Tag: Divorce

Mississippi Court of Appeals, Decisions of August 11, 2026

The Mississippi Court of Appeals handed down five opinions today. We got a real property special exception case, a PCR case, a products liability case, a distribution of marital property case, and a direct criminal appeal.

City of Natchez v. Banks, 2025-CA-00408-COA (Civil – Real Property)
Affirming the Circuit Court’s decision reversing the Natchez Planning Commission, holding that the Commission acted outside its apparent authority by revoking a special exception.
(10-0: Emfinger for the court)

Robertson v. State, 2025-CP-00806-COA (Civil – PCR)
Affirming dismissal of a PCR motion seeking relief from partial revocation of suspended sentence, holding that the circuit court did not err in summarily dismissing the claim.
(10-0: Emfinger for the court)

McGilberry v. SVP Sewing Brands, LLC, 2025-CA-00904-COA (Civil – Other Torts)
Affirming the Circuit Court’s grant of summary judgment dismissing a product liability case, holding that the plaintiff did not come forward with evidence to prove causation.
(10-0: Emfinger for the court)

Practice Point – This is not something you want to read:

Winton v. Dean, 2024-CA-01326-COA (Civil – Domestic Relations)
Affirming the Chancellor’s property division decision, holding that the chancellor did not err in the methodology or calculation with respect to the application of COLA to one side’s PERS benefits.
(7-3-0: Westbrooks for the court; Carlton, Wilson, and Emfinger concurred in result only without writing)

Thompson v. State, 2024-KA-01296-COA (Criminal – Felony)
Affirming conviction of first degree murder, holding that the defendant’s rights under the Confrontation Clause were not violated because the statement at issue was made during an emergency and was non-testimonial in nature and that the trial court did not abuse its discretion in refusing a stand your ground jury instruction.
(7-2-1: Weddle for the court; Carlton, Wilson, and McDonald concurred in part and in the result without writing; Westbrooks concurred in part and dissented in part, joined by McDonald)

Other Orders

  • Stallworth v. State, 2026- TS-00431-COA (suspending the deadline to appeal)

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Mississippi Court of Appeals Decisions of July 28, 2026

The Mississippi Court of Appeals handed down twelve opinions yesterday. One of my cases was in the mix which always derails my focus for the day. That is my excuse for the delay. Among the opinions are several direct criminal appeals, a workers’ comp case, a premises liability case, and two dismissals for lack of appellate jurisdiction. My case survived a jurisdictional challenge and then turned on whether the chancery court erred in deciding that a probated claim stemming from a divorce judgment was satisfied.

Greater New Hamilton Grove Baptist Church v. Hamilton Grove Missionary Baptist Church, 2025-CA-01008-COA (Civil – Real Property)
Dismissing the appeal of an order dissolving a preliminary injunction in an interment dispute, holding that the issue was moot and the court was without jurisdiction.
(10-0: Lassitter St. Pe’ for the Court)

Ajinomoto Foods North America v. Christy Moore, 2025-WC-01107-COA (Civil – Workers’ Comp)
Affirming the MWCC’s decision, finding that the claimant suffered a total occupational loss of use in both hands and work-related osteoarthritis and awarding permanent total disability benefits, holding that the commission did not err in applying the Jensen presumption and that its decision that the osteoarthritis was compensable was based on substantial credible evidence.
(10-0: Lassitter St. Pe’ for the Court)

Wilson v. State, 2024-KA-00725-COA (Criminal – Felony)
Affirming conviction of felonious child abuse, holding that the issue of whether cross-examination was limited in violation of the defendant’s due process rights was procedurally barred, that the trial court did not abuse its discretion in precluding certain testimony, that the trial court did not abuse its discretion denying a motion for mistrial after the State defied instructions not to introduce youth court rulings, that argument regarding the trial court not precluding evidence about false confessions was procedurally barred and without merit, that the trial court does not abuse its discretion in instructing the jury, that the evidence was sufficient to support the conviction, and that the cumulative error doctrine did not apply.
(8-2-0: Emfinger for the Court; McDonald concurred in part and in the result without writing; Westbrooks concurred in result only without writing)

Walley v. State, 2024-KA-01443-COA (Criminal – Felony)
Affirming conviction of uttering forgery and identity theft, holding that the trial court did not abuse its discretion in prohibiting the introduction of some evidence and limiting cross-examination about a prior indictment.
(9-1-0: Lawrence for the Court; McDonald concurred in part and in the result without writing)

C.D.M. v. Lee County Dept. of Child Protection Services, 2024-CP-01427-COA (Civil – Other)
Affirming the youth court’s decision terminating parental rights, holding that the youth court’s decision was based on sufficient evidence. (9-1-0: Wilson for the Court; Westbrooks concurred in result only without writing)

Gallion v. State, 2025-KA-00061-COA (Criminal – Felony)
Affirming conviction of manslaughter, holding that the trial court properly sustained an objection to prosecutorial misconduct and that further arguments on that issue were waived for failure to request a contemporary jury instruction or to move for mistrial, that a hearsay objection should have been sustained but was harmless error, those arguments regarding police officer opinion testimony was waived, that the trial court did not abuse its discretion in admitting photographs of the victim, and that the evidence was sufficient to support the verdict and that it was not against the overwhelming weight of the evidence.
(10-0: Wilson for the Court)

Brown v. State, 2024-KA-01376-COA (Criminal – Felony)
Affirming convictions of murder and being a felon in possession of a firearm, holding that the trial court did not err in denying a Batson challenge or in denying a motion to sever the two counts.
(8-1-1: Carlton for the Court; McCarty concurred and result only without writing; McDonald concurred in part and dissented in part without writing)

Strawn v. Southern Roots Salon & Day Spa, LLC, 2025-CA-00429-COA (Civil – Personal Injury)
Affirming the trial court’s decision granting summary judgment in favor of the defendant in the premises liability case, holding that the trial court did not err in finding that the plaintiff failed to present evidence that the defendant created a dangerous condition or had actual or constructive knowledge of it.
(8-2-0: Carlton for the court; Wilson and McDonald concurred in part and in result without writing)

Garfield v. Tate, 2025-CA-00104-COA (Civil – Wrongful Death)
Dismissing the appeal of the entry of a chancery court’s final judgment disinheriting a party in a wrongful death case, holding that it was not an order, much less a final appealable order that would confer jurisdiction on the Court of Appeals.
(10-0: Barnes for the court)

Wilson v. State, 2024-CA-00686-COA (Civil-PCR)
Vacating and remanding the denial of a PCR motion, holding that the indictment was void for failure to charge the defendant with crimes cognizable under Mississippi law.
(4-3-3: Barnes for the court; Wilson specially concurred, joined by Emfinger and Weddle, and joined in part by Lawrence and Lassitter St. Pe’; McCarty concurred in part and dissented in part, joined by Carlton and Lassitter St. Pe’ and joined in part by Lawrence)

Jones Family Medicine Clinic, PLLC, v. McCallum, 2024-CA-01332-COA (Civil – Contract)
Reversing the circuit court’s decision affirming the county court’s grant of summary judgment in a breach of contract case, holding that it was error to dismiss the complaint based on the waived affirmative defense of unconscionability.
(6-1-3: Weddle for the court; Westbrooks concurred in part in the result without writing; McDonald dissented without writing; Lawrence dissented, joined by Barnes and McDonald and joined in part by Westbrooks)

In the Matter of the Estate of Pace: Pace v. Philips, 2025-CA-00223-COA (Civil – Wills, Trusts & Estates)
Reversing the chancery court’s finding that a probated claim arising from the decedent’s violation of property settlement agreement incorporated into a judgment of divorce had been satisfied, holding that the final disposition of a probated claim was a final appealable order notwithstanding ongoing litigation in the estate matter and that the chancellor failed to grant a proper remedy for the violation of the PSA/judgment of divorce.
(8-2: McCarty for the court; Barnes dissented, joined by Carlton)

Disclosure: I represented the appellant in this case.

Other Orders

  • Leggett v. State, 2024-CP-01214-COA (denying rehearing)
  • Howard v. State, 2025-KA-00171-COA (recalling mandate and allowing the appellant’s pro se motion for rehearing to proceed as timely filed)
  • Morris v. State, 2026- TS-00276-COA (denying appellant’s pro se motion to reconsider dismissal of his untimely appeal)

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Mississippi Court of Appeals Decisions of June 16, 2026

The Mississippi Court of Appeals handed down four opinions today. There is a divorce case with an interesting forgery issue. There is also a negligent-versus-intentional-conduct tort case case. The other two are a felony appeal and a med mal verdict appeal.

Lavant v. State, 2024-KA-00953-COA (Criminal – Felony)
Affirming conviction of one count of aggravated trafficking of a controlled substance, holding that the trial court did not abuse its discretion in limiting cross-examination of a State’s witness.
(10-0: Weddle for the Court)

Merritt v. Merritt, 2024-CA-01158-COA (Civil – Domestic Relations)
Reversing the chancery court’s decision denying a motion to set aside and nullify judgment of divorce based on a claim of forgery, holding that the chancellor abused his discretion in denying relief because the movant proved by clear and convincing evidence that the divorce was procured by fraud and misrepresentations by the respondent or his attorney.
(10-0: Emfinger for the Court)

Note – This one is wild.

Brent v. Ridgeway, 2024-CA-01238-COA (Civil – Torts)
Reversing on direct appeal and affirming on cross appeal after a jury verdict for negligent infliction of emotional distress, holding that there was no basis for a claim of negligent infliction of emotional distress because all alleged acts by the defendant were intentional.
(6-1: Emfinger for the Court; Carlton, Lawrence, and McCarty did not participate)

Practice Point – This opinion is an interesting continuation of a line of cases that intentional acts cannot support claims of negligence.

Greer v. Vicksburg Healthcare, LLC, 2024-CA-00809-COA (Civil – Med Mal)
Affirming the trial court’s denial of the plaintiff’s motion for JNOV after a defense verdict, holding that the jury’s verdict was not against the overwhelming weight of the evidence.
(9-1: Wilson for the Court; McDonald concurred in part and dissented in part without writing)

Other Orders

  • Oates v. State, 2024-KA-00267-COA (denying rehearing)
  • Barnes v. City of McComb, 2024-CA-00989-COA (denying rehearing)
  • Smith v. Dennis Wright & Son Plumbing, 2025-WC-00046-COA (denying rehearing)

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Triple Issue: Mississippi Court of Appeals Decisions of May 19, May 26, and June 2, 2026

I got covered up with paying work and had to let things slide around here for a bit. Here is three weeks of output from the prolific Mississippi Court of Appeals.

May 19, 2026

Small v. Mississippi Dept. of Corrections, 2025-CP-00654-COA (Civil – Other)
Affirming circuit court’s order denying complaint for judicial review, holding that the petitioner did not prove that MDOC’s decision was not supported by credible evidence, arbitrary or capricious, beyond MDOC’s scope of powers, or violative of constitutional rights.
(8-2-0: Emfinger for the Court; Westbrooks and McDonald concurred in result only without writing)

In Re: Order of Direct Criminal Contempt for Assistant District Attorney Andrew Willcutt, 2024-CA-01142-COA (Civil – Other)
Reversing order holding an ADA in direct criminal contempt, holding that the ADA was entitled to notice of the charges against him and a de novo hearing before another judge.
(10-0: Weddle for the Court)

Rush v. State, 2024-KA-01353-COA (Criminal – Felony)
Affirming convictions of three counts of receiving stolen property, holding that the evidence was sufficient to support the conviction and that the verdicts were not against the overwhelming weight of the evidence.
(10-0: Weddle for the Court)

Butler v. State, 2024-KA-00747-COA (Criminal – Felony)
Affirming conviction of manslaughter, holding that there was no error in admitting video to rebut the defendant’s testimony, that the use of impeachment evidence in closing was not improper, that admitting a heat of passion manslaughter instruction was not error, that the manslaughter instruction was not unconstitutional, that the claim for ineffective assistance of counsel was not ripe, and that the verdict was not against the overwhelming weight of the evidence.
(10-0: McCarty for the Court)

Brown v. State, 2025-CA-00428-COA (Civil – PCR)
Affirming the trial court’s dismissal of a PCR motion, holding that the trial court did not err in finding it time-barred.
(10-0: McCarty for the Court)

Gates v. State, 2024-CP-00074-COA (Civil – PCR)
Affirming dismissal of PCR motion, holding that the trial court did not err in finding it time-barred.
(7-3-0: Lawrence for the Court; Wilson, Westbrooks, and McDonald concurred in part and in the result without writing)

Foreman v. State, 2024-KA-00728-COA (Criminal – Felony)
Affirming conviction of manslaughter, holding that the evidence was sufficient to support the conviction and that the verdict was not against the overwhelming weight of the evidence.
(7-2-1: Lawrence for the Court; Westbrooks and McDonald concurred in result only without writing; Carlton dissented without writing)

Waste Management of Mississippi, Inc. v. Chickasaw County, Mississippi, 2025-CA-00378-COA (Civil – Contract)
Reversing the circuit court’s decisions denying summary judgment for Waste Management and granting summary judgment in favor of the County that sought to exercise an option to extend a solid waste agreement, holding that Mississippi law does not permit such agreements for more than 30 years so the plain language allowing for an extension to the extent it was consistent with Mississippi prevented the extension.
(10-0: Wilson for the Court)

Rehm v. Robinson Property Group, LLC, 2025-CA-00043-COA (Civil – Personal Injury)
Affirming the dismissal of a personal injury on judicial estoppel grounds, holding that the circuit court did not abuse its discretion dismissing the claim where the plaintiff failed to disclose the lawsuit during bankruptcy proceedings.
(7-3: Carlton for the Court; McDonald dissented without writing; Westbrooks dissented, joined by McDonald and McCarty)

Other Orders

  • Jenkins v. Jenkins, 2024-CA-00395-COA (denying rehearing)
  • Brown v. State, 2024-KA-00489-COA (denying rehearing)
  • Eloby v. State, 2024-KA-00529-COA (denying rehearing)
  • Jones v. State, 2024-KA-00760-COA (denying rehearing)

May 26, 2026

Coahoma County, Mississippi School District v. Williams, 2024-CA-00977-COA (Civil – Other)
Reversing the chancery court’s decision and rendering a decision in favor of the school board’s termination decision, holding that the school board’s decision to terminate a counselor who had an incident with another school counselor and said she needed a “license to carry” was supported by substantial evidence, that the chancery court exceeded the scope of review, and that the counselor’s due process rights were not violated.
(9-1-0: McCarty for the Court; Westbrooks concurred in result only without written opinion)

Murphy v. State, 2024-KA-00664-COA (Criminal – Felony)
Affirming conviction of two counts of attempted touching of a child for lustful purposes, holding that arguments related to jury instructions were procedurally barred for failure to raise then in a JNOV or new trial and, in any event, that the circuit court did not abuse its discretion instructing the jury.
(9-1-0: McDonald for the Court; Wilson concurred in part and in the result without separate written opinion)

Banks v. Banks, 2025-CA-00119-COA, consolidated with 2023-CA-00515-COA (Civil – Domestic Relations)
Reversing on direct appeal and cross appeal in a divorce case, holding that the chancellor erred in the equitable distribution of the marital estate, in awarding alimony, and in awarding attorney’s fees.
(8-2-0: McDonald for the Court; Wilson and Lassitter St. Pe’ concurred in part and in the result without writing)

Qualls v. Qualls, 2023-KA-01112-COA (Criminal – Felony)
Affirming conviction of being a felon in possession of a weapon following a fatal shooting at a bar but vacating and remanding the sentencing as violent habitual offender as the State conceded that the evidence at trial was not sufficient to establish habitual-offender status.
(8-0: Westbrooks for the Court; Emfinger concurred in part and in the result without writing)

Watson v. State, 2024-KA-01149-COA (Criminal – Felony)
Affirming conviction of two counts of felony child abuse, holding that arguments that the trial court erred by admitting testimony of prior bad acts were procedurally barred for lack of objection after the State filed a notice of intent to introduce the evidence before trial and that the evidence was sufficient to support the convictions, and declining to address the ineffective-assistance-of-counsel claims.
(9-0: Wilson for the Court)

Patriot Inspects, LLC v. McKenzie, 2024-CA-01000-COA (Civil – Contract)
Affirming the trial court’s decision denying a motion to compel arbitration, holding that the arbitration provision’s limitation of liability and one-year limitations period were substantively unconscionable and so intertwined with the agreement that the agreement was rendered unconscionable.
(6-4: Weddle for the Court; Wilson dissented, joined by Barnes, Carlton, and Emfinger)

NOTE – I am putting this one on cert watch. Citing the Federal Arbitration Act, the dissent took issue with the majority’s holding that the arbitration agreement was rendered unconscionable by the limitation of liability and limitations period.

Other Orders

  • Moore v. State, 2024-KA-2024-01129-COA (denying rehearing)
  • Leggett v. State, 2024-CP-01214-COA (recalling mandate and accepting pro se motion for rehearing as timely)
  • Winn v. State, 2024-KA-01280-COA (denying rehearing)
  • Johnson v. State, 2024-KA-01348-COA (granting appellant’s pro se motion for extension of time to file motion for rehearing)
  • Johnson v. State, 2025-TS-01344-COA (dismissing motion for post-conviction collateral relief for lack of jurisdiction)
  • Gray v. State, 2025-TS-1449-COA (dismissing appeal as untimely)
  • Morris v. State, 2026-TS-00276-COA (dismissing untimely appeal)
  • Hill v. State, 2026-TS-00347-Dismissing appeal as untimely)
  • Daniels v. State, 2026-TS-00377-COA (allowing pro se appeal to proceed as timely)

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June 2, 2026

Mhoon v. State, 2024-CA-00674-COA (Civil – PCR)
Affirming denial of PCR motion after an evidentiary hearing, holding that the circuit court did not abuse its discretion after full consideration of the Miller factors.
(9-1-0: Emfinger for the Court: Westbrooks concurred in result only without writing)

Lee v. MDHS, 2025-SA-00318-COA (Civil – Custody)
Affirming denial of motion to reconsider denial of petition to set aside paternity judgment and child support order, holding that the trial court did not err in denying the petition for failure to meet statutory requirements or abuse its discretion in denying the motion for reconsideration.
(10-0: Emfinger for the Court)

Days v. State, 2024-KA-00920-COA (Criminal – Felony)
Affirming convictions of possession of meth with firearm enhancement and possession of a firearm as a felon, dismissing the ineffective-assistance-of-counsel claim without prejudice, and holding that arguments about the denial of an ore tenus motion to suppress were waived for failure to file a pretrial motion to suppress and that the plain-error doctrine did not apply.
(10-0: McDonald for the Court)

Sullivan v. Sullivan, 2025-CP-00256-COA (Civil – Domestic Relations)
Affirming in part and reversing in part the chancellor’s property division in a judgment of divorce, holding that the chancellor did not err in classification of the rental properties as marital assets but reversing with regard to other assets.
(10-0: McDonald for the Court)

Harris v. State, 2025-KA-00084-COA (Criminal – Fel0ny)
Affirming convictions of first-degree murder an done count of aggravated assault, holding that the trial court did not commit plain error in giving an instruction that referenced accident and misfortune as well as self-defense.
(10-0: Westbrooks for the Court)

Lenoir v. State, 2024-KA-01342-COA (Criminal – Felony)
Affirming convictions of trafficking a controlled substance and possession of a controlled substance, holding the trial court did not err in failing to suppress evidence obtained during what the defendant argued was an invalid search warrant, that the trial court did not err in instructing the jury on constructive possession, that the evidence was sufficient to support the constructive possession conviction and that the verdict was not against the overwhelming weight of the evidence, that the indictment was not defective, and that he was not subject to double jeopardy.
(8-1-0: Carlton for the Court; Emfinger concurred in part and in the result without writing; Weddle did not participate)

Davis v. State, 2024-KA-01385-COA (Criminal – Felony)
Affirming conviction of one court of sexual battery and one count of touching a child for lustful purposes, holding that the trial court did not abuse its discretion instructing the jury on uncorroborated testimony of sex-crime victim and that the verdict was not against the overwhelming weight of the evidence.
(10-0: Carlton for the Court)

Gaudin v. Gaudin, 2025-CA-00397-COA (Civil – Domestic Relations)
Affirming the chancery court’s rulings granting divorce and distributing contested assets, holding that the chancellor did not err in ordering the sale of the marital home or in classification of assets and Ferguson factors.
(10-0: Carlton for the Court)

Johnson v. State, 2024-KA-01097-COA (Criminal – Felony)
Affirming conviction of possession of more than two but less than ten grams of meth, holding that the trial court did not err in finding that the impoundment and inventory search of the defendant’s vehicle in which the drugs were found were proper.
(6-3-1: Barnes for the Court; Wilson, Westbrooks, and McCarty concurred in part and in the result without writing; Lassitter St. Pe’ concurred in part and dissented in part without writing)

Grant v. State, 2023-KA-01275-COA (Criminal – Felony)
Affirming conviction of possession of a firearm by a felon and possession of a stolen firearm, holding that the evidence was sufficient on both counts, that the trial court did not err in admitting evidence of gang affiliation for impeachment purposes or in admitting expert testimony regarding cellphone-location technology.
(6-1-3: Emfinger for the Court; McCarty concurred in part and in the result without writing; Westbrooks concurred in part and dissented in part, joined by Barnes and McDonald)

Other Orders

  • Smith v. Clarksdale Municipal School District, 2024-CA-00168-COA (denying rehearing)
  • UMMC v. Thomas, 2024-CA-01099-COA (denying rehearing)
  • Lovern v. State, 2024-KA-01449-COA (denying rehearing)

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Mississippi Court of Appeals Decisions of April 14, 2026

The Mississippi Court of Appeals handed down eight opinions yesterday. The Court reversed a capital murder conviction and also decided a will contest case, a custody case, three other felony appeals, a PCR case, and a divorce case.

Greene v. State, 2024-KA-00333-COA (Criminal – Felony)
Reversing conviction of one count of capital murder, holding that the trial court erred by failing to give the jury a cautionary instruction on accomplice testimony and remanded for a new trial.
(10-0: Weddle for the Court)

In the Matter of Estate of Williams: Williams v. Myles, 2024-CA-01114-COA (Civil – Wills, Trusts & Estates)
Affirming the chancellor’s decision in a will contest, holding that the chancellor did not err in finding that decedent lacked testamentary capacity when she executed her will and that the will was invalid because of undue influence.
(10-0: Weddle for the Court)

Singleton v. State, 2024-KA-01095-COA (Criminal – Felony)
Affirming conviction of second-degree murder, holding that the trial court did not abuse its discretion instructing the jury and that the verdict was not against the overwhelming weight of the evidence.
(9-1-0: Emfinger for the Court; Westbrooks concurred in result only without writing)

In the Interests of J.S.: Betsi S. v. Mississippi Dept. of Child Protective Services, 2024-CP-01061-COA (Civil – Custody)
Affirming the youth court’s permanency decision, holding that the mother was not deprived or due process, that recusal was not required, that the motion for ADA accommodation was abandoned, and that the mother was not entitled to damages.
(9-1-0: McCarty for the Court; Westbrooks concurred in result only without writing)

Practice Point – When writing a response or reply, do not talk past the arguments made by the other side:

Gardner v. State, 2025-KA-00298-COA (Criminal – Felony)
Affirming convictions of possession of a firearm by a felon, trafficking of fentanyl, and aggravated trafficking of meth, holding that the conviction of constructive possession of fentanyl was supported by sufficient evidence and that verdict was not against the overwhelming weight of the evidence.
(10-0: McCarty for the Court)

Stasher v. Stasher, 2024-CA-01302-COA (Civil – Domestic Relations)
Affirming the chancellor’s decisions in a divorce matter, holding that the chancellor did not manifestly or clearly err in granting divorce based on habitual cruel and inhuman treatment or in finding that the ex-husband had engaged in adultery during the marriage and that his claims about equitable distribution were without merit.
(10-0: Lawrence for the Court)

Jackson v. State, 2024-KA-01346-COA (Criminal – Felony)
Affirming conviction of two counts of touching a child for lustful purposes, holding that the circuit court did not err in the admission of hearsay testimony and that although it was an abuse of discretion to admit a written statement that error was harmless.
(8-2-0: McDonald for the Court; Wilson and Emfinger concurred in part and in the result without writing)

Leggett v. State, 2024-CP-01214-COA, consolidated with 2024-CP-01215-COA (Civil – PCR)
Affirming summary dismissal of two PCR motions.
(10-0: Wilson for the Court)

Other Orders

  • Clark v. State, 2023-KA-01116-COA (denying rehearing)
  • Fraser v. State, 2023-KA-01129-COA (denying rehearing)
  • Seals v. State, 2024-KM-00448-COA (denying rehearing)
  • ABL Management, Inc. v. Rowell, 2024-CA-01007-COA (denying rehearing)
  • Daengbunga v. State, 2024-KA-01122-COA (denying rehearing)
  • Simoneaux v. State, 2024-CP-01127-COA (denying rehearing)
  • Pedrego v. State, 2025-TS-01282-COA (denying pro se motion for reconsideration of dismissal of appeal)
  • Reeves v. State, 2026-TS-00201-COA (order allowing appeal to proceed as timely)

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Mississippi Court of Appeals Decisions of February 17, 2026

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)

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Mississippi Court of Appeals Decisions of January 27, 2026

The Mississippi Court of Appeals handed down ten opinions yesterday. There is subject-matter variety, including a decision in the controversial case of the educator who was terminated for reading a certain book to second graders.

Daengbunga v. State, 2024-KA-01122-COA (Criminal – Felony)
Affirming convictions of murder and tampering with evidence, holding that the trial court did not err in finding no Miranda violation and denying a motion to suppress statements and that the trial court did not abuse its discretion admitting evidence of prior bad acts.
(9-1-0: Lassitter St. Pe’ for the Court; Westbrooks concurred in part and in the result without writing)

Wright v. Brisco, 2025-CP-00258-COA (Civil – Contract)
Affirming the chancery court’s decision where the appellant filed a brief with no citations to the record or case law except for two cases that were referenced by name only with no reporter citation and the appellee did not file a brief.
(10-0: Lassitter St. Pe’ for the Court)

Note – This is the Court’s conclusion:

Wilson v. P.L. Marketing, Inc., 2025-WC-00158-COA (Civil – Workers’ Comp)
Affirming the Commission’s order affirming an order denying a motion to reopen that was filed more than a year after the claim was dismissed for the claimant’s failure to appear at a hearing on the merits.
(10-0: McCarty for the Court)

Price v. Hinds County School District, 2024-CA-00841-COA (Civil – States, Boards & Agencies)
Reversing the chancery court’s decision that had affirmed the School Board’s decision to terminate an assistant principal, holding that the decision to terminate the assistant principal for reading “I Need a New Butt!” to a second-grade class.
(9-1-0: Lawrence for the Court; Emfinger concurred in result only without writing)

Williams v. Williams, 2024-CA-00718-COA (Civil – Domestic Relations)
Affirming in part and reversing in part a chancellor’s judgment of divorce and contempt, holding that the ex-husband waived the issue of denying a motion to amend to add a ground after previously voluntarily-dismissing that ground, that the chancellor erred in classifying marital asserts and debt, that the chancellor erred in only awarding half a mortgage arrearage on a finding of contempt, that the chancellor erred in not awarding the full deficiency on a vehicle, and that the chancellor did not err in finding that the sale of the parties’ boat did not violate a court order or dissipate a marital asset.
(7-3-0: McDonald for the Court; Wilson and Emfinger concurred in part and in the result without writing; Weddle concurred in the result only without writing)

Dodson v. State, 2024-KA-00424-COA (Criminal – Felony)
Affirming conviction of attempted murder and conspiracy to commit auto theft, holding that the trial court did not err by refusing to give a jury instruction on aggravate assault as a lesser-included offense of attempted murder.
(10-0: Wilson for the Court)

City of Clinton v. Johnston, 2023-CA-01105-COA (Civil – PCR)
Dismissing the City’s appeal of the circuit court’s decision granting a motion for PCR, holding that the City lacked standing where it was not a party to the proceedings below and failed to intervene.
(10-0: Carlton for the Court)’

Brown v. Mississippi Real Estate Commission, 2024-CC-01207-COA (Civil – State Boards & Agencies)
Affirming the Commission’s decision to not renew a real estate license, holding that the decision based on untruthful and fraudulent representations to the Commission and felony conviction was supported by substantial evidence and was not arbitrary or capricious.
(8-2-0: Carlton for the Court; Wilson and McDonald concurred in part and in the result without writing)

Jones v. State, 2024-KA-01426-COA (Criminal – Felony)
Affirming conviction of possession of a firearm by a felon, holding that based on counsel’s Lindsey brief, the defendant’s pro se brief, and the Court’s review of the record that there was no error.
(10-0: Carlton for the Court)

Banks v. State, 2024-KA-00881-COA (Criminal – Felony)
Affirming conviction of manslaughter with a firearm enhancement, holding that the verdict was not against the overwhelming weight of the evidence.
(6-1-3: McCarty for the Court; Wilson concurred in part and in the result without writing; McDonald dissented without writing; Westbrooks dissented, joined by McDonald and joined in part by Carlton)

Other Orders

  • Goodloe v. State, 2023-KA-00960-COA (denying rehearing)
  • Lovelace v. Board of Trustees, 2023-CA-01341-COA (denying rehearing)
  • Cameron v. Miller, 2023-CA-01388-COA (denying rehearing)

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Mississippi Court of Appeals Decisions of January 13, 2026

The Mississippi Court of Appeals handed down six opinions today. There is a couple of domestic relations cases, one of which turns on an appellate jurisdiction issue. Then there are two direct criminal appeals, an MTCA case, and attorney’s fees case.

In Re Guardianship of K.G.W.: Garland v. Bunch, 2024-CA-01325-COA (Civil – Domestic Relations)
Dismissing appeal stemming from a guardianship, holding that the Court lacked jurisdiction on the appeal taken under section 11-43-53 because there had been no trial of a habeas corpus.
(10-0: Lassitter St. Pe’ for the Court)

O’Quin v. Davaul, 2024-CP-01327-COA (Civil – State Boards & Agencies)
Affirming dismissal of a complaint against the county tax assessor and granting judgment on the pleadings for failing to comply with MTCA requirements, holding that the pro se appellant’s arguments were without merit and were procedurally barred for failing to comply with the rules of appellate procedure.
(10-0: Lassitter St. Pe’ for the Court)

Fraser v. State, 2023-KA-01129-COA (Criminal – Felony)
Affirming conviction of culpable negligence manslaughter, holding that even if admission of emails and photographs from the victim’s phone showing past abuse was error it was harmless, that the trial court did not err in admitting an email from the defendant into evidence or in limiting the defendant’s expert witness’s testimony, and that the evidence was sufficient to support the conviction.
(8-2-0: Emfinger for the Court; Westbrooks and McDonald concurred in part and in the result without writing)

Elkins v. State, 2024-KA-00597-COA (Criminal – Felony)
Affirming conviction of aggravated assault, holding that there were no issues warranting reversal after reviewing counsel’s Lindsey brief and the record.
(10-0: Emfinger for the Court)

Covington County Bank v. Scott Tractor & Equipment Company, 2024-CA-01071-COA (Civil – Contract)
Reversing the circuit court’s denial of attorney’s fees, holding that the trial court abused its discretion in denying the request for attorney’s fees that was sought after the defendant paid the debt with accrued interest on the same day the creditor filed a motion for entry of default.
(7-3: Westbrooks for the Court; Emfinger dissented, joined by Wilson and Lawrence)

Aultman v. Aultman, 2024-CA-00746-COA (Civil – Domestic Relations)
Affirming in part and reversing in part in a divorce case, holding that the chancellor erred with respect to the valuation of a home and remanding to reconsider valuation and equitable distribution but holding that the chancellor did not err in valuing an ESIP, retirement, and PERS accounts, did not err in awarding attorney’s fees for successful contempt proceedings.
(8-1-0: Carlton for the Court: Wilson concurred in part and in the result without writing; Lassitter St. Pe’ did not participate)

Other Orders

  • Ryals v. State, 2023-KA-01192-COA (ordering the circuit clerk to supplement the appellate record with the transcript of the jury instruction conference by a date certain and further ordering that if it is not received by that date that the court reporter shall appear before the Court at a show cause hearing)

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Mississippi Court of Appeals Decisions of October 7, 2025

The Mississippi Court of Appeals handed down six opinions of substance yesterday. There is a divorce case, a timber case, a felony, a visitation/in loco parentis case, an heirship case, and a UM/UIM case with an interesting procedural question.

Hodge v. Hodge, 2024-CA-00745-COA (Civil – Domestic Relations)
Reversing the chancellor’s decision granting the ex-wife’s petition to set aside a final divorce degree arguing that she was forced to sign it under duress, holding that the chancellor did not abuse his discretion in finding the Rule 60(b)(4) motion timely, that section 93-5-2(5) did not apply because the complaint was not contested, that the chancellor erred by determining that the final divorce decree should be set aside in part because of the ex-husband’s claim splitting, and that there was not clear and convincing evidence that the ex-husband committed fraud.
(9-0: Lawrence for the Court; Barnes did not participate)

Payne Logging, LLC v. Smith, 2024-CA-00439-COA (Civil – Property Damage)
Affirming the chancellor’s award of monetary damages in a landowner’s claim against a logging company that removed timber off their property without permission while logging a neighbor’s property, holding that the chancery court did not err in applying the statutory guidelines in section 95-5-10.
(10-0: Westbrooks for the Court)

Hall v. State, 2024-KA-00364-COA (Criminal – Felony)
Affirming conviction of attempted capital murder, holding the the verdict was supported by sufficient evidence and that it was not against the overwhelming weight of the evidence.
(10-0: Wilson for the Court)

Edwards v. Johnson, 2023-CA-01271-COA (Civil – Domestic Relations)
Reversing the chancellor’s decision denying a petition to establish visitation by a non-parent, holding that the chancellor erred in applying the doctrine of unclean hands before determining the petitioner’s in loco parentis status and, if necessary, reaching the issue of whether visitation was in the child’s best interest.
(6-3: Carlton for the Court; Weddle concurred in part and dissented in part without writing; Wilson dissented; Emfinger dissented, joined in part by Wilson and Weddle; Lawrence did not participate)

In the Matter of Estate of Lewis: Curry v. Thomas, 2024-CA-00346-COA (Civil – Wills, Trusts & Estates)
Reversing the chancellor’s decision establishing paternity, holding that the one-year limitation for paternity is self-executing and thus cannot be waived and that the petitioner was barred from asserting an heirship claim because she did not attempt to establish paternity until almost eighteen years after her putative father’s death.
(7-3*: Barnes for the Court; McCarty concurred in part and in the result without writing; McDonald concurred in result only without writing; Westbrooks specially concurred, joined by McDonald, McCarty, and Lassitter St Pe’)

Thompson v. State Farm Fire and Casualty Company, 2024-CA-00393-COA (Civil – Insurance)
Affirming the trial court’s grant of a directed verdict in favor of a UM carrier, holding that the trial court did not err in granting a directed verdict for the UM carrier because there was no proof that the tortfeasor was an uninsured motorist and UM/UIM status was a question for the jury, that the UM carrier did not waive the argument that UM coverage was not applicable because the carrier did not have a duty to prove that the tortfeastor was an uninsured motorist, and that the trial court did not abuse its discretion in denying a new trial.
(7-3: Barnes for the Court; McDonald dissented without writing; McCarty dissented, joined by Westbrooks and McDonald)

Practice Point – McCarty’s dissent took issue with the directed verdict being granted during the damages phase of trial in front of the jury:

Other Orders

  • Davis v. State, 2023-KA-00884-COA (denying rehearing)
  • Quinn v. State, 2023-KA-01143-COA (denying rehearing)

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Mississippi Court of Appeals Decisions of September 23, 2025

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 with Lewis 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)

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