Tag: GAL

Double Issue: Supreme Court Decisions of May 21 and May 28, 2026

The Mississippi Supreme Court handed down one opinion last week and three this week. Two are custody cases, one is a direct criminal appeal, and one is a wrongful death case up on the issue of whether an arbitration agreement is enforceable. There are three Bar matters and one order amending the MRAP among the “Other Orders.”

May 21, 2026

Solop v. Solop, 2025-CA-01513-SCT (Civil – Custody)
Affirming the chancellor’s decision denying the father’s motion to delegate non-custodial time to his parents during his upcoming deployment, holding that the chancellor did not err in applying section 93-5-34 and did abuse her discretion awarding only extended visitation to the grandparents during the deployment.
(7-o: Branning for the Court)

Other Orders

  • Johnson v. State, 2024-CT-0065-SCT (dismissing notice construed as cert petition)
  • Hewitt v. TJM Properties, Inc., 2024-CA-01312-SCT (denying rehearing)
  • Strickland v. The Mississippi Bar, 2026-BR-00352-SCT (granting dismissal of reinstatement petition for noncompliance)

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May 28, 2026

Shipley v. Shipley, 2023-CT-00814-SCT (Civil – Custody)
Affirming in part and reversing in part on cert, holding that the chancellor did not err by not appointing a GAL, but that the chancellor did not perform a proper Albright analysis and reversed the Court of Appeals’ decision affirming the chancellor.
(7-0: King for the Court)

Practice Point – The Supreme Court specifically addressed whether the appointment of a mandatory GAL can be waived:

Zattoni v. State, 2024-KA-01382-SCT (Criminal – Felony)
Affirming convictions of kidnapping and felon in possession of a weapon, holding that the trial court erred by not accepting a stipulation that the defendant was a convicted felon until after the State has put on its case in chief and that the trial court erred in admitting an unredacted audio recording of the defendant’s interview with police on the basis that it was after he had been Mirandized without considering Rule 404(b) or Rule 403, but concluding that the errors were harmless.
(7-0: Sullivan for the Court)

Hubbard v. Nexion Health at Clinton, Inc., 2025-CP-00019-SCT, consolidated with Hubbard v. Estes, No. 2025-CP-00386-SCT (Civil – Wrongful Death)
Reversing the circuit court’s grant of a motion to compel arbitration, holding that the record contained insufficient evidence to establish the son’s authority to bind the father to arbitration when signing paperwork during the father’s admission to a rehab facility.
(7-0: Branning for the Court)

Other Orders

  • In Re: Mississippi Rules of Appellate Procedure, 89-R-99027-SCT (amending the Mississippi Rules of Appellate Procedure)
  • The Mississippi Bar v. Valley, 2008-BD-01884-SCT (suspending respondent from the practice of law)
  • Wooten v. State, 2023-CT-01318-SCT (denying cert)
  • Fields v. State, 2024-CT-00807-SCT (denying cert)
  • Hessler v. The Mississippi Bar, 2024-BR-01041-SCT (granting reinstatement from deferred suspension)
  • Jackson v. State, 2025-M-01401 (denying response to order denying recusal and renewed request for appointment of special justices)

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Mississippi Court of Appeals Decisions of October 25, 2022

The Mississippi Court of Appeals handed down six opinions today. There are four criminal cases including one with an interesting issue that arose when only eleven jurors were polled about the verdict. There is also a termination of parental rights case and a PCR case.

Braziel v. State, 2021-KA-00603-COA (Criminal – Felony)
Affirming conviction of burglary upon receipt of a Lindsey brief and in the absence of a pro se brief, holding that there were no arguable issues on appeal.
(9-0: Judge Smith did not participate.)

C.P. v. Lowndes County Dept. of Child Protection Services, 2019-CA-01739-COA (Civil – Domestic Relations)
Affirming the chancery court’s decision terminating parental rights of both natural parents, holding that there was clear and convincing evidence supporting the termination and that reunification efforts were not required, that the GAL’s efforts were “suboptimal” but harmless because there was other sufficient evidence, that it was error to not inform the parents of their rights at the outset of the bearing but it was harmless since the parents were represented and exercised their rights, and that the court did not commit reversible error adopting CPS’s proposed order verbatim without specific findings of fact.
(6-4-0: Judge Wilson and Judge McCarty concurred in part and in the result without separate written opinion; Judge Westbrooks and Judge Lawrence concurred in the result only without separate written opinion.)

Maye v. State, 2020-KA-00100-COA (Criminal – Felony)
Affirming conviction of first-degree murder, holding that the trial court did not err by refusing a heat-of-passion manslaughter instruction where the defendant denied killing the victim and there was no evidence to support the instruction and holding that there was no error in admitting a gruesome photo that had probative value.
(6-3: Judge McDonald and Judge Lawrence concurred in part and in the result only without separate written opinion; Judge Westbrooks concurred in result only without separate written opinion.)

O’Quinn v. State, 2021-KA-00534-COA (Criminal – Felony)
Affirming conviction of armed robbery, holding that there was no merit to the defendant’s argument that his trial counsel was ineffective for failing to object to multiple instance of hearsay.
(9-1-0: Judge Westbrooks concurred in the result only without separate written opinion.)

ASIDE – The opinion provides a colorful description of events that unfolded in the parking lot immediately after the robbery. It reads like a scene from Raising Arizona, complete with a two-year-old in the getaway car. Here is a portion:

Price v. State, 2019-KA-01890-COA (Criminal – Felony)
Affirming conviction of first-degree murder, two counts of attempted first-degree murder, and possession of a firearm by a felony, holding that the conviction was supported by sufficient evidence and not against the overwhelming evidence, that the defendant could not complaint on appeal about the denial of a motion he opposed at trial, that ineffective assistance claims were denied without prejudice, that the defendant waived arguments that the trial judge should have recused, that there was no error in several jury-related issues including the trial court’s failure to poll all 12 jurors that was cured by retroactively polling the juror at an evidentiary hearing order by the Court of Appeals.
(7-3: Judge McDonald dissented, joined by Judge Westbrooks and joined as to Parts I and II by Judge McCarty. The dissent took issue with the notion that the trial court’s failure to poll all 12 jurors could be cured on remand by a supplemental hearing.)

Skinner v. State, 2021-CA-00080-COA (Civil – PCR)
Denying motion for rehearing, withdrawing original opinion, and substituting this modified opinion affirming the denial of a PCR motion, holding that the plaintiff was procedurally barred by res judicata and without merit and that the trial court did not abuse its discretion in refusing to consider evidence of a potential defense for the plaintiff’s 1994 conviction in sentencing him for his 2011 felony evasion.
(5-4: Judge McCarty concurred in part dissented in part; Judge McDonald dissented, joined by Chief Judge Barnes, and Judge Westbrooks, and joined in part by Judge McCarty. Judge Emfinger did not participate.)

Other Orders

Ford v. State, 2020-KA-00278-COA (dismissing untimely pro se motion for rehearing)
Garlington v. State, 2020-KA-00392-COA (denying rehearing)
Towns v. Panola County Board of Supervisors, 2020-CA-01364-COA (denying rehearing)
Skinner v. State, 2021-CA-00080-COA (denying rehearing)
Robinson v. State, 2021-CP-01215-COA (dismissing appeal as moot)

Hand Down List