The Mississippi Supreme Court handed down one opinion on February 12 (a direct appeal of a felony conviction) and one today (an annexation case). In addition to the opinions, there was no shortage of rulings on petitions for cert with a couple of grants in the mix.
February 12, 2026
Goods v. State, 2023-KA-00955-SCT (Criminal – Felony) Affirming conviction of depraved-heart murder, holding that the trial court did not abuse its discretion in admitting autopsy photographs or in instructing the jury and that the verdict was not against the overwhelming weight of the evidence. (7-0: Randolph for the Court)
February 26, 2026
In the Matter of The Enlarging, Extending and Defining The Corporate Limits and Boundaries of The City of Olive Branch, DeSoto County, Mississippi: City of Olive Branch v. Dobbins, 2024-AN-00749-SCT (Civil – Municipal Boundaries & Annexation) Affirming the chancery court’s denial of the City’s petition to annex two parcels of land, holding that the chancery court’s finding that the annexation was unreasonable was supported by substantial credible evidence. (4-2: Ishee for the Court; Griffis dissented, joined by Branning; Coleman did not participate)
Other Orders
February 12, 2026
Walker v. State, 2023-CT-01012-SCT (denying cert)
Gombako-Amos v. Amos, 2023-CT-01253-SCT (granting cert)
Brodie v. Brodie, 2023-CT-01397-SCT (denying cert) Hines v. PERS, 2023-CT-01400-SCT (denying cert)
Martin v. Martin, 2924-CT-00222-SCT (denying cert)
Brown v. State, 2024-CT-00307-SCT (denying cert)
P.K. Loyacono, PLLC v. Raymond James Financial Service, Inc., 2024-CA-00791-SCT (denying reconsideration)
February 26, 2026
Howard v. Howard, 2023-CT-01029-SCT (denying cert)
Moyer v. Blades, 2023-CT-01180 (denying cert)
Swims v. State, 2023-CT-01244-SCT (denying cert)
Mortera v. Kona Villa Owners Association, Inc., 2023-CT-01297-SCT (dismissing cert)
Tauzin v. Tauzin, 2024-CT-00141-SCT (denying cert)
Heirs of Morsi by and through Morsi v. JB Hunt Corp., 2024-CT-00399-SCT (granting cert)
James v. Memorial Hospital at Gulfport, 2024-CT-00459-SCT (denying cert)
Corr Properties, LLC v. City of Oxford, 2024-CT-00665-SCT (denying cert)
This is a catch-up post from the week I took off of blogging for my oral argument on February 11. The Mississippi Court of Appeals handed down five opinions on February 10 and one off-schedule opinion on Thursday, February 5. Read on for summaries…
February 5, 2026
Gray v. State, 2023-KA-01270-COA (Criminal – Felony) Affirming conviction of capital murder and sentence to life imprisonment but reversing the imposition of a fine, holding that the trial court did not clearly err in finding that the defendant’s second statement was voluntary or by denying the defendant’s motion in limine to exclude other evidence, that the evidence was sufficient to sustain the conviction, that the “flight instruction” issue was legally barred for failure to raise it in the trial court, and that there was no error and no prejudice regarding an alternate juror, but holding that there was not authority for the imposition of an assessment against the defendant as a partial reimbursement to the county for the defendant’s court-appointed counsel. (5-5: Wilson for the Court; Barnes dissented, joined by Westbrooks, McDonald, McCarty, and Lassitter St. Pe’.
February 10, 2026
Lovern v. State, 2024-KA-01449-COA (Criminal – Felony) Affirming conviction of sexual battery and gratification of lust, holding that the evidence was sufficient, that the verdict was not against the overwhelming weight of the evidence, that the trial court did not err in excluding evidence of a victim’s prior behavior, that the trial court did not abuse its discretion regarding jury instructions, that the trial court did not err in allowing evidence of the defendant’s prior bad acts, that the trial court did not err in denying the defendant’s motion in limine that would have prevented the State from referring to the victim as “the victim,” that there was no abuse of discretion in the court’s limitations on voir dire questioning, that the trial court did not err in limiting the defendant’s references to the tyranny of the government during closing, that the trial court did not err in denying the defendant’s request to take possession of his phone to look for exculpatory text messages he alleged were missing from the extraction, that the trial court did not err in limiting the defendant to calling two character witnesses, that inconsistent verdicts (acquitting on one charge and convicting on two) was no basis for reversal, and that the cumulative error doctrine did not apply. (9-0: Lassitter St. Pe’ for the Court; Emfinger did not participate)
Mize v. Nunmaker, 2025-CA-00089-COA (Civil – Contract) Reversing the trial court’s decision granting summary judgment for the defendant in a breach of contract case, holding that there was a genuine fact issue regarding whether there was a binding agreement between the parties and regarding whether the claim was time-barred. (10-0: Lassitter St. Pe’ for the Court)
Estate of Eaves: Schlesinger v. Eaves, 2024-CA-00692-COA (Civil – Wills, Trusts & Estates) Affirming the chancellor’s decision in a probate matter, holding that the chancellor did not err in denying a request to set aside an inter vivos conveyance and assignment of a law firm based on an undue-influence argument and that the chancellor did not err by allegedly interfering with cross-examination at trial. (8-2-0: Weddle for the Court; Wilson and McCarty concurred in part and in the result without writing)
Southeast Financial Credit Union v. Brown, 2024-CA-01390-COA (Civil – Contract) Affirming the trial court’s dismissal of a debt collection claim for want of prosecution, holding that the trial court did not abuse its discretion dismissing the seven-year-old case after there were multiple periods of inactivity in excess of one year culminating in a two-year period of inactivity, a show cause order, and a non-appearance at the show cause hearing. (10-0: McCarty for the Court)
DeCuir v. City of Laurel, 2024-CC-01055-COA, consolidated with Valentine v. City of Laurel, 2024-CC-01379-COA (Civil – Other) Affirming the circuit court’s dismissal of police officers’ appeals challenging the promotions of other officers, holding that the appeal was not perfected because the appellant filed a notice of appeal rather than a petition for writ of certiorari with the circuit court as is required to obtain judicial review of a civil service commission’s decision to promote. (8-2-0: Wilson for the Court; Barnes and McDonald concurred in part and in the result without writing)
Practice Point – This one is like a Final Jeopardy appellate jurisdiction question. Here is the Court’s conclusion:
Other Orders
Bird v. Ladner, 2024-CA_00245-COA (denying rehearing)
Thompson v. State Farm Fire and Casualty Company, 2024-CA-00393-COA (denying rehearing)
Moody v. State, 2024-CA-00407-COA (denying rehearing)
Carter v. State, 2024-CP-013828-COA (recalling mandate and allowing pro se motion for rehearing to proceed)
Pedrego v. State, 2025-TS-01282-COA (dismissing appeal as untimely filed)
Buchanan v. State, 2025-TS-01445-COA (allowing appeal to proceed as timely)
The Mississippi Court of Appeals handed down seven opinions today. Three of the opinions are reversals: an MTCA/med mal case, an MTCA/personal injury case, and a misdemeanor appeal. Another appeal was dismissed for lack of appealable judgment. The three cases affirmed are a PCR case, a felony appeal, and a UM coverage case.
Varnado v. State, 2024-CP-01093-COA (Civil – PCR) Affirming denial of a second motion for PCR, holding that the trial court did not abuse its discretion in finding that the claims were time-barred, successive, and not subject to any statutory exceptions. (10-0: Lassitter St. Pe’ for the Court)
University of Mississippi Medical Center v. Thomas, 2024-CA-01099-COA (Civil – Med Mal) Reversing a judgment against UMMC after a bench trial in a MTCA med mal case, holding that the plaintiff’s expert failed to establish the essential element of proximate cause. (6-4: Lawrence concurred in part and dissented in part, joined by Carlton and joined in part by Westbrooks, McDonald, and McCarty; McDonald dissented without writing; Westbrooks dissented, joined by McDonald, and joined in part by Lawrence)
Practice Point – The majority opinion included this dicta regarding the duty to supplement expert testimony:
Moore v. State, 2024-KA-01129-COA (Criminal – Felony) Affirming convictions of burglary of a dwelling, aggravated domestic assault, and kidnapping, holding that the defendant’s speedy trial rights were not violated and that the trial court did not err in admitting medical records of the victim in the absence of an objection. (10-0: McCarty for the Court)
Dillon v. Holmes, 2025-CP-00139-COA (Civil – Real Property) Dismissing appeal for lack of a final, appealable judgment. (10-0: Westbrooks for the Court)
Joiner v. City of Holly Springs, 2024-CA-01085-COA (Civil – Personal Injury) Reversing the grant of summary judgment for the City in an MTCA personal injury case, holding that the city was not shielded from liability under section 11-1-66 because the alleged cause of injury of the independent contract was the negligence of a City employee or under section 11-46-9(1)(v) because this is not a premises liability case and, even if it was, the condition was created by the alleged negligence of a City employee. (10-0: Wilson for the Court)
Heiser v. State Farm Mutual Automobile Insurance Company, 2024-CA-01042-COA (Civil – Insurance) Affirming summary judgment of no coverage in a UM case, holding that the trial court did not err in finding no coverage where the death was not caused by the use of the covered vehicle. (8-2-0: Carlton for the Court; McDonald and Lawrence concurred in result only)
Reardon v. State, 2024-KM-00839-COA (Criminal – Misdemeanor) Reversing the circuit court’s dismissal of an appeal from justice court, holding that the problems the pro se appellant had in perfecting his appeal resulted from the justice court erroneously allowing his attorney withdraw before filing a notice of appeal with appropriate bonds. (8-2-0: Barnes for the Court; Wilson and Emfinger concurred in result only without writing)
Other Orders
Edwards v. Johnson, 2023-CA-01271-COA (denying rehearing)
Roley v. Roley, 2024-CP-01004-COA (denying rehearing)
I had oral argument before the Mississippi Court of Appeals last Wednesday. It was a great experience as always and the Court’s hospitality is top-notch. Nevertheless, I was in prep mode on Tuesday and recovery mode on Thursday so I punted last week’s summaries. I plan to get caught up this week. I will add another post taking a detour and talking about the intersection of Ole Miss football and appellate procedure.
For now, my summaries of the seven opinions handed down by the Mississippi Court of Appeals today are below. Of note, the Court reversed a conviction and rendered a judgment of acquittal based on a Fourth Amendment violation.
Smith v. Clarksdale Municipal School District, 2024-CA-00168-COA (Civil – Contract) Affirming the dismissal of a petition for mandamus against the school district to reclassify a job position and for back compensation, holding that the circuit court did not err in converting a motion to dismiss to a motion for summary judgment or in granting summary judgment. (9-1: Emfinger for the Court; McDonald dissented without writing)
Seward v. Coast Concrete Company, Inc., 2024-CA-00973-COA (Civil – Contract) Affirming the circuit court’s decision denying a motion to withdraw or amend admissions, holding that the appellant waived the argument that the requests for admissions were served outside of the discovery deadline under UCRCCC 4.03 and that the circuit court did not abuse its discretion in denying the motion to withdraw or amend the deemed admissions. (8-2-0: Emfinger for the Court; McDonald and McCarty concurred in part and in the result without writing)
Johnson v. State, 2024-KA-01348-COA (Criminal – Felony) Affirming conviction of second-degree murder, holding that the trial court did not err in admitting testimony from the victim’s supervisor regarding evidence of prior violence against the victim, that the record was insufficient to address the ineffective assistance claim, and that the evidence was sufficient to support the conviction. (10-0: McCarty for the Court)
Davis v. State, 2024-KA-00794-COA (Criminal – Felony) Affirming conviction of capital murder, holding that the conviction was supported by sufficient evidence and that the verdict was not against the overwhelming weight of the evidence. (10-0: McDonald for the Court)
Wilson v. State, 2024-KA-00632-COA (Criminal – Felony) Reversing conviction of possession of a firearm by a felon, holding that the trial court erred in denying a motion to suppress evidence during a traffic stop because the officer lacked reasonable suspicion to initial the traffic stop. (9-1: Wilson for the Court; Carlton dissented without writing)
In the Matter of A.L.C.: Heart to Heart Adoptions, Inc. v. Williamson, 2024-CA-00052-COA (Civil – Adoption) Affirming the chancery court’s judgment denying full faith and credit to a Utah judgment terminating parental rights, holding that the Utah judgment could not be registered under the Uniform Child Custody Jurisdiction and Enforcement Act. (10-0: Carlton for the Court)
Jenkins v. Jenkins, 2024-CA-00395-COA (Civil – Domestic Relations) Affirming the chancery court’s judgment of divorce and award of joint legal custody, holding that the chancellor did not abuse her discretion in her Albright analysis, in awarding joint custody, in her equitable division and distribution of marital property, in not awarding alimony, or in denying a request for attorney’s fees. (5-5: Emfinger for the Court; Carlton concurred in part and dissent in part regarding the child custody award, joined by Barnes, Westbrooks, McDonald, and McCarty)
Other Orders
Upchurch v. Lewis, 2023-CA-01296-COA (denying rehearing)
Wooten v. State, 2023-KA-01318-COA (denying rehearing)
Walker v. State, 2024-CP-01032-COA (denying rehearing)
The Mississippi Court of Appeals handed down eight opinions today with four civil appeals and four criminal appeals. The four civil cases include a slip-and-fall summary judgment, an MTCA police-pursuit case, and the reversal of summary judgment in a med mal case.
White v. State, 2024-KA-00658-COA (Criminal – Felony) Affirming in part and reversing in part the circuit court’s judgment of conviction of four counts of aggravated DUI and one court of fourth-offense DUI, holding that the statute of limitations had run on the fourth-offense DUI charge, that there was no error with the prosecution for aggravated DUI based on statute of limitations or double-jeopardy grounds, and that the defendant showed no prejudice as a result of the alleged prosecutorial misconduct. (7-3: Lassitter St. Pe’ for the Court; McDonald concurred in part and in the result without writing; Westbrooks concurred in part and dissented in part without writing; Wilson concurred in part and dissented in part, joined by Westbrooks and McDonald)
Crowley v. State, 2024-KA-00589-COA (Criminal – Felony) Affirming conviction of one count of conspiracy, one count of burglary of a dwelling, and one count of grand larceny and the sentence as a non-violent habitual offender, holding that sentence was supported by sufficient evidence and that Erlinger did not apply. (10-0: Weddle for the Court)
Norman v. State, 2024-CP-01107-COA (Civil – PCR) Affirming the circuit court’s denial of a PCR motion, holding that the circuit court did not err in finding it successive and containing substantive flaws that rendered relief improper. (7-2-1: Lawrence for the Court; McDonald concurred in part and in the result without writing; Wilson concurred in result only without writing; McCarty dissented, joined in party by McDonald)
Moore v. State, 2024-KA-00507-COA (Criminal – Felony) Affirming conviction of trafficking heroin, possession of meth, and possession of PCP, holding that the evidence was sufficient on all three counts. (10-0: Wilson for the Court)
Long v. Jones County, 2024-CA-00521-COA (Civil – Personal Injury) Affirming summary judgment in favor of the defendant in a slip-and-fall case, holding that the trial court did not err in finding that there was insufficient evidence to prove that the sidewalk in question constituted a dangerous condition. (10-0: Wilson for the Court)
Hayes v. Magee Benevolent Foundation, 2024-CA-00910-COA (Civil – Wrongful Death) Reversing the circuit court’s grant of summary judgment dismissing a med mal case based on a finding that the plaintiff could not establish causation under the “loss-of-chance doctrine,” holding that there was a genuine issue of material fact existed where the plaintiff provided expert testimony that the decedent died of a heart attack, that the hospital breached the standard of care by accepting the decedent’s self-diagnosis of a panic attack, and that but for that breach the decedent would have had a greater than 50% chance of survival. (10-0: Wilson for the Court)
Anderson v. State, 2024-KA-00935-COA (Criminal – Felony) Affirming conviction of being a felon in possession of a firearm, holding that the conviction was supported by sufficient evidence and that the verdict was not against the overwhelming weight of the evidence. (10-0: Carlton for the Court)
Luckett v. Leake County, 2024-CA-00269-COA (Civil – Personal Injury) Affirming the circuit court’s judgment after bench trial under the MTCA where the plaintiff was injured by a collision with a deputy who was involved in a high-speed pursuit, holding that the trial court did not err in apportioning 55% of the fault to the fleeing suspect. (6-3-1: Barnes for the Court; Wilson, McCarty, and Emfinger concurred in part and in the result without writing; McDonald concurred in part and dissented in part without writing)
Other Orders
Cunningham v. State, 2023-KA-01213-COA (denying rehearing)
Saddler v. State, 2024-CP-00099-COA (denying rehearing)
Hall v. Mitchell, 2024-CA-00667-COA (denying rehearing)
Hodge v. Hodge, 2024-CA-00745-COA (denying rehearing)
UMMC v. Giddens, 2024-CA-00842-COA (denying rehearing)
The Magnificent Seven of the Mississippi Supreme Court handed down one opinion today in a direct criminal appeal while the cert-denial machine hums along.
Williams v. State, 2024-KA-01050-SCT (Criminal – Felony) Affirming conviction of one count of first-degree murder and four counts of aggravated assault, holding that the convictions were not against the overwhelming weight of the evidence. (7-0: Ishee for the Court)
Other Orders
Younger v. Southern, 2022-CT-01228-SCT (denying cert)
Estate of Anderson: Brown v. Fitzgerald, 2023-CT-01131-SCT (denying cert)
Mangum v. State, 2023-CT-001198-SCT (denying cert)
Briggs v. Jackson, 2023-CT-01241-SCT (denying cert)
McDonald v. Pruwitt, 2023-CT-01312-SCT (denying cert)
In Re: Administrative Orders of the Supreme Court of Mississippi, 2026-AD-00001-SCT (directing the disbursement of $182,328.25, in civil legal assistance funds among the MS Center for Legal Services, MS Volunteer Lawyers Project, and North MS Rural Legal Services)
The Mississippi Court of Appeals handed down ten opinions yesterday. There is subject-matter variety, including a decision in the controversial case of the educator who was terminated for reading a certain book to second graders.
Daengbunga v. State, 2024-KA-01122-COA (Criminal – Felony) Affirming convictions of murder and tampering with evidence, holding that the trial court did not err in finding no Miranda violation and denying a motion to suppress statements and that the trial court did not abuse its discretion admitting evidence of prior bad acts. (9-1-0: Lassitter St. Pe’ for the Court; Westbrooks concurred in part and in the result without writing)
Wright v. Brisco, 2025-CP-00258-COA (Civil – Contract) Affirming the chancery court’s decision where the appellant filed a brief with no citations to the record or case law except for two cases that were referenced by name only with no reporter citation and the appellee did not file a brief. (10-0: Lassitter St. Pe’ for the Court)
Note – This is the Court’s conclusion:
Wilson v. P.L. Marketing, Inc., 2025-WC-00158-COA (Civil – Workers’ Comp) Affirming the Commission’s order affirming an order denying a motion to reopen that was filed more than a year after the claim was dismissed for the claimant’s failure to appear at a hearing on the merits. (10-0: McCarty for the Court)
Price v. Hinds County School District, 2024-CA-00841-COA (Civil – States, Boards & Agencies) Reversing the chancery court’s decision that had affirmed the School Board’s decision to terminate an assistant principal, holding that the decision to terminate the assistant principal for reading “I Need a New Butt!” to a second-grade class. (9-1-0: Lawrence for the Court; Emfinger concurred in result only without writing)
Williams v. Williams, 2024-CA-00718-COA (Civil – Domestic Relations) Affirming in part and reversing in part a chancellor’s judgment of divorce and contempt, holding that the ex-husband waived the issue of denying a motion to amend to add a ground after previously voluntarily-dismissing that ground, that the chancellor erred in classifying marital asserts and debt, that the chancellor erred in only awarding half a mortgage arrearage on a finding of contempt, that the chancellor erred in not awarding the full deficiency on a vehicle, and that the chancellor did not err in finding that the sale of the parties’ boat did not violate a court order or dissipate a marital asset. (7-3-0: McDonald for the Court; Wilson and Emfinger concurred in part and in the result without writing; Weddle concurred in the result only without writing)
Dodson v. State, 2024-KA-00424-COA (Criminal – Felony) Affirming conviction of attempted murder and conspiracy to commit auto theft, holding that the trial court did not err by refusing to give a jury instruction on aggravate assault as a lesser-included offense of attempted murder. (10-0: Wilson for the Court)
City of Clinton v. Johnston, 2023-CA-01105-COA (Civil – PCR) Dismissing the City’s appeal of the circuit court’s decision granting a motion for PCR, holding that the City lacked standing where it was not a party to the proceedings below and failed to intervene. (10-0: Carlton for the Court)’
Brown v. Mississippi Real Estate Commission, 2024-CC-01207-COA (Civil – State Boards & Agencies) Affirming the Commission’s decision to not renew a real estate license, holding that the decision based on untruthful and fraudulent representations to the Commission and felony conviction was supported by substantial evidence and was not arbitrary or capricious. (8-2-0: Carlton for the Court; Wilson and McDonald concurred in part and in the result without writing)
Jones v. State, 2024-KA-01426-COA (Criminal – Felony) Affirming conviction of possession of a firearm by a felon, holding that based on counsel’s Lindsey brief, the defendant’s pro se brief, and the Court’s review of the record that there was no error. (10-0: Carlton for the Court)
Banks v. State, 2024-KA-00881-COA (Criminal – Felony) Affirming conviction of manslaughter with a firearm enhancement, holding that the verdict was not against the overwhelming weight of the evidence. (6-1-3: McCarty for the Court; Wilson concurred in part and in the result without writing; McDonald dissented without writing; Westbrooks dissented, joined by McDonald and joined in part by Carlton)
Other Orders
Goodloe v. State, 2023-KA-00960-COA (denying rehearing)
Lovelace v. Board of Trustees, 2023-CA-01341-COA (denying rehearing)
Cameron v. Miller, 2023-CA-01388-COA (denying rehearing)
The Mississippi Supreme Court handed down two opinions today. One is a certificate of need case and the other is a direct criminal appeal.
Singing River Health Systems v. Mississippi State Department of Health, 2025-SA-00614-SCT (Civil – State Boards & Agencies) Affirming the chancellor’s decision affirming the state health officer’s approval of a CON application, holding that there was substantial evidence that the the CON application complied with the requirements, that there was substantial evidence that the hearing officer substantially complied with procedure, that the hearing officer’s determination of economic vitality was not arbitrary and capricious, that the hearing officer was within her discretion to weight conflicting evidence regarding adverse impact, and that substantial evidence supported that the proposed project would not have a significant adverse effect on another facility’s ability to provide charitable care. (7-0)
Pegues v. State, 2024-KA-01001-SCT (Criminal – Felony) Affirming conviction of possession of a firearm by a felon, holding that the State did not commit prosecutorial misconduct by commenting on the defendant’s failure to call witnesses or the defendant exercising his right to a jury trial and holding that there was sufficient evidence of constructive evidence. (7-0)
Other Orders
Parrott v. Frierson, 2023-CT-01245-SCT (denying cert)
Fisher v. All About Painting and Cleaning, Inc., 2023-CT-01289-SCT (denying cert)
Mohiuddin v. Jackson County, Mississippi Board of Supervisors, 2024-CA-00759-SCT (denying rehearing)
Crabtree v. Allstate Property and Casualty Insurance Company, 2024-FC-00827-SCT (denying rehearing)
The Mississippi Court of Appeals handed down six opinions today. There is a couple of domestic relations cases, one of which turns on an appellate jurisdiction issue. Then there are two direct criminal appeals, an MTCA case, and attorney’s fees case.
In Re Guardianship of K.G.W.: Garland v. Bunch, 2024-CA-01325-COA (Civil – Domestic Relations) Dismissing appeal stemming from a guardianship, holding that the Court lacked jurisdiction on the appeal taken under section 11-43-53 because there had been no trial of a habeas corpus. (10-0: Lassitter St. Pe’ for the Court)
O’Quin v. Davaul, 2024-CP-01327-COA (Civil – State Boards & Agencies) Affirming dismissal of a complaint against the county tax assessor and granting judgment on the pleadings for failing to comply with MTCA requirements, holding that the pro se appellant’s arguments were without merit and were procedurally barred for failing to comply with the rules of appellate procedure. (10-0: Lassitter St. Pe’ for the Court)
Fraser v. State, 2023-KA-01129-COA (Criminal – Felony) Affirming conviction of culpable negligence manslaughter, holding that even if admission of emails and photographs from the victim’s phone showing past abuse was error it was harmless, that the trial court did not err in admitting an email from the defendant into evidence or in limiting the defendant’s expert witness’s testimony, and that the evidence was sufficient to support the conviction. (8-2-0: Emfinger for the Court; Westbrooks and McDonald concurred in part and in the result without writing)
Elkins v. State, 2024-KA-00597-COA (Criminal – Felony) Affirming conviction of aggravated assault, holding that there were no issues warranting reversal after reviewing counsel’s Lindsey brief and the record. (10-0: Emfinger for the Court)
Covington County Bank v. Scott Tractor & Equipment Company, 2024-CA-01071-COA (Civil – Contract) Reversing the circuit court’s denial of attorney’s fees, holding that the trial court abused its discretion in denying the request for attorney’s fees that was sought after the defendant paid the debt with accrued interest on the same day the creditor filed a motion for entry of default. (7-3: Westbrooks for the Court; Emfinger dissented, joined by Wilson and Lawrence)
Aultman v. Aultman, 2024-CA-00746-COA (Civil – Domestic Relations) Affirming in part and reversing in part in a divorce case, holding that the chancellor erred with respect to the valuation of a home and remanding to reconsider valuation and equitable distribution but holding that the chancellor did not err in valuing an ESIP, retirement, and PERS accounts, did not err in awarding attorney’s fees for successful contempt proceedings. (8-1-0: Carlton for the Court: Wilson concurred in part and in the result without writing; Lassitter St. Pe’ did not participate)
Other Orders
Ryals v. State, 2023-KA-01192-COA (ordering the circuit clerk to supplement the appellate record with the transcript of the jury instruction conference by a date certain and further ordering that if it is not received by that date that the court reporter shall appear before the Court at a show cause hearing)
While Judge Maxwell and Judge Chamberlin adjust to their new roles on federal bench, the seven remaining members of the Mississippi Supreme Court soldier on dispensing justice on the State’s Highest Court. Today, they handed down two opinions in direct criminal appeals.
Wallace v. State, 2024-KA-00413-SCT (Criminal – Felony) Affirming conviction of aggravated assault, holding that the indictment was not defective and that the defendant was estopped from arguing on appeal that the indictment was constructively amended by a jury instruction, that the evidence was sufficient, and that the trial court did not abuse its discretion by denying a motion for new trial that asserted new evidence. (7-0: Sullivan for the Court)
Hollingsworth v. State, 2024-KA-00908-SCT (Criminal – Felony) Affirming conviction of possession of meth, holding that it was not error for the prosecutor to make a statement about a witness who was not called because the witness was more accessible to the defendant than the State. (7-0: Coleman for the Court)
Hand Downs
In Re: Court Improvement Program Statewide Multi-Disciplinary Task Force, 89-R-99037-SCT (appointing members of the Court Improvement Program Statewide Disciplinary Task Force)
Stephney v. State, 2023-CT-00936-SCT (denying cert)
Tubbs v. State, 2023-KA-01124-SCT (granting Office of Indigent Appeals’ motion for authority to pay contract counsel)
Quinn v. State, 2023-CT-01143-SCT (denying cert)
Mi Pueblo Mexican Restaurant, LLC v. Breakfast Cove, LLC, 2024-CA-00271-SCT (granting motion to stay appeal and ordering the trial court to rule on a Rule 60(b) motion)
Carroll v. State, 2024-CT-00875-SCT (dismissing pro se cert petition)
Mississippi Appeals Blog 