I was out of town for a wedding anniversary trip on Tuesday, and then I have been playing catch-up at the office to recover from said trip, so my summaries are delayed this week. First up is Tuesday’s offering from Mississippi Court of Appeals. The COA handed down five opinions this week: a termination of parental rights case, an emancipation case, two direct criminal appeals, and an attempted appeal of a MDOC decision.
Rogers v. Kresse, 2021-CA-00914-COA (Civil – Custody)
Affirming termination of parental rights, holding that the chancery court did not err in finding that the natural mother had abandoned her children and that the father had not abused his discretion with regard to visitation by disallowing it, and that reunification was not in the children’s best interest.
(7-2-0: McDonald concurred in part in and the result without separate written opinion; Westbrooks concurred in result only without separate written opinion.)
Talley v. Talley, 2022-CA-00005-COA (Civil – Domestic Relations)
Affirming the chancellor’s judgment in an emancipation proceeding initiated by a father with a counter-petition for contempt for failure to pay filed by the mother, holding that the chancellor did not err by finding that the children were emancipated while not modifying the life insurance provision of the divorce agreement, finding the father in contempt for failing to pay his portion of certain expenses, and awarding the mother attorney’s fees.
(9-0: Barnes did not participate.)
Allen v. State, 2022-KA-00331-COA (Criminal – Felony)
Affirming conviction of selling fentanyl and trafficking and possession of controlled substances while possessing a firearm, holding that the circuit court did not err in admitting text messages into evidence on authentication, relevance, or hearsay grounds.
(7-3-0: Wilson concurred in part and in the result without separate written opinion; Westbrooks and McDonald concurred in result only without separate written opinion.)
Wallace v. State, 2022-KA-00332-COA (Criminal – Felony)
Affirming conviction of first-degree murder, holding that the trial court did not err in denying the defendant’s request for a heat-of-passion manslaughter instruction or by allowing testimony related to injuries the victim suffered a week before her death.
(9-0: Smith did not participate.)
NOTE– I love it when opinions cut to the chase. Introductions like this would just about put me out of business around here:
Knight v. State, 2021-CP-01192-COA (Civil – State Boards & Agencies)
Dismissing an appeal for lack of jurisdiction, holding that the appeal of a purported PCR motion was untimely and because it was actually a petition seeking judicial review of an MDOC decision it was a civil appeal for which the Court could not suspend the rules to allow an untimely appeal.
(10-0)
Other Orders
McKenzie v. State, 2012-KA-00471-COA (dismissing untimely motion for rehearing)
Thomas v. State, 2021-CP-00060-COA (denying rehearing)
Pace v. State, 2022-KA-00046-COA (denying rehearing)
Jones v. State, 2023-TS-00325-COA (dismissing appeal as untimely)
Bates v. State, 2023-TS-00356-COA (allowing appeal to proceed as timely based on well-taken pro se show-cause response)
Mississippi Appeals Blog 