Tag: Ferguson

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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Mississippi Supreme Court Decisions of April 3, 10, 17, and 24, 2025

Here is Part 2 of my April catch-up posting. The Mississippi Supreme Court handed down nine opinions over the past four weeks. On April 3, appellants went 2-1 with a wills and estates undue-influence case, a divorce case, and an MTCA case with a seven-justice special concurrence addressing confusion in the post-Brantley era. Over the following three weeks there was a case addressing a name-change petition on behalf of a minor undergoing gender transition. There is also a case where a majority of the supreme court justices were unhappy with–but affirmed–the application of one of the Court’s rules requiring a defense attorney had to pay jury costs as part of his client’s plea bargain.

April 3, 2025

In Re Estate of Autry: Autry v. Autry, 2023-CA-01300-SCT (Civil – Wills, Trusts & Estates)
Affirming the chancery court’s order invalidating warranty deeds and a last will and testament, holding that the will was invalid because it was not duly authenticated and that the warranty deeds were the product of undue influence.
(9-0)

Sistrunk v. Sistrunk, 2023-CA-01130-SCT (Civil – Domestic Relations)
Reversing the chancellor’s judgment in a divorce case, holding that the court erred by not making specific findings of fact supported by evidence for each of the Ferguson factors and that as a result the court also erred in its rulings on alimony, child support, use of the martial home, determination of marital assets, and attorney’s fees.
(9-0)

J.S. by and through Segroves v. Ocean Springs School District, 2023-CA-01009-SCT (Civil – Personal Injury)
Reversing the trial court’s grant of summary judgment in an MTCA case, holding (1) that discretionary-function immunity protected the defendant from claims that it failed to adopt sufficient policies and procedure, (2) that the plaintiff’s claims regarding negligent hiring, supervision, and training are claims sound in simple negligence and should not have been dismissed, and (3) that the plaintiff demonstrated a triable issue of fact on foreseeability.
(6-7*-1-0: Maxwell specially concurred, joined by Coleman, Chamberlin, Ishee, Griffis, Sullivan, and Branning; Griffis concurred in part and in the result without writing; Randolph did not participate)

Note – You know what that sound means… Justice Maxwell has written another special concurrence that garnered enough votes to have precedential effect. This concurrence addressed ongoing confusion in MTCA law after Wilcher overruled Brantley:

Other Orders

  • Georgen v. Estate of Brown-Barrett, 2023-CT-00344-SCT (denying cert)
  • Robinson v. State, 2023-KA-00773-SCT (denying rehearing)
  • Miller v. State, 2023-CT-00812-SCT (denying cert)
  • Adams v. State, 2025-M-00014 (denying petition for writ of habeas corpus in the nature of a post-conviction application, and finding that the filing was frivolous

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April 10, 2025

Hawkins v. State, 2023-KA-00978-SCT (Criminal – Felony)
Affirming conviction of one count of sexual battery and two counts of fondling, holding that the conviction was supported by sufficient evidence and that the verdict was not against the overwhelming weight of the evidence, and that the second trial did not violate double jeopardy where the first trial ended in mistrial due to juror misconduct.
(9-0)

Other Orders

  • LaFleur v. State, 2022-CT-00500-SCT (denying cert)
  • Wilkerson v. Allred, 2023-CT-00393-SCT (denying cert)
  • Fox v. Allen Automotive, Inc., 2023-CT-00441-SCT (denying cert)
  • Phillips v. Forrest County Industrial Park Commission, 2023-CT-01132-SCT (dismissing cert petition)
  • Williams v. Mississippi Farm Bureau Casualty Insurance Company, 2023-CA-01225-SCT (denying rehearing)

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April 17, 2025

In the Matter of S.M. v. Mississippi State Board of Health, 2023-CA-01379-SCT (Civil – Other)
Affirming the chancellor’s decision denying a minor female’s petition to legally change her name to a more masculine name as part of a gender transition, holding that the chancellor did not abuse her discretion in determining that the child needed to mature more before refiling her request and that the chancellor was not required to apply the Albright factors in reaching that decision.
(8-1: King dissented)

Mississippi Apartment Association v. City of Jackson, 2023-CA-01068-SCT (Civil – Other)
Affirming the chancery court’s decision granting a motion to dismiss an action seeking injunctions based on interpretations and enforcement of city ordinances, holding that the circuit court had exclusive jurisdiction in a previously-filed action challenging the City’s decision to adopt and also hand pendent jurisdiction over the equitable claims in chancery court.
(5-4: Coleman dissented, joined by Branning, Maxwell, and Griffis; Maxwell dissented, joined by Griffis, and joined in part by Coleman, and Branning)

In Re: Jex, 2024-CP-00291-SCT (Civil – Other)
Affirming the circuit court’s order requiring the defendant’s attorney to pay jury costs, holding that the record confirmed that the attorney voluntarily agreed to do so as part of negotiating a plea bargain for his client.
(4-5*-3: Chamberlin specially concurred, joined by Maxwell, Ishee, Griffis, and Branning; Sullivan dissented, joined by King and Coleman)

Note – Chamberlin’s special concurrence has a total of five votes giving it precedential value. Both the special concurrence and the dissent note some difficult facts in this case and the duress, albeit not “legal duress” the State put the defense attorney under.

Final Note – I count eight votes from the rule-making body unhappy with the application of a rule in this case (Rule 3.13 of the Uniform Civil Rules of Circuit and County Court Practice). See Newell v. State, 308 So. 2d 71 (Miss. 1975).

Other Orders

  • In Re: State Intervention Courts Advisory Committee, 89-R-99039-SCT (approving the designation of Katharine Surkin, Director of the Administrative Office of the Courts, of Justice Robert P. Chamberlin as Chair of the State Intervention Courts Advisory Committee and the following as members through December 31, 2026: Judge Michael M. Taylor, Judge Winston L. Kidd, Judge Robert Helfrich, Judge Charles E. Webster, Judge Kathy King Jackson, Judge Randi P. Mueller, Judge John White, Nathan Blevins Deputy Commissioner of Community Corrections, MDOC, Representative Kevin Horan, Chairman, House Judiciary B Committee, Andrea Sanders, Commissioner, Miss. Department of Child Protection Services, and Consuelo Walley, Coordinator, Jones County Drug Ct, 18th Judicial Circuit, and further designating the following alternate members who may attend and vote in the absence of an appointed committee member: Judge Mary “Betsy” Cotton, Judge Mike Dickinson, Judge Walt Brown and W. Dewayne Richardson, District Attorney, Fourth Circuit Court District.)
  • Brown v. State, 2023-CT-00648-SCT (denying cert)
  • In the Matter of Estate of Johnson: Manners v. Estate of Johnson, 2023-CT-00823-SCT (granting cert)
  • In Re: Administrative Orders of the Supreme Court of Mississippi, 2025-AD-00001-SCT (directing the disbursement of $149,116.92 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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April 24, 2025

Quinn v. State, 2024-KA-00195-SCT (Criminal – Felony)
Affirming conviction of attempted murder and possession of a firearm by a felon, holding that the trial court did not err by denying the defendant’s proposed jury instruction defining “homicide,” “murder,” and “deliberate design,” and that the evidence was sufficient to support the conviction.
(9-0)

United Emergency Services of Mississippi, Inc. v. Miller, 2023-IA-00767-SCT, consolidated with Baptist Memorial Hospital-Golden Triangle, inc. v. Miller, 2023-IA-00772-SCT (Civil – Wrongful Death)
Affirming in part and reversing in part the circuit court’s denial of the defendants’ motions for summary judgment in a med mal case, holding that the there were genuine issues of material fact as to all claims except those relying on the theory that one defendant-doctor should have admitted the decedent to the hospital.
(9-0)

Other Orders

  • Knight v. State, 2022-KA-01138-SCT (denying rehearing)
  • Middleton v. State, 2024-IA-00144-SCT (denying rehearing)
  • McPhail v. McPhail, 2024-TS-00849 (reinstating appeal)

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Mississippi Court of Appeals Decisions of August 27, 2024

The Mississippi Court of Appeals handed down eleven opinions today. The majority are PCR cases, but there are a few direct criminal appeals, a personal injury case, and a divorce case.

Magee v. State, 2023-CP-00008-COA (Civil – PCR)
Affirming denial of PCR motion, holding that the circuit court did not err by failing to appoint counsel to represent the petitioner at his evidentiary hearing, finding that the guilty pleas were knowing/intelligent/voluntary, or in denying the claim of ineffective assistance of counsel.
(9-0)

Haley v. State, 2023-CP-00918-COA (Civil – PCR)
Affirming dismissal of second PCR motion, holding that the circuit court did not err in finding that the motion was successive and time-barred.
(9-0)

Stacy v. Stacy, 2023-CA-00219-COA (Civil – Domestic)
Reversing the chancellor’s division of martial property and alimony award, holding that the chancellor erred by failing to address both the Ferguson factors and the Armstrong factors in the decision.
(9-0)

Harris v. State, 2023-KA-00460-COA (Criminal – Felony)
Affirming resentencing for conviction of depraved heart murder, holding that the trial court did not err in sentencing the defendant to life imprisonment and that the defendant had no liberty interest in parole.
(7-1-0: Westbrooks concurred in result only; Emfinger did not participate)

Alexander v. Metropolitan Y.M.C.A., 2022-CP-01092-COA (Civil – Personal Injury)
Affirming the trial court’s grant of summary judgment in a personal injury action arising from a swimming pool accident, holding that the trial court did not err in granting summary judgment where there was no evidence of breach or proximate cause.
(7-0: McDonald and Emfinger did not participate)

Easterling v. State, 2023-KA-00610-COA (Criminal – Felony)
Affirming conviction of possession of a controlled substance as a second or subsequent offender and habitual offender, holding that there were no grounds for reversal after reviewing counsel’s Lindsey brief and the record.
(9-0)

LaFleur v. State, 2022-KA-00500-COA, consolidated with 2022-IA-01244-COA (Criminal – Felony)
Affirming the trial court’s denial of the defendant’s motion to dismiss, holding that the trial court’s ruling granting a new trial on attempted murder did not constitute an acquittal so the Double Jeopardy Clause did not prohibit a second trial, and dismissing direct appeal because the defendant did not challenge his conviction of simple assault.

Pryer v. State, 2023-CP-00568-COA (Civil – PCR)
Reversing the trial court’s denial of a Rule 60(b)(6) motion to reconsider the denial of a PCR motion challenging the revocation of a suspended sentence, holding that it was error to deny the motion reconsider because MDOC’s petition for revocation cited only technical violations.
(9-0)

Hardy v. State, 2023-CP-00970-COA (Civil – PCR)
Affirming denial of PCR motion, holding that the guilty plea was voluntary, that any Fourth Amendment or Sixth Amendment challenges were waived by the guilty plea.
(9-0)

Wallace v. State, 2023-KA-00071-COA (Criminal – Felony)
Affirming conviction of armed robbery, holding that the trial court did not commit plain error by proceeding with voir dire in the defendant’s absence where the defendant knew about the trial date but had transportation issues, that there was no reversible error related to the prosecutor’s statements during closing, and that the verdict was not against the overwhelming weight of the evidence.
(7-1[0]-1[2]: McDonald concurred in part and in the result without writing; Westbrooks concurred in part and dissented in part, joined by McDonald.)

Siggers v. State, 2023-CP-00324-COA (Civil – Other)
Affirming the trial court’s summary denial of a pro se “Habeas Corpus” pleading that it treated as a PCR motion, holding that the trial court erred by treating the pleading as a PCR motion but affirming denial of the “Habeas Corpus” because the issue was moot once the final revocation hearing was held, but remanding the matter to consider a subsequent PCR motion.
(6-3: McDonald concurred in part and dissented in part, joined by Barnes and Westbrooks, joined in part by McCarty)

Other Orders

  • None

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