Election Contest – Mississippi Appeals Blog

Double Issue: Mississippi Supreme Court Decisions of August 13 and August 20, 2026

The Mississippi Supreme Court has handed down seven decisions in the last two weeks. The offerings from August 13 are notable for two election contests with one reversal and Justice Wilson’s first vote in a decision. The marquee case from August 20 was the decision in Carly Gregg’s appeal. The convictions and sentences were upheld notwithstanding errors by the trial court.

August 20, 2026

Carroll Brothers, LLC v. Graham, 2025-CA-00667-SCT (Civil – State Boards and Agencies)
Affirming the chancery court’s grant of summary judgment in favor of the Department of Revenue, holding that the Department presented sufficient evidence to establish that it provided noticed by mailing assessments to the taxpayers and that the taxpayers failed to overcome the strong presumption that the notice statutes were constitutional.
(7-1: Ishee for the court; Coleman dissenting)

House v. State, 2025-KA-00721-SCT (Criminal – Felony)
Affirming conviction of manslaughter and aggravated assault, holding that there is sufficient evidence to support the aggravated assault conviction, that the trial court did not abuse its discretion limiting a defense witness’s testimony where the defendant failed to supplement discovery regarding additional facts from the witness, and that the trial court did not abuse its discretion granting and aiding and abetting jury instruction.
(8-0: Coleman for the court)

Gregg v. State, 2024-KA-01178-SCT (Criminal – Felony)
Affirming convictions of first degree murder, attempted murder, and tampering with evidence and a sentence to life imprisonment and ten years, holding that the trial court’s statement that it does not grant continuances was in friction with controlling precedent vote was not reversible error where no motion for continuance was filed, no adverse ruling, and no specific prejudice; that the improper ordering of a sanity mental evaluation did not merit reversal given lack of objection, later insanity notice, use of insanity at trial, and an absence of a specific showing of prejudice affecting the verdict; that the trial court erred in allowing a State’s witness to testify regarding the plot of the novel Crime and Punishment but that the error did not contribute to the verdict obtained beyond a reasonable doubt; that the cumulative effect of these errors did not require reversal; that the sentence to life imprisonment was legal; that the prosecutor’s statements during closing arguments did not require reversal; and that the sentence was not against the overwhelming weight of the evidence.
(7-1-0: Coleman for the court; Wilson concurred in result only without writing)

Merrimon v. State, 2025-KA-00579-SCT (Criminal – Felony)
Affirming conviction of receiving stolen property, holding that the judge did not err in granting a jury instruction on possession, that the evidence was sufficient to support the conviction, and that the verdict was not against the overwhelming weight of the evidence.
(8-0: Sullivan for the court)

Other Orders

Smith v Dennis Wright & Son Plumbing, 2025-CT-00046-SCT (denying cert)
Braxton v. State, 2025-CT-00051-SCT (dismissing cert petition)
Ashford v. Belcher, 2025-CA-00569-SCT (denying rehearing)

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August 13, 2026

Johnson v. Nichols, 2025-CP-00153-SCT (Civil – Contract)
Affirming the circuit court’s grant of summary judgment based on the statute of limitations, holding that the pro se appellant waived review of the summary judgment order by failing to identify any error in it, that the requested supplementation argument would not warrant reversal, and that the trial court did not commit any error on the merits.
(8-0: Coleman for the court)

Cathey v. Tanksley, 2025-EC-00724-SCT (Civil – Election Contest)
Reversing the circuit court’s decision in an election contest, holding that a special election was warranted because the breaking of a ballot box is sealed by the city clerk destroyed the sanctity of the election and opened the door for corruption and fraud whether there was actual fraud or not.
(7-0: Ishee for the court; Wilson did not participate)

In Re: Petition to Disqualify Adams: Littleton v Adams, 2026-EC-00618-SCT (Civil – Election Contest)
Affirming in part and vacating in part a circuit court’s judgment against the election commission in a residency challenge, holding that the election commission lacked jurisdiction to disqualify a candidate for county court judge.
(7-0: King for the court; Wilson not participating)

Other Orders

Banks v. State, 2024-CT-00881-SCT (denying cert)
Rush v. State, 2024-CT-00963-SCT (denying cert)
Williams v. Williams, 2025-IA-01525-SCT (denying motions for rehearing)
Chamberlin v. State, 2025-DR-01034-SCT (granting motion to dismiss third petition for PCR and dismissing petition for PCR)

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Mississippi Supreme Court Decisions of June 4, 2026

The Mississippi Supreme Court handed down six opinions today. There are two decisions involving sanctions and/or contempt rulings. There is also a noteworthy judicial estoppel decision. The others are an election contest, a felony conviction, and an MDOC decision.

Walker v. Taylor, 2025-EC-00658-SCT (Civil – Election Contest)
Affirming the circuit court’s dismissal of sworn petitions for judicial review of a primary-election contest, holding that a new election was not warranted based on alleged voter disenfranchisement or equal protection violations.
(6-0: Griffis for the Court; Branning did not participate)

Favre v. MDHS, 2024-IA-00880-SCT (Civil – Other)
Vacating Rule 11 sanctions, holding that the sanctioned parties were entitled to due process including notice and an opportunity to respond.
(7-0: Coleman for the Court)

Gombako-Amos v. Amos, 2023-CT-01253-SCT (Civil – Domestic Relations)
Reversing the chancery court and the Court of Appeals on cert, holding that there was no clear and convincing evidence of willful and deliberate violation of a court order to support a finding of civil contempt, rendering judgment on attorneys’ fees, and remanding to determine issues related to reimbursement.
(6-1: Griffis for the Court; Randolph dissented)

Strong v. Acara Solutions, Inc., 2024-CT-00455-SCT (civil – Personal Injury)
Affirming the Court of Appeals’ reversal of the circuit court’s grant of summary judgment dismissing on judicial estoppel grounds on cert, holding that the Court of Appeals did not err by reviewing the judgment de novo instead of abuse of discretion and that the trial court erred by not applying Fifth Circuit precedent in its analysis of the second element (a court accepted a previous position) of judicial estoppel.
(5-2: Randolph for the Court; Coleman dissented, joined by Branning)

Practice Point – I view this as a must-cite decision for judicial estoppel going forward.

Winters v. State, 2024-KA-01105-SCT (Criminal – Felony)
Affirming conviction of aggravated assault and attempted armed robbery, holding that the evidence was sufficient to support the conviction and that the verdict was not against the overwhelming weight of the evidence.
(7-0: Sullivan for the Court)

Hudson v. MDOC, 2025-CA -00645-SCT (Civil – State Boards & Agencies)
Affirming MDOC’s decision to not award trusty time due to conviction for attempted murder, holding that MDOC did not violate section 47-5-138.1 and that the denial of trusty time did not increase her sentence.
(7-0: Randolph for the Court)

Other Orders

In Re: Local Rules, 89-R-99015-SCT (granting motion seeking approval of revision to Local Rules for Fifth Chancery Court District)
Rules for Court Reporters, 89-R-99021-SCT (reappointing Hon. David P. Sullivan, Candace O’Barr Jones, Kati Vogt, and Latanya Allen as members of the Board of Certified Court Reporters for two-year terms from July 1, 2026, through June 30, 2028)
Brown v. State, 2017-DR-01373-SCT (denying rehearing)
Upchurch v. Lewis, 2023-CT-01296-SCT (granting cert)
Jack v. City of Meridian, 2023-CT-01339-SCT (dismissing cert petition as untimely)
McLaurin v. State, 2024-CT-00138-SCT (denying cert)
Jones v. Jones, 2024-CA-00690-SCT (denying rehearing)
UMMC v. Giddens, 2024-CT-00842-SCT (denying cert)
Favre v. MDHS, 2024-IA-00880-SCT (dismissing motion for permission to file exhibit under seal as moot)
Walker v. State, 2024-CT-01032-SCT (denying cert)
Bivins v. Ellisville State School, 2024-CT-01098-SCT (denying cert)
In Re: Jones, 2024-CA-01307-SCT (denying rehearing)

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Mississippi Supreme Court Decisions of March 12 and March 19, 2026

I am a bit behind because I was out of the office last week, and yesterday I had court in Neshoba County. The Mississippi Supreme Court handed down one opinion last week and six opinions this week. Last week’s opinion was an election context. Of the six this week, three were dismissals of appeals from youth court restitution orders, two were appeals of felony convictions (with one reversal) and the other was a real property case.

March 12, 2026

Randle v. Ivy, 2025-EC-00299-SCT (Civil – Election Contest)
Affirming the special judge’s decision in an election contest, holding that the issue was moot after the election and that there was substantial evidence to support the decision that the primary-election candidate did not meet the residency requirement.
(7-0: King for the Court)

Other Orders

Arbor Landing Homeowners’ Association, Inc. v. Rankin County Development Group, LLC, 2025-IA-01286-SCT (granting interlocutory appeal)

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March 19, 2026

In Re: Interest of L.L., A Minor, 2024-CA-00872-SCT (Civil – Juvenile Justice)
Dismissing appeal from a youth court restitution order, holding that the order was not a final, appealable order.
(6-1: Branning for the Court; King dissented without writing)

Gibson v. State, 2024-KA-01301-SCT (Criminal – Felony)
Reversing conviction of second degree murder, holding that the trial court abused its discretion in denying a jury instruction for excusable homicide.
(4-3: Sullivan for the Court; Randolph dissented, joined by Griffis and Branning)

In the Interest of R.H., a Minor, 2024-CA-00873-SCT (Civil – Juvenile Justice)
Dismissing an appeal of a restitution order from youth court, holding that it was not a final, appealable order.
(6-1: Griffis for the Court; King dissented without writing)

Hewitt v. TJM Properties, Inc., 2024-CA-01312 -SCT (Civil – Real Property)
Affirming the chancellor’s dismissal of a claim for reimbursement and property-based claims by a developer who never acquired title to the subject property, holding that the chancellor did not err in finding that the plaintiff lacked a legally cognizable property interest.
(7-0: Ishee for the Court)

McDaniel v. State, 2025-KA-00202-SCT (Criminal – Felony)
Affirming conviction of second degree murder, holding that trial counsel was not ineffective for not requesting an accidental homicide instruction, that there was no abuse of discretion granting jury instruction on deliberate design, and that the conviction was not against the overwhelming weight of the evidence.
(7-0: Randolph for the Court)

In the Interest of D.G., a Minor, 2024-CA-00868-SCT (Civil – Juvenile Justice)
Dismissing an appeal of a youth court restitution order, holding that it was not a final, appealable order.
(6-1: Ishee for the Court; King dissented without writing)

Other Orders

Snyder v. Pilger, 2024-CT-00460-SCT (denying cert)
The Mississippi Bar v. Newcomb, 2025-BD-00835-SCT (suspending from the practice of law for two years retroactive to Aug. 22, 2022)
In Re: Administrative Orders of the Supreme Court of Mississippi, 2026-AD-00001-SCT (ordering (1) that the AOC shall be authorized to disclose to the Mississippi Commission on Judicial Performance information gathered in compliance with 2025 Extraordinary Session House Bill 38, Section 34, as well as any other information pertaining to youth courts that would reasonably lead to the investigation of judicial misconduct and (2) that the Commission shall not disseminate or otherwise disclose any information it receives from AOC pertaining to Youth Courts except as necessary to recommend discipline in accordance with the Rules of the Mississippi Commission on Judicial Performance)

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Mississippi Supreme Court Decisions of June 19 and June 26, 2025

The Mississippi Supreme Court handed down two opinions last week and three this week. Among them, two election contests, a death penalty PCR case that was remanded, an MTCA personal injury case on interlocutory appeal, and a felony conviction.

June 19, 2025

Brown v. Madison County Board of Supervisors, 2024-EC-01059-SCT (Civil – Election Contest)
Affirming the circuit court’s decision in an election contest, holding that the circuit court did not err in denying a motion to disqualify the Board’s attorney and in affirming the Board’s decision approving the candidate’s candidacy.
(9-0: Randolph for the Court)

Clark v. State, 2022-DR-00829-SCT (Civil – Death Penalty – PCR)
Granting motion for PCR in a death-penalty case, holding that the case should be remanded to the circuit court for an Atkins hearing but otherwise denying relief under Batson and other issues.
(5-3-1: Sullivan for the Court; Randolph concurred in part and in the result, joined by Griffis and Branning, joined in part by Maxwell; King concurred in part and dissented)

Other Orders

Melom v. Stone County, Mississippi, 2024-KM-00782-SCT (per curiam affirmance)
In Re: Rules Governing Admission to The Mississippi Bar, 89-R-99012-SCT
Clark v. State, 2022-DR-00829-SCT (granting in part and denying in part motion for PCR or for leave to proceed in trial court with PCR motion)
Chung v. State, 2023-CA-00362-SCT (granting cert)
Powers v. State, 2023-DR-00895-SCT (denying cert)
Lawson v. State, 2023-CT-01008-SCT (denying cert)
Mississippi Baptist Medical Center, Inc. v. Tobias, 2024-M-01395-SCT (denying petition for interlocutory appeal)
The Progressive Corporation v. Hanberry, 2025-IA-00109-SCT (granting interlocutory appeal and deciding the case on the petition and response, affirming the denial of a motion to sever but reversing the trial court’s grant of partial summary judgment in the plaintiff’s favor insurance policy dec action)
The Mississippi Bar v. Horne-Murry, 2025-BD-00616-SCT (granting petition to transfer respondent to inactive disability status and referring to LJAP)

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June 26, 2025

In Re: Republican Primary Runoff for Pearl River County Tax Collector/Assessor, Jo Lynn Houston v. Sandy Kane Smith, 2024-EC-00015-SCT (Civil – Election Contest)
Affirming on direct appeal and dismissing cross-appeal in an election contest, holding that the trial court did not err in ordering a special election in two precincts or in finding that certain vote challenges were mere technicalities.
(9-0: Branning for the Court; Randolph did not participate)

City of Jackson, Mississippi v. Maxie, 2023-IA-01314-SCT (Civil – Personal Injury)
Reversing the trial court’s denial of summary judgment in an MTCA personal injury action, holding that the plaintiff did not come forward with evidence that there was a dangerous condition of which the defendants had actual or constructive notice and time to correct or warn against.
(9-0: Coleman for the Court)

Cole v. State, 2024-KA-00041-SCT (Criminal – Felony)
Affirming conviction of one count of attempted statutory rape, holding that the admission of the victim’s interview did not violate the Confrontation Clause or amount to error under the evidentiary rules, that the admission of the CAD report with a date that was off by one century was not plain error, that there was no plain error in the admission of the State’s expert’s testimony on the victim’s veracity or the State’s characterization of that testimony, and that the cumulative error doctrine did not apply.
(9-0: King for the Court)

Other Orders

In Re: The Mississippi Access to Justice Commission, 89-R-99032-SCT ((1) directing the Mississippi Bar, effective July 1, 2025, to remit all pro hac vice fees received under M.R.A.P. 46(b)(5) monthly to the Administrative Office of Courts with two-thirds of the fees to be deposited in the Civil Legal Assistance Fund established by Miss. Code Section 9-21-43 (Rev. 2019) and one-third of the fees to be deposited in the Access to Justice Fund, and (2) directing the Mississippi Bar on or before November 1 of each year to file with this Court an annual report accounting for the receipt of all pro hac vice funds under Rule 46(b)(5))
In Re: The Mississippi Access to Justice Commission, 89-R-99032-SCT (order (1) directing the Mississippi Bar, effective July 1, 2025, to remit all funds received by it under Mississippi Rule of Professional Conduct 6.1 monthly to the Administrative Office of Courts to be deposited in the Access to Justice Fund, (2) directing the Mississippi Bar, effective July 1, 2025, to remit all funds currently held in Guaranty Bank Checking Account No. *2492 (The Mississippi Bar Access to Justice account) to the Administrative Office of Courts to be deposited in the Access to Justice Fund, and (3) directing the Mississippi Bar on or before June 1 of each year to file with this Court an annual report accounting for the receipt of all funds under Mississippi Rule of Professional Conduct 6.1.)
Ambrose v. State, 2022-DR-00949-SCT (granting State’s motion to dimiss)
Ambrose v. State, 2024-CA-00897-SCT (granting motion for voluntary dismissal)

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Mississippi Supreme Court Decisions of March 13, 2025

The Mississippi Supreme Court waited until I was out of town last week to unleash its largest batch of opinions of the year. Six opinions were handed down on Thursday, including one of my cases which was on interlocutory appeal for a service of process issue. There is also one direct criminal appeal, two breach of contract cases (one trial and one summary judgment), an election contest, and a statute of limitations case.

The Court also adopted a new rule of evidence that is “residual exception” to the rule against hearsay.

Unruh v. Johnson, 2024-IA-00028-SCT (Civil – Personal Injury)
Reversing the trial court’s denial of motions to dismiss for insufficient service of process, holding that the trial court erred by granting the plaintiff’s motion for enlargement of time to serve process because the plaintiff could not show “good cause” where both the motion for enlargement of time and the first service attempt came one day after the 120-day service period ended and the plaintiff failed to articulate a legitimate basis for failing to attempt to timely serve process, holding that filing the motion for enlargement of time one day after the 120-day period did not toll the statute of limitations, and rendering judgment in favor of the defendant.
(9-0)

Note – I represented the appellant/defendant in this appeal. I jumped in on this one with Bobby Stephenson when I joined Wilkins Patterson last summer right after interlocutory appeal was granted.

Phillips v. State, 2023-KA-01218-SCT (Criminal – Felony)
Affirming conviction of aggravated assault, holding that the admission of statements on body-camera footage were not testimonial and statements in search warrant affidavit did not violate the Confrontation Clause, that introducing underlying facts and circumstances of the search warrant containing a comment about the defendant’s post-Miranda silence was error albeit harmless, that the cumulative error doctrine did not apply, and that the defendant did not receive ineffective assistance of counsel.
(8-0: Randolph did not participate)

Radco Fishing and Rental Tools, Inc. v. Commercial Resources, Inc., 2023-CA-00376-SCT (Civil – Contract)
Affirming judgment against the defendant for outstanding principal and interest under an accounts receivable line of credit agreement and award of attorneys’ fees, holding that the trial court did not err by granting a motion for partial summary judgment dismissing affirmative defenses, that the defendants’ motions for summary judgment are not reviewable on appeal after they proceeded to trial and litigated, that the trial court did not err by granting a motion to admit parol evidence, that the trial court did not err in denying the defendants’ motions for directed verdict and granting the plaintiff’s motion for directed verdict, that the trial court did not err in granting the plaintiff’s jury instruction on liability, that the trial court did not err by denying the defendants’ post-trial motions, and that the trial court did not err in altering the judgment due to the jury’s disregard of the peremptory instruction and directed verdict, and that the trial court did not err by granting the plaintiff’s motion to bifurcate and award attorneys’ fees.
(6-6*-2: Maxwell specially concurred, joined by five other justices, making it binding precedent; Griffis concurred in part and dissented in part, joined by Coleman)

*Precedential Special Concurrence – With a total of six votes, Maxwell’s special concurrence is precedent and provides significant guidance for the bench and bar going forward, so it deserves its own summary. The special concurrence held that the trial court erred in granting a blanket ruling against all of the defendants’ affirmative defenses, specifically holding that Horton does not apply to “all” affirmative defenses, only those that would have terminated litigation if asserted earlier.

The concurrence explained:

Footnote 11 was also noteworthy:

Final Note – The dissent argued for limiting the Horton doctrine to the issue of asserting the right to arbitration.

Housing Authority of the City of Yazoo City, Mississippi v. Billings, 2023-IA-00975-SCT (Civil – Contract)
Reversing the trial court’s order denying the Housing Authority’s motion for summary judgment on a breach of contract claim against it, holding that none of the alleged terms of the employment contract were contained in the Housing Authority board’s minutes, and rendering judgment in favor of the Housing Authority.
(9-0)

Gavin v. Evers, 2024-EC-00061-SCT (Civil – Election Contest)
Affirming the trial court’s grant of summary judgment in an election contest, holding that the trial court did not err in considering the motion to dismiss and motion for summary judgment simultaneously, did not err in excluding an affidavit that was not based on the affiant’s personal knowledge, did not err in finding no genuine issue of material fact in the voting irregularities claim, did not err by finding that the prevailing candidate met the two-year residency requirement, and did not err in denying the motion for reconsideration and request for additional findings of fact and conclusions of law.
(9-0)

Dollar General Corporation v. Dobbs, 2023-IA-00617-SCT (Civil – Torts)
Reversing the county court’s denial of the defendant’s motion to dismiss for failure to state a claim, holding that the trial court erred in finding the three-year statute of limitations applied where the complaint stated only a claim of defamation which is subject to a one-year statute of limitations.
(5-4)

Other Orders

Johnson v. State, 2022-CT-00665-SCT (denying cert)
Law Will and Testament of Prichard: Martin v. Arceneaux, 2022-CT-01035-SCT (denying cert)
Wilson v. State, 2023-CT-00070-SCT (dismissing pro se cert petition as untimely)
Wallace v. State, 2023-CT-00071-SCT (denying cert)
NCAA v. Farrar, 2023-IA-00282-SCT (denying rehearing)
In Re: Capitol Complex Improvement District Inferior Court, 2025-M-00007-SCT (granting motion to withdraw petition to adopt local rules of CCID Court)
In Re: Mississippi Rules of Evidence, 89-R-99002-SCT (granting motion to adopt Mississippi Rule of Evidence 807) Here is the text of the new rule:

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Mississippi Supreme Court Decisions of August 22, 2024; August 29, 2024; September 5, 2024 and September 12, 2024

I have fallen behind on my summaries. Fortunately for me, this has not been a particularly prolific stretch for the Mississippi Supreme Court. Summaries from the last four weeks are below.

August 22, 2024

No Opinions

August 29, 2024

Chatman v. State, 2023-KA-00583-SCT (Criminal – Felony)
Reversing conviction of two counts of sexual battery, holding that there was uncertainty as to the unanimity of the jury’s verdict as to the sexual-battery counts but that there was no such uncertainty as to the lesser-included offense of gratification of lust for each count, and remanded for new trial on sexual-battery charges or resentencing on the lesser-included counts.
(8-0: Randolph did not participate)

McClain v. State, 2023-KA-01189-SCT (Criminal – Felony)
Affirming conviction of possession of a firearm by a convicted felony, holding that there were no issues warranting reversal based on review of counsel’s Lindsey brief and the record.
(9-0)

September 5, 2024

Johnson v. State, 2023-CA-00117-SCT (Criminal – PCR)
Affirming the trial court’s decision that the defendant should remain parole ineligible after Miller hearing, holding the defendant was not entitled to jury sentencing under section 97-3-21(2) because he was convicted before July 1, 2024, and that the application of the parole-ineligibility statute to the defendant’s life sentence was not unconstitutional.
(6-3-0: Coleman concurred in part and in the result, joined by Kitchens and King)

September 12, 2024

Archie v. Smith, 2023-EC-01149-SCT (Civil – Election Contest)
Vacating judgment on petition for judicial review of an election contest, holding that the circuit court did not consider sufficient evidence to determine whether the circuit clerk’s office was open or closed on the due date which, in turn, determined whether the petition was timely.
(8-0: Kitchens did not participate)

Fluker v. State, 2022-CT-00692-SCT (Criminal – Felony)
Reversing conviction of conspiracy to commit aggravated assault, holding that the trial court erred in denying the defendant’s request to instruct the jury on the lesser-included offense of conspiracy to commit simple assault.
(8-0: Randolph did not participate)

Other Orders

August 22, 2024

Patrick v. Patrick, 2021-CT-00891-SCT (denying cert)
MDHS v. Johnson, 2022-CT-00605-SCT (granting cert)
Thoden v. Hallford, 2022-CA-00835-SCT (denying rehearing)
Smith v. State, 2022-CT_00852-SCT (denying cert)
Boyett v. State, 2022-CT-01239-SCT (denying cert)
McNinch v. Brandon Nursing & Rehabilitation Center, L.L.C., 2023-CA-00050-SCT (denying rehearing)
Gleason v. State, 2023-CT-00357-SCT (denying cert)
Pryer v. State, 2023-M-01230-SCT (denying motion to reconsider)

August 29, 2024

Ronk v. State, 2021-DR-00269-SCT (denying motion to stay mandate pending cert)
Arnold v. State, 2021-CT-01426 (denying cert)
Rutland v. Regions Bank, 2022-CT-00720 (denying cert)
Malone v. State, 2022-CT-00958-SCT (denying cert)
Minor v. State, 2022-CT-00990-SCT (granting cert)
The Mississippi Bar v. Rogers, 2024-BD-00215-SCT (granting the Bar’s motion for reimbursement of costs and expenses)

September 5, 2024

Wilson v. State, 2017-M-00230 (denying pro se application for leave to proceed in the trial court, finding the filing frivolous, and warning that future frivolous filings may result in sanctions)
Cage v. State, 2017-M-01498 (denying pro se application for leave to proceed in the trial court, finding the filing frivolous, and warning that future frivolous filings may result in sanctions)
Clarksdale Public Utilities Commission v. Mississippi Department of Employment Security, 2022-CT-01085-SCT (denying cert petition as untimely)

September 12, 2024

Marshall v. State, 2022-CT-00541-SCT (denying cert)
M.H. v. L.R., 2022-CA-00922-SCT (denying motion to substitute, motion to expedite consideration, and motion to dismiss the appeal as moot, and vacating judgment terminating parental rights)

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Mississippi Supreme Court Decisions of Late

Because of a string of litigation deadlines followed by a blessed week out of the office last week, I am behind on summaries. It has been a relatively slow month for hand downs in terms of volume from the Mississippi Supreme Court, so I am consolidating the last few weeks in this one post.

April 2, 2024 (a bonus Tuesday decision)

Barker v. Ivory, 2024-EC-00347-SCT (Civil – Election Contest)
Affirming the circuit court’s decision finding that a would-be candidate for Alderman was not qualified, holding that issues regarding the validity of the petition to object were procedurally barred and that the trial court’s decision that he failed to satisfy the two-year residency requirement was supported by sufficient evidence in the record.
(9-0)

April 4, 2024

State of Mississippi v. Aldrich, 2022-SA-01088-SCT (Civil – Real Property)
Affirming the chancery court’s ruling in favor of a private landowner in a dispute over whether an acre of Mississippi coastal land was properly designated as State-owned tidelands, holding that the secretary of state had failed to following statutory guidelines in drafting the maps and failed to meet its burden of proof that the artificial filling was not the product of the deposition of oyster shells and dredge spoils.
(7-1-0: Kitchens concurred in part and in the result without writing; Randolph did not participate)

Archie v. State, 2022-KA-00326-SCT (Criminal – Felony)
Affirming convictions of conspiracy and capital murder, holding that the defendant was entitled to an instruction on his alibi theory of defense but that the trial court’s error refusing of that instruction was harmless error, that the trial court did not abuse its discretion in refusing the defendant’s proposed reasonable doubt instruction on the basis that it was cumulative, that the trial court did not err by admitting photos of the defendant that were authenticated by a witness other than the photographer, that the verdicts were not against the overwhelming weight of the evidence, and that the ineffective assistance of counsel claim was without merit.
(5-4: Coleman dissented, joined by Kitchens, King, and Ishee)

NOTE – The dissent asserted that Mississippi law required an alibi instruction and that the failure to give the alibi instruction could not be harmless error.

Hayes v. Thomas, 2023-EC-00229-SCT (Civil – Election Contest)
Reversing the circuit court’s grant of a default judgment a year after an election contest was filed questioning the vote count, holding that a default judgment was not permissible in this general election contest (per section 23-15-951) and that the petitioner’s failure to diligently prosecute her contest required dismissal with prejudice.
(9-0)

April 11, 2024

– No opinions (other orders are below)

April 18, 2024

Robinson v. State, 2023-KA-00184-SCT (Criminal – Felony)
Affirming conviction of heat-of-passion manslaughter, holding that whether trial counsel was ineffective for failing to request a right-to-stand-your-ground jury instruction could not be analyzed on direct appeal based on direct appeal and holding that the State’s evidence was sufficient disprove the defendant’s self-defense claim.
(9-0)

Other Orders

April 4, 2024

Odom v. State, 2021-CT-00676-SCT (denying cert)
D.W. v. C.E., 2021-IA-01075-SCT (dismissing interloc as moot)
Hobby v. Ott, 2021-CT-01305-SCT (denying cert)
Pickle v. State, 2022-CT-00929-SCT (dismissing cert petition as untimely)

April 11, 2024

Smith v. State, 2020-CT-00774-SCT (denying cert)
Carpenter v. State, 2022-CT-00398-SCT (denying cert)
Hall v. State, 2022-CT-01097-SCT (denying cert)
Pryer v. State, 2023-M-01230-SCT (denying pro se petition to appeal)
Bennett v. Bennett, 2023-TS-01385 (ordering compliance with MRAP 10(b)(4))

April 18, 2024

Roberson v. State, 2021-CT-01182-SCT (denying cert)
Michael P. v. Thomas, 2021-CT-01288-SCT (denying cert)
Bennett v. State, 2021-CA-01313-SCT (denying rehearing)
Tubwell v. FV-1, Inc., 2021-CT-01345-SCT (granting pro se cert petition)
In Re: Administrative Orders of the Supreme Court of Mississippi, 2024-AD-00001-SCT (directing the disbursement of $138,454.56 in civil legal assistance funds among the MS Center for Legal Services, MS Volunteer Lawyers Project, and North MS Rural Legal Services)
Reeves v. Gary, 2024-EC-00406-SCT (granting motion to vacate response a response and the circuit court’s order in an election contest)

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Mississippi Supreme Court Decisions of June 8, 2023

The Mississippi Supreme Court handed down four opinions today. Three are direct appeals of criminal convictions and one is an election contest. One of the criminal appeals is an appeal of a capital murder conviction. The election contest decision settles who will appear on the Mississippi Democratic Primary’s ballot in the upcoming gubernatorial race.

Clanton v. State, 2021-KA-01159-SCT (Criminal – Felony)
Affirming conviction of possession of meth found subsequent to a traffic stop, holding that the trial court erred in admitting photos of money seized from the defendant but the error was harmless; that the trial court did not err in allowing testimony and photos about marijuana found in the defendant’s vehicle, in allowing the officer to testimony that he thought the pills were ecstasy, or in overruling the defendant’s objection to alleged misstatement of the evidence during closing; and that the verdict was supported by evidence and not against the overwhelming weight of it.
(9-0)

Harvey v. State, 2022-KA-00660-SCT (Criminal – Felony)
Affirming conviction of aggravated domestic violence, holding that the trial court did not err by prohibiting the defendant from eliciting impeachment testimony from a witness about specific instances of conduct by the victim and that the wording of a limiting jury instruction regarding prior bad acts was not error.
(9-0)

Chisholm v. State, 2021-KA-01254-SCT (Criminal – Felony)
Affirming conviction of capital murder, holding that the trial court was within its discretion to admit the firearm and the restraining order over objection, to admit evidence of prior bad acts, and to deny a motion for mistrial after striking the defense’s psychology expert, that the trial court did not err in denying a heat-of-passion instruction, that the defendant failed to prove a Brady violation with respect to his cell phone records and the contents of his journal and laptop; that the indictment was not defective or constructively amended as the defendant argued based on alleged lack of specificity as to burglary; and that the verdict was supported by sufficient evidence and not against the overwhelming weight of it.
(9-0)

The Mississippi State Democratic Party v. Hickingbottom, 2023-EC-00611-SCT (Civil – Election Contest)
Reversing the circuit court’s order to place a gubernatorial primary candidate on the ballot, holding that the would-be candidate failed to timely file his petition for review of his disqualification by the Party.
(8-0: Griffis did not participate.)

NOTE – The Supreme Court shut this one down procedurally in light of the upcoming election:

Other Orders

In Re: Rules of Discipline for the Mississippi Bar, 89-R-99010-SCT (appointing Hon. Eleanor J. (Faye) Peterson, Circuit Judge, as a member of the Complaint Tribunal)

Rules for Court Reporters, 89-R-99021-SCT (amending Rule I.(U) of the Rules and Regulations Governing Certified Court Reporters)

Davis v. State, 2021-CT-00759 (denying cert)

Durant Healthcare, LLC v. Garrette, 2021-CT-00823-SCT (denying cert)

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Mississippi Supreme Court Decisions of June 1, 2023

The Mississippi Supreme Court handed down seven opinions today, and covered a lot of territory in doing so. There is a breach of contract/attorney’s fees case, a fraudulent joinder venue case, a youth court venue case, a money dispute between a school board and school district, a direct criminal appeal, a death penalty PCR case, and an election contest. [There was a lot to get through today and I got a late start. I am sure there is a typo or two below that I will get around to catching and correcting.]

Healy v. AT&T Services, Inc., 2021-CP-01411-SCT (Civil – Other)
Affirming in part and reversing in part the chancellor’s decision in a breach of contract claim filed by a lawyer/law firm due to reassignment of a 1-800 number, holding that the chancellor did not err in awarding nominal damages of $500 where there was inadequate proof of actual damages but reversing the chancellor’s exclusion of attorney’s fees in the award of sanctions for discovery violations and remanded for determination of the appropriate amount.
(9-0)

Practice Point – Footnote 3 of this opinion is a cautionary tale for those submitted evidence in the record at the trial court level and those reviewing the clerk’s record during the appeal:

The plaintiff in this case was seeking lost profits, but was only awarded nominal damages because there was insufficient evidence to show decreased earnings. To support the damages claim on appeal, the plaintiff submitted the plaintiff’s trial testimony, the firm’s QuickBooks reports for 2017-2018, and the plaintiff’s 2019 tax return. I don’t know if the QuickBooks reports would have moved the needle in this case, but that’s a question one generally does not want lingering after an appeal.

Another Practice Point – This opinion has a thorough discussion of the law on the measure of damages for breach of contract and lost profits claims. It is worth bookmarking for that purpose.

Doe v. Adams County Dept. of Child Protection Services, 2022-CA-00240-SCT (Civil – Other)
Affirming youth court’s denial of motion to transfer venue in an action to terminate parental rights for lack of jurisdiction and motion for recusal, holding that venue was proper because both the natural mother and the child resided in the venue county and that the trial court did not commit a manifest abuse of discretion in denying a motion for recusal.
(9-0)

Alpha Management Corp. v. Harris, 2022-IA-00354-SCT (Civil – Wrongful Death)
consolidated with
Community Park Apartments, Inc. v. Harris, 2022-IA-0355-SCT (Civil – Wrongful Death)
Reversing the trial court’s denial of motions to transfer venue, holding that the defendant that purportedly established venue in Hinds County was not a material and proper party and setting aside a default judgment against the fraudulently-joined defendant.
(7-1-1: Coleman concurred in part, joined in part by Griffis; Griffis concurred in part and dissented in part, joined in part by Coleman.)

NOTE – When discussing its decision to set aside the default judgment against the fraudulently-joined defendant, the Supreme Court had this to say:

Board of Supervisors of Lowndes County v. Lowndes County School District, 2021-CA-00999-SCT (Civil – Other)
Reversing the trial court’s grant of summary judgment in favor of the school district in a dispute over the board’s decision to exclude more than $3M from the district’s requested ad valorem tax effort, holding that the district’s exclusive remedy was section 11-51-75 which required an appeal of the board’s decision to be filed in the circuit court within 10 days and that the district failed to do so.
(7-2-0: King concurred in the result only, joined by Kitchens.)

Welch v. State, 2022-KA-00457-SCT (Criminal – Felony)
Affirming conviction of statutory rape, holding that trial counsel’s decision not to collect and test defendant’s relatives’ DNA was reasonable trial strategy and not deficient performance and did not cause prejudice.
(9-0)

Garcia v. State, 2021-CA-01214-SCT (Civil – Death Penalty – Post Conviction)
Affirming denial of PCR motion to set aside a plea of guilty to capital murder and sentence to death, holding that the trial court did not fail to address the petitioner’s expert testimony and did not err by continuing to rely on the petitioner’s own competency expert or in ruling the petitioner was competent to plead guilty, that trial counsel was not constitutionally ineffective for not calling attention to a potential autism diagnosis or in preparing the petitioner to plead guilty, and the petitioner was not deprived of expert assistance under Ake.
(9-0)

Barton v. Adams-Williams, 2023-EC-00586-SCT (Civil – Election Contest)
Affirming denial of petition to disqualify a candidate for county prosecutor, holding that the trial court applied the proper standard in analyzing the candidate’s residency and did not manifestly err in its factual findings.
(9-0)

Other Orders

In Re: Advisory Committee on Rules, 89-R-99016-SCT (appointing Nicholas K. Thompson as member of Supreme Court of Mississippi Advisory Committee on Rules)

Rules for Court Reporters, 89-R-99021-SCT (appointing Theresa Lumley and Hon. David B. Strong, Huey Bang, and Jerry D. Sharp as members of the Board of Certified Court Reporters)

Lowe v. State, 2019-CT-01621-SCT (dismissing cert petition)

Powers v. State, 2017-DR-00696-SCT (denying motion to stay, granting in part a motion to compel disclosure, and granting leave to file reply)

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Mississippi Supreme Court Decisions of May 11, 2023

The Mississippi Supreme Court handed down four decisions today. One is an interlocutory appeal of a discovery order in a personal injury case and one is a direct criminal appeal. The other two are election contest cases, one regarding the race for public service commissioner and other a state representative race.

Mississippi Baptist Health Systems, Inc. v. Johnson, 2022-IA-00158-SCT (Civil – Personal Injury)
Reversing the trial court’s order compelling the defendant hospital to produce two incident reports over a claim of privilege, holding that the trial court erred in ordering production without conducting in camera review and remanding for that purpose.
(9-0)

Norwood v. State, 2021-KA-00903-SCT (Criminal – Felony)
Affirming conviction of aggravated domestic violence, holding that there was no reasonable probability that, but for defense counsel’s failure to present evidence of the victim’s purported drug use while cross-examining her, the trial result would have been different.
(9-0)

Gunasekara v. Barton, 2023-EC-00377-SCT (Civil – Election Contest)
Affirming the trial court’s decision in an election contest, holding that the trial court did not manifestly err by holding that the plaintiff failed to meet the five-year residency requirements for the office of Public Service Commissioner.
(6-0: Coleman, Maxwell, and Chamberlin did not participate.)

NOTE – The Court declined to address the plaintiff’s claim that the five-year citizenship requirement violated the 14th Amendment, noting that the Attorney General should be given the opportunity to argue the question of constitutionality.

Jones v. Yates, 2023-EC-00395-SCT (Civil – Election Contest)
Affirming the trial court’s finding in an election contest, holding that the trial court erred in determining that the would-be candidate for state representative satisfied the two-year residency requirement but affirmed because the trial court reached the correct outcome for other reasons.
(9-0)

Other Orders

Short v. State, 2021-CT-00499-SCT (dismissing pro se cert petition)

Davis v. State, 2021-CT-00593-SCT (denying cert)

Meek v. Cheyenne Steel, Inc., 2021-CT-01219-SCT (denying cert)

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