Tag: Felony

Mississippi Court of Appeals Decisions of December 16, 2025

As the year draws the a close, the Mississippi Court of Appeals is finishing strong with seven opinions handed down today. There were three domestic relations cases, two felony appeals, one misdemeanor appeal, and an undue influence case.

Rasbeery v. State, 2024-KA-01005-COA (Criminal – Felony)
Affirming conviction of possession of meth with a firearm enhancement, holding that the conviction of constructive possession was supported by sufficient evidence, that the verdict was not against the overwhelming weight of the evidence, and that the trial court did not err in denying a motion suppress the defendant’s roadside statements.
(10-0: McCarty for the Court)

Lucas v. Estate of Lucas, 2024-CA-01259-COA (Civil – Wills, Trusts & Estates)
Affirming the chancellor’s decision invalidating a gift and setting aside a deed, holding that the grantee did not provide sufficient evidence overcome the presumption of undue influence.
(10-0: McCarty for the Court)

J.T.S. v. M.L.S., 2024-CA-00023-COA (Civil – Domestic Relations)
Affirming in part and reversing in part a chancellor’s decision in a divorce case, holding that the Court had appellate jurisdiction, that the chancery court did not in dismissing several counts of the amended complaint, that the chancellor did err in modifying the life insurance provision of the divorce agreement, that the chancellor did not err in enforcing a provision limiting reimbursement of medical expenses, that the chancellor did not err in assessing post-judgment interest, that the chancellor did not err in finding that one party had no obligation to contribute to condo or allowance expenses, that the chancery court did not abuse its discretion in crediting payments as child support, that the chancellor did err in awarding attorney’s fees without specific findings, and that there was no merit to the claim that the chancellor was impartial.
(7-1-0: McDonald for the Court; Wilson concurred in part and in the result without writing; Lawrence and St. Pe’ did not participate)

Turner v. State, 2024-KM-01020-COA, consolidated with 2024-KM-01028-COA (Criminal – Misdemeanor)
Affirming convictions of speeding and careless driving on appeal from justice court, holding that the evidence was sufficient to support the conviction which was not against the overwhelming weight of the evidence and that the trial court did not impermissibly place the burden of proof on the defendant.
(10-0: McDonald for the Court)

Odom v. State, 2023-KA-01165-COA (Criminal – Felony)
Affirming conviction of first-degree murder and armed robbery, holding that the jury was not so improperly instructed on self-defense as to warrant reversal and that the evidence was sufficient to support his conviction.
(9-1-0: Wilson for the Court; Barnes concurred in part and in the result without writing)

Bradshaw v. Bradshaw, 2024-CA-00882-COA (Civil – Domestic Relations)
Affirming judgment of contempt, holding that the chancellor did not err in finding the ex-husband in willful contempt for failing to pay court-ordered alimony or in reducing his monthly periodic alimony payment.
(10-0: Barnes for the Court)

Thornton v. Thornton, 2024-CA-00320-COA (Civil – Domestic Relations)
Affirming the chancellor’s judgment in a divorce case, holding that the chancery court did not abuse its discretion awarding joint legal and physical custody, that the chancellor did not err in distribution of marital property or in personal property.
(7-1-2: Barnes for the Court; Wilson concurred in part and in the result without writing; Carlton concurred in part and dissented in part, joined by McCarty)

Other Orders

  • Parra v. Rapid-American Corporation, 2023-CA-01196-COA (denying rehearing)
  • Buck v. State, 2024-KA-00025-COA (denying rehearing)
  • Tauzin v. Tauzin, 2024-CA-00141-COA (denying rehearing)

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Mississippi Court of Appeals Decisions of December 9, 2025

The Mississippi Court of Appeals handed down six opinions yesterday. Three are appeals of felony convictions and the others are an heirship case, a worker’s comp case, and a reversal in a PCR case.

Oats v. State, 2024-KA-00278-COA (Criminal – Felony)
Affirming conviction of manslaughter, holding that the trial court did not abuse its discretion in denying a motion for mistrial after the jury declared itself hung and that the issue was doubly procedurally-barred and that the conviction was supported by sufficient evidence and was not against the overwhelming weight of it.
(7-3: Lawrence for the Court; McDonald dissented without writing; Westbrook dissented, joined by McDonald and Lassitter St. Pe’)

Chamblee v. State, 2024-KA-00556-COA (Criminal – Felony)
Affirming conviction of one count of gratification of lust, holding that the trial court did not abuse its discretion in denying the motion for change of venue, in denying a motion for mistrial, in excluding false-accusation evidence, or in excluding sexually explicit photographs, and that the verdict was not against the overwhelming weight of the evidence.
(10-0: McDonald for the Court)

Physicians’ Pain and Spin Specialists, PLLC v. Kluczkowski, 2025-WC-00069-COA (Civil – Workers’ Comp)
Affirming the MWCC’s finding that the employer was subject to the MWCA and that the claimant sustained a compensable injury, holding that there was substantial evidence that the employer regularly employed at least five employees and that the claimant presented substantial evidence of a compensable injury.
(10-0: McDonald for the Court)

O’Callaghan v. State, 2024-KA-00415-COA (Criminal – Felony)
Affirming conviction of two counts of possession of a controlled substance, holding that the trial court did not abuse its discretion in finding holding trial in absentia or in denying the defendant’s motion for mistrial based on a juror’s remark.
(7-3-0: Carlton for the Court; Westbrooks and McCarty concurred in part and in the result without writing; McDonald concurred in result only without writing)

Estate of Dorsey v. Matory, 2024-CA-00925-COA (Civil – Wills, Trusts & Estates)
Affirming the chancery court’s judgment in an heirship dispute, holding that the chancellor did not err in finding that a prior adoption petition and proceeding constituted an adjudication of paternity of and legitimacy, that the adopted child was an heir-at-law of his biological father entitled to a share of his estate, or that equity favored not applying the one-year statute of limitations.
(8-2-0: Barnes for the Court; Wilson concurred in part and in the result without writing; Westbrooks specially concurred, joined by McDonald and McCarty)

Shelton v. State, 2024-CA-00435-COA (Civil – PCR)
Reversing the denial of a PCR petition, holding that the circuit court clearly erred in holding that a revised State’s expert opinion does not merit reversal and that arguments regarding ineffective assistance and factual innocence are moot since the case was remanded for new trial.
(7-3: Barnes for the Court; Emfinger concurred in part and dissented in part, joined by Lawrence and Weddle)

Other Orders

  • Moyer v. Blades, 2023-CA-01180-COA (denying rehearing)
  • James v. Memorial Hospital at Gulfport, 2024-CA-00459 (denying rehearing)
  • Snyder v. Pilger, 2024-CA_00460-COA (denying rehearing)
  • Carroll v. State, 2024-KA-00481-COA (recalling mandate and granting pro se motion for additional time to file motion for rehearing)
  • Cole v. Fish, 2024-CA-00508-COA (denying rehearing)
  • Corr Properties, LLC v. City of Oxford, 2024-CC-00665-COA (denying rehearing)
  • Graves v. State, 2024-KA-00691-COA (recalling mandate and granting pro se motion to file motion for rehearing otu of time)
  • Haddad v. State, 2025-TS-01229-COA (dismissing application to proceed in forma pauperis on appeal and granting time for the pro se appellat to file the motion in circuit court)
  • Reid v. State, 2025-TS-01261-COA (suspending deadling to file appeal to allow appeal to proceed on its merits)

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Mississippi Court of Appeals Decisions of December 2, 2025

The Mississippi Court of Appeals handed down seven opinions on Tuesday. Four are criminal appeals. The three civil cases involve child visitation modification, a 12(b)(6) motion, and a motion to compel arbitration.

Holifield v. State, 2023-KA-01320-COA (Criminal – Felony)
Affirming conviction of first-degree murder, holding that the trial court did not err in refusing the defendant’s heat-of-passion manslaughter instruction, that the conviction was supported by sufficient evidence, and that the verdict was not against the overwhelming weight of the evidence, and also declining to address the ineffective-assistance-of-appellate-counsel claim on direct appeal.
(8-2-0: Lassitter St. Pe’ for the Court; Wilson concurred in part and in the result without writing’ Westbrooks concurred in the result only without writing)

Rodgers v. State, 2024-KA-01116-COA (Criminal – Felony)
Affirming conviction of possession of a firearm by a felon, holding that there was sufficient evidence that he possessed a firearm on the date alleged in the indictment.
(9-0: Lassitter St. Pe’ for the Court)

Cosby v. State, 2024-KA-00518-COA, consolidated with Cosby v. State, 2024-KA-00522-COA (Criminal – Felony)
Affirming two defendants’ convictions of sexual battery of a minor, holding that the trial court did not err by denying their motion for directed verdict or in denying their JNOV, that there was sufficient evidence to support the conviction, that the trial court did not err in failing to conduct a pretrial hearing on a tender-years issue, that the trial court did not err in limiting cross-examination of witnesses, and that the plaintiff’s ineffective-assistance-of-counsel claim lacked merit.
(10-0: Weddle for the Court)

Kirkland v. Kirkland, 2024-CA-00801-COA (Civil – Domestic Relations)
Affirming the chancellor’s ruling on a visitation modification petition, holding that the chancellor did not abuse her discretion, commit clear error, or manifest error in denying the mother’s petition to modify visitation or in granting the father’s counterclaim for additional visitation.
(10-0: Weddle for the Court)

Martin v. Smith, 2024-CA-01027-COA (Civil – Torts)
Affirming the trial court’s decision granting the defendant’s 12(b)(6) motion, holding that the plaintiff failed to sufficiently state claims for defamation, slander, malicious interference with employment, or intentional infliction of emotional distress under Mississippi’s pleading standard.
(7-2-1: Weddle for the Court; Wilson and McDonald concurred in part and in the result without separate written opinion; Barnes dissented without writing)

Jenkins v. Ford Motor Company, 2024-CA-00994-COA (Civil – Contract)
Reversing the trial court’s decision granting a motion to compel arbitration, holding that although the defendant asserted arbitration in its answer waiting nearly one year before filing a motion to compel arbitration while engaging in the litigation process constituted failure to pursue it.
(6-4: Lawrence for the Court; Emfinger dissented, joined by Barnes, Wilson, and Lassitter St. Pe’)

Practice Point – Arbitration agreements have made a strong showing on here lately. Beware of recycled briefing on arbitration-related issues.

Butler v. State, 2024-KA-00821-COA (Criminal – Felony)
Affirming conviction of first-degree murder, holding that the trial court did not err in denying the defendant’s imperfect self-defense instruction where the trial court also granted the defendant’s self-defense instruction.
(10-0: Westbrooks for the Court)

Other Orders

  • Green v. Presbyterian Day School, 2023-CA-01278-COA (denying rehearing)
  • Luster v. State, 2024-CA-00014-COA (denying rehearing)
  • Brownlee v. State, 2024-CA-00585-COA (denying rehearing)
  • Teel v. Boyd Biloxi, LLC, 2024-CP-00810-COA (denying rehearing)

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Mississippi Court of Appeals Decisions of November 25, 2025

The Mississippi Court of Appeals served a seasonally-appropriate portion of twelve opinions on Tuesday with nine other orders on the side. You can read about the lot below.

Cummings v. State, 2024-KA-00909-COA (Criminal – Felony)
Affirming conviction of two counts of first-degree murder, holding that the conviction was supported by sufficient evidence, the verdict was not against the overwhelming weight of the evidence, the trial court did not abuse its discretion in the jury instructions given, the trial court did did not abuse its discretion in allowing evidence of other bad acts, the ineffective-assistance-of-counsel claim was without merit, and that the cumulative error doctrine did not apply.
(7-3: Weddle for the Court; Wilson dissented, joined by Westbrooks and McDonald)

In the Interest of K.B.: A.B.B. v. E.B.S., 2024-CA-00313-COA (Civil – Custody)
Affirming the youth court’s decision terminating parental rights, holding that the natural mother exercised all of the rights that she complained on appeal that the trial court failed to give her including her right to court-appointed counsel.
(8-2-0: Emfinger for the Court; Westbrooks and McCarty concurred in part and in the result without writing)

Bivins v. Ellisville State School, 2024-SA-01098-COA (Civil – State Boards & Agencies)
Affirming the circuit court’s decision affirming the Mississippi Employee Appeals Board’s decision affirming an employee’s termination, holding that the former employee failed to show that the order was not supported by substantial evidence or was arbitrary and capricious.
(10-0: McCarty for the Court)

Dortch v. State, 2024-KA-01102-COA (Criminal – Felony)
Affirming conviction of capital murder while engaged in the commission of a robbery after reviewing counsel’s Lindsey brief and independently reviewing the record.
(10-0: McCarty for the Court)

Latham v. State, 2024-KA-00719-COA (Criminal – Felony)
Affirming conviction of sexual battery after reviewing counsel’s Lindsey brief and independently reviewing the record.
(10-0: Lawrence for the Court)

Day v. Day, 2024-CA-00771-COA (Civil – Custody)
Affirming the chancery court’s custody modification order, holding that there was evidence to support the chancellor’s finding of a material change in circumstances and awarding the mother custody and visitation rights for the father.
(9-0: Lawrence for the Court; Weddle did not participate)

Higdon v. Pinkston, 2023-CP-00685-COA (Civil – Real Property)
Affirming the chancellor’s grant of summary judgment in a property-line dispute, holding that the chancellor’s decision where the motion for summary judgment was not opposed by a response or evidence at the hearing.
(10-0: Carlton for the Court)

McLaurin v. State, 2024-KA-00138-COA (Criminal – Felony)
Affirming conviction of possession of meth but reversing sentence as a nonviolent habitual offender, holding that the conviction was supported by sufficient evidence and the verdict was not against the overwhelming weight of the evidence, that there was no plain error in admission of hearsay testimony from an officer, that the ineffective-assistance-of-counsel claim lacked merit, that the trial court properly excluded proposed hearsay testimony, that the trial court did not err in qualifying the jury venire in the defendant’s absence, that the spousal privilege did not apply to certain testimony, and that matters not raised in the trial court were procedurally barred, but holding that the trial court erred in finding that it lacked sentencing discretion.
(6-4-0: Carlton for the Court; Wilson, McDonald, Emfinger, and Weddle concurred in part and in the result without writing)

Bodie v. State, 2024-KA-00634-COA (Criminal – Felony)
Affirming conviction of two counts of sexual battery and one count of touching a child for lustful purposes, holding that the defendant’s rights under the Double Jeopardy Clause were not violated.
(10-0: Carlton for the Court)

CNRS&Z Inc. v. Bridgecrest Acceptance Corporation, 2024-CA-00365-COA (Civil – Contracts)
Affirming the trial court’s decision granting a motion to compel arbitration, holding that the trial court did not err in finding a valid and binding arbitration agreement with one of the defendants and that the “close legal relationship” between that defendant and two others allowed them to enforce the arbitration agreement as well.
(5-5: Barnes for the Court; McCarty concurred in part and dissented in part, joined by Westbrooks, McDonald, Lawrence, and Lassitter St. Pe’)

Note – The dissent agreed that the claims against the defendant who signed the arbitration agreement were bound to arbitration, but took issue with binding the claims against the other two defendants:

Estate of Price v. St. Dominic-Jackson Memorial Hospital, 2024-CA-00582-COA (Civil – Med Mal)
Affirming the circuit court’s dismissal of a med mal action finding that it was barred by the statute of limitations and that it was an impermissible duplicative action, holding that the plaintiff waived any challenge to the dismissal as an impermissible duplicative action by failing to address it on appeal and that it was therefore unnecessary for the Court to address the statute of limitations issue.
(6-2-0: Wilson for the Court; McDonald concurred in result only without writing; Lassitter St. Pe’ specially concurred, joined by Westbrooks; Barnes and Weddle did not participate.)

Avery v. State, 2024-CP-01044-COA (Civil – PCR)
Reversing summary dismissal of a PCR motion, holding that the motion was sufficient to survive summary dismissal and required the State to answer to motion and provide an explanation for its calculate of the parole eligibility date.
(8-2: Wilson for the Court; Lawrence dissented, joined by Weddle)

Other Orders

  • In the Interest of J.S.: P.S. v. Pearl River County Dept. of CPS, 2023-CA-00932-COA (denying rehearing)
  • Swims v. State, 2023-KA-01244-COA (denying rehearing)
  • Jackson v. State, 2023-KA-01280-COA (denying rehearing)
  • Hinds v. PERS, 2023-SA-01400-COA (denying rehearing)
  • Patterson v. State, 2024-KA-00268-COA (denying rehearing)
  • Brown v. State, 2024-CA-00307-COA (denying hearing)
  • Varnado v. State, 2024-KA-00338-COA (denying rehearing)
  • Polk v. State, 2024-KA-00591-COA (denying rehearing)
  • Wright v. State, 2025-TS-00986-COA (dismissing appeal as untimely)

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Mississippi Court of Appeals Decisions of November 18, 2025

The Mississippi Court of Appeals handed down ten opinions today. Eight of the opinions are “new” and two of them follow a rehearing grant.

Eaglin v. Burse, 2024-CA-00808-COA (Civil – Custody)
Reversing the chancellor’s decision in a custody dispute, holding that the chancellor abused her discretion in denying a motion to continue and a motion in limine.
(9-0: Lassitter St. Pe’ for the Court; Westbrooks did not participate)

In Re Conservatorship of Mayberry: Mayberry-Johnson v. Mayberry, 2024-CA-00649-COA (Civil – Wills, Trusts & Estates)
Affirming the chancellor’s decision granting a petition to be appointed guardian and conservator of the petitioner’s husband over the objection of their daughter, holding that the chancellor did not abuse his discretion or commit clear error.
(10-0: Weddle for the Court)

Hall v. State, 2023-KA-01363-COA (Criminal – Felony)
Affirming convictions of conspiracy and aggravated assault, holding that the trial court did not err in admitting video and then admitting witness testimony identifying the defendant in the video.
(8-2-0: Emfinger for the Court; Westbrooks and McDonald concurred in the result only without writing)

Longino v. State, 2024-KA-00772-COA (Criminal – Felony)
Affirming conviction of first degree murder, holding that the trial court did not err in excluding the defendant’s complete law enforcement interview or in prohibiting the defendant’s father from testifying regarding the defendant’s history of mental health and treatment.
(9-1-0: Emfinger for the Court; Westbrooks concurred in part and in the result without writing)

Clarksdale Municipal School District Board of Trustees v. Montgomery, 2024-CA-00611-COA (Civil – Contract)
Reversing the chancery court’s decision to reverse the school board’s decision upholding a teacher’s contract non-renewal, holding that because the teacher did not comply with the statute’s requirements no hearing was necessary for the school board to uphold the non-renewal.
(9-1: McCarty for the Court; McDonald dissented without writing)

Manning v. State, 2024-CP-00853-COA (Civil – PCR)
Affirming the trial court’s order denying a motion for PCR based on a finding that it was successive.
(5-1-4: Lawrence for the Court; McCarty concurred in part without writing; Wilson and McDonald dissented in part without writing; Westbrooks dissented, joined by Barnes and McDonald and joined in part by Wilson and McCarty.)

McKnight v. State, 2024-KA-00779-COA (Criminal – Felony)
Affirming conviction of possession of a weapon by a habitual offender, holding that the trial court did not abuse its discretion by refusing to give a jury instruction proposed by the defendant because it was an inaccurate statement of the law or in denying a new trial.
(9-1-0: Westbrooks for the Court; Wilson concurred in part and in the result without writing)

Yates v. State, 2024-KA-00371-COA (Criminal – Felony)
Affirming conviction of burglary of a dwelling, holding that claim of error in excluding testimony was procedurally barred for lack of a proffer and that the conviction was supported by sufficient evidence.
(9-1-0: Wilson for the Court; Westbrooks concurred in the result only without writing)

Taylor v. State, 2023-CA-00738-COA (Civil – PCR)
Granting a motion for rehearing and reversing the trial court’s denial of a PCR motion, holding that the trial court exceeded its jurisdiction when it sentenced a man to a term that exceeded the maximum and that its actions in doing so are void.
(8-2: McCarty for the Court; Emfinger concurred in part and dissented in part without writing; Wilson dissented, joined by Emfinger)

Note – Here is how the Court summarized its holding:

McDonald v. Pruwitt, 2023-CA-01312-COA (Civil – Custody)
Granting rehearing and affirming the chancellor’s findings regarding the statutory criteria for grandparent visitation rights but reversing and remanding for specific findings regarding the Martin factors.
(10-0: Emfinger for the Court)

Other Orders

  • Nelson v. State, 2023-CP-00647-COA (denying rehearing)
  • Walker v. State, 2023-KA-01012-COA (denying rehearing)
  • Howard v. Howard, 2023-CA-01029-COA (denying rehearing)
  • Briggs v. Jackson, 2023-CA-01241-COA (denying rehearing)
  • Gombak0-Amos v. Amos, 2023-CA_01253-COA (denying rehearing)
  • Brodie v. Brodie, 2023-CA-01397-COA (denying rehearing)
  • Bhatti v. Board of Supervisors of Coahoma County, Mississippi, 2024-CA-00027-COA (denying rehearing)
  • Martin v. Martin, 2024-CA-00222-COA (denying rehearing)
  • Pickens v. State, 2025-TS-01084-COA (suspending Rule 4(a)’s deadline and allowing the appeal to proceed on the merits)
  • Lee v. State, 2025-TS-01099-COA (finding pro se response to show-cause notice well-taken and allowing appeal to proceed)
  • Fisher v. State, 2025-TS-01174-COA (granting appellant’s pro se motion to proceed out-of-time)

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Mississippi Supreme Court Decisions of November 13, 2025

The Mississippi Supreme Court handed down four opinions yesterday. There was also an order dismissing an appeal as untimely based on a defect in a motion for reconsideration filed with the trial court that is worth a quick read.

Mohiuddin v. Jackson County, 2024-CA-00759-SCT (Civil – State Boards and Agencies)
Affirming the circuit court’s judgment upholding the Board of Supervisor’s approval of a special exception to a zoning ordinance, holding that the Board’s interpretation of its zoning ordinance was correct and that is decision granting a special exception was not arbitrary and capricious and was supported by substantial evidence.
(9-0: Branning for the Court)

Miller v. State, 2024-KA-00804-SCT (Criminal – Felony)
Affirming conviction of aggravated assault, holding the indictment was not defective and that the defense was not prejudiced by the State’s amendment of the indictment.
(7-1-0: Griffis for the Court; King concurred in result only without writing)

Thompson v. Estate of Lee, 2025-CA-00286-SCT (Civil – Wills, Trusts & Estates)
Reversing the chancellor’s decision in a claim brought against an estate by the former clients of the decedent regarding misappropriated client funds, holding that the chancellor erred in dismissing the clients’ claims where the court had previously ruled that MDL funds at issue belonged to the clients and erred in finding that the former clients were required to maintain a judgment against the decedent or his estate to recover their funds that he held in trust.
(8-1: Chamberlin for the Court; Randolph concurred in result only without writing)

Busby v. State, 2024-KA-00482-SCT (Criminal – Felony)
Affirming conviction of sale of a Schedule II substance, holding that there was no Confrontation Clause violation where the trial court admitted testimony from a drug-analyst expert to testify that the substance sold was methamphetamine and admitted the law report through that expert where the expert was the technical reviewer and not the initial analyst.
(5-4: Maxwell for the Court; Coleman concurred in result only, joined by King, Ishee, and Sullivan.)

Other Orders

  • P.K. Loyacono, PLLC v. Raymond James Financial Services, Inc., 2024-CA-00791-SCT (granting motion to dismiss appeal from final judgment for lack of jurisdiction)

Practice Point – This Order is a cautionary tale. A “motion for reconsideration” that does not state grounds for relief does not toll the appeal deadline:

In Re: Advisory Committee on Rules, 89-R-99016-SCT (reappointing the following persons for three-year terms (1/1/26 to 12/31/28) as members of the Advisory Committee on Rules: Hon. Crystal Wise Martin, Hon. Celeste Embrey Wilson, David P. Pitre, Esq., Corey Clayton Cranford, Esq., Lance L. Stevens, Esq., and Katherine S. Kerby, Esq.)

  • Jones v. State, 2022-CT-01124-SCT (denying cert)
  • Davis v. State, 2023-CT-00811-SCT (denying cert)
  • Lee v. Doolittle, 2023-CT-00969-SCT (granting cert)
  • Phinizee v. State, 2023-CT-01090-SCT (denying cert)
  • Fortner v. IMS Engineers, Inc., 2023-CT-01170-SCT (denying cert)
  • Smith v. State, 2024-CT-00162-SCT (denying cert)
  • Underwood v. State, 2024-CT-00423-SCT (dismissing cert petition as untimely)

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Mississippi Supreme Court Decisions of November 6, 2025

The Mississippi Supreme Court handed down four opinions today. There is a divorce case, an adoption case, and two felony convictions.

Edwards v. Edwards, 2023-CA-01334-SCT (Civil – Domestic Relations)
Affirming judgement of divorce awarding ex-husband primary physical custody, holding that the trial court did not err in its Albright analysis, did not err in denying the motion for new trial, and did not err in denying a motion for recusal.
(8-0: Branning for the Court; Coleman did not participate)

Practice Point – The Court discussed the failure to make specific findings of fact when conducting an Albright analysis:

Mayfield v. State, 2024-KA-00822-SCT (Criminal – Felony)
Affirming conviction of sexual battery, holding that the conviction was supported by sufficient evidence and that the verdict was not against the overwhelming weight of the evidence.
(9-0: Branning for the Court)

Moody v. State, 2025-KA-00022-SCT (Criminal – Felony)
Affirming conviction of possession of methamphetamine, holding that the conviction was supported by sufficient evidence.
(9-0: Maxwell for the Court)

Note – Here is the Court’s preview of the evidence.

Hines v. Caldwell, 2024-CA-00921-SCT (Civil – Adoption)
Affirming the chancery court’s decision granting foster parents’ petition for adoption, holding that the adoptive parents were not contractually barred from seeking adoption before exhaustion of family placement with CPS and that judicial estoppel did not apply.
(9-0: King for the Court)

Other Orders

  • In Re: The Rules of Civil Procedure, 89-R-99001-SCT (denying letter motion)
  • In Re: Local Rules, 89-R-99015-SCT (granting motion seeking approval of revisions to the Local Rules for the Fifth Chancery Court District)
  • Ramsey v. State, 2023-CT-00440-SCT (denying cert petition as untimely)
  • Foote v. Memorial Hospital at Gulfport, 2023-CT-00504-SCT (denying cert)
  • Watkins Construction, Inc. v. Mississippi Department of Revenue, 2024-SA-00662-SCT (denying rehearing)

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Mississippi Court of Appeals Decisions of November 4, 2025

The Mississippi Court of Appeals handed down ten opinions yesterday. The Court covered a lot of ground including wills,the MTCA, felony convictions, an arbitration award, and arbitration agreement enforceability.

Pittman v. Charles Schwab & Co., Inc., 2024-CA-00619-COA (Civil – Torts)
Reversing the circuit court’s grant of a motion to compel arbitration, holding that the circuit court erred in finding that the plaintiff was a third-party beneficiary of an arbitration agreement.
(9-1: Weddle for the Court; Wilson dissented)

Ward v. State, 2024-KA-00341-COA (Criminal – Felony)
Affirming in part and reversing in part after a judgment of convictions of voyeurism and first-degree murder, holding that trial counsel was not ineffective for not requesting a severance or for failing to object to the State’s peremptory strikes and that the evidence was sufficient to support each of the convictions, but holding that the circuit court erred in refusing a heat-of-passion manslaughter instruction.
(7-3: Emfinger for the Court; Wilson and Westbrooks concurred in part and dissented in part without writing; Lawrence concurred in part and dissented in part, joined by Carlton and Westbrooks, joined in part by Wilson)

Roberts v. State, 2024-CA-00988-COA (Civil – PCR)
Reversing the trial court’s denial of a PCR motion, holding that because only one petition for revocation of Roberts’s PRS had been filed, the circuit court did not have the authority to impose her full sentence under section 47-7-37.
(6-4*-1: McDonald for the Court; Emfinger specially concurred, joined by Barnes, Weddle, and Lassitter St. Pe’, joined in part by Lawrence and McCarty; Wilson concurred in result only without writing; Lawrence dissented, joined in part by Emfinger and Weddle)

Fields v. State, 2024-KA-01204-COA (Criminal – Felony)
Affirming conviction of twenty-five counts of child exploitation, holding searches of the defendants laptops in Harrison County pursuant to a George County warrant were proper, and holding that the defendant cannot complain on appeal about the absence of a jury instruction his counsel strategically withdrew.
(10-0: McDonald for the Court)

Williams v. State, 2024-KA-00257-COA (Criminal – Felony)
Affirming conviction of manslaughter, holding that any error in limiting evidence related to the victim’s character did not warrant reversal in light of other evidence of guilt.
(8-2-0: Westbrooks for the Court; Wilson and Emfinger concur in result only without writing)

Jones v. Madison County Nursing Home, 2024-CA-00561-COA (Civil – Personal Injury)
Affirming the dismissal of a suit against a nursing home, holding that it was time-barred because it was filed outside of the MTCA’s one-year statute of limitations, holding that the County was not estopped from asserting the statute of limitations defense after the Board of Supervisors had responded to a pre-suit notice letter stating that the county was not a proper party.
(9-1-0: Wilson concurred in part and in the result without writing)

Chavers v. State, 2024-KA-00551-COA (Criminal – Felony)
Affirming conviction of two counts of manslaughter and one count of aggravated assault after driving a UTV into a group of people leaving a party, holding that the trial court did not abuse its discretion in giving a voluntary intoxication instruction, that the circuit court’s error in giving the jury the wrong set of jury instructions that error was harmless because it was corrected during deliberations, and that the verdict was supported by sufficient evidence.
(9-0: Wilson for the Court; Lawrence did not participate)

Estate of Fleishhacker: Ward v. Edwards, 2024-CA-00418-COA (Civil – Wills, Trusts & Estates)
Affirming the chancellor’s decision denying in a will contest, holding that the chancellor did not err in denying a request to probate a lost holographic will and finding an earlier will valid.
(7-2-0: Wilson concurred in part and in the result without writing; McDonald concurred in result only without writing; Weddle did not participate)

Practice Point – Though it did not affect the holding in the case, the Court held that the trial court erred in finding that one witness’s testimony was insufficient under section 91-7-10 because she was the primary beneficiary under the purported will. But the Court of Appeals noted that neither the chancellor nor the parties accounted for the repeal of the Dead Man’s Statute.

Gillespie Funeral Home, LLC v. Magnolia Guaranty Life Insurance Company, 2024-CA-00427-COA (Civil – Contract)
Affirming the chancellor’s decision after an arbitration award, holding that the chancellor did not err in denying a motion to set aside an arbitration award or in entering a final judgment confirming the award.
(9-1-0: Barnes for the Court; McDonald concurred in the result only without writing)

Sanford v. State, 2024-KA-00683-COA (Criminal – Felony)
Affirming a conviction of gratification of lust, statutory rape, and sexual battery, holding that the argument that the circuit judge should have recused himself after he was contacted by the victim’s father prior to trial was waived and without merit where the judge said he explained to the father that the could not talk about matters that could come before the court.
(9-1-0: Barnes for the Court; Westbrooks concurred in result only without writing)

Other Orders

  • Younger v. Southern, 2022-CA-01228-COA (denying rehearing)
  • Mangum v. State, 2023-KA-01198-COA (denying rehearing)
  • Morsi v. JB Hunt Corp., 2024-WC-00399-COA (denying rehearing)

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Mississippi Supreme Court Decisions of October 23 and October 30, 2025

My summaries of last week’s and today’s action from the Mississippi Supreme Court are below.

I will blame my tardiness in part on the fact that last week I had the privilege of presenting a civil case law update at the 2025 Law Clerk and Judicial Staff In-Person and Virtual CLE presented by The Bench-Bar Liaison Committee of the Mississippi Bar. It was a great time of catching-up with friends and presenting on something I am passionate about.

October 23, 2025

  • No Opinions

Other Orders

  • Harris v. Casino Vicksburg, LLC, 2023-CT-00959-SCT (denying cert)
  • Deer v. State, 2024-CT-00019-SCT (denying cert)
  • Hatchett v. State, 2024-CT-00100-SCT (denying cert)

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October 30, 2025

Lakeland Premier Women’s Clinic, PLLC v. Jackson, 2024-IA-00445-SCT (Civil – Medical Malpractice)
Reversing the trial court’s denial of a clinic and doctor’s motion for summary judgment in a med mal case on interlocutory appeal, holding that the trial court abused its discretion in denying the defendants’ motion for summary judgment and granting the plaintiff additional time to obtain an expert affidavit where the plaintiff filed a response to the motion for summary judgment on the day of the hearing without supporting medical affidavit or testimony.
(9-0: Branning for the Court)

Practice Point – The Court drew a distinction between the rule 56(c) which allows affidavits opposing an MSJ to be served as late as the day before the hearing and the uniform rule requiring a response to be filed within 10 days.

Jones v. State, 2024-KA-01356-SCT (Criminal – Felony)
Affirming conviction of attempted aggravated-assault, holding that the evidence was sufficient to support the verdict and that the verdict was not against the overwhelming weight of the evidence where evidence showed that the defendant pointed a gun at his neighbor before firing it.
(9-0: Maxwell for the Court)

Elliott Land Developments, LLC v. Board of Supervisors of Jackson County, Mississippi, 2024-CA-01249-SCT (Civil – Real Property)
Affirming the circuit court’s affirmance the board of supervisors’ denial of a rezoning application, holding that the board had jurisdiction, that whether the developer met its burden was a fairly debatable issue based on substantial evidence presented by each side, and that the board’s denial was not arbitrary or capricious.
(9-0: Coleman for the Court)

Chung v. State, 2023-CT-00362-SCT (Civil – Other)
Reversing the Court of Appeals and reinstating the trial court’s judgment, holding that sufficient evidence supported the trial court’s decision finding that the State met its burden of proof required in civil-forfeiture proceedings.
(5-4: Branning for the Court; Sullivan dissented, joined by King, Coleman, and Ishee)

Note – A 5-4 Court of Appeals reversed the trial court and a 5-4 Supreme Court reversed the Court of Appeals.

Other Orders

  • 1st Step Sober Living LLC v. Cleveland, 2023-CT-00665-SCT (denying cert)
  • In Re: Administrative Orders of the Supreme Court of Mississippi, 2025-AD-00001-SCT (directing the disbursement of $189,619.03, in civil legal assistance funds among the MS Center for Legal Services, MS Volunteer Lawyers Project, and North MS Rural Legal Services)

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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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