standing without citing Mississippi law and in disposing of the case under 12(b)(6); that there was no plain error in the chancellor considering text messages without allowing other evidence; and that the chancellor erred in finding the petition frivolous and awarding attorney’s fees.
(6-3-0: Kitchens concurred in result only, joined by King and Griffis, and joined in part by Ishee.)

NOTE – The person seeking visitation won a trip back to the trial court, but I don’t read this opinion as blazing path to victory on the merits. Here are a few excerpts

and…

and…

and…

Other Orders

McPhail v. McPhail, 2020-CA-00739-SCT (denying petition construed by the Court as one for rehearing as untimely)

Moreland v. Spears, 2021-CT-00714-SCT (denying cert)

Norwood v. State, 2021-KA-00903-SCT (denying rehearing)

Brooks v. Jeffreys, 2021-CT-01113-SCT (denying cert)

Simoneaux v. State, 2022-CT-00532-SCT (dismissing cert petition)

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Mississippi Court of Appeals Decisions of July 25, 2023

The Mississippi Court of Appeals handed down five opinions today covering diverse subject matter. There is a zoning exception case, a custody case, a personal injury case considering a grant of summary judgment in a slip-and-fall case, a marital property division case analyzing whether a PSA was ambiguous, and a PCR case with a concurrence discussing Howell/Rowland I/Rowland II.

Keenum v. City of Moss Point, 2021-CA-01044-COA (Civil – Other/Zoning)
Reversing the circuit court’s decision that affirmed the mayor’s decision to approve a special exception to a zoning ordinance, holding that the decision to allow a for-profit development in a residential-zoned area under an exception for “semi-public recreational area” (which was not defined in the ordinance) was reversible error because that reading would render the prohibition against “commercial use” in the ordinance meaningless.
(8-1-0: McDonald concurred in part and in the result without separate written opinion; Lawrence did not participate.)

D.W.K. v. Youth Court of Lincoln County, 2019-CP-00451-COA; 2020-CP-01307-COA (Civil – Custody)
Affirming the youth court’s denial of motions to consider new evidence two years after adjudication of abuse and neglect and placement of five minor children with their maternal aunt, holding that the youth court had jurisdiction; service of process was proper; that the youth court’s decision was not manifestly wrong or erroneous, was based on substantial evidence, and favored the best interest of the children; and that the record on appeal was sufficient.
(10-0)

Babin v. Wendelta, Inc., 2022-CA-00341-COA (Civil – Personal Injury)
Reversing the circuit court’s grant of summary judgment for a fast food restaurant in a slip-and-fall case, holding that “the record contained ample proof” of a dangerous condition where multiple witnesses including restaurant employees testified that the mat was slippery on the date of the fall and that the vestibule where the mat was located held condensation.
(9-1-0: Lawrence concurred in result only WOSWO.)

Practice Point – I have noticed ANSI standards appearing more frequently in my practice. I suspect these two sentences will make their way into more than one brief:

Blanchard v. Blanchard, 2022-CA-00356-COA (Civil – Domestic Relations)
Reversing the chancery court’s ruling based on parol evidence after finding that a Property Settlement Agreement was ambiguous, holding that the PSA was unambiguous and that it entitled the ex-husband to half of the net proceeds of the sale of the former marital home even though the ex-wife had refinanced the home.
(10-0)

Roberson v. State, 2021-CA-01182-COA (Civil – PCR)
Affirming order granting in part and denying in part a PCR motion, holding that the petitioner was not entitled to an exception from the statutory bars and that, in any event, there was no merit to his claim that his plea was involuntary or that his counsel was ineffective.
(6-4-0: Westbrooks, McDonald, and McCarty concurred in part and in the result WOSWO; Wilson concurred in part and in the result, joined by McDonald and McCarty and joined in part by Westbrooks.)

Note – Judge Wilson’s concurrence discussed the state of the “fundamental-rights exception” in light of the Mississippi Supreme Court in Howell overruling Rowland I and Rowland II, and noted that the Supreme Court had not squarely addressed whether the successive motions bar is substantive or procedural:

Other Orders

Buchanan v. State, 2021-CP-01069-COA (denying rehearing)

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Mississippi Court of Appeals Decisions of January 3, 2023

Happy New Year! The courts are back in action so I am too. The first hand down list of 2023 has four opinions from the Mississippi Court of Appeals. Two are personal injury cases, one is a custody modification case, and the other is a PCR case.

Mallard v. State, 2022-CA-00152-COA (Civil – PCR)
Affirming the denial of a PCR motion, holding that the plaintiff’s right to a speedy trial was not violated and that a discrepancy in the sentencing order and transcript was a scrivener’s error not warranting reversal.
(10-0)

Yarborough v. Singing River Health Systems, 2021-CA-00668-COA (Civil – Personal Injury)
Affirming judgment in favor of the defendant hospital after a bench trial in a negligence suit stemming from a fall while the plaintiff was get onto a medical transport bus, holding that the duty owed was the duty owed to an invitee and there was no evidence that the steps to the bus were not reasonably safe, that the decision was not against the weight of the evidence, that the trial court did not err in excluding testimony that the driver was in the habit of of being late, and that an objective person could not find the judge biased based on a comment she made while stepping down from the bench.
(7-2-0: Judge Westbrooks and Judge McDonald concurred in the result only without separate written opinion; Judge Lawrence did not participate)

Moreland v. Spears, 2021-CA-00714-COA (Civil – Custody)
Affirming modification of custody and visitation, holding that the chancellor did not abuse his discretion by awarding the mother sole legal custody, by restricting the father’s visitation, or by not finding the mother in contempt for withholding visitation during March 2020 while the COVID “stay-home order” was still active.
(10-0)

COVID AND THE LAW – The father argued that the mother should be held in contempt for withholding a visitation that was due to occur during the March 2020 COVID shutdown. The mother testified that she tried to set up alternate times but the father refused. The Court of Appeals held that the particular facts of this case supported the chancellor’s decision of no contempt:

Cornell v. MDHS, 2021-SA-00784-COA (Civil – Personal Injury)
Affirming in part and reversing in part summary judgment in favor of MDHS in a case alleging that MDHS placed the plaintiff in foster care with a know pedophile, holding that MDHS is statutorily immune from suit regarding the investigation and licensing of the foster parents’ home but reversing the grant of summary judgment on the issues of whether MDHS’s failure to report allegations of abuse and MDHS’s failure to conduct required visits were the proximate cause of continued abuse.
(8-2: Judge Wilson concurred in part and dissented in part, joined by Chief Judge Barnes)

Other Orders

Edwards v. State, 2021-KA-00261-COA (denying rehearing)

Virden v. Campbell Delong, LLP, 2021-CA-00478-COA (denying rehearing)

Hand Down List

Mississippi Supreme Court Decisions of December 1, 2022

The Mississippi Supreme Court handed down two opinions today. The first addresses the applicable standards for taking testimony of minors 12 or older in custody disputes. The other is a 5-4 split on whether a minor can be bound by a noncompete that covers intellectual property and provides for liquidated damages under the exception for contracts “affecting personal property.”

Denham v. Denham, 2020-CT-00675-SCT (Civil – Custody)
Affirming and part and reversing in part a chancellor’s rulings in a custody dispute, holding that the chancellor applied the incorrect legal standard in deciding that the children could not testify and erred by failing to record the in-chambers interviews, that a parent does not have an absolute right to call an unemancipated teenager to testify in open court, and that if one parent is permitted to present evidence of adultery the other parent must also have the opportunity to present such evidence.
(9-0)

NOTE – This opinion has an interesting discussion of the tender years exception as it applies to teenagers on page 13:

Watercolor Salon, LLC v. Hixon, 2021-IA-01151-SCT (Civil – Contract)
Affirming the trial court’s denial of a salon’s motion for TRO and preliminary injunction against a former employee who was 20-years-old when she signed a noncompete, holding that it was not fundamentally a contract affecting personal property and that it was unenforceable since the former employee disaffirmed the contract.
(5-4: Chief Justice Randolph concurred in part and dissented in part, joined by Justice Chamberlin, Justice Ishee, and Justice Griffis.)

NOTE – Here is the Court’s summary of its rationale for its holding that the employment contract was not a contract “affecting personal property”:

Other Orders

Loden v. State, 2002-DP-00282-SCT (granting motion to set execution date)

Brewer v. Bush, 2020-CT-00214-SCT (denying cert)

Gordon v. Dickerson, 2020-CT-00601-SCT (denying rehearing)

Seals v. Stanton, 2020-CA-00741-SCT (denying rehearing)

Pipkin v. State, 2021-CT-00517-SCT (denying cert)

Pickle v. State, 2021-CT-00972-SCT (denying cert)

Luster v. State, 2022-M-00248 (granting application for leave to proceed on filing petition for post-conviction collateral relief in the trial court)

Hand Down List

Mississippi Court of Appeals Decisions of November 1, 2022

The Mississippi Court of Appeals kicked off November with eight opinions. There are two domestic cases dealing with custody and divorce, a personal injury case adjacent to a workers’ comp claim with a statute of limitation issue, two reversals in administrative cases (MDES and MDHS), two PCR cases, and one criminal case.

Jarvis v. State, 2021-CP-00930-COA (Civil – PCR)
Affirming denial of PCR motion, holding that the plaintiff’s guilty plea waived his defective-indictment claim based on alleged insufficiency in the State’s evidence and that his ineffective assistance claim lacked merit.
(9-1-0: Judge Wilson concurred in part and in the result without separate written opinion.)

Blagodirova v. Schrock, 2020-CA-01162-COA (Civil – Custody)
Affirming in part and reversing in part a chancellor’s child-custody modification order, holding that the chancery court manifestly erred by finding an adverse effect on the child, did not err in denying attorney’s fees, and did not abuse its discretion in denying a motion to compel completion of a financial disclosure statement.
(4-2-4: Judge Emfinger concurred in part and in the result without separate written opinion; Judge McCarty concurred in the result only without separate written opinion; Judge Carlton concurred in part and dissented in part, joined by Chief Judge Barnes, Judge Greenlee, and Judge Smith.)

Baughman v. Baughman, 2021-CA-00074-COA (Civil – Domestic Relations)
Affirming in part and reversing in part on an appeal and cross-appeal from a divorce proceeding, affirming denial of the ex-husband’s claim for separate maintenance, affirming the denial of divorce on the grounds of adultery, and reversing the denial of divorce on the ground of habitual cruel and inhuman treatment.
(5-4-0: Judge Emfinger concurred in part and in the result without separate written opinion; Judge Wilson, Judge Greenlee, and Judge Lawrence concurred in the result only without separate written opinion; and Judge Carlton did not participate.)

Keys v. Rehabilitation, Inc., 2021-CA-01338-COA (Civil – Personal Injury)
Affirming dismissal of certain claims as barred by the statute of limitations, holding that the plaintiff’s claims against a third-party (not the Employer, Carrier, or TPA) arising from the utilization review process in the course of his treatment for a workers’ comp injury were barred by the three-year statute of limitations.
(9-0: Judge Emfinger did not participate.)

NOTE – A critical aspect of this decision was that the lawsuit did not arise from the denial of workers’ comp benefits:

Bowman v. State, 2020-KA-01371-COA (Criminal – Felony)
Affirming conviction of second-degree murder and tampering with evidence, holding that the trial court did not err in allowing the state medical examiner to testify about the cause and manner of death, in denying motions to suppress evidence seized at the defendant’s Mississippi property and in his vehicle in Utah, in denying a flight-evidence motion in limine and giving a flight-evidence jury instruction, or in refusing the defendant’s request for additional circumstantial evidence instructions, and that the convictions were not against the overwhelming weight of the evidence and were based on sufficient evidence.
(7-2-0: Judge McCarty and Judge Emfinger concurred in part and in the result without separate written opinion; Judge Smith did not participate.)

MDHS v. Reaves, 2021-SA-01133-COA (Civil – State Boards and Agencies)
Reversing the chancery court’s order directing MDHS to reimburse the plaintiff for past child-support payments, holding that reimbursement was improper because a noncustodial parent cannot recover the child-support payments he made on behalf of his child.
(7-3: Judge McDonald concurred in part and in the result without separate written opinion; Judge Wilson and Judge Westbrooks concurred in result only without separate written opinion.)

Wallace v. State, 2021-CP-01149-COA (Civil – PCR)
Affirming the circuit court’s denial of the plaintiff’s second PCR petition, holding that the court did not err when it was not persuaded that the guilty plea lacked a factual basis and was involuntary, that the indictment was defective, or that counsel was ineffective.
(9-1-0: Judge Wilson concurred in the result only without separate written opinion.)

Vector Transportation Co. v. MDES, 2021-CC-00576-COA (Civil – State Boards and Agencies)
Reversing the circuit court’s judgment affirming the MDES Board of Review’s determination that an employee was entitled to unemployment benefits, holding that the employer met its burden of proof to show that the employee’s termination was for misconduct.
(6-3: Judge McDonald concurred in part and dissented in part; Judge Westbrooks dissented, joined by Judge Wilson and joined in part by Judge McDonald; Chief Judge Barnes did not participate.)

Other Orders

Simpson v. State, 2021-KA-00075-COA (denying rehearing)

Terpening v. F.L. Crane & Sons, Inc., 2021-CA-00544-COA (denying rehearing)

Hand Down List