Tag: Divorce

Mississippi Court of Appeals Decisions of January 7, 2025

Happy New Year! Many thanks to all who read the blog over the past year, I truly appreciate your support. But that is all the time we have for sentimentality because the Mississippi Court of Appeals wasted no time getting back in the action. There are ten opinions today and you can read my summaries below.

Poole v. State, 2023-KA-01162-COA (Criminal – Felony)
Affirming conviction of possession of meth, holding that the trial court did not err in denying the defendant’s motions for directed verdict of JNOV where the defendant failed to file a motion a suppress evidence and failed to contemporaneously object to the evidence being admitted.
(7-2-0: Westbrooks and McDonald concurred in result only without writing, St. Pe’ did not participate.)

Everett v. State, 2024-CP-00206-COA (Civil – State Boards and Agencies)
Affirming the trial court’s dismiss of a “petition for judicial review” as time-barred because it was filed two and one-half years after the petitioner had exhausted his administrative remedies.
(9-0: St. Pe’ did not participate)

Begnaud v. Begnaud, 2023-CA-00822-COA (Civil – Domestic Relations)
Reversing the chancellor’s decisions in a divorce case, holding that the chancellor erred in failing to value guns before awarding them to one party, in failing to consider the tax consequences of receiving funds from a retirement account, and in awarding a credit for child support payments.
(9-0: St. Pe’ did not participate)

In re: Harvey; Chimento v. Schwark, 2023-CA-00398-COA (Civil – Wills, Trust, & Estates)
Affirming the chancellor’s decision in a will contest, holding that the chancellor did not err in finding that the testator had capacity, that there was not abuse or suspicious circumstances giving rise to a presumption of undue influence, that there was due execution, or that the proponent overcame the presumption of revocation.
(9-0: St. Pe’ did not participate)

Rencher v. State, 2024-CP-00008-COA (Civil – PCR)
Affirming denial of a PCR motion, holding that the trial court did not err in finding that the claim of ineffective assistance of counsel is without merit.
(6-2-0: Wilson and Emfinger concurred in part and in the result without writing; Weddle and St. Pe’ did not participate)

Jones v. State, 2023-CP-01247-COA (Civil – PCR)
Affirming the trial court’s dismissal of a PCR motion, holding that the trial court lacked jurisdiction because the petitioner did not obtain permission from the Mississippi Supreme Court before filing the motion.
(9-0: St. Pe’ did not participate)

Walker v. Mississippi State Parole Board, 2023-CP-00919-COA (Civil – State Boards and Agencies)
Affirming dismissal of petition for judicial review of MDOC decision, holding that the trial court did not err in finding that the petitioner failed to exhaust his administrative remedies.
(9-0: St. Pe’ did not participate)

Boone v. State, 2023-KA-00684-COA (Criminal – Felony)
Affirming conviction two counts of gratification of lust, holding that the verdict was not against the overwhelming weight of the evidence and that the trial court did abuse its discretion in denying a motion in limine to exclude prior bad acts testimony or in giving an instruction re: sufficiency of the unsupported word of the victim.
(9-0: St. Pe’ did not participate)

Mount v. State, 2023-KA-00807-COA (Criminal – Felony)
Affirming conviction of first-degree murder, holding that the trial court did not abuse its discretion in finding the defendant competent to stand and that the verdict was not contrary to the overwhelming weight of the evidence regarding his sanity at the time of the offense.
(5-4-0: St. Pe’ did not participate)

Wilson v. Barnes-Wilson, 2023-CA-00945-COA (Torts – Other)
Affirming the trial court’s grant of a motion to dismiss for failure to prosecute, holding that the trial court did not abuse its discretion where the plaintiff took no action of record for two years and then failed respond to the motion to dismiss for over a year and even then only after the case was dismissed.
(7-2-0: McDonald and McCarty concurred in part and in the result without writing; St. Pe’ did not participate.)

Other Orders

  • Alexander v. State, 2022-KA-00977-COA (denying rehearing)
  • Campbell v. State, 2022-KA-01055-COA (denying rehearing)
  • Galang v. State, 2023-KA-00006-COA (denying rehearing)
  • Howell v. State, 2023-KM-00265-COA (denying rehearing)
  • Wilkerson v. Allred, 2023-CA-00393-COA (denying rehearing)
  • Harris v. State, 2023-KA-00460-COA (denying rehearing)
  • Brown v. State, 2023-KA-00658-COA (denying rehearing)
  • Haley v. State, 2023-CP-00918-COA (denying rehearing)

Hand Down Page

Mississippi Supreme Court Decisions of October 24 and October 31, 2024

The Mississippi Supreme Court handed down one opinion last week and none this week. However, there was an order entered today amending M.R.C.P. 46. That amendment will be effective November 21, 2024.

October 24, 2024

McGee v. McGee, 2023-CA-00695-SCT (Civil – Domestic Relations)
Affirming the chancellor’s judgment regarding division of marital property and award of joint legal custody in a divorce action, holding that the chancellor did not err in classifying, valuing, and dividing the assets or in conducting its Albright analysis.
(9-0)

October 31, 2024

No opinions

Other Orders – October 24, 2024

  • In Re: The Rules of Civil Procedure, 89-R-99001-SCT (dismissing Motion to Amend M.R.C.P. 6 and 56 filed by the Supreme Court Advisory Committee on Rules)
  • In Re: Uniform Rules of Youth Court Practice, 89-R-99033-SCT (dismissing Petition to Amend the Mississippi Uniform Rules of Youth Court Practice filed by the Mississippi Council of Youth Court Judges (Motion No. 2021-1461) without prejudice)
  • Suarez v. State, 2023-CT-00526-SCT (denying cert)
  • In Re: Administrative Orders of the Supreme Court of Mississippi, 2024-AD-00001-SCT (ordering the disbursement of $166,981.17 in civil legal assistance funds among the MS Center for Legal Services, MS Volunteer Lawyers Project, and North MS Rural Legal Services

Other Orders – October 31, 2024

  • In Re: The Rules of Civil Procedure, 89-R-99001-SCT (granting in part Motion to Amend M.R.C.P. 46 filed by the Supreme Court Advisory Committee on Rules)

    Here is the amended text of Rule 46 that will be effective November 21, 2024:
  • Taylor v. Johnson, 2022-CT-00734-SCT (denying cert)
  • The Avion Group, Inc. v. The City of Oxford, Mississippi, 2023-CT-00169-SCT (denying cert)

Hand Down Page – October 24, 2024

Hand Down Page – October 31, 2024

Mississippi Court of Appeals Decisions of October 22 and October 29, 2024

The Mississippi Court of Appeals handed down four opinions last week and seven this week. You can read summaries of the lot below.

October 22, 2024

Hampton v. State, 2023-KA-00068-COA (Criminal – Felony)
Affirming convictions of first-degree murder and using a firearm during the commission of a felony, but vacating the consecutive five-year sentence for using a firearm during the commission of a felony where he was also sentenced to life.
(9-0: Weddle did not participate)

Baur v. Ribelin, 2023-CA-00018-COA (Civil – Real Property)
Affirming on direct and cross appeal in an adverse possession action, holding that the chancellor did not err in denying the claim for adverse possession or in confirming title in the rightful owner.
(8-1-0: Wilson concurred in part and in the result without writing; Weddle did not participate)

Johnson v. SW Gaming LLC, 2023-CA-00505-COA (Civil – Personal Injury)
Affirming the circuit court’s decisions granting the defendants’ motions for summary judgment in an inadequate security case, holding that the evidence was not sufficient to establish an atmosphere of violence or actual or constructive knowledge that the assailant was a violent person and the evidence was not sufficient to establish garden variety negligence.
(9-0: Weddle did not participate)

In the Interest of A.R.H., a Minor: Malone v. Jackson County Dept. of Child Protection Services, 2023-CA-00420-COA (Civil – Custody)
Affirming the youth court’s custody order, holding that the youth court was in its discretion to find aggravated circumstances warranting bypassing reasonable efforts for reunification and that there were no evidentiary errors.
(5-4: Wilson and Westbrooks dissented without writing; McDonnald dissented, joined by Westbrooks and McCarty)

October 29, 2024

Banks v. Banks, 2023-CA-00515-COA (Civil – Domestic Relations)
Dismissing appeal for want of an appealable judgment.
(9-0: Weddle did not participate)

Ware v. State, 2023-CP-00909-COA (Civil – PCR)
Affirming summary denial of PCR motion, holding that the motion was time-barred and successive.
(9-0: Weddle did not participate)

Morland v. Morland, 2023-CA-00237-COA (Civil – Custody)
Affirming the chancellor’s rulings in a divorce matter, holding that the chancellor did not err in finding that it was in the child’s best interest to be in the mother’s exclusive custody subject to visitation, in calculation and award of child support to the mother, or in awarding the mother attorney’s fees.
(9-0: Weddle did not participate)

Mallard v. State, 2023-CP-01155-COA (Civil – PCR)
Affirming denial of PCR motion, holding that the petitioner could not duck the successive petitions bar by proving any exceptions.
(7-1-1: Westbrooks concurred in result only without writing; McDonald concurred in part and dissented in part without writing)

Sessums v. Chicken Nugget, Inc., 2023-CA-00128-COA (Civil – Personal Injury)
Affirming summary judgment in a premises liability case where the plaintiff tripped over two parking curbs, holding that the plaintiff did not come forward with evidence to prove that two abutting parking curbs created an unreasonably dangerous condition.
(9-0: Weddle did not participate)

Scott v. State, 2023-KA-00559-COA (Criminal – Felony)
Affirming conviction of one count of child abuse and conviction of life imprisonment without eligibility for parole for a father who abused his infant child, holding (1) that the admission of the father’s prior conviction for failure to register as a sex offender was not reversible error though it was error to refer to it as “failure to register as a sex offender” instead of “failure to register” which was the actual language in the prior sentencing order, (2) that the conviction was supported by sufficient evidence, and (3) the verdict was not against the overwhelming weight of the evidence.
(4-5-0: Wilson and Smith concur in part and in the result without writing; Westbrooks, McDonald, and Lawrence concur in result only without writing; Weddle did not participate)

Tisdale v. South Central Regional Medical Center, 2023-CA-00231-COA (Civil – Med Mal)
Affirming dismissal for failure prosecute, holding that the trial court did not err in reviewing the motion under Rule 41(b) instead of Rule 37, did not miscalculate the delay and correctly found clear delay with no activity occurring to advance the case to judgment in over two years, and did not abuse its discretion in determining that anything less than a dismissal would be unjust.
(6-3: McDonald concurred in part and dissented in part without writing; Lawrence dissented, joined by McCarty, and joined in part by McDonald)

NOTE – The dissent argued that the majority discounted the impact of COVID.

Other Orders

October 22, 2024

  • Weatherly v. Weatherly, 2022-CA-00804-COA (denying rehearing)
  • Signaigo v. Grinstead, 2022-CA-01212-COA (denying rehearing)
  • Jackson v. State, 2023-KA-00201-COA (denying rehearing)
  • Neal v. Cain, 2023-CP-00625-COA (denying rehearing)
  • Washington v. State, 2024-CP-00059-COA (granting pro se motion to recall mandate and accept untimely brief)

October 29, 2024

  • Wilson v. State, 2023-CA-00070-COA (denying rehearing)
  • Shanks v. State, 2023-CP-00271-COA (denying rehearing)
  • Davis v. State, 2023-KA-00636-COA (denying rehearing)
  • Bradley v. State, 2023-CP-0764-COA (denying rehearing)

Hand Down Page – October 22, 2024

Hand Down Page – October 29, 2024

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)

Hand Down Page

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)

Hand Down Page

Mississippi Court of Appeals Decisions of September 17, 2024

The Mississippi Court of Appeals handed down nine opinions on this Constitution Day. There is something for just about everyone but PCR enthusiasts. Today’s opinions include personal injury cases, divorce cases, a real property case, an arbitration-award confirmation case, a youth court case, and a direct criminal appeal.

Franks v. Franks, 2023-CA-00088-COA (Civil – Domestic Relations)
Affirming final judgment of divorce, holding that the chancellor did not err in diving the martial home and ordering the husband to sell his portion to the wife where the husband agreed to do so, did not penalize the husband for embezzlement that occurred at his business but did not abuse her discretion in finding the husband’s adulterous relationship with the embezzler relevant in the Ferguson analysis, did not abuse her discretion in weighing the valuations of the marital property, did not abuse her discretion in awarding the wife attorney’s fees, did not abuse her discretion in not crediting the husband for payments made toward the marital home after the date of demarcation when he received the benefit of living in the home, and did not err in determining the amount of child support.
(8-0: Carlton did not participate)

Zemek v. Gunn, 2023-CA-00833-COA (Civil – Other)
Affirming the circuit court’s order denying a continuance and confirming an arbitration award, holding that the defendant waived the issue of timeliness and that, in any event, the confirmation petition was timely and that the circuit court did not abuse its discretion in denying a continuance.
(9-0)

Fox v. Allen Automotive, Inc., 2023-CA-00441-COA (Civil – Personal Injury)
Reversing summary judgment in favor of a car dealership in a premises liability action, holding that the trial court erred in finding that the plaintiff exceeded the scope of his invitation and became a trespasser where the plaintiff was injured while walking his dog and that because the plaintiff was an invitee there was a genuine issue of material facts as to whether the dealership had constructive knowledge of the dangerous condition.
(9-0)

NOTE – The plaintiff was walking a Heeler when he fell. If anyone ever claims that you can’t hear a footnote, you can refute them with this:

Anderson v. Grabmiller, 2023-CA-00593-COA (Civil – Domestic Relations)
Affirming the chancellor’s decision awarding alimony to the husband, holding that the chancellor did properly consider rehabilitative alimony and that the chancellor did not err in his Armstrong analysis.
(9-0)

Brown v. State, 2023-KA-00648-COA (Criminal – Felony)
Affirming conviction of second-degree murder but vacating the firearm enhancement portion, holding that the firearm enhancement should be vacated because the minimum sentence for that enhancement was less than the minimum sentence for the second-degree murder conviction, but that the State’s commends during closing did not rise to the level of plain error, that the ineffective-assistance-of-counsel claim should be denied without prejudice, that the trial court did not abuse its discretion admitting evidence of a shell casing recovered from the murder scene, that the verdict was supported by sufficient evidence and was not against the overwhelming weight of the evidence, and that there was no cumulative error warranting reversal.
(8-1-0: Westbrooks concurred in part and in the result without writing)

Jones v. Curtis, 2023-CA-00987-COA (Civil – Domestic Relations)
Affirming decision modifying child-custody agreement, holding that the chancery court had subject matter jurisdiction and did not err in considering facts and events occurring before the initial custody determination.
(7-2-0: McDonald and McCarty concurred in part and in the result without writing)

Cook v. Vowell, 2023-CA-00724-COA (Civil – Real Property)
Affirming chancery court’s grant of specific performance of an option to purchase an interest in real property, holding that the chancellor did not err in finding that there was consideration for the contract where there was no separate consideration spelled-out for the option or in finding that there was a valid offer and acceptance.
(9-0)

In the Matter of L.C.: Doe v. Bolivar County Youth Court, 2022-CA-00614-COA (Civil – Other)
Reversing the youth court’s finding that the mother had not satisfactorily completed a service plan working towards reunification, holding that there was no substantial evidence to support the youth court’s finding that MDCPS had made requisite “reasonable efforts” towards reunification.
(7-2: Westbrooks dissented, joined by McDonald; McDonald also separately noted a dissent but did not write)

Georgen v. Estate of Brown-Barrett, 2023-CA-00344-COA (Civil – Personal injury)
Reversing the trial court’s grant of summary judgment in a premises-liability case, holding that the trial court erred in finding that a baby gate leaned against a doorway in a residence did not constitute a dangerous condition.
(5-3: Carlton dissented, joined by Barnes, and Wilson; Westbrooks did not participate)

Other Orders

  • Whiddon v. State, 2022-KA-00616-COA (denying rehearing)
  • Crawford v. East Mississippi State Hospital, 2022-CA-00753-COA (denying rehearing)
  • Jackson v. State, 2022-KA-01143-COA (denying rehearing)

Hand Down Page

Mississippi Court of Appeals Decisions of September 3, 2024 and September 10, 2024

The Mississippi Court of Appeals handed down six opinions last week and three opinions this week. Since I was out of the office last Tuesday I included last week’s cases in this post. Between the two dates there there are a couple of service-of-process cases, a few personal injury cases, a couple of domestic relations cases, direct criminal appeals, and a two PCR cases. Appellants prevailed in all three of today’s cases.

September 3, 2024

Havard v. Hart, 2023-CA-00260-COA (Civil – Personal Injury)
Affirming dismissal for insufficient service of process, holding that there was substantial evidence supporting the trial court’s finding that the defendant had not been properly served and that the plaintiff did not have good cause for failing to timely serve process.
(8-1-0: McDonald concurred in result only without writing)

Old Hattiesburg High, L.P. v. Harris Construction Services, LLC, 2023-CA-00579-COA (Civil – Other)
Dismissing appeal of order denying a motion to reinstate an order obtaining expunging a contractor’s lien, holding that the initial order expunging the lien was not a final appealable order and that subsequent orders on motions revising the interim order were not final either.
(8-1-0: Wilson concurred in part and in the result without writing)

Hyland v. State, 2023-CA-00256-COA (Civil – PCR)
Affirming the trial court’s dismissal of PCR motion challenging his convictions and seeking an out-of-time appeal, holding that motion was time-barred and successive.
(9-0)

Fortner v. Bratcher, 2023-CP-00664-COA (Civil – Domestic Relations)
Affirming the chancellor’s findings related to motions for contempt and custody modification, holding that the chancellor did not abuse his discretion finding the father in contempt, carrying forward the parties’ agreed visitation schedule, or enjoining the parties from contacting CPS with allegations of neglect or abuse without first contacting local law enforcement.
(9-0)

Miller v. State, 2023-CP-00812-COA (Civil – PCR)
Affirming the trial court’s dismissal of a PCR motion, holding that it was barred by the UPCCRA’s statute of limitations.
(9-0)

Wilkerson v. Allred, 2023-CA-00393-COA (Civil – Personal Injury)
Reversing the trial court’s grant of summary judgment dismissing claims for emotional distress damage after the defendant shot and killed the plaintiff’s puppy in the head as it sat next to the plaintiff’s twelve-year-old sister, holding that there was a jury question on the issue of whether the plaintiff’s emotional distress injuries were reasonably foreseeable to the defendant.
(4-3-2: Wilson and McDonald concurred in part and in the result without writing; Westbrooks concurred in the result only without writing; Carlson dissented, joined by Emfinger and joined in part by McDonald.)

September 10, 2024

Bell v. State, 2023-CA-00951-COA (Criminal – Felony)
Vacating and remanding revocation of a suspended sentence, holding that the trial judge was automatically disqualified because she had previously served as the ADA for the underlying conviction.
(7-2: Barnes dissented, joined by Wilson)

Wells v. Wells, 2023-CA-00674-COA (Civil – Domestic Relations)
Reversing the chancery court’s judgment granting the wife’s petition for divorce and divesting the husband of his interest in real property, holding that there was no evidence that the husband was properly served.
(4-1-4: Emfinger concurred in part and in the result without writing; Wilson dissented, joined by Barnes, Lawrence and Smith.)

Deere v. Taylor, 2023-CA-00063-COA (Civil – Personal Injury)
Reversing the trial court’s dismissal of a personal injury lawsuit, holding that the prohibition against claim-splitting was not triggered where the plaintiff filed one lawsuit but was unable to serve the defendants and months later filed a second lawsuit asserting the same causes of action against the same parties while the first lawsuit sat stale.

Other Orders

  • Daly v. Raines, 2022-CT-00600-SCT (denying appellant’s to voluntarily dismiss this appeal)
  • McKenzie v. McKenzie, 2022-CA-01175-COA (denying rehearing)
  • Estate of Staten: Staten v. Pedersen, 2023-CA-00228-COA (denying untimely motion tor additional time to file a motion for rehearing)
  • Stewart v. State, 2024-TS-00606-COA (dismissing appeal as untimely)

September 3, 2024 Hand Down Page

September 10, 2024 Hand Down Page

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 August 13, 2024

The Mississippi Court of Appeals handed down six opinions today. The court affirmed in two direct criminal appeals but reversed, dismissed, or vacated in each of the remaining cases. Those four consist of a divorce, a real property conveyance, a mechanic lien against real property, and a misdemeanor.

Osing v. Osing, 2022-CA-00755-COA (Civil – Domestic Relations)
Affirming in part and reversing in part the chancellor’s judgment in a divorce proceeding, holding that the chancellor did not err in denying the husband’s motion to withdraw consent to the irreconcilable-differences divorce, but reversing the chancellor’s division of the marital estate for failure to make sufficient factual findings and, as a result, reversed the chancellor’s award of alimony and a minor child’s college and health-insurance coverage pending reconsideration of the division of the marital estate.
(7-1-0: Wilson concurred in part and in the result without separate written opinion; Lawrence did not participate)

Campbell v. State, 2022-KA-01055-COA (Criminal – Felony)
Affirming conviction of burglary of a dwelling, holding that there was sufficient evidence supporting the verdict and that the verdict was not against the overwhelming weight of the evidence, that the trial court did not err by referencing the grand jury proceedings, that there was no Brady violation regarding lost fingerprints, and that the trial court did not err in overruling a Batson challenge.
(8-0: Smith did not participate)

Alexander v. Espinoza, 2023-CP-01139-COA (Civil – Real Property)
Dismissing the appeal of a chancellor’s order denying declaratory relief, holding that the chancellor’s order was not a final judgment because it did not resolve all claims against all parties, and it did not contain 54(b) certification language.
(9-0)

In the Matter of the Estate of Johnson: Manners v. Estate of Johnson, 2023-CA-00823-COA (Civil – Wills, Trusts, & Estates)
Reversing the chancellor’s decision denying a claim to enforce rights under a document by which a decedent had intended to convey an interest in real property, holding that the document was a valid conveyance of an interest in the property and remanded for necessary parties to be joined and for further proceedings consistent with the opinions.
(9-0)

Carpenter v. State, 2023-KA-00580-COA (Criminal – Felony)
Affirming conviction of two counts of child exploitation, holding that section 97-5-33(8) of Mississippi’s child exploitation statute is not unconstitutional for overbreadth or for supporting entrapment and holding that the verdict was supported by sufficient evidence.
(9-0)

NOTE – Here is the court’s description of section Miss. Code Ann. § 97-5-33(8):

Holt v. State, 2023-KM-00121-COA (Criminal – Misdemeanor)
Vacating and remanding dismissal of an appeal to the circuit court from a conviction of simple domestic assault originating in municipal court, holding that the circuit court erred by dismissing the appeal for failure to file a brief without giving notice of the deficiency and an opportunity to cure and that the record was insufficient to determine whether the circuit court had jurisdiction for want of posting a cost bond.
(7-1-0: Carlton concurred in result only without writing; Smith did not participate)

  • Bradford v. State, 2022-KA-00493-COA (denying rehearing)
  • Hutson v. Hutson, 2022-CT-00569-COA (dismissing motion for appellate attorney’s fees)
  • Taylor v. Johnson, 2022-CA-00734-COA (denying rehearing)
  • Brown v. Black, 2022-CA-00869-COA (denying rehearing)
  • Roley v. Roley, 2022-CP-01104-COA (denying rehearing)
  • Winstead v. State, 2022-KA-01235-COA (denying rehearing)
  • Smith v. State, 2023-KA-00185-COA (denying rehearing)
  • Magyar v. Shiers, 2023-CA-00682-COA (denying motion to dismiss appeal)
  • Brown v. State, 2024-TS-00741-COA (granting motion to proceed out of time)

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Mississippi Supreme Court Decisions of June 20, 2024

The Mississippi Supreme Court handed down three opinions on Thursday. The first is a divorce case that discusses property classification and alimony and partially overrules a prior decision. The second decision is a direct criminal appeal appealing the denial of an indigent defendant’s request for funding for defense experts. The third case involves a motion for protective order that was sought to exempt redacted information from a public records request disclosure.

Cassell v. Cassell, 2023-CA-00213-SCT (Civil – Domestic)

Affirming the chancellor’s rulings in a divorce matter, holding that the chancellor did not err in the classification of property or award of alimony, that the burden of proof to rebut the presumption of marital property is preponderance of the evidence, and that the party claiming property excluded from marital property has been commingled and transformed into marital property bears the burden of proof by a preponderance of the evidence, and “overrul[ing] Cheatham insofar as it has any bearing on a chancellor’s decision to award alimony and reaffirm the factors enumerated in Ferguson—awarding alimony during the division of the estate—and Armstrong—awarding alimony subsequent to the division of the estate—as the appropriate factors to be considered.”

(9-0)

Harris v. State, NO. 2023-KA-00038-SCT (Criminal – Felony)

Affirming conviction for aggravated DUI, holding that the trial court did not abuse its discretion denying the indigent defendant’s request for funds to retain experts where the requests were insufficient to show a substantial need for state funding or defense experts.

(9-0)

UnitedHealthcare of Mississippi, Inc. v. Amerigroup Mississippi, Inc., 2022-SA-01216-SCT (Civil – Other)

Affirming the chancellor’s decision denying a motion for protective order that sought to exempt redacted information in a qualification United Healthcare had submitted to the Department of Medicaid from disclosure in response to a public records request, holding that United did not meet its burden of showing that the redacted information was either a trade secret or confidential commercial or financial information, and denying United’s request to supplement the record.

(9-0)

Other Orders

Simmons v. State, 2022-CT-01260-SCT (denying cert)

Brown v. State, 2024-M-00013 (granting application for leave to file a motion for post-conviction DNA testing)

Bonner v. The Mississippi Bar, 2024-BD-00142-SCT (granting leave under Mississippi Rule of Discipline 11(b) to resign in good standing from the practice of law in Mississippi)

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