Mississippi Supreme Court Decisions of February 16, 2023

The Mississippi Supreme Court handed down one opinion today, along with several orders including the suspension of a municipal court judge for abuse of power.


Garcia v. State, 2020-DR-01224-SCT (Civil – PCR)
Affirming denial of PCR motion, holding that even under heightened scrutiny due in capital cases the plaintiff did not present a substantial showing that he was denied the right to effective assistance of counsel for not pursuing and presenting fetal alcohol syndrome disorder as a mitigating factor, for not presenting and explaining all mitigating evidence, or for not developing and presenting evidence that the defendant was under the substantial domination of another person.
(6-3-0: Kitchens concurred in part and in the result, joined by King and Ishee and joined in part by Coleman)


Other Orders

Cooper v. State, 2018-M-01124 (denying PCR motion)

Gilmer v. McRae, 2021-CA-00028-SCT (granting appellees’ motion for fees and costs)

Mississippi Commission on Judicial Performance v. Municipal Court Judge Carlos E. Moore, 2022-JP-00504-SCT (suspending respondent from office without pay for sixty days from his position as municipal judge for both Grenada and Clarksdale, ordering public reprimand in each county, and ordering a $1,500 fine)

Yates Services, LLC v. Hill, 2022-M-00879-SCT (denying petition for interlocutory appeal)

Hawkins v. State, 2022-M-01131 (denying application for leave to proceed in trial court, finding the application frivolous, and warning against future frivolous filings)


Hand Down List