Tag: Felony

Mississippi Court of Appeals Decisions of September 30, 2025

The Mississippi Court of Appeals handed down five opinions yesterday. We closed out the month with a med mal/MTCA decision, a workers’ comp borrowed employee case, a felony conviction, a PCR case, and an MDOC administrative remedy case.

University of Mississippi Medical Center v. Giddens, 2024-CA-00842-COA (Civil – Wrongful Death)
Affirming judgment in favor of the plaintiff in a wrongful death med mal case brought under the MTCA, holding that the trial court’s decision that the decedent had not given informed consent for a procedure that constituted a breach of the standard of care and that the decision to perform that procedure during another procedure was a breach of the standard of care was supported by substantial credible evidence.
(10-0: St. Pe’ for the Court)

Walker v. State, 2024-CP-01032-COA (Civil – PCR)
Vacating and rendering judgment dismissing a PCR petition because the trial court lacked jurisdiction to consider the merits where the petition failed to first obtain permission from the Mississippi Supreme Court.
(10-0: McCarty for the Court)

Adams v. Hinds County School District, 2024-CA-00756-COA (Civil – Personal Injury)
Affirming the circuit court’s decision granting summary judgment in a personal injury case, holding that the trial court did not err in determining that the plaintiff (an employee of a staffing service) was a borrowed employee of the school district and that workers’ compensation was therefore her exclusive remedy.
(10-0: Wilson for the Court)

Walton v. State, 2024-KA-00818-COA (Criminal – Felony)
Affirming conviction of felony possession of stolen property, holding that the evidence was sufficient, that the trial could did not err in denying the motion for directed verdict or in refusing a peremptory instruction asserting that the State failed to prove the element of guilty knowledge, and that the verdict was not against the overwhelming weight of the evidence.
(10-0: Carlton for the Court)

Carroll v. State, 2024-CP-00875-COA (Civil – Other)
Affirming the circuit court’s dismissal of the petition for clarification of a sentencing order, holding that the circuit court reached the right result but for the wrong reason and explaining that the petition was untimely.
(7-3-0: Wilson, Westbrooks, and Emfinger concurred in part and in the result without writing)

Other Orders

  • Shipley v. Shipley, 2023-CA-00814-COA (denying rehearing)
  • Stephney v. State, 2023-KA-00936-COA (denying rehearing)
  • Mortera v. Kona Villa Owners Association, Inc., 2023-CA-01297-COA (denying rehearing)

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Mississippi Court of Appeals Decisions of September 23, 2025

The Mississippi Court of Appeals handed down six opinions today. There is a reversal of a defense verdict in a med mal case and a reversal of a conviction. There are a couple of domestic relations cases and another criminal appeal.

Upchurch v. Lewis, 2023-CA-01296-COA, consolidated with Lewis v. Upchurch, 2024-CA-00396-COA (Civil – Med Mal)
Reversing the circuit court’s denial of the plaintiffs’ motion for JNOV in a med mal case after a defense verdict, holding that the plaintiffs presented substantial testimony that the defendant-physician breached the standard of care and that his negligence caused the plaintiff’s injuries, and that since the defendant-physician was not tendered or accepted as an expert there was no insufficient evidence to support the verdict in favor of the defendant; affirming the trial court’s decision requiring the appellee to pay the $30,000 for the appellee’s additional record designations.
(6-3: Weddle for the Court; Wilson dissented, joined by Barnes; Emfinger did not participate)

Sharp v. Sharp, 2024-CA-00171-COA (Civil – Domestic Relations)
Affirming the chancery court’s order clarifying its final judgment of divorce, holding that the chancellor had authority to clarify and correct the final judgment and did not abuse his discretion in doing so regarding 529 accounts or requiring the father to pay college education expenses.
(9-0: Emfinger for the Court)

Clark v. State, 2024-KA-00932-COA (Criminal – Felony)
Reversing conviction of one court of sexual battery, holding that the State’s improper reference to nonexistent DNA and repeated comments on evidence excluded by pretrial order amounted to denial of the defendant’s due process.
(8-2-0: McCarty for the Court; McDonald and Emfinger concurred in part and in the result without writing)

Thornhill v. Thornhill, 2023-CA-00714-COA (Civil – Domestic Relations)
Affirming the chancellor’s grant of divorce on the ground of desertion, holding that there there was substantial credible evidence supporting the basis for divorce, that the chancellor did not err in property evaluation or equitable division, or in granting rehabilitative alimony instead of periodic alimony.
(10-0: Lawrence for the Court)

Practice Point – This is excerpt is worth noting. Failure to raise an issue in a Rule 59 motion does not bar that issue on appeal as long as it was presented to and decided by the trial court:

Alexander v. Scarbrough, 2023-CA-01359-COA (Civil – Custody)
Affirming the chancellor’s award of full custody to a child’s mother, holding that there was substantial evidence to supporting the chancellor’s legal determinations and fact findings.
(10-0: Lawrence for the Court)

Harrison v. State, 2024-KA-00430-COA (Criminal – Felony)
Affirming conviction of two counts of sexual battery, holding that the defendant’s argument that the date range in his indictment was not overly broad was procedurally barred and without merit.
(9-1-0: Carlton for the Court; McCarty concurred in part and in the result without writing)

Other Orders

  • Magyar v. Shiers, 2023-CA-00682-COA (denying rehearing)
  • Brownless v. Brownless, 2023-CA-01044-COA (denying rehearing)
  • Ruffin v. State, 2024-CA-00867-COA (denying State’s motion to strike untimely motion for rehearing)
  • Walker v. State, 2025-TS-00584-COA (sua sponte allowing untimely appeal to proceed)
  • Robertson v. State, 2025-TS-00806-COA (sua sponte allowing untimely appeal to proceed)
  • Hoskins v. State, 2025-TS-00993-COA (allowing appeal to proceed as timely after taking pro se response to show cause notice well)

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Mississippi Court of Appeals Decisions of September 16, 2025

The Mississippi Court of Appeals handed down seven opinions today. We got a couple of custody decisions, a couple of MTCA decisions, a failure to prosecute a med mal lawsuit, a felony, and a PCR case.

E.H. v. Lee County Dept. of Child Protective Services, 2023-CA-00732-COA (Civil – Custody)
Affirming the youth court’s decision terminating parental rights, holding that the youth court’s decision was supported by substantial evidence and that the denial of a Rule 60 motion was not erroneous.
(10-0: St. Pe’ for the Court)

Cameron v. Miller, 2023-CA-01388-COA (Civil – Personal Injury)
Affirming the circuit court’s decision granting a motion to dismiss a med mal lawsuit for failure to prosecute, holding that the trial court did not abuse its discretion where the record demonstrated an overall case of dilatory conduct, substantial periods of inactivity, and untimely and reactionary steps.
(7-2-1: Weddle for the Court; Wilson concurred in part and in the result without writing; Westbrooks concurred in the result only without writing; McDonald concurred in part and dissented in part without writing)

Russell v. Booneville Police Dept., 2024-CP-00757-COA (Civil – Torts)
Affirming the dismissal of a lawsuit under the MTCA, holding that the circuit court did not err in dismissing the claim for law of presuit notice.
(10-0: Weddle for the Court)

Saddler v. State, 2024-CP-00099-COA (Civil – PCR)
Affirming dismissal of a PCR motion because the trial court did not err in finding it was time-barred.
(10-0: McCarty for the Court)

Hall v. Mitchell, 2024-CA-00667-COA (Civil – Wrongful Death)
Affirming the circuit court’s judgment for the defendant after bench trial, holding that the trial court’s decision that a parked county-owed truck was not the proximate cause of an collision between the decedent’s motorcycle and an SUV.
(8-2-0: McCarty for the Court; Wilson, Westbrooks, and McDonald concurred in part and in the result without writing)

Cunningham v. State, 2023-KA-01213-COA (Criminal – Felony)
Affirming conviction of first-degree murder, holding that the trial court did not abuse its discretion in refusing the defendant’s jury instructions on self-defense, imperfect self-defense, and culpable-negligence manslaughter; that the trial court’s did not err in denying a pretrial motion and refusing proposed jury instructions regarding lost body-camera footage; that the trial court erred harmlessly in admitting the victim’s statement to EMTs; that the trial court did not “improperly console” the victim’s mother in the courtroom by expressing sympathy while admonishing her to keep her composure; that the conviction was supported by sufficient evidence and not against the overwhelming weight of it; and that the cumulative error doctrine did not apply.
(10-0: Wilson for the Court)

Hopkins v. Perry, 2024-CA-00467-COA (Civil – Custody)
Affirming in part and reversing in part the chancellor’s custody order, holding that the chancellor did not err in modifying visitation modification but remanding for an Albright analysis of the legal custody issue.
(9-0: Carlton for the Court; Westbrooks did not participate)

Other Orders

  • Horne v. Dolgencorp LLC, 2024-CA-00376-COA (denying rehearing)
  • Strong v. Acara Solutions, Inc., 2024-CA-00455-COA (denying rehearing)

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Mississippi Court of Appeals Decisions of September 9, 2025

The Mississippi Court of Appeals handed down eight opinions on Tuesday. I finally got around to summarizing them and you can read those summaries below.

Lovelace v. Board of Trustees of East Mississippi Community College, 2023-CA-01341-COA (Civil – Contract)
Affirming the chancellor’s order denying appeal and upholding the board’s decision not to renew an instructor’s contract, holding that the chancellor did not err by not considering documents that were not before the board, that the board’s decision was supported by substantial evidence, and the instructor was not denied due process.
(10-0: Weddle for the Court)

Ingram v. Ingram, 2023-CA-01364-COA (Civil – Custody)
Affirming the Court’s custody order, holding that the chancellor did not err in the Albright analysis or abuse his discretion in the visitation award.
(10-0: Weddle for the Court)

Franklin v. State, 2024-CP-00696-COA (Civil – PCR)
Affirming dismissal of PCR motion as time-barred.
(9-0: McCarty for the Court; Emfinger did not participate)

Cardwell v. State, 2024-CP-01088-COA (Civil – PCR)
Affirming denial of PCR motion as successive.
(10-0: McCarty for the Court)

Brookshire v. State, 2023-KA-00966-COA (Criminal – Felony)
Affirming conviction of first-degree murder, holding that there was a custodial interrogation that violated the right to counsel that had been invoked but that the error was harmless in light of the overwhelming evidence supporting the conviction and that its admission did not result in plain error under the Confrontation Clause.
(8-2-0: Westbrooks for the Court; Carlton and McCarty concurred in result only without writing)

Williams v. State, 2024-CA-00817-COA (Civil – PCR)
Reversing summary dismissal of a PCR motion, holding that the petitioner was not required to seek leave from the Supreme Court before filing the PCR motion.
(10-0: Wilson for the Court)

Back Bay Lawnscapes LLC v. Graham, 2024-CA-00054-COA (Civil – State Boards & Agencies)
Affirming the chancery court’s order granting summary judgment upholding a sales tax assessment and an individual income tax assessment, holding that the taxpayer failed to fulfill its statutory duty to keep adequate records and that the chancellor did not err in applying the law to the facts of the case or in awarding damages.
(9-0: Carlton for the Court; Westbrooks did not participate)

Taylor v. Fair, 2024-CP-00676-COA (Civil – Other)
Affirming the chancellor’s dismissal of a petition for write of habeas corpus and emergency custody of the petitioner’s child, holding that the chancellor did not err in dismissing the petition for lack of jurisdiction.
(9-1-0: Carlton for the Court; McDonald concurred in result only without writing)

Other Orders

  • Estate of Anderson: Brown v. Fitzgerald, 2023-CA-01131-COA (denying rehearing)
  • Smith v. State, 2024-KA-00162-COA (denying rehearing)
  • Bickes v. Swain, 2024-CA-00187-COA (denying rehearing)
  • Roach v. Roach, 2024-CA-00236-COA (denying rehearing)

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Mississippi Supreme Court Decisions of August 21, August 28, and September 4

I have been swamped the last few weeks and find myself behind on summaries. One contributing factor is that my firm, Wilkins Patterson, relocated at the end of August. In one form or another, the firm has resided at One LeFleur’s Square on Old Canton Road in Jackson for decades. That location served the firm well, and it was not left without a heap of nostalgia and a tinge of sadness. But as Bob Dylan reminds us, “He not busy being born is busy dying.” This move marks an exciting chapter of growth and opportunity for the firm that we are immensely thankful for. You can find us at 690 Towne Center Boulevard in Ridgeland.

With this post, we are caught up on Mississippi Supreme Court decisions. We may not ever catch up on the Court of Appeals decisions from the past three weeks. This is due, in part, to the fact that over that period of time the Court of Appeals handed down twenty opinions and the Supreme Court handed down four. If you are so inclined, you can follow these links to the COA hand downs: August 19, August 26, and September 2. Read on for Supreme Court decisions…

August 21, 2025

No Opinions

Other Orders

  • Parker v. State, 2023-CT-00550-SCT (denying cert)
  • Mount v. State, 2023-CT-00807-SCT (denying cert)
  • Turner v. State, 2023-CT-01167-SCT (denying cert)
  • Lynch v. State, 2024-M-01275 (finding that the application for leave to proceed in the trial court was frivolous and warning that future frivolous filings may result in sanctions)
  • Priority One Bank v. Hall, 2025-IA-00939-SCT (granting emergency petition for interlocutory appeal)

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August 28, 2025

Reyes v. State, 2024-KA-00590-SCT (Criminal- Felony)
Affirming conviction of capital murder and life sentence, holding that the trial court did not err in denying the defendant’s motion suppress statements he made to law enforcement, that the State did not vouch for a witness’s credibility, that the issue of whether it was error to allow the State to play portions of a witness’s interview with law enforcement was procedurally barred, and that the ineffective-assistance-of-counsel arguments did not require reversal.
(9-0: Griffis for the Court)

Busby Outdoor LLC v. Ditto, 2024-IA-00209-SCT, consolidated with No. 2024-CA-00258-SCT (Civil – Other)
Reversing the chancery court’s injunction enforcing the City’s sign ordinance on a billboard situated on state-owned land, holding that “[t]he zoning ordinances must yield in this case to state sovereignty.”
(9-0: King for the Court)

Note – I thought for a moment that the Mississippi Supreme Court was about to tackle some big theological issues.

Though it passed on the issue of God’s sovereignty, the Court did hold in this case that that the created could not regulate its creator.

Other Orders

  • Sims v. State, 2017-M-01379 (finding that the application for leave to proceed in the trial court was frivolous and warning that future frivolous filings may result in sanctions)
  • Chamberlin v. State, 2022-DR-00546-SCT (granting cert)
  • Boone v. State, 2023-CT-00684-SCT (denying cert)
  • Burnette v. State, 2023-SCT-01330-SCT (denying cert)

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September 4, 2025

Smith v. State, 2024-KA-00675-SCT (Criminal – Felony)
Affirming conviction of aggravated assault, holding that the trial court did not err in admitting lay opinion testimony from the victim’s treating physicians and that trial counsel was not ineffective for failing to object to that testimony.
(9-0: Chamberlin for the Court)

Sunshine Mills, Inc. v. Nutra-Blend, LLC, 2023-CA-01208-SCT (Civil – Torts)
Reversing the trial court’s grant of summary judgment for the defendant, holding that the Mississippi Products Liability Act did not govern the claims for breach of contract and implied warranty because they sounded in contract and did not allege damage stemming from a defective product.
(9-1-0: Coleman for the Court; Randolph concurred in the result only without writing)

Other Orders

  • In Re: Rules of Discipline for the Mississippi Bar,  89-R-99010-SCT (appointing or reappointing Hon. Haydn J. Roberts, John G. Holaday, Amy K. Taylor, Hon. Jennifer T. Schloegel, David A. Pumford, Jeremy T. England, Hon. Kelly D. Mims, Jason D. Herring, and Rachel Pierce Waide to three-year terms (9/01/25 to 8/31/28) as members of the Complaint Tribunals.)
  • In Re: Commission on Continuing Legal Education, 89-R-99011-SCT (denying Petition of the Mississippi Commission on Continuing Legal Education to Amend Rule 1(d) of the Rules and Regulations for Mandatory Continuing Legal Education)
  • In Re: Rules Governing Admission to The Mississippi Bar, 89-R-99012-SCT (reappointing Pieter Teeuwissen, Marcie Fyke Baria, and Gwendolyn Baptist-Rucker to three-year terms (11/1/25 through 10/31/28) as members of the Mississippi Board of Bar Admissions)
  • Weatherly v. Weatherly, 2022-CT-00804-SCT (dismissing cert)
  • Star v. State, 2023-CT-00788-SCT (denying cert)
  • Haynes v. State, 2023-CT-00861-SCT (denying cert)
  • Brown v. Madison County Board of Supervisors, 2024-EC-01059-SCT (denying rehearing)

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Mississippi Supreme Court Decisions of August 14, 2025

The Mississippi Supreme Court handed down three opinions yesterday. I can report that the “minutes rule” is alive and well and is not to be trifled with.

But before we jump into summaries, I should acknowledge that the biggest appellate news in Mississippi this week is the appointments of Justice Maxwell and Justice Chamberlin to the United States District Court for the Northern District of Mississippi. If they are confirmed, that will create two vacancies in the Supreme Court District 3. That district is comprised of Alcorn, Attala, Benton, Calhoun, Carroll, Chickasaw, Choctaw, Clay, Coahoma, Desoto, Grenada, Itawamba, Lafayette, Lee, Leflore, Lowndes, Marshall, Monroe, Montgomery, Oktibbeha, Panola, Pontotoc, Prentiss, Quitman, Tallahatchie, Tate, Tippah, Tishomingo, Tunica, Union, Webster, Winston, and Yalobusha Counties.

Since two new justices (Branning and Sullivan) joined the Mississippi Supreme Court this year, we could have four justices joining the nine-justice court within a year. This has court-reshaping potential and will be an interesting process to watch.

K.S. v. M.D., 2023-CA-01118-SCT, consolidated with No. 2024-CA-00707-SCT (Civil – Custody)
Affirming the chancellor’s decision terminating parental rights and denying a Rule 60(b) motion to set aside adoption, holding that the chancellor had jurisdiction to terminate parental rights and that the chancellor did not abuse his discretion in terminating parental rights, and that as a result the adoption did not have to be vacated for lack of jurisdiction.
(9-0: Ishee for the Court)

The Mississippi State Port Authority at Gulfport v. Yilport Holding A.S., 2024-IA-00140-SCT, consolidated with No. 2024-IA-00149-SCT (Civil – State Boards & Agencies)
Affirming in part and reversing in part the circuit court’s rulings in a case following failed negotiations after a letter of intent was signed concerning a port expansion, holding that the trial court did not err in applying the “minutes rule” and finding that the LOI was not properly spread upon the minutes of the board and was therefore unenforceable, that estoppel did not apply, that the circuit court did err in allowing the unjust enrichment claim to go forward, and that the trial court did not err in denying summary judgment on the misappropriation-of-trade-secrets claim under the MTCA.
(9-0: King for the Court)

Sardin v. State, 2024-KA-00319-SCT (Criminal – Felony)
Affirming conviction of trafficking a controlled substance, holding that there were no arguable issues after reviewing counsel’s Lindsey brief and the record.
(9-0: Randolph for the Court)

Other Orders

  • In Re: the Rules of Civil Procedure, 89-R-99001-SCT (granting motion to amend M.R.C.P. 3)
  • In Re: Commission on Continuing Legal Education, 89-R-99011-SCT (appointing Helen Morris, Amanda B. Seymour, and Katherine K. Farese to three-year terms as members of the Commission on Continuing Legal Education)
  • Frazier v. State, 2016-M-01363 (denying motion for reconsideration of denial of motion to recuse)
  • Armistad v. State, 2023-CT-00799-SCT (denying cert)
  • Young v. Martin, 2023-CT-00980-SCT (denying cert)
  • Doby v. South Park Village Apartments, 2023-CA-01095-SCT (denying rehearing)
  • Phillips v. State, 2023-KA-01218-SCT (denying cert)
  • Tucker v. State, 2024-KA-00255-SCT (dismissing appeal as moot)
  • Mississippi Methodist Hospital & Rehabilitation Center, Inc. v. Mississippi Department of Health, 2925-SA-01113-SCT (denying motion to award costs and attorneys’ fees)
  • Rogers v. The Mississippi Bar, 2025-BD-00833-SCT (accepting irrevocable resignation as a member of the Mississippi Bar, tendered under Rule 11(a) of the Rules of Discipline for the Mississippi Bar)

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Mississippi Court of Appeals Decisions of August 12, 2025

The Mississippi Court of Appeals handed down four opinions today. The Court also unleashed fourteen other orders, most of which are rehearing denials.

Parra v. Rapid-American Corporation, 2023-CA-01196-COA (Civil – Personal Injury)
Affirming dismissal of a sixteen-year-old asbestos case for lack of prosecution, holding that the trial court did not abuse its discretion where there was a nine-year period of delay.
(10-0: McCarty for the Court)

Taylor v. State, 2023-KA-01201-COA (Criminal – Felony)
Affirming conviction of one count of trafficking methamphetamine, holding that the trial court did not err in denying a motion to suppress evidence derived from a search that the defendant contended was defective.
(9-1-0: Lawrence for the Court; Westbrooks concurred in the result only without writing)

Tauzin v. Tauzin, 2024-CA-00141-COA (Civil – Domestic Relations)
Reversing the chancellor’s order in a divorce case, holding that the chancellor did not err in interpreting or applying the parties’ antenuptial agreement, but that the chancellor did err in classification of marital property and by making insufficient findings of fact and conclusions of law regarding the Ferguson factors.
(8-0: Wilson for the Court; Carlton and Lassitter St. Pe’ did not participate)

Montoya v. State, 2023-KA-01324-COA (Criminal – Felony)
Affirming conviction of three counts of touching a child for lustful purposes, holding that the trial court did not err in giving an instruction that the defendant argued was an improper comment on the evidence and that the defendant’s trial counsel was not ineffective.
(10-0: Barnes for the Court)

Other Orders

  • Childs v. State, 2023-CA-00126-COA (denying rehearing)
  • Foote v. Memorial Hospital at Gulfport, 2023-CA-00504-COA (denying rehearing)
  • Thomas v. State, 2023-KA-00512-COA (denying rehearing)
  • Davis v. State, 2023-KA-00811-COA (denying rehearing)
  • McHard, McHard, Anderson & Associates, PLLC v. Robertson, 29230CA-00913-COA (granting appellees’ motion for appellate attorney’s fees and expenses)
  • Lee v. Doolittle, 2023-CA-00969-COA (denying rehearing)
  • McNaughton v. State, 2023-KA-01099-COA (denying rehearing)
  • Ruffin v. State, 2024-CA-00867-COA (denying the State’s motion to strike untimely motion for rehearing)
  • Pittman v. State, 2024-TS-00983-COA (granting motion for out-of-time appeal)
  • Cohen v. Trustmark National Bank, 2024-CP-01317-COA (dismissing appeal for lack of appealable judgment)
  • Black v. State, 2025-KM-00042-COA (denying motion to set aside dismissal of appeal)
  • Moore v. State, 2025-TS-00550-COA (allowing appeal to proceed on its merits)
  • Gales v. State, 2025-TS-00633-COA (granting pro se motion to proceed out of time)
  • Robinson v. State, 2025-TS-00700-COA (dismissing appeal for lack of appealable judgment)

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Double Issue: Mississippi Supreme Court Decisions of July 31, 2025 and August 7, 2025

The Mississippi Supreme Court handed down one opinion last week and one this week. Both were direct criminal appeals, but this week’s decision is a death penalty case. You can read about them below.

July 31, 2025

Harrelson v. State, 2024-KA-00600-SCT (Criminal – Felony)
Affirming conviction of statutory rape, holding that the defendant was not deprived of a fair trial by improper comments by the State because there was no objection at trial and there was substantial evidence of guilt, and holding that the verdict was not against the overwhelming weight of the evidence.
(9-0: Chamberlin for the Court)

Other Orders

  • Miller v. State, 2023-CA-00322-SCT (denying cert)
  • United Emergency Services of Mississippi, Inc. v. Miller, 2023-IA-00767-SCT (denying rehearing)
  • J.S. v. Ocean Springs School District, 2023-CA-01009-SCT (denying rehearing)
  • Tubbs v. State, 2023-KA-01124-SCT (denying rehearing)
  • In Re: Administrative Orders of the Supreme Court of Mississippi, 2025-AD-00001-SCT (directing the disbursement of $216,005.10, in civil legal assistance funds among the MS Center for Legal Services, MS Volunteer Lawyers Project, and North MS Rural Legal Services)
  • Liberty Mutual Insurance Company v. Body, 2025-IA-00510-SCT (granting interloc)

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August 7, 2025

Abram v. State, 2023-DP-00614-SCT (Criminal – Death Penalty)
Affirming conviction of two counts of capital murder and one count of attempted murder and his death sentence, holding that the circuit court did not abuse its discretion by admitting evidence from locations other than the crime scene, that the evidence was sufficient to support the capital murder convictions, and that the capital-murder convictions were not against the overwhelming weight of the evidence, and declining to abandon the M’Naghten Rule.
(9-0: Ishee for the Court)

Other Orders

  • Nailer v. State, 2023-CA-00627-SCT (denying cert)
  • Estate of Roberts: Herd v. Stokes, 2023-CT-00713-SCT (denying cert)
  • Gardner v. State, 2023-CT-00903-SCT (granting cert)
  • Wilson v. State, 2023-CT-01050-SCT (denying cert)
  • Grimes v. State, 2023-CT-01254-SCT (denying cert)

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Double Issue: Mississippi Court of Appeals Decisions of July 29, 2025 and August 5, 2025

The Mississippi Court of Appeals handed down six opinions last week and nine opinions today. With fifteen total opinions, there is something for everybody. Among the summaries below is a lawsuit filed on behalf of a minor who did not make his school’s baseball team.

July 29, 2025

Soto v. Mississippi Export Railroad Company, 2024-CA-00638-COA consolidated with Loveless v. Mississippi Export Railroad Company, 2024-CA-00639-COA (Civil – Personal Injury)
Affirming summary judgment in favor of the railroad in a car wreck case, holding that the railroad had no statutory or contractual duty to maintain traffic control devices while the road crossing the railroad was in the midst of an resurfacing project.
(9-1-0: St. Pe’ for the Court; McDonald dissented without writing)

James v. Memorial Hospital at Gulfport, 2024-CA-00459-COA (Civil – Med Mal)
Reversing summary judgment in a med mal case, holding that the plaintiffs’ response to the motion for summary judgment provided sufficient summary judgment proof including expert opinions and that the issue of whether a settled-defendant’s negligence was a superseding intervening act.
(10-0: Emfinger for the Court)

Strickland v. State, 2024-CP-00851-COA (Civil – PCR)
Reversing denial of PCR motion, holding that the indictment was void and remanding to set aside the guilty plea and for further consistent action.
(8-1-0: Lawrence for the Court; Carlton concurred in result only without writing; Emfinger did not participate)

Luster v. State, 2024-CA-00014-COA (Civil – PCR)
Affirming denial of PCR motion, holding that the trial court did not clearly earr in determining that proffered testimony was not newly discovered evidence.
(9-1-0: Westbrooks for the Court; McCarty concurred in part and in the result without writing)

West v. Gulf Relay, LLC, 2024-WC-00816-COA (Civil – Workers’ Comp)
Affirming the MWCC’s order, holding that substantial evidence supported the Commission’s finding that the claimant sustained an 80% industrial loss of use of his left upper extremity but apportioning that loss of use by 95%.
(9-1-: Carlton for the Court; McDonald concurred in part and in the result without writing)

Ramsey v. State, 2023-CP-00440-COA (Civil – PCR)
Affirming denial of PCR motion, holding that the trial court did not err in finding no merit to arguments that the guilty plea was involuntary and that counsel was ineffective.
(9-0: Barnes for the Court; St. Pe’ did not participate)

Other Orders

  • Jones v. State, 2022-KA-01124-COA (denying rehearing)
  • Ramsey v. State, 2023-CP-00440-COA (denying rehearing, substituting opinion)
  • 1st Step Sober Living LLC v. Cleveland, 2023-CA-00665-COA (denying rehearing)
  • Harris v. Casino Vicksburg, LLC, 2023-CA-00959-COA (denying rehearing)
  • Brooks v. State, 2023-KA-01081-COA (denying rehearing)
  • Jordan v. State, 2023-KA-01222-COA (denying rehearing)

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August 5, 2025

Polk v. State, 2024-KA-00591-COA (Criminal – Felony)
Affirming conviction of two counts of sexual battery of a minor under fourteen, holding that the trial court did not abuse its discretion in sustaining a relevancy objection during cross-exam of the victim or in sustaining objections to questions about the victim’s character trait for truthfulness, and that the trial court did not commit plain error violating the Confrontation Clause.
(8-2-0: Weddle for the Court; Barnes and Westbrooks concurred in part and in the judgment without writing)

In the Matter of the Conservatorship of Bennett: Bennett v. Bennett, 2023-CA-01385-COA (Civil – Other)
Affirming the chancery court’s finding of criminal contempt for violation of of order prohibiting appellant from visiting his mother in an elder-care facility and distributing mass mailings about his mother and her court proceedings, holding that the finding of contempt did not violate his rights to due process, free speech, or counsel.
(8-1-0: McDonald for the Court; Wilson concurred in part and in the result without writing; Weddle did not participate)

Green v. Presbyterian Christian School, Inc., 2023-CA-01278-COA (Civil – Torts)
Affirming motion to dismiss, holding that the parents who sued a school over their son not making the baseball team failed to state a claim under Rule 12(b)(6).
(7-2-1: Westbrooks for the Court; Wilson concurred in part and in the result without writing; Emfinger concurred in result only without writing; McCarty concurred in part and dissented in part without writing)

Johnson v. South Central Regional Medical Center, 2023-CA-00623-COA (Civil – Med Mal)
Affirming summary judgment dismissing a med mal case for failure to designate an expert witness, holding that the trial court did not err in granting the motion that was filed three years after the complaint was filed or in denying the plaintiff’s Rule 56(f) motion.
(10-0: Wilson for the Court)

Moyer v. Blades, 2023-CA-01180-COA (Civil – Personal Injury)
Affirming dismissal for failure to prosecute, holding that the trial court did not abuse its discretion in dismissing the lawsuit with prejudice under Rule 37 after the plaintiffs failed to respond to discovery for over a year and then failed to comply with a court order compelling them to respond.
(6-3-0: Wilson for the Court; McDonald and McCarty concurred in part and in the result without writing; Westbrooks concurred in result only without writing; Barnes did not participate)

Practice Point – I though this footnote was interesting from a civil defendant’s standpoint:

Goodloe v. State, 2023-KA-00960-COA (Criminal – Felony)
Affirming convictions of two counts of sexual batter and one count of fondling and sentencing as violent habitual offender, holding that allowing an expert to testify about the victims’ truthfulness was harmless error because the evidence of guilt sufficiently outweighed any harm caused by the admission and that the defendant did not receive ineffective assistance of counsel for failing to give an opening statement.
(7-2-0: Westbrooks and McDonald concurred in part and in the result without writing; Weddle did not participate)

Swims v. State, 2023-KA-01244-COA (Criminal – Felony)
Affirming conviction of second degree murder and possession of a firearm by a felon, holding that the trial court did not err in refusing the instruct the jury on the Weathersby rule, that the trial court did not abuse its discretion in allowing lay testimony about blood on the ground, and that though the trial court abused its discretion in admitting an autopsy report and in allowing testimony that simply repeated the autopsy report those errors were cumulative of admissible evidence and harmless.
(8-2: Wilson for the Court; Westbrooks concurred in part and dissented in part without writing; McDonald concurred in part and dissented in part, joined by McCarty in part)

Knox v. Alford, 2024-CA-00442-COA (Civil – Other)
Affirming the trial court’s order denying a Rule 60(b) motion to alter a judgment of a dismissal for want of prosecution, holding that the trial court did not err in finding that neither the plaintiff’s motion to leave his case on the docket filed in response to the clerk’s Rule 41 notice nor his request for a trial setting was a sufficient “action of record.”
(7-3: Barnes for the Court; Lawrence concurred in part and dissented in part, joined by Westbrooks and McDonald and joined in part by McCarty)

Brownlee v. State, 2024-CA-00585-COA (Civil – State Boards & Agencies)
Reversing and rendering the circuit court’s decision affirming MDOC’s denial of an ARP request for a parole-eligibility date, holding that MDOC lacked authority to disregard the sentencing court’s judgment and sentence even though the sentence was contrary to statute.
(6-1-3: Wilson for the Court; McDonald concurred in part and in the result without writing; Emfinger dissented, joined by Lawrence and Weddle)

Other Orders

  • Phinizee v. State, 2023-KA-01090-COA (denying rehearing)
  • Caffey v. Forrest Health, 2023-CA-01232-COA (denying rehearing)

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Mississippi Court of Appeals Decisions of July 22, 2025

The Mississippi Court of Appeals handed down ten opinions today. These opinions cover personal injury, felonies, unauthorized practice of law, appellate jurisdiction, contract, and more. You can read my summaries below.

Varnado v. State, 2024-KA-00338-COA (Criminal – Felony)
Affirming conviction of seven counts of sexual battery, holding that the trial court did not abuse its discretion in admitting testimony under the Tender Years Exception, that the trial court did not abuse its discretion by allowing the State to ask a victim leading questions on direct, and that the trial court did not err in denying the defendant’s motion for new trial or JNOV challenging the sufficiency and weight of the evidence.
(10-0: St. Pe’ for the Court)

Singh v. Singh, 2024-CA-00646-COA (Civil – Contract)
Affirming the circuit court’s reversal of the county court in a garnishment dispute, holding that the county court’s decision granting a stay of garnishment was not supported by the evidence.
(9-0: St. Pe’ for the Court; Westbrooks did not participate)

Owens v. Boyd Biloxi LLC, 2024-CA-00330-COA (Civil – Personal Injury)
Affirming the circuit court’s grant of summary judgment for the defendant in a slip-and-fall case, holding that the plaintiff failed to come forward with evidence that the defendant had actual or constructive knowledge of water’s presence on the floor.
(10-0: Weddle for the Court)

Brown v. State, 2024-CA-00307-COA (Civil – PCR)
Affirming dismissal of a PCR motion, holding that the trial court did not err in finding that the petition seeking permission to file an appeal nearly 15 years after conviction was time-barred and not subject to exceptions.
(9-0: McCarty for the Court; Weddle did not participate)

Quilantan v. State, 2024-CP-00357-COA (Civil – PCR)
Affirming denial of PCR motion, holding that there was no merit to the claim based on the absence of a PSI report, ineffective assistance of counsel, or failure to provide a certified interpreter.
(9-0: McDonald for the Court; Emfinger did not participate)

Williams v. Williams, 2023-CA-00992-COA (Civil – Domestic Relations)
Dismissing appeal of a decision granting a divorce for lack of final, appealable judgment in a divorce case.
(10-0: Carlton for the Court)

Rash v. State, 2023-KA-01284-COA (Criminal – Felony)
Affirming conviction of being a felon in possession of a firearm, holding that there was no merit to the pro se arguments that the trial court failed to properly instruct the jury, that trial counsel provided ineffective assistance, that the State committed prosecutorial misconduct, or that the deputy lacked probable cause or reasonable suspicion for the traffic stop that started it all.
(8-1-0: Carlton for the Court; McDonald concurred in result only without writing; Westbrooks dissented without writing)

Patterson v. State, 2024-KA-00268-COA (Criminal – Felony)
Affirming conviction of aggravated assault and possession of a firearm by a felon, holding that the defendant’s rights to confrontation and a fair trial were not violated by the hearsay testimony where a hearsay objection was sustained and no curative instruction was sought and that the verdict was not against the overwhelming weight of the evidence.
(10-0: Carlton for the Court)

Lenoire v. State, 2024-KM-00035-COA (Criminal – Misdemeanor)
Reversing conviction of practicing law without a license, holding that the circuit court did not err in denying the defendant’s motion to dismiss the charging affidavit, but that the circuit court’s commentary during the pronouncement of the guilty verdict created a reasonable doubt about the presumption of impartiality and amounted to plain error and that the defendant was deprived of his right to a jury trial and right to counsel.
(6-3: Barnes for the Court; Lawrence concurred in part and dissented in part, joined by Carlton and Emfinger; Weddle did not participate)

Jackson v. State, 2023-KA-01280-COA (Criminal – Felony)
Affirming conviction of three counts of trafficking controlled substances, holding that the good faith exception to the exclusionary rule applied where, though probable cause to support the warrant was lacking, law enforcement reasonably relied on a facially valid warrant.
(7-1-2: Wilson for the Court; Carlton concurred in result only without writing; Westbrooks dissented, joined by McDonald)

Other Orders

  • Roncali v. State, 2023-KA-00173-COA (denying rehearing)
  • Roberts v. Roberts, 2023-CA-00934-COA (denying rehearing)
  • Terry v. State, 2023-KA-00979-COA (denying rehearing)

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