Tag: Ineffective Assistance

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)

Hand Down Page

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)

Hand Down Page

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)

Hand Down Page

Mississippi Court of Appeals Decisions of April 29, 2025

The Mississippi Court of Appeals handed down two opinions today. One is a PCR case and the other is a direct appeal of a felony conviction. Not much to upsell today.

Harris v. State, 2024-CA-00231-COA (Civil – PCR)
Affirming denial of PCR motion, holding that the ineffective-assistance-of-counsel claim lacked merit.
(10-0)

McGee v. State, 2023-KA-00083-COA (Criminal – Felony)
Affirming conviction of possession of a firearm by a felon, holding that the trial court did not abuse its discretion by allowing evidence of his prior arrest, that the conviction was supported by sufficient evidence, that the claim that the indictment was procedurally barred because it was not raised in the trial court, that the search of the defendant’s car was not illegal, and that the defendant was not subject to an ex post facto violation.
(8-2-0: McDonald concurred in part and in the result without writing; Westbrooks concurred in the result only without writing)

Other Orders

  • Fox v. State, 2023-KA-00596-COA (denying rehearing)
  • Young v. Martin, 2023-CA-00980-COA (denying rehearing)

Hand Down Page

Mississippi Supreme Court Decisions of February 27, 2025

The Mississippi Supreme Court handed down three opinions today. One addresses a service-of-process issue in a med mal case and the other two are direct criminal appeals. Once of the criminal cases reversed under the cumulative-error doctrine.

Webster v. University of Mississippi Medical Center Grenada, 2023-CA-00687-SCT (Civil – Med Mal)
Affirming the trial court’s order of dismissal for failure to serve process, holding that Rule 4(d)(5) applied, not Rule 4(d)(8), so UMMC had to be served by service on the attorney general which was not done within the time allowed under Rule 4(h).
(9-0)

Minor v. State, 2022-CT-00990-SCT (Criminal – Felony)
Reversing convictions of possession of marijuana and trafficking of THC, holding that cumulative-error doctrine applied where the State commented on the defendant’s right to remain silent, elicited inflammatory testimony regarding the effect of edible son children without evidentiary basis, referring to an out-of-court statement made by someone the defendant did not have an opportunity to cross examine, and improperly implied the defendant must be guilty because another defendant was guilty because these errors undermined the fairness of the defendant’s trial.
(4-3: Griffis dissented, joined by Maxwell and Branning; Randolph and Sullivan did not participate)

Jones v. State, 2023-KA-00876-SCT (Criminal – Felony)
Affirming conviction of sexual battery and fondling, holding that the defendant did not show that trial counsel’s failure to file post-trial motions prejudiced his defense.
(7-2: King dissented, joined by Griffis)

Other Orders

  • Gilmer v. Biegel, 2022-CT-00528-SCT (denying motion for citation of contempt and sanctions as moot)
  • Nettles v. Nettles, 2023-CT-00041-SCT (dismissing cert)
  • Brown v. State, 2023-CT-00082-SCT (denying cert)
  • Aldridge v. South Tippah County School District, 2023-CT-00418-SCT (denying cert)

Hand Down Page

Mississippi Court of Appeals Decisions of January 21, 2025

The Mississippi Court of Appeals handed down six opinions today. There is a pair of direct criminal appeals, a pair of PCR decisions, a custody decision, and an adverse possession decision.

Burnette v. State, 2023-CP-01330-COA (Civil – PCR)
Affirming summary dismissal of PCR motion, holding that it was time-barred.
(9-0: St. Pe’ did not participate)

Moore v. State, 2024-CP-00150-COA (Civil – PCR)
Affirming summary dismissal of a PCR motion, holding that it was time-barred and successive.
(9-0: St. Pe’ did not participate)

Grimes v. State, 2023-KA-01254-COA (Criminal – Felony)
Affirming conviction of manslaughter and sentence after remand for an evidentiary hearing on alleged juror misconduct, holding that the trial court did not err in finding that no conduct by a juror prejudiced the defendant.
(8-0: Weddle and St. Pe’ did not participate)

Adams v. Adams, 2023-CA-01041-COA (Civil – Domestic Relations)
Affirming the chancellor’s custody ruling in a divorce proceeding, holding that the chancellor did not err in applying the Albright factors and determining that it was in the children’s best interest to award sole physical custody to the mother.
(9-0: St. Pe’ did not participate)

Robinson v. State, 2023-KA-00575-COA (Criminal – Felony)
Affirming conviction of sexual battery, holding that in light of overwhelming evidence of guilt the defendant failed to show that his trial counsel was ineffective for introducing a recording between an officer and a witness.
(7-2-0: Barnes concurred in part and in the result without writing; Wilson concurred in result only without writing; St. Pe’ did not participate)

Phillips v. Forrest County Industrial Park Commission, 2023-CA-01132-COA (Civil – Real Property)
Affirming the chancellor’s finding that the Commission acquired title to two acres of land by adverse possession and dismissing counterclaims, holding that the Commission proved the elements of adverse possession and that as a result the appellants’ counterclaims for trespass, unlawful withholding possession, and unjust enrichment were properly dismissed.
(6-3-0: Wilson and McDonald concurred in part and in the result without writing; Westbrooks concurred in result only without writing)

Other Orders

  • None

Hand Down Page

Mississippi Court of Appeals Decisions of August 29, 2023

The Mississippi Court of Appeals handed down six opinions today. Today was heavy on direct criminal appeals, with one reversal in part. There was also an appeal of summary judgment in a slip-and-fall case and a PCR case.

Gilbert v. State, 2021-KA-01265-COA (Criminal – Felony)
Affirming conviction of leaving the scene of an accident causing significant bodily injury, aggravated DUI, and DUI-related death of an unborn child, holding that the claim of ineffective assistance of counsel was without merit and that the prosecution did not improperly draw attention to the defendant’s exercise of his right to remain silent during closing arguments.
(10-0)

Landry v. Vallman McComb Mall, LLC, 2022-CA-00439-COA (Civil – Personal Injury)
Affirming summary judgment in favor of a fast food restaurant in a slip-and-fall case, holding that mopping and cleaning floors in a restaurant was a reasonable endeavor and was conducted in a reasonable manner, and that the an employee provided multiple warnings.
(9-1-0: McCarty concurred in part and in the result sub silentio.)

Lee v. State, 2022-KA-00078-COA (Criminal – Felony)
Affirming in part and reversing in part after the defendant was convicted of first degree murder, two counts of felon in possession of firearm, and tampering with physical evidence, holding (1) that the two counts of felon in possession should be merged into a single count and remanding for sentencing, (2) that excluding language from the tampering instruction that removed the element requiring intent was plain error, and (3) that retroactive misjoinder was inapplicable.
(9-1-0: Barnes concurred in part and in the result sub silentio.)

NOTE – Here is the jury instruction at issue:

Washington v. State, 2021-KA-01384-COA (Criminal – Felony)
Affirming convictions of first-degree murder and two counts of aggravated assault, holding that the trial court’s ruling on the defendant’s Batson challenges were not clearly erroneous or against the overwhelming weight of the evidence.
(8-1*-0: Westbrooks wrote a special concurrence, joined by McDonald and joined in part by McCarty; Smith did not participate. *McDonald and McCarty joined the majority opinion and the special concurrence.)

Ellison v. State, 2022-KA-00462-COA (Criminal – Felony)
Affirming conviction of capital murder, holding that the verdict was not against the overwhelming evidence and that the trial court did not err by not removing a sleeping juror where the issue was not raised by trial counsel, and dismissing the ineffective assistance claim without prejudice.
(9-0: Smith did not participate.)

Hall v. State, 2022-CP-01097-COA (Civil – PCR)
Affirming the dismissal of a PCR motion, holding that the motions were filed outside of the three-year statute of limitations and the petitioner did not prove that a statutory exception applied.
(7-3*-0: Westbrooks wrote a special concurrence joined by McDonald, and joined in party by Barnes and McCarty; Barnes and McDonald concurred in part and in the result sub silentio. *McCarty authored the majority opinion and joined the special concurrence.)

Other Orders

Miller v. Board of Trustees of Second Baptist Church of Starkville, 2020-CA-01384-COA (denying rehearing)

Williamson v. State, 2021-KA-00830-COA (denying rehearing)

Durr v. State, 2021-KA-01109-COA (denying rehearing)

Herbert v. Herbert, 2021-CA-01291-COA (denying rehearing)

Beckworth v. Beckworth, 2022-CA-00048-COA (denying rehearing)

Hand Down Page

Mississippi Supreme Court Decisions of May 11, 2023

The Mississippi Supreme Court handed down four decisions today. One is an interlocutory appeal of a discovery order in a personal injury case and one is a direct criminal appeal. The other two are election contest cases, one regarding the race for public service commissioner and other a state representative race.

Mississippi Baptist Health Systems, Inc. v. Johnson, 2022-IA-00158-SCT (Civil – Personal Injury)
Reversing the trial court’s order compelling the defendant hospital to produce two incident reports over a claim of privilege, holding that the trial court erred in ordering production without conducting in camera review and remanding for that purpose.
(9-0)

Norwood v. State, 2021-KA-00903-SCT (Criminal – Felony)
Affirming conviction of aggravated domestic violence, holding that there was no reasonable probability that, but for defense counsel’s failure to present evidence of the victim’s purported drug use while cross-examining her, the trial result would have been different.
(9-0)

Gunasekara v. Barton, 2023-EC-00377-SCT (Civil – Election Contest)
Affirming the trial court’s decision in an election contest, holding that the trial court did not manifestly err by holding that the plaintiff failed to meet the five-year residency requirements for the office of Public Service Commissioner.
(6-0: Coleman, Maxwell, and Chamberlin did not participate.)

NOTE – The Court declined to address the plaintiff’s claim that the five-year citizenship requirement violated the 14th Amendment, noting that the Attorney General should be given the opportunity to argue the question of constitutionality.

Jones v. Yates, 2023-EC-00395-SCT (Civil – Election Contest)
Affirming the trial court’s finding in an election contest, holding that the trial court erred in determining that the would-be candidate for state representative satisfied the two-year residency requirement but affirmed because the trial court reached the correct outcome for other reasons.
(9-0)

Other Orders

Short v. State, 2021-CT-00499-SCT (dismissing pro se cert petition)

Davis v. State, 2021-CT-00593-SCT (denying cert)

Meek v. Cheyenne Steel, Inc., 2021-CT-01219-SCT (denying cert)

Hand Down Page

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

Mississippi Court of Appeals Decisions of July 26, 2022

The Mississippi Court of Appeals was short on opinions and long on “housekeeping” orders today. There were two opinions affirming criminal convictions and one chancery matter dealing with division of marital assets, alimony, and custody/visitation. One of the criminal appellants made a scrappy argument that Covid deprived him of due process during his trial.

Boyd v. State, 2021-KA-00066-COA (Criminal – Felony)
Affirming conviction of two counts of murder and one count of aggravated assault stemming from a marijuana deal that went off the rails, holding that the defendant failed to meet his burden of proving ineffective assistance of counsel amounting to a violation of constitutional rights and that review of the record showed affirmatively that his ineffective assistance claims were without merit. The meritless issues raised involved the lack of a request for a jury instruction regarding imperfect self-defense manslaughter, the lack of objection to an investigator’s testimony regarding Facebook messages and the admission of those messages as exhibits, the lack of objection to the State’s cross-examination of the defendant regarding text messages, and the lack of objection to comments by the prosecutor during closing.
(9-1-0)

Walker v. State, 2021-KA-00483-COA (Criminal – Felony)
Affirming conviction of sexual battery, holding that the evidence was sufficient even without “physical or scientific” evidence, that there was no due process violation in holding trial during the Covid pandemic, that the defendant was procedurally barred from arguing prosecutorial misconduct because he cited no evidence to support it, that there was no error in admitting testimony of two investigators, and that there was no miscarriage of justice in the prosecutor reading only a portion of a jury instruction during closing.
(10-0)

ADDENDUM – COVID and the Law: The defendant argued that fear of Covid created an urgency among the jurors that prevented them from faithfully discharging their sworn duties. This argument failed for want of evidence:

Garner v. Garner, 2021-CA-00038-COA (Civil – Domestic Relations)
Affirming the chancellor’s awards following an irreconcilable differences divorce between an OB/GYN and her husband, rejecting the ex-husband’s arguments on appeal and holding that his award of 48% of the martial property was the product of a proper Ferguson analysis, that there was no error awarding him rehabilitative alimony in lieu of more “accessible cash,” and that chancellor properly applied the Albright factors in awarding sole legal and physical custody to the mother.
(9-1-0)

Other Orders

McGee v. Neel Schaffer Engineers and Planners Inc., 2020-CA-01277-COA (denying rehearing)

Magee v. State, 2020-KA-01378-COA (denying rehearing)

Haynes v. State, 2020-KA-01397-COA (denying rehearing)

Camphor v. State, 2021-CP-00048-COA (recalling mandate and accepting motion for rehearing as timely)

Jones v. State, 2021-KA-01263-COA (dismissing motion to dismiss appeal as untimely and granting appellant’s motion to proceed out-of-time)

Lawrence v. State, 2021-TS-01324-COA (granting appellant’s motion to voluntarily dismiss appeal)

Wilson v. State, 2022-TS-00268-COA (dismissing appeal as untimely)

Harrell v. State, 2022-TS-00276-COA (denying appellant’s pro se motion to reinstate appeal)

Rice v. State, 2022-TS-00400-COA (affirming circuit court’s judgment)

Gutierrez v. State, 2022-TS-00459-COA (dismissing appeal for lack of appealable judgment)