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)
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)
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)
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)
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)
The Mississippi Supreme Court handed down one opinion on Thursday in a direct criminal appeal.
The bigger news from yesterday is that the NCAA filed a petition for interlocutory appeal in the Trinidad Chambliss case. Trinidad’s lawyers have two weeks to file a response and then we wait for the Supreme Court to decide whether to allow an appeal of the preliminary injunction. I wrote about this process in an earlier post.
Vance v. State, 2025-KA-00444-SCT (Criminal – Felony) Affirming conviction of first-degree murder, holding that trial counsel was not constitutionally ineffective by not objection to two jury instructions or for not requesting a manslaughter instruction other than culpable-negligence manslaughter, that the trial court did not err in sustaining an objection to the defendant’s question to a lay witness about whether she perceived the defendant was being abused at home, that the verdict was not against the overwhelming weight of the evidence and that the conviction was supported by sufficient evidence, and that the ineffective-assistance-of-counsel claim regarding a failed attempt to introduce security camera recording. (7-0: Sullivan for the Court)
Other Orders
Harris v. State, 2023-M-00195 (denying application for leave to file motion for PCR, finding it frivolous, and restricting the petitioner from filing further applications in forma pauperis)
Buck v. State, 2024-CT-00025-SCT (denying cert)
Ralston v. Ralston, 2025-TS-01096 (denying emergency motion to for stay of incarceration)
The Mississippi Court of Appeals handed down eight opinions today. The Court covered a lot of ground, including termination of parental rights, partition of real property, UM coverage, unemployment benefits, and direct criminal appeals.
James W. v. Jackson County Dept. of Miss. Dept. of Child Protective Services, 2024-CP-00420-COA (Civil – Custody) Affirming the youth court’s judgment terminating parental rights, holding that the youth court judge did not err in denying a motion to recuse, that the decision was based on clear and convincing evidence, and that the youth court did not abuse its discretion admitting evidence. (9-0: Weddle for the Court; Lawrence did not participate)
Breland v. State, 2024-KA-01022-COA (Criminal – Felony) Affirming conviction of first-degree murder and leaving the scene of an accident, holding that the conviction was supported by sufficient evidence and that there was no merit to the ineffective-assistance-of-counsel claim. (9-1-0: Weddle for the Court; Wesbtrooks concurred in result only without writing)
Parker v. United Services Automobile Association, 2024-CA-01419-COA (Civil – Insurance) Affirming judgment denying a motion for declaratory judgment regarding entitlement to uninsured motorist benefits, holding that the trial court did not err in finding that the plaintiff’s motorcycle going over an oily substance and crashing did not constitute “physical contact” under the policy. (9-1-0: Weddle for the Court; McDonald concurred in part and in the result without writing)
Willis v. State, 2024-KA-01203-COA (Criminal – Felony) Affirming convictions of three counts of possession of drugs and one count of trafficking, holding that the trial court did not abuse its discretion instructing the jury when the instructions were read as a whole or in denying a motion for new trial based on the doctrine of retroactive misjoinder, and holding that the verdict was not against the overwhelming weight of the evidence. (9-1-0: Lawrence for the Court; Westbrooks concurred in result only without writing)
Winn v. State, 2024-KA-01280-COA (Criminal – Felony) Affirming conviction of first-degree murder and conspiracy to commit murder, holding that the evidence was sufficient to support the conspiracy charge and that there was no merit to the claim that trial counsel was ineffective. (8-2-0: McDonald for the Court; Wilson concurred in part and in the result without writing; Lawrence concurred in result only without writing)
Dupree v. Mississippi Department of Employment Security, 2025-CC-00144-COA (Civil – State Boards & Agencies) Reversing the circuit court’s decision affirming an MDES decision denying unemployment benefits after the petitioner was terminated for testing positive for THC, holding that there was not sufficient evidence that the petitioner violated the City’s drug policy. (6-1-3: Westbrooks for the Court; Emfinger concurred in result only without writing; Carlton dissented, joined by Barnes, and Lassitter St. Pe’)
Sloke v. Pierce, 2025-CA-00121-COA (Civil – Real Property) Reversing the chancellor’s partition decision, holding that since the parties agreed that the final judgment erroneously attached an improper property description. (10-0: Wilson for the Court)
Oates v. State, 2024-KA-00267-COA (Criminal – Felony) Affirming conviction of capital murder, holding that the State produced sufficient evidnece of the defendant’s sanity at the time of the murder, that the verdict was not against the overwhelming weight of the evidence, and that the trial court did not abuse its discretion in admitting a gruesome autopsy photo. (6-4: Weddle for the Court; Lassitter St. Pe’ concurred in part and dissented in part, joined by Westbrooks and McCarty and joined in part my McDonald; Westbrooks and McDonald dissented without writing)
Other Orders
Bumgardner v. State, 2024-KA-00090-COA (denying rehearing)
Ward v. State, 2024-KA-00341-COA (denying rehearing)
Carroll v. State, 2024-KA-00481-COA (denying rehearing)
Fields v. State, 2024-KA-00807-COA (denying rehearing)
The Mississippi Court of Appeals handed down ten opinions yesterday. There is subject-matter variety, including a decision in the controversial case of the educator who was terminated for reading a certain book to second graders.
Daengbunga v. State, 2024-KA-01122-COA (Criminal – Felony) Affirming convictions of murder and tampering with evidence, holding that the trial court did not err in finding no Miranda violation and denying a motion to suppress statements and that the trial court did not abuse its discretion admitting evidence of prior bad acts. (9-1-0: Lassitter St. Pe’ for the Court; Westbrooks concurred in part and in the result without writing)
Wright v. Brisco, 2025-CP-00258-COA (Civil – Contract) Affirming the chancery court’s decision where the appellant filed a brief with no citations to the record or case law except for two cases that were referenced by name only with no reporter citation and the appellee did not file a brief. (10-0: Lassitter St. Pe’ for the Court)
Note – This is the Court’s conclusion:
Wilson v. P.L. Marketing, Inc., 2025-WC-00158-COA (Civil – Workers’ Comp) Affirming the Commission’s order affirming an order denying a motion to reopen that was filed more than a year after the claim was dismissed for the claimant’s failure to appear at a hearing on the merits. (10-0: McCarty for the Court)
Price v. Hinds County School District, 2024-CA-00841-COA (Civil – States, Boards & Agencies) Reversing the chancery court’s decision that had affirmed the School Board’s decision to terminate an assistant principal, holding that the decision to terminate the assistant principal for reading “I Need a New Butt!” to a second-grade class. (9-1-0: Lawrence for the Court; Emfinger concurred in result only without writing)
Williams v. Williams, 2024-CA-00718-COA (Civil – Domestic Relations) Affirming in part and reversing in part a chancellor’s judgment of divorce and contempt, holding that the ex-husband waived the issue of denying a motion to amend to add a ground after previously voluntarily-dismissing that ground, that the chancellor erred in classifying marital asserts and debt, that the chancellor erred in only awarding half a mortgage arrearage on a finding of contempt, that the chancellor erred in not awarding the full deficiency on a vehicle, and that the chancellor did not err in finding that the sale of the parties’ boat did not violate a court order or dissipate a marital asset. (7-3-0: McDonald for the Court; Wilson and Emfinger concurred in part and in the result without writing; Weddle concurred in the result only without writing)
Dodson v. State, 2024-KA-00424-COA (Criminal – Felony) Affirming conviction of attempted murder and conspiracy to commit auto theft, holding that the trial court did not err by refusing to give a jury instruction on aggravate assault as a lesser-included offense of attempted murder. (10-0: Wilson for the Court)
City of Clinton v. Johnston, 2023-CA-01105-COA (Civil – PCR) Dismissing the City’s appeal of the circuit court’s decision granting a motion for PCR, holding that the City lacked standing where it was not a party to the proceedings below and failed to intervene. (10-0: Carlton for the Court)’
Brown v. Mississippi Real Estate Commission, 2024-CC-01207-COA (Civil – State Boards & Agencies) Affirming the Commission’s decision to not renew a real estate license, holding that the decision based on untruthful and fraudulent representations to the Commission and felony conviction was supported by substantial evidence and was not arbitrary or capricious. (8-2-0: Carlton for the Court; Wilson and McDonald concurred in part and in the result without writing)
Jones v. State, 2024-KA-01426-COA (Criminal – Felony) Affirming conviction of possession of a firearm by a felon, holding that based on counsel’s Lindsey brief, the defendant’s pro se brief, and the Court’s review of the record that there was no error. (10-0: Carlton for the Court)
Banks v. State, 2024-KA-00881-COA (Criminal – Felony) Affirming conviction of manslaughter with a firearm enhancement, holding that the verdict was not against the overwhelming weight of the evidence. (6-1-3: McCarty for the Court; Wilson concurred in part and in the result without writing; McDonald dissented without writing; Westbrooks dissented, joined by McDonald and joined in part by Carlton)
Other Orders
Goodloe v. State, 2023-KA-00960-COA (denying rehearing)
Lovelace v. Board of Trustees, 2023-CA-01341-COA (denying rehearing)
Cameron v. Miller, 2023-CA-01388-COA (denying rehearing)
As the year draws the a close, the Mississippi Court of Appeals is finishing strong with seven opinions handed down today. There were three domestic relations cases, two felony appeals, one misdemeanor appeal, and an undue influence case.
Rasbeery v. State, 2024-KA-01005-COA (Criminal – Felony) Affirming conviction of possession of meth with a firearm enhancement, holding that the conviction of constructive possession was supported by sufficient evidence, that the verdict was not against the overwhelming weight of the evidence, and that the trial court did not err in denying a motion suppress the defendant’s roadside statements. (10-0: McCarty for the Court)
Lucas v. Estate of Lucas, 2024-CA-01259-COA (Civil – Wills, Trusts & Estates) Affirming the chancellor’s decision invalidating a gift and setting aside a deed, holding that the grantee did not provide sufficient evidence overcome the presumption of undue influence. (10-0: McCarty for the Court)
J.T.S. v. M.L.S., 2024-CA-00023-COA (Civil – Domestic Relations) Affirming in part and reversing in part a chancellor’s decision in a divorce case, holding that the Court had appellate jurisdiction, that the chancery court did not in dismissing several counts of the amended complaint, that the chancellor did err in modifying the life insurance provision of the divorce agreement, that the chancellor did not err in enforcing a provision limiting reimbursement of medical expenses, that the chancellor did not err in assessing post-judgment interest, that the chancellor did not err in finding that one party had no obligation to contribute to condo or allowance expenses, that the chancery court did not abuse its discretion in crediting payments as child support, that the chancellor did err in awarding attorney’s fees without specific findings, and that there was no merit to the claim that the chancellor was impartial. (7-1-0: McDonald for the Court; Wilson concurred in part and in the result without writing; Lawrence and St. Pe’ did not participate)
Turner v. State, 2024-KM-01020-COA, consolidated with 2024-KM-01028-COA (Criminal – Misdemeanor) Affirming convictions of speeding and careless driving on appeal from justice court, holding that the evidence was sufficient to support the conviction which was not against the overwhelming weight of the evidence and that the trial court did not impermissibly place the burden of proof on the defendant. (10-0: McDonald for the Court)
Odom v. State, 2023-KA-01165-COA (Criminal – Felony) Affirming conviction of first-degree murder and armed robbery, holding that the jury was not so improperly instructed on self-defense as to warrant reversal and that the evidence was sufficient to support his conviction. (9-1-0: Wilson for the Court; Barnes concurred in part and in the result without writing)
Bradshaw v. Bradshaw, 2024-CA-00882-COA (Civil – Domestic Relations) Affirming judgment of contempt, holding that the chancellor did not err in finding the ex-husband in willful contempt for failing to pay court-ordered alimony or in reducing his monthly periodic alimony payment. (10-0: Barnes for the Court)
Thornton v. Thornton, 2024-CA-00320-COA (Civil – Domestic Relations) Affirming the chancellor’s judgment in a divorce case, holding that the chancery court did not abuse its discretion awarding joint legal and physical custody, that the chancellor did not err in distribution of marital property or in personal property. (7-1-2: Barnes for the Court; Wilson concurred in part and in the result without writing; Carlton concurred in part and dissented in part, joined by McCarty)
Other Orders
Parra v. Rapid-American Corporation, 2023-CA-01196-COA (denying rehearing)
Buck v. State, 2024-KA-00025-COA (denying rehearing)
Tauzin v. Tauzin, 2024-CA-00141-COA (denying rehearing)
The Mississippi Court of Appeals handed down seven opinions on Tuesday. Four are criminal appeals. The three civil cases involve child visitation modification, a 12(b)(6) motion, and a motion to compel arbitration.
Holifield v. State, 2023-KA-01320-COA (Criminal – Felony) Affirming conviction of first-degree murder, holding that the trial court did not err in refusing the defendant’s heat-of-passion manslaughter instruction, that the conviction was supported by sufficient evidence, and that the verdict was not against the overwhelming weight of the evidence, and also declining to address the ineffective-assistance-of-appellate-counsel claim on direct appeal. (8-2-0: Lassitter St. Pe’ for the Court; Wilson concurred in part and in the result without writing’ Westbrooks concurred in the result only without writing)
Rodgers v. State, 2024-KA-01116-COA (Criminal – Felony) Affirming conviction of possession of a firearm by a felon, holding that there was sufficient evidence that he possessed a firearm on the date alleged in the indictment. (9-0: Lassitter St. Pe’ for the Court)
Cosby v. State, 2024-KA-00518-COA, consolidated with Cosby v. State, 2024-KA-00522-COA (Criminal – Felony) Affirming two defendants’ convictions of sexual battery of a minor, holding that the trial court did not err by denying their motion for directed verdict or in denying their JNOV, that there was sufficient evidence to support the conviction, that the trial court did not err in failing to conduct a pretrial hearing on a tender-years issue, that the trial court did not err in limiting cross-examination of witnesses, and that the plaintiff’s ineffective-assistance-of-counsel claim lacked merit. (10-0: Weddle for the Court)
Kirkland v. Kirkland, 2024-CA-00801-COA (Civil – Domestic Relations) Affirming the chancellor’s ruling on a visitation modification petition, holding that the chancellor did not abuse her discretion, commit clear error, or manifest error in denying the mother’s petition to modify visitation or in granting the father’s counterclaim for additional visitation. (10-0: Weddle for the Court)
Martin v. Smith, 2024-CA-01027-COA (Civil – Torts) Affirming the trial court’s decision granting the defendant’s 12(b)(6) motion, holding that the plaintiff failed to sufficiently state claims for defamation, slander, malicious interference with employment, or intentional infliction of emotional distress under Mississippi’s pleading standard. (7-2-1: Weddle for the Court; Wilson and McDonald concurred in part and in the result without separate written opinion; Barnes dissented without writing)
Jenkins v. Ford Motor Company, 2024-CA-00994-COA (Civil – Contract) Reversing the trial court’s decision granting a motion to compel arbitration, holding that although the defendant asserted arbitration in its answer waiting nearly one year before filing a motion to compel arbitration while engaging in the litigation process constituted failure to pursue it. (6-4: Lawrence for the Court; Emfinger dissented, joined by Barnes, Wilson, and Lassitter St. Pe’)
Practice Point – Arbitration agreements have made a strong showing on here lately. Beware of recycled briefing on arbitration-related issues.
Butler v. State, 2024-KA-00821-COA (Criminal – Felony) Affirming conviction of first-degree murder, holding that the trial court did not err in denying the defendant’s imperfect self-defense instruction where the trial court also granted the defendant’s self-defense instruction. (10-0: Westbrooks for the Court)
Other Orders
Green v. Presbyterian Day School, 2023-CA-01278-COA (denying rehearing)
Luster v. State, 2024-CA-00014-COA (denying rehearing)
Brownlee v. State, 2024-CA-00585-COA (denying rehearing)
Teel v. Boyd Biloxi, LLC, 2024-CP-00810-COA (denying rehearing)
The Mississippi Court of Appeals served a seasonally-appropriate portion of twelve opinions on Tuesday with nine other orders on the side. You can read about the lot below.
Cummings v. State, 2024-KA-00909-COA (Criminal – Felony) Affirming conviction of two counts of first-degree murder, holding that the conviction was supported by sufficient evidence, the verdict was not against the overwhelming weight of the evidence, the trial court did not abuse its discretion in the jury instructions given, the trial court did did not abuse its discretion in allowing evidence of other bad acts, the ineffective-assistance-of-counsel claim was without merit, and that the cumulative error doctrine did not apply. (7-3: Weddle for the Court; Wilson dissented, joined by Westbrooks and McDonald)
In the Interest of K.B.: A.B.B. v. E.B.S., 2024-CA-00313-COA (Civil – Custody) Affirming the youth court’s decision terminating parental rights, holding that the natural mother exercised all of the rights that she complained on appeal that the trial court failed to give her including her right to court-appointed counsel. (8-2-0: Emfinger for the Court; Westbrooks and McCarty concurred in part and in the result without writing)
Bivins v. Ellisville State School, 2024-SA-01098-COA (Civil – State Boards & Agencies) Affirming the circuit court’s decision affirming the Mississippi Employee Appeals Board’s decision affirming an employee’s termination, holding that the former employee failed to show that the order was not supported by substantial evidence or was arbitrary and capricious. (10-0: McCarty for the Court)
Dortch v. State, 2024-KA-01102-COA (Criminal – Felony) Affirming conviction of capital murder while engaged in the commission of a robbery after reviewing counsel’s Lindsey brief and independently reviewing the record. (10-0: McCarty for the Court)
Latham v. State, 2024-KA-00719-COA (Criminal – Felony) Affirming conviction of sexual battery after reviewing counsel’s Lindsey brief and independently reviewing the record. (10-0: Lawrence for the Court)
Day v. Day, 2024-CA-00771-COA (Civil – Custody) Affirming the chancery court’s custody modification order, holding that there was evidence to support the chancellor’s finding of a material change in circumstances and awarding the mother custody and visitation rights for the father. (9-0: Lawrence for the Court; Weddle did not participate)
Higdon v. Pinkston, 2023-CP-00685-COA (Civil – Real Property) Affirming the chancellor’s grant of summary judgment in a property-line dispute, holding that the chancellor’s decision where the motion for summary judgment was not opposed by a response or evidence at the hearing. (10-0: Carlton for the Court)
McLaurin v. State, 2024-KA-00138-COA (Criminal – Felony) Affirming conviction of possession of meth but reversing sentence as a nonviolent habitual offender, holding that the conviction was supported by sufficient evidence and the verdict was not against the overwhelming weight of the evidence, that there was no plain error in admission of hearsay testimony from an officer, that the ineffective-assistance-of-counsel claim lacked merit, that the trial court properly excluded proposed hearsay testimony, that the trial court did not err in qualifying the jury venire in the defendant’s absence, that the spousal privilege did not apply to certain testimony, and that matters not raised in the trial court were procedurally barred, but holding that the trial court erred in finding that it lacked sentencing discretion. (6-4-0: Carlton for the Court; Wilson, McDonald, Emfinger, and Weddle concurred in part and in the result without writing)
Bodie v. State, 2024-KA-00634-COA (Criminal – Felony) Affirming conviction of two counts of sexual battery and one count of touching a child for lustful purposes, holding that the defendant’s rights under the Double Jeopardy Clause were not violated. (10-0: Carlton for the Court)
CNRS&Z Inc. v. Bridgecrest Acceptance Corporation, 2024-CA-00365-COA (Civil – Contracts) Affirming the trial court’s decision granting a motion to compel arbitration, holding that the trial court did not err in finding a valid and binding arbitration agreement with one of the defendants and that the “close legal relationship” between that defendant and two others allowed them to enforce the arbitration agreement as well. (5-5: Barnes for the Court; McCarty concurred in part and dissented in part, joined by Westbrooks, McDonald, Lawrence, and Lassitter St. Pe’)
Note – The dissent agreed that the claims against the defendant who signed the arbitration agreement were bound to arbitration, but took issue with binding the claims against the other two defendants:
Estate of Price v. St. Dominic-Jackson Memorial Hospital, 2024-CA-00582-COA (Civil – Med Mal) Affirming the circuit court’s dismissal of a med mal action finding that it was barred by the statute of limitations and that it was an impermissible duplicative action, holding that the plaintiff waived any challenge to the dismissal as an impermissible duplicative action by failing to address it on appeal and that it was therefore unnecessary for the Court to address the statute of limitations issue. (6-2-0: Wilson for the Court; McDonald concurred in result only without writing; Lassitter St. Pe’ specially concurred, joined by Westbrooks; Barnes and Weddle did not participate.)
Avery v. State, 2024-CP-01044-COA (Civil – PCR) Reversing summary dismissal of a PCR motion, holding that the motion was sufficient to survive summary dismissal and required the State to answer to motion and provide an explanation for its calculate of the parole eligibility date. (8-2: Wilson for the Court; Lawrence dissented, joined by Weddle)
Other Orders
In the Interest of J.S.: P.S. v. Pearl River County Dept. of CPS, 2023-CA-00932-COA (denying rehearing)
Swims v. State, 2023-KA-01244-COA (denying rehearing)
Jackson v. State, 2023-KA-01280-COA (denying rehearing)
Hinds v. PERS, 2023-SA-01400-COA (denying rehearing)
Patterson v. State, 2024-KA-00268-COA (denying rehearing)
Brown v. State, 2024-CA-00307-COA (denying hearing)
Varnado v. State, 2024-KA-00338-COA (denying rehearing)
Polk v. State, 2024-KA-00591-COA (denying rehearing)
Wright v. State, 2025-TS-00986-COA (dismissing appeal as untimely)
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