Tag: jury instructions

Mississippi Court of Appeals Decisions of August 25, 2026

The Mississippi Court of Appeals handed down four opinions today. There are two direct criminal appeals, a legal malpractice case stemming from an underlying MTCA case, and a custody case.

Hunt v. State, 2025-KA-00303-COA (Criminal – Felony)
Affirming conviction of first-degree murder and armed robbery, holding at the circuit court did not commit reversible error in its Batson rulings, did not abuse its discretion in refusing a proposed jury instruction on accomplice testimony. The convictions were supported by sufficient evidence, and that the verdict was not against the overwhelming weight of the evidence.
(8-2-0: Weddle for the court; Westbrooks and McDonald concurred in part and in the result without writing)

Smith v. Breese, 2024-CA-01441-COA (Civil – Legal Malpractice)
Affirming summary judgment for the defendant in a legal malpractice lawsuit, holding that the trial court did not err in finding that the claims in the underlying lawsuit were time-barred before the defendant attorney was retained in that matter, that the trial court did not err by failing to consider other claims because the plaintiff did not come forward with any summary judgment evidence on any viable claim against the attorney, and that the issue of whether the court erred by requiring the production of alleged privileged documents was moot because the grant of summary judgment did not rely on those documents.
(9-1-0: Emfinger for the court; McCarty concurred in part and in the result without writing)

Clark v. Belk, 2025-CA-00049-COA (Civil – Custody)
Affirming the chancery court’s decision in a custody matter, holding that the chancery court did not err in its Albright analysis or abuse its discretion in granting physical custody of the eldest daughter to the father and of the youngest daughter to the mother.
(10-0: McCarty for the Court)

Bracey v. Montgomery County, 2025-CA-00369-COA (Civil – Torts)
Affirming in part and reversing in part the circuit court’s grant of a motion for judgment on the pleadings in an MTCA case, holding that the malicious prosecution claim was properly dismissed but that the plaintiff’s claims for false arrest/imprisonment were not barred by the statute of limitations and that sufficient facts supporting them had been alleged.
(10-0: Wilson for the Court)

Other Orders

  • Odom v. State, 2023-KA-01165-COA (denying motion for reconsideration)
  • Lavant v. State, 2024-KA-00953-CAA (denying rehearing)
  • Patriot Inspects, LLC v. McKenzie, 2024-CA-010000-CAA (denying rehearing)
  • Pierre v. State, 2024-KA-01372-CAA (denying rehearing)
  • Rem v. Robinson Property Group, LLC, 2025-CA-00043-COA (denying rehearing)
  • Small v. Mississippi Department of Corrections, 2025-CP-00654-COA (denying rehearing)
  • Winston v. State, 2025-CP-01405-COA (dismissing appeal as moot)
  • Gray v. State, 2025-TS-01449-COA (dismissing untimely motion for reconsideration)
  • Vlasak v. State, 2026-TS-00362-COA (dismissing appeal)
  • Pickens v. State, 2026-TS-00833-COA (allowing appeal to proceed)

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Double Issue: Mississippi Supreme Court Decisions of August 13 and August 20, 2026

The Mississippi Supreme Court has handed down seven decisions in the last two weeks. The offerings from August 13 are notable for two election contests with one reversal and Justice Wilson’s first vote in a decision. The marquee case from August 20 was the decision in Carly Gregg’s appeal. The convictions and sentences were upheld notwithstanding errors by the trial court.

August 20, 2026

Carroll Brothers, LLC v. Graham, 2025-CA-00667-SCT (Civil – State Boards and Agencies)
Affirming the chancery court’s grant of summary judgment in favor of the Department of Revenue, holding that the Department presented sufficient evidence to establish that it provided noticed by mailing assessments to the taxpayers and that the taxpayers failed to overcome the strong presumption that the notice statutes were constitutional.
(7-1: Ishee for the court; Coleman dissenting)

House v. State, 2025-KA-00721-SCT (Criminal – Felony)
Affirming conviction of manslaughter and aggravated assault, holding that there is sufficient evidence to support the aggravated assault conviction, that the trial court did not abuse its discretion limiting a defense witness’s testimony where the defendant failed to supplement discovery regarding additional facts from the witness, and that the trial court did not abuse its discretion granting and aiding and abetting jury instruction.
(8-0: Coleman for the court)

Gregg v. State, 2024-KA-01178-SCT (Criminal – Felony)
Affirming convictions of first degree murder, attempted murder, and tampering with evidence and a sentence to life imprisonment and ten years, holding that the trial court’s statement that it does not grant continuances was in friction with controlling precedent vote was not reversible error where no motion for continuance was filed, no adverse ruling, and no specific prejudice; that the improper ordering of a sanity mental evaluation did not merit reversal given lack of objection, later insanity notice, use of insanity at trial, and an absence of a specific showing of prejudice affecting the verdict; that the trial court erred in allowing a State’s witness to testify regarding the plot of the novel Crime and Punishment but that the error did not contribute to the verdict obtained beyond a reasonable doubt; that the cumulative effect of these errors did not require reversal; that the sentence to life imprisonment was legal; that the prosecutor’s statements during closing arguments did not require reversal; and that the sentence was not against the overwhelming weight of the evidence.
(7-1-0: Coleman for the court; Wilson concurred in result only without writing)

Merrimon v. State, 2025-KA-00579-SCT (Criminal – Felony)
Affirming conviction of receiving stolen property, holding that the judge did not err in granting a jury instruction on possession, that the evidence was sufficient to support the conviction, and that the verdict was not against the overwhelming weight of the evidence.
(8-0: Sullivan for the court)

Other Orders

  • Smith v Dennis Wright & Son Plumbing, 2025-CT-00046-SCT (denying cert)
  • Braxton v. State, 2025-CT-00051-SCT (dismissing cert petition)
  • Ashford v. Belcher, 2025-CA-00569-SCT (denying rehearing)

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August 13, 2026

Johnson v. Nichols, 2025-CP-00153-SCT (Civil – Contract)
Affirming the circuit court’s grant of summary judgment based on the statute of limitations, holding that the pro se appellant waived review of the summary judgment order by failing to identify any error in it, that the requested supplementation argument would not warrant reversal, and that the trial court did not commit any error on the merits.
(8-0: Coleman for the court)

Cathey v. Tanksley, 2025-EC-00724-SCT (Civil – Election Contest)
Reversing the circuit court’s decision in an election contest, holding that a special election was warranted because the breaking of a ballot box is sealed by the city clerk destroyed the sanctity of the election and opened the door for corruption and fraud whether there was actual fraud or not.
(7-0: Ishee for the court; Wilson did not participate)

In Re: Petition to Disqualify Adams: Littleton v Adams, 2026-EC-00618-SCT (Civil – Election Contest)
Affirming in part and vacating in part a circuit court’s judgment against the election commission in a residency challenge, holding that the election commission lacked jurisdiction to disqualify a candidate for county court judge.
(7-0: King for the court; Wilson not participating)

Other Orders

  • Banks v. State, 2024-CT-00881-SCT (denying cert)
  • Rush v. State, 2024-CT-00963-SCT (denying cert)
  • Williams v. Williams, 2025-IA-01525-SCT (denying motions for rehearing)
  • Chamberlin v. State, 2025-DR-01034-SCT (granting motion to dismiss third petition for PCR and dismissing petition for PCR)

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Mississippi Court of Appeals Decisions of August 18, 2026

The Mississippi Court of Appeals handed down eight opinions today on a wide range of areas of law. You can read a summary of each below.

Ramsey v. State, 2025-KA-00324-COA (Criminal – Felony)
Affirming conviction of kidnapping and contributing to the delinquency of a minor, holding that the trial court did not err in denying a request for proposed jury instruction on duress or in failing to sua sponte instruct the jury on the defense of necessity, that the ineffective assistance of counsel claim should be denied without prejudice to be raised on a PCR motion, that the cumulative error doctrine did not apply, and that the trial court did not commit plain error by failing to give a necessity instruction despite the lack of a request for such an instruction.
(9-1-0: Emfinger for the court; Wilson concurred in part and in the result without writing)

Powell v. Natchez Hospital Company, LLC, 2024-CA-01054-COA (Civil – Wrongful Death)
Affirming the circuit court’s grant of summary judgment in favor of the hospital and an intentional tort claim brought by the wrongful death beneficiaries of an employee of the hospital who contracted COVID and died from related complications, holding that the grant of summary judgment in favor of the Hospital was proper because the there was no evidence of tortious intentional conduct and therefore the claims were barred by the exclusivity provisions of the MWCA but that the dismissal should have been with prejudice.
(10-0: Westbrooks for the court)

Williams v. State, 2024-KA-01155-COA (Criminal-Felony)
Affirming conviction of first-degree murder, holding that the trial court did not err by refusing an injury instruction and the lesser included offense of heat-of-passion manslaughter.
(10-0: Wilson for the court)

Gatlin v. Hattiesburg Public School District, 2025-CP-00400-COA (Civil-Torts)
Affirming summary judgment in an MTCA claim against a school district for negligent supervision, holding that the evidence showed that the school district exercised ordinary care and took reasonable steps to minimize foreseeable risks.
(10-0: Carlton for the court)

Buskirk v. Hodge, 2024-CA-01208-COA (Civil – Custody)
Affirming the Chancellor’s ruling in a custody dispute, holding that the chancellor did not commit manifest error in granting the father’s motion for modification and awarding awarding joint legal custody and extended visitation.
(10-0: Barnes for the court)

Estate of Thompson: Thompson v. Bird, 2024-CA-01414-COA (Civil – Wills, Trusts & Estates)
Reversing the Chancellor’s order dismissing a petition to reopen an estate as time barred that was filed sixteen years after the estate was closed, holding that the heirs sufficiently pleaded that the right to contest the will had been fraudulently concealed so concealment fraud provision of section 91-7-23 applied and extended the statute of limitations.
(6-4: McDonald for the Court; Weddle dissented, joined by Barnes, Carlton, and Wilson)

Chatman v. State, 2025-KA-00170-COA (Criminal – Felony)
Affirming re-sentencing for two counts of gratification of lust on remand for retrial or re-sentencing, holding the circuit court did not err by failing to recuse herself or by sentencing the defendant to what he believed to be a harsher sentence for appealing his conviction.
(7-2-0: Weddle for the court; Westbrook specially concurred, joined by Lassitter St. Pe’; McDonald did not participate)

ABG Contractors, Inc. v. Graham, 2025-CA-00329-COA (Civil – State Boards and Agencies)
Reversing the chancery court’s grant of summary judgment in favor of the department of revenue, holding that the company had presented sufficient evidence in its claims appealing an audit assessment.
(7-1-2: Lawrence for the court; Wilson concurred in result only without writing; McDonald concurred in part and dissented in part without writing; McCarty dissented, joined in part by McDonald)

Other Orders

  • In the Interest of J.S.: Betsi S. v. the Mississippi Department of Child Protection Services, 2024-CP-01061-COA (denying rehearing)
  • Carter v. State, 2024-SA-01131-COA (denying rehearing)
  • Nettles v. Nettles, 2024-CA-01263-COA (denying rehearing)
  • Ashby v. State, 2025-CP-00076-COA (denying rehearing)

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Mississippi Court of Appeals, Decisions of August 11, 2026

The Mississippi Court of Appeals handed down five opinions today. We got a real property special exception case, a PCR case, a products liability case, a distribution of marital property case, and a direct criminal appeal.

City of Natchez v. Banks, 2025-CA-00408-COA (Civil – Real Property)
Affirming the Circuit Court’s decision reversing the Natchez Planning Commission, holding that the Commission acted outside its apparent authority by revoking a special exception.
(10-0: Emfinger for the court)

Robertson v. State, 2025-CP-00806-COA (Civil – PCR)
Affirming dismissal of a PCR motion seeking relief from partial revocation of suspended sentence, holding that the circuit court did not err in summarily dismissing the claim.
(10-0: Emfinger for the court)

McGilberry v. SVP Sewing Brands, LLC, 2025-CA-00904-COA (Civil – Other Torts)
Affirming the Circuit Court’s grant of summary judgment dismissing a product liability case, holding that the plaintiff did not come forward with evidence to prove causation.
(10-0: Emfinger for the court)

Practice Point – This is not something you want to read:

Winton v. Dean, 2024-CA-01326-COA (Civil – Domestic Relations)
Affirming the Chancellor’s property division decision, holding that the chancellor did not err in the methodology or calculation with respect to the application of COLA to one side’s PERS benefits.
(7-3-0: Westbrooks for the court; Carlton, Wilson, and Emfinger concurred in result only without writing)

Thompson v. State, 2024-KA-01296-COA (Criminal – Felony)
Affirming conviction of first degree murder, holding that the defendant’s rights under the Confrontation Clause were not violated because the statement at issue was made during an emergency and was non-testimonial in nature and that the trial court did not abuse its discretion in refusing a stand your ground jury instruction.
(7-2-1: Weddle for the court; Carlton, Wilson, and McDonald concurred in part and in the result without writing; Westbrooks concurred in part and dissented in part, joined by McDonald)

Other Orders

  • Stallworth v. State, 2026- TS-00431-COA (suspending the deadline to appeal)

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Mississippi Court of Appeals Decisions of August 4, 2026

(The title has been corrected. This is not a post from the future. We regret the error.)

The Mississippi Court of Appeals handed down five opinions today. There are two of direct criminal appeals, a real property case with a punitive damages issue, a PCR case, and an public employment termination case. That last one turned on procedural issues related to the appeal to chancery court.

(Photo from my morning in court in Lincoln County, Mississippi)

Griste v. State, 2024-KA-01423-COA (Criminal – Felony)
Affirming conviction of manslaughter, holding that the trial court did not err in denying a motion for directed verdict, that the trial court did not abuse its discretion in granting the state’s motion in limine to exclude evidence of other bad acts of the victim, and that the trial court did not abuse its discretion in instructing the jury.
(10-0: Emfinger for the Court)

Snowden v. State, 2025-CA-00064-COA (Civil – PCR)
Affirming the denial of a PCR motion, holding that it was barred by the statute of limitations and no statutory exceptions applied.
(10-0: Emfinger for the Court)

Richardson v. Jackson Public School District, 2025-CA-00695-COA (Civil – Other)
Reversing the chancery court’s decision upholding the school board’s decision to terminate employment, holding that remand was required because the record filed on appeal with the chancery court was not a complete record and therefore did not comply with the statutory requirements for a review in the Chancery Court.
(6-3-0: Lawrence for the court; Lassitter St. Pe’, specially concurred, joined by McCarty; Wilson and McCarty concurred and pardoned in the result without writing; McDonald did not participate)

Ocean Blue Land & Timber Co., LLC v. Marsolais, 2024-CA-00154-COA (Civil – Report Property)
Affirming in part and reversing in part the Chancellor’s ruling in a case alleging that real property was fraudulently obtained, affirming the Chancellor’s finding of a fraud but reversing the punitive damages award against the individual and rendering judgment on that issue.
(10-0: McDonald for the Court)

Collins v. State, 2024-KA-01333-COA (Criminal – Felony)
Affirming conviction of second degree murder, holding that the trial court did not err by denying a directed verdict of acquittal under the Weathersby rule because the rule did not apply and declining to address the ineffective assistance of counsel claims on direct appeal.
(6-1-3: Lassitter St. Pe’ for the Court; McDonald concurred in part and in the result without writing. Emfinger dissented, joined by Barnes and McCarty)

Other Orders

  • Taylor v. State, 2024-KA-00280-COA (denying rehearing)
  • Bridgman v. SBC Internet Services, Inc., 2024-WC-01199-COA (denying rehearing)
  • Vanaman v. American Pride Properties, LLC, 2024-CA-01434-COA (denying rehearing)
  • Ryland v Regions Bank, 2025-CP-00178-COA (denying rehearing)

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Mississippi Supreme Court Decisions of June 25, 2026

The Mississippi Supreme Court handed down two opinions today. Both are murder cases. Both are unanimous decisions. One affirms, one reverses.

The is also a new order amending M.R.C.P. 4 and 81 that is substituted for the order amending those rules that was entered earlier this month.

Gibson v. State, 2024-KA-00726-SCT (Criminal – Felony)
Reversing convictions of capital murder and armed robbery, holding that the trial court failed to conduct a proper speedy-trial hearing by taking judicial notice of a backlog in the medical examiner’s office without requiring the State to prove causation, that inadmissible hearsay was admitted, that the State misrepresented evidence during closing, and that the State used improper impeachment evidence as substantive evidence.
(7-0: King for the Court)

Wilson v. State, 2025-KA-00288-SCT (Criminal – Felony)
Affirming conviction of first degree murder, holding that the trial court did not abuse its discretion instructing the jury and that the verdict was supported by sufficient evidence.
(7-0: Coleman for the Court)

Other Orders

In Re: The Rules of Civil Procedure, 89-R-99001-SCT (withdrawing a previous order amended Rules 4 and 81 and substituting a new one)

Higdon v. Pinkston, 2023-CT-00685-SCT (denying cert)

Bumgardner v. State, 2024-CT-00090-SCT (denying cert)

Chavers v. State, 2024-CT-00551-SCT (denying cert)

Baird v. Baird, 2024-CT-00629-SCT (dismissing pro se Petition for Writ of Certiorari, Motion for Leave to File Substituted Petition for Certiorari, Motion to Proceed Pro Se and for Recognition as Counsel of Record, and Motion to Anonymize Record and Protect Identities of Minor Children are dismissed as untimely

Cummins v. State, 2024-CT-00909-SCT (granting cert)

ABL Management, Inc. v. Rowell, 2024-CT-01007-SCT (denying cert)

Simoneaux v. State, 2024-CT-01127-SCT (denying cert)

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Mississippi Supreme Court Decisions of April 23, 2026

The Mississippi Supreme Court handed down three opinions today. The headliner is a decision in Phil and Deborah Bryant’s lawsuit against Mississippi Today. There is also a first-degree murder case and a civil lack-of-prosecution case.

First Security Bank v. Richmond, 2025-IA-00012-SCT (Civil – Torts)
Reversing the chancery court’s decision to deny one defendant’s motion to dismiss for failure to prosecute and grant one for another defendant, holding it was an abuse of discretion for its disparate treatment of the defendants’ Rule 41(b) motions.
(7-0: Branning for the Court)

Johnson v. State, 2024-KA-01140-SCT (Criminal – Felony)
Affirming conviction of first-degree murder, holding that the trial court did not err instructing the jury, the trial court did not err in denying a motion to suppress evidence from a warrantless search because the inevitable-discovery doctrine applied, that the claim of error related to the introduction of body-camera video was procedurally barred, that the Court’s sustaining of an objection to defense counsel making biblical references during closing did not warrant reversal, and that the verdict was not against the overwhelming weight of the evidence.
(7-0: King for the Court)

Bryant v. Deep South Today, 2025-CA-00380-SCT (Civil – Torts)
Reversing the trial court’s grant of the defendants’ 12(b)(6) motion, holding that the plaintiffs sufficiently pleaded claims of defamation, false light, and loss of consortium and dismissing as moot the plaintiffs’ appeal of the denial of their motions for partial summary judgment.
(7-0: Coleman for the Court)

Other Orders

  • Cunningham v. State, 2023-CT-01213-SCT (denying cert)
  • Russell v. Booneville Police Department, 2024-CT-00757-SCT (dismissing pro se “petition for rehearing”)
  • In Re: Administrative Orders of the Supreme Court of Mississippi, 2026-AD-00001-SCT (directing the disbursement of $157,868.74 in civil legal assistance funds among the MS Center for Legal Services, MS Volunteer Lawyers Project, and North MS Rural Legal Services)
  • Mississippi Commission on Judicial Performance v. Thomas, 2026-JP-00402-SCT (ordering suspension with pay from all duties pending further and denying motion to seal the order)

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Mississippi Court of Appeals Decisions of April 21, 2026

The Mississippi Court of Appeals handed down six opinions today. There were two felony appeals, two domestic/custody decisions, and two PCR decisions.

Brents v. Holland, 2024-CA-01198-COA (Civil – Custody)
Affirming the chancellor’s decision in a custody matter, holding that the chancellor did not err in finding a material change in circumstances adversely affecting the children and that modification was in their best interest and that the chancellor did not err in not keeping siblings together where this issue was not raised until appeal, and that the chancellor did not err in ordering supervised visitation despite the GAL’s recommendation.
(10-0: McDonald for the Court)

Johnson v. State, 2025-KA-00549-COA (Criminal – Felony)
Affirming re-sentencing under Miller, holding that the circuit court did not err in sentencing the defendant to life without parole.
(9-0: McDonald for the Court; Emfinger did not participate)

Benamon v. State, 2024-KA-00501-COA (Criminal – Felony)
Affirming conviction of first-degree murder and possession of a firearm by a felon, holding that the trial court did not err in denying a motion to quash the venire after the defendant briefly appeared in the courtroom prior to voir dire in handcuffs and shackles or in refusing to instruct the jury on the lesser-included offense of heat-of-passion manslaughter.
(8-2-0: Wilson for the Court; Westbrooks and McDonald concur in part and in the result without writing)

Rudd v. State, 2025-CP-00618-COA (Civil – PCR)
Affirming the circuit court’s denial of a PCR motion attacking an order of revocation, holding that it was properly dismissed as an impermissible successive motion.
(9-0: Wilson for the Court; Emfinger did not participate)

Self v. Conley, 2024-SA-01079-COA (Civil – Domestic Relations)
Affirming the chancellor’s final order on child support and visitation, holding that the chancery court did not abuse its discretion in declining to find the father in contempt and imprison him and that the chancellor did not err in awarding visitation despite the father’s “unclean hands.”
(10-0: Barnes for the Court)

Castillo-Valencia v. State, 2025-CP-00348-COA (Civil – PCR)
Affirming denial of claims and dismissal of motion for PCR, holding that the motion was properly dismissed as successive, time barred, and without statutory exception.
(9-0: Barnes for the Court; Emfinger did not participate)

Other Orders

  • Williams v. State, 2024-KA-00257-COA (denying rehearing)
  • Price v. Hinds County School District, 2024-CA-00841-COA (denying rehearing)
  • Banks v. State, 2024-KA-00881-COA (denying rehearing)
  • Roberts v. State, 2024-CA-00988-COA (denying rehearing)
  • Wilson v. P.L. Marketing, Inc., 2025-WC-00158-COA (denying rehearing)

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Mississippi Court of Appeals Decisions of April 14, 2026

The Mississippi Court of Appeals handed down eight opinions yesterday. The Court reversed a capital murder conviction and also decided a will contest case, a custody case, three other felony appeals, a PCR case, and a divorce case.

Greene v. State, 2024-KA-00333-COA (Criminal – Felony)
Reversing conviction of one count of capital murder, holding that the trial court erred by failing to give the jury a cautionary instruction on accomplice testimony and remanded for a new trial.
(10-0: Weddle for the Court)

In the Matter of Estate of Williams: Williams v. Myles, 2024-CA-01114-COA (Civil – Wills, Trusts & Estates)
Affirming the chancellor’s decision in a will contest, holding that the chancellor did not err in finding that decedent lacked testamentary capacity when she executed her will and that the will was invalid because of undue influence.
(10-0: Weddle for the Court)

Singleton v. State, 2024-KA-01095-COA (Criminal – Felony)
Affirming conviction of second-degree murder, holding that the trial court did not abuse its discretion instructing the jury and that the verdict was not against the overwhelming weight of the evidence.
(9-1-0: Emfinger for the Court; Westbrooks concurred in result only without writing)

In the Interests of J.S.: Betsi S. v. Mississippi Dept. of Child Protective Services, 2024-CP-01061-COA (Civil – Custody)
Affirming the youth court’s permanency decision, holding that the mother was not deprived or due process, that recusal was not required, that the motion for ADA accommodation was abandoned, and that the mother was not entitled to damages.
(9-1-0: McCarty for the Court; Westbrooks concurred in result only without writing)

Practice Point – When writing a response or reply, do not talk past the arguments made by the other side:

Gardner v. State, 2025-KA-00298-COA (Criminal – Felony)
Affirming convictions of possession of a firearm by a felon, trafficking of fentanyl, and aggravated trafficking of meth, holding that the conviction of constructive possession of fentanyl was supported by sufficient evidence and that verdict was not against the overwhelming weight of the evidence.
(10-0: McCarty for the Court)

Stasher v. Stasher, 2024-CA-01302-COA (Civil – Domestic Relations)
Affirming the chancellor’s decisions in a divorce matter, holding that the chancellor did not manifestly or clearly err in granting divorce based on habitual cruel and inhuman treatment or in finding that the ex-husband had engaged in adultery during the marriage and that his claims about equitable distribution were without merit.
(10-0: Lawrence for the Court)

Jackson v. State, 2024-KA-01346-COA (Criminal – Felony)
Affirming conviction of two counts of touching a child for lustful purposes, holding that the circuit court did not err in the admission of hearsay testimony and that although it was an abuse of discretion to admit a written statement that error was harmless.
(8-2-0: McDonald for the Court; Wilson and Emfinger concurred in part and in the result without writing)

Leggett v. State, 2024-CP-01214-COA, consolidated with 2024-CP-01215-COA (Civil – PCR)
Affirming summary dismissal of two PCR motions.
(10-0: Wilson for the Court)

Other Orders

  • Clark v. State, 2023-KA-01116-COA (denying rehearing)
  • Fraser v. State, 2023-KA-01129-COA (denying rehearing)
  • Seals v. State, 2024-KM-00448-COA (denying rehearing)
  • ABL Management, Inc. v. Rowell, 2024-CA-01007-COA (denying rehearing)
  • Daengbunga v. State, 2024-KA-01122-COA (denying rehearing)
  • Simoneaux v. State, 2024-CP-01127-COA (denying rehearing)
  • Pedrego v. State, 2025-TS-01282-COA (denying pro se motion for reconsideration of dismissal of appeal)
  • Reeves v. State, 2026-TS-00201-COA (order allowing appeal to proceed as timely)

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Mississippi Supreme Court Decisions of March 12 and March 19, 2026

I am a bit behind because I was out of the office last week, and yesterday I had court in Neshoba County. The Mississippi Supreme Court handed down one opinion last week and six opinions this week. Last week’s opinion was an election context. Of the six this week, three were dismissals of appeals from youth court restitution orders, two were appeals of felony convictions (with one reversal) and the other was a real property case.

March 12, 2026

Randle v. Ivy, 2025-EC-00299-SCT (Civil – Election Contest)
Affirming the special judge’s decision in an election contest, holding that the issue was moot after the election and that there was substantial evidence to support the decision that the primary-election candidate did not meet the residency requirement.
(7-0: King for the Court)

Other Orders

  • Arbor Landing Homeowners’ Association, Inc. v. Rankin County Development Group, LLC, 2025-IA-01286-SCT (granting interlocutory appeal)

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March 19, 2026

In Re: Interest of L.L., A Minor, 2024-CA-00872-SCT (Civil – Juvenile Justice)
Dismissing appeal from a youth court restitution order, holding that the order was not a final, appealable order.
(6-1: Branning for the Court; King dissented without writing)

Gibson v. State, 2024-KA-01301-SCT (Criminal – Felony)
Reversing conviction of second degree murder, holding that the trial court abused its discretion in denying a jury instruction for excusable homicide.
(4-3: Sullivan for the Court; Randolph dissented, joined by Griffis and Branning)

In the Interest of R.H., a Minor, 2024-CA-00873-SCT (Civil – Juvenile Justice)
Dismissing an appeal of a restitution order from youth court, holding that it was not a final, appealable order.
(6-1: Griffis for the Court; King dissented without writing)

Hewitt v. TJM Properties, Inc., 2024-CA-01312-SCT (Civil – Real Property)
Affirming the chancellor’s dismissal of a claim for reimbursement and property-based claims by a developer who never acquired title to the subject property, holding that the chancellor did not err in finding that the plaintiff lacked a legally cognizable property interest.
(7-0: Ishee for the Court)

McDaniel v. State, 2025-KA-00202-SCT (Criminal – Felony)
Affirming conviction of second degree murder, holding that trial counsel was not ineffective for not requesting an accidental homicide instruction, that there was no abuse of discretion granting jury instruction on deliberate design, and that the conviction was not against the overwhelming weight of the evidence.
(7-0: Randolph for the Court)

In the Interest of D.G., a Minor, 2024-CA-00868-SCT (Civil – Juvenile Justice)
Dismissing an appeal of a youth court restitution order, holding that it was not a final, appealable order.
(6-1: Ishee for the Court; King dissented without writing)

Other Orders

  • Snyder v. Pilger, 2024-CT-00460-SCT (denying cert)
  • The Mississippi Bar v. Newcomb, 2025-BD-00835-SCT (suspending from the practice of law for two years retroactive to Aug. 22, 2022)
  • In Re: Administrative Orders of the Supreme Court of Mississippi, 2026-AD-00001-SCT (ordering (1) that the AOC shall be authorized to disclose to the Mississippi Commission on Judicial Performance information gathered in compliance with 2025 Extraordinary Session House Bill 38, Section 34, as well as any other information pertaining to youth courts that would reasonably lead to the investigation of judicial misconduct and (2) that the Commission shall not disseminate or otherwise disclose any information it receives from AOC pertaining to Youth Courts except as necessary to recommend discipline in accordance with the Rules of the Mississippi Commission on Judicial Performance)

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