Tag: jury instructions

Mississippi Court of Appeals Decisions of August 12, 2025

The Mississippi Court of Appeals handed down four opinions today. The Court also unleashed fourteen other orders, most of which are rehearing denials.

Parra v. Rapid-American Corporation, 2023-CA-01196-COA (Civil – Personal Injury)
Affirming dismissal of a sixteen-year-old asbestos case for lack of prosecution, holding that the trial court did not abuse its discretion where there was a nine-year period of delay.
(10-0: McCarty for the Court)

Taylor v. State, 2023-KA-01201-COA (Criminal – Felony)
Affirming conviction of one count of trafficking methamphetamine, holding that the trial court did not err in denying a motion to suppress evidence derived from a search that the defendant contended was defective.
(9-1-0: Lawrence for the Court; Westbrooks concurred in the result only without writing)

Tauzin v. Tauzin, 2024-CA-00141-COA (Civil – Domestic Relations)
Reversing the chancellor’s order in a divorce case, holding that the chancellor did not err in interpreting or applying the parties’ antenuptial agreement, but that the chancellor did err in classification of marital property and by making insufficient findings of fact and conclusions of law regarding the Ferguson factors.
(8-0: Wilson for the Court; Carlton and Lassitter St. Pe’ did not participate)

Montoya v. State, 2023-KA-01324-COA (Criminal – Felony)
Affirming conviction of three counts of touching a child for lustful purposes, holding that the trial court did not err in giving an instruction that the defendant argued was an improper comment on the evidence and that the defendant’s trial counsel was not ineffective.
(10-0: Barnes for the Court)

Other Orders

  • Childs v. State, 2023-CA-00126-COA (denying rehearing)
  • Foote v. Memorial Hospital at Gulfport, 2023-CA-00504-COA (denying rehearing)
  • Thomas v. State, 2023-KA-00512-COA (denying rehearing)
  • Davis v. State, 2023-KA-00811-COA (denying rehearing)
  • McHard, McHard, Anderson & Associates, PLLC v. Robertson, 29230CA-00913-COA (granting appellees’ motion for appellate attorney’s fees and expenses)
  • Lee v. Doolittle, 2023-CA-00969-COA (denying rehearing)
  • McNaughton v. State, 2023-KA-01099-COA (denying rehearing)
  • Ruffin v. State, 2024-CA-00867-COA (denying the State’s motion to strike untimely motion for rehearing)
  • Pittman v. State, 2024-TS-00983-COA (granting motion for out-of-time appeal)
  • Cohen v. Trustmark National Bank, 2024-CP-01317-COA (dismissing appeal for lack of appealable judgment)
  • Black v. State, 2025-KM-00042-COA (denying motion to set aside dismissal of appeal)
  • Moore v. State, 2025-TS-00550-COA (allowing appeal to proceed on its merits)
  • Gales v. State, 2025-TS-00633-COA (granting pro se motion to proceed out of time)
  • Robinson v. State, 2025-TS-00700-COA (dismissing appeal for lack of appealable judgment)

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Double Issue: Mississippi Court of Appeals Decisions of July 29, 2025 and August 5, 2025

The Mississippi Court of Appeals handed down six opinions last week and nine opinions today. With fifteen total opinions, there is something for everybody. Among the summaries below is a lawsuit filed on behalf of a minor who did not make his school’s baseball team.

July 29, 2025

Soto v. Mississippi Export Railroad Company, 2024-CA-00638-COA consolidated with Loveless v. Mississippi Export Railroad Company, 2024-CA-00639-COA (Civil – Personal Injury)
Affirming summary judgment in favor of the railroad in a car wreck case, holding that the railroad had no statutory or contractual duty to maintain traffic control devices while the road crossing the railroad was in the midst of an resurfacing project.
(9-1-0: St. Pe’ for the Court; McDonald dissented without writing)

James v. Memorial Hospital at Gulfport, 2024-CA-00459-COA (Civil – Med Mal)
Reversing summary judgment in a med mal case, holding that the plaintiffs’ response to the motion for summary judgment provided sufficient summary judgment proof including expert opinions and that the issue of whether a settled-defendant’s negligence was a superseding intervening act.
(10-0: Emfinger for the Court)

Strickland v. State, 2024-CP-00851-COA (Civil – PCR)
Reversing denial of PCR motion, holding that the indictment was void and remanding to set aside the guilty plea and for further consistent action.
(8-1-0: Lawrence for the Court; Carlton concurred in result only without writing; Emfinger did not participate)

Luster v. State, 2024-CA-00014-COA (Civil – PCR)
Affirming denial of PCR motion, holding that the trial court did not clearly earr in determining that proffered testimony was not newly discovered evidence.
(9-1-0: Westbrooks for the Court; McCarty concurred in part and in the result without writing)

West v. Gulf Relay, LLC, 2024-WC-00816-COA (Civil – Workers’ Comp)
Affirming the MWCC’s order, holding that substantial evidence supported the Commission’s finding that the claimant sustained an 80% industrial loss of use of his left upper extremity but apportioning that loss of use by 95%.
(9-1-: Carlton for the Court; McDonald concurred in part and in the result without writing)

Ramsey v. State, 2023-CP-00440-COA (Civil – PCR)
Affirming denial of PCR motion, holding that the trial court did not err in finding no merit to arguments that the guilty plea was involuntary and that counsel was ineffective.
(9-0: Barnes for the Court; St. Pe’ did not participate)

Other Orders

  • Jones v. State, 2022-KA-01124-COA (denying rehearing)
  • Ramsey v. State, 2023-CP-00440-COA (denying rehearing, substituting opinion)
  • 1st Step Sober Living LLC v. Cleveland, 2023-CA-00665-COA (denying rehearing)
  • Harris v. Casino Vicksburg, LLC, 2023-CA-00959-COA (denying rehearing)
  • Brooks v. State, 2023-KA-01081-COA (denying rehearing)
  • Jordan v. State, 2023-KA-01222-COA (denying rehearing)

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August 5, 2025

Polk v. State, 2024-KA-00591-COA (Criminal – Felony)
Affirming conviction of two counts of sexual battery of a minor under fourteen, holding that the trial court did not abuse its discretion in sustaining a relevancy objection during cross-exam of the victim or in sustaining objections to questions about the victim’s character trait for truthfulness, and that the trial court did not commit plain error violating the Confrontation Clause.
(8-2-0: Weddle for the Court; Barnes and Westbrooks concurred in part and in the judgment without writing)

In the Matter of the Conservatorship of Bennett: Bennett v. Bennett, 2023-CA-01385-COA (Civil – Other)
Affirming the chancery court’s finding of criminal contempt for violation of of order prohibiting appellant from visiting his mother in an elder-care facility and distributing mass mailings about his mother and her court proceedings, holding that the finding of contempt did not violate his rights to due process, free speech, or counsel.
(8-1-0: McDonald for the Court; Wilson concurred in part and in the result without writing; Weddle did not participate)

Green v. Presbyterian Christian School, Inc., 2023-CA-01278-COA (Civil – Torts)
Affirming motion to dismiss, holding that the parents who sued a school over their son not making the baseball team failed to state a claim under Rule 12(b)(6).
(7-2-1: Westbrooks for the Court; Wilson concurred in part and in the result without writing; Emfinger concurred in result only without writing; McCarty concurred in part and dissented in part without writing)

Johnson v. South Central Regional Medical Center, 2023-CA-00623-COA (Civil – Med Mal)
Affirming summary judgment dismissing a med mal case for failure to designate an expert witness, holding that the trial court did not err in granting the motion that was filed three years after the complaint was filed or in denying the plaintiff’s Rule 56(f) motion.
(10-0: Wilson for the Court)

Moyer v. Blades, 2023-CA-01180-COA (Civil – Personal Injury)
Affirming dismissal for failure to prosecute, holding that the trial court did not abuse its discretion in dismissing the lawsuit with prejudice under Rule 37 after the plaintiffs failed to respond to discovery for over a year and then failed to comply with a court order compelling them to respond.
(6-3-0: Wilson for the Court; McDonald and McCarty concurred in part and in the result without writing; Westbrooks concurred in result only without writing; Barnes did not participate)

Practice Point – I though this footnote was interesting from a civil defendant’s standpoint:

Goodloe v. State, 2023-KA-00960-COA (Criminal – Felony)
Affirming convictions of two counts of sexual batter and one count of fondling and sentencing as violent habitual offender, holding that allowing an expert to testify about the victims’ truthfulness was harmless error because the evidence of guilt sufficiently outweighed any harm caused by the admission and that the defendant did not receive ineffective assistance of counsel for failing to give an opening statement.
(7-2-0: Westbrooks and McDonald concurred in part and in the result without writing; Weddle did not participate)

Swims v. State, 2023-KA-01244-COA (Criminal – Felony)
Affirming conviction of second degree murder and possession of a firearm by a felon, holding that the trial court did not err in refusing the instruct the jury on the Weathersby rule, that the trial court did not abuse its discretion in allowing lay testimony about blood on the ground, and that though the trial court abused its discretion in admitting an autopsy report and in allowing testimony that simply repeated the autopsy report those errors were cumulative of admissible evidence and harmless.
(8-2: Wilson for the Court; Westbrooks concurred in part and dissented in part without writing; McDonald concurred in part and dissented in part, joined by McCarty in part)

Knox v. Alford, 2024-CA-00442-COA (Civil – Other)
Affirming the trial court’s order denying a Rule 60(b) motion to alter a judgment of a dismissal for want of prosecution, holding that the trial court did not err in finding that neither the plaintiff’s motion to leave his case on the docket filed in response to the clerk’s Rule 41 notice nor his request for a trial setting was a sufficient “action of record.”
(7-3: Barnes for the Court; Lawrence concurred in part and dissented in part, joined by Westbrooks and McDonald and joined in part by McCarty)

Brownlee v. State, 2024-CA-00585-COA (Civil – State Boards & Agencies)
Reversing and rendering the circuit court’s decision affirming MDOC’s denial of an ARP request for a parole-eligibility date, holding that MDOC lacked authority to disregard the sentencing court’s judgment and sentence even though the sentence was contrary to statute.
(6-1-3: Wilson for the Court; McDonald concurred in part and in the result without writing; Emfinger dissented, joined by Lawrence and Weddle)

Other Orders

  • Phinizee v. State, 2023-KA-01090-COA (denying rehearing)
  • Caffey v. Forrest Health, 2023-CA-01232-COA (denying rehearing)

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Mississippi Court of Appeals Decisions of July 22, 2025

The Mississippi Court of Appeals handed down ten opinions today. These opinions cover personal injury, felonies, unauthorized practice of law, appellate jurisdiction, contract, and more. You can read my summaries below.

Varnado v. State, 2024-KA-00338-COA (Criminal – Felony)
Affirming conviction of seven counts of sexual battery, holding that the trial court did not abuse its discretion in admitting testimony under the Tender Years Exception, that the trial court did not abuse its discretion by allowing the State to ask a victim leading questions on direct, and that the trial court did not err in denying the defendant’s motion for new trial or JNOV challenging the sufficiency and weight of the evidence.
(10-0: St. Pe’ for the Court)

Singh v. Singh, 2024-CA-00646-COA (Civil – Contract)
Affirming the circuit court’s reversal of the county court in a garnishment dispute, holding that the county court’s decision granting a stay of garnishment was not supported by the evidence.
(9-0: St. Pe’ for the Court; Westbrooks did not participate)

Owens v. Boyd Biloxi LLC, 2024-CA-00330-COA (Civil – Personal Injury)
Affirming the circuit court’s grant of summary judgment for the defendant in a slip-and-fall case, holding that the plaintiff failed to come forward with evidence that the defendant had actual or constructive knowledge of water’s presence on the floor.
(10-0: Weddle for the Court)

Brown v. State, 2024-CA-00307-COA (Civil – PCR)
Affirming dismissal of a PCR motion, holding that the trial court did not err in finding that the petition seeking permission to file an appeal nearly 15 years after conviction was time-barred and not subject to exceptions.
(9-0: McCarty for the Court; Weddle did not participate)

Quilantan v. State, 2024-CP-00357-COA (Civil – PCR)
Affirming denial of PCR motion, holding that there was no merit to the claim based on the absence of a PSI report, ineffective assistance of counsel, or failure to provide a certified interpreter.
(9-0: McDonald for the Court; Emfinger did not participate)

Williams v. Williams, 2023-CA-00992-COA (Civil – Domestic Relations)
Dismissing appeal of a decision granting a divorce for lack of final, appealable judgment in a divorce case.
(10-0: Carlton for the Court)

Rash v. State, 2023-KA-01284-COA (Criminal – Felony)
Affirming conviction of being a felon in possession of a firearm, holding that there was no merit to the pro se arguments that the trial court failed to properly instruct the jury, that trial counsel provided ineffective assistance, that the State committed prosecutorial misconduct, or that the deputy lacked probable cause or reasonable suspicion for the traffic stop that started it all.
(8-1-0: Carlton for the Court; McDonald concurred in result only without writing; Westbrooks dissented without writing)

Patterson v. State, 2024-KA-00268-COA (Criminal – Felony)
Affirming conviction of aggravated assault and possession of a firearm by a felon, holding that the defendant’s rights to confrontation and a fair trial were not violated by the hearsay testimony where a hearsay objection was sustained and no curative instruction was sought and that the verdict was not against the overwhelming weight of the evidence.
(10-0: Carlton for the Court)

Lenoire v. State, 2024-KM-00035-COA (Criminal – Misdemeanor)
Reversing conviction of practicing law without a license, holding that the circuit court did not err in denying the defendant’s motion to dismiss the charging affidavit, but that the circuit court’s commentary during the pronouncement of the guilty verdict created a reasonable doubt about the presumption of impartiality and amounted to plain error and that the defendant was deprived of his right to a jury trial and right to counsel.
(6-3: Barnes for the Court; Lawrence concurred in part and dissented in part, joined by Carlton and Emfinger; Weddle did not participate)

Jackson v. State, 2023-KA-01280-COA (Criminal – Felony)
Affirming conviction of three counts of trafficking controlled substances, holding that the good faith exception to the exclusionary rule applied where, though probable cause to support the warrant was lacking, law enforcement reasonably relied on a facially valid warrant.
(7-1-2: Wilson for the Court; Carlton concurred in result only without writing; Westbrooks dissented, joined by McDonald)

Other Orders

  • Roncali v. State, 2023-KA-00173-COA (denying rehearing)
  • Roberts v. Roberts, 2023-CA-00934-COA (denying rehearing)
  • Terry v. State, 2023-KA-00979-COA (denying rehearing)

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Mississippi Court of Appeals Decisions of June 17 and June 24, 2025

The Mississippi Court of Appeals handed down a total of sixteen opinions between last week and today. You can read summaries below.

June 17, 2025

Briggs v. Jackson, 2023-CA-01241-COA (Civil – Domestic Relations)
Affirming in part and reversing in part the chancellor’s judgment awarding the mother physical care, custody, and control of two minor children and granting the father visitation rights, holding that the court did not err in its Albright analysis but remanding on the issues of providing coverage of medical expenses, calculation of child support, and visitation schedule.
(10-0: Emfinger for the Court)

Mangum v. State, 2023-KA-01198-COA (Criminal – Felony)
Affirming conviction of multiple counts of touching a child for lustful purposes and sexual battery, holding that the trial court did not err in denying the defendant’s alibi instruction and did not commit plain error in admitting a memory card with photos.
(10-0: McCarty for the Court)

Vaughn v. State, 2024-KA-00012-COA (Criminal – Felony)
Affirming conviction of multiple counts of drive-by-shooting and shooting int a motor vehicle after review of counsel’s Lindsey brief and independent review of the record.
(10-0: McCarty for the Court)

Hines v. PERS, 2023-SA-01400-COA (Civil – State Boards and Agencies)
Affirming the circuit court’s decision affirming the PERS Board of Trustees’ decision to deny on-duty disability retirement benefits, holding that the decision was supported by supported by substantial evidence and was not arbitrary and capricious.
(10-0: Westbrooks for the Court)

Rodriguez v. State, 2023-KA-01159-COA (Criminal – Felony)
Affirming conviction of one count of manslaughter and two counts of second-degree murder, holding that the convictions were supported by sufficient evidence and were not against the overwhelming weight of the evidence, that there was no merit to claims of prosecutorial misconduct, and that the trial court did not abuse its discretion sentencing the defendant to serve forty years on each count to run concurrently.
(9-1-0: Barnes for the Court; Westbrooks concurred in result on without writing)

Other Orders

  • Taylor v. State, 2023-KA-00245-COA (denying rehearing)
  • Wallace v. State, 2023-KA-00721-COA (denying rehearing)

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June 24, 2025

Martin v. Martin, 2024-CA-00228-COA (Civil – Custody)
Affirming the chancellor’s decision denying a petition for custody modification, holding that where there is no finding of an adverse impact there was no need to perform an Albright analysis and modification was not warranted.
(10-0: St. Pe’ for the Court.)

Martin v. Martin, 2024-CA-00222-COA (Civil – Domestic Relations)
Affirming the chancellor’s contempt finding in a divorce proceeding, holding that the chancellor did not err in finding the ex-wife in contempt of the divorce judgment and that she failed to prove her inability to comply and finding no abuse of discretion in the chancellor using contempt power of incarceration to enforce compliance.
(10-0: Weddle for the Court)

Boyd v. Jones County, Mississippi, 2024-CA-00290-COA (Civil – Torts)
Dismissing appeal for want of final, appealable order.
(10-0: McCarty for the Court)

Howard v. Howard, 2023-CA-01029-COA (Civil – Domestic Relations)
Affirming the chancellor’s findings in a divorce proceeding, holding that the chancellor did not err in determining equitable distribution or periodic alimony, or in failing to take into consideration supplemental security income benefits received by the minor child in determining child support.
(10-0: Westbrooks)

McHard, McHard, Anderson & Associates v. Robertson, 2023-CA-00913-COA (Civil – Eminent Domain)
Affirming the chancellor’s decision in an eminent domain case, holding that the petitioner failed to prove that its proposed road was necessary.
(9-0: Carlton for the Court; Emfinger did not participate)

Dowdy v. Grayson, 2023-CA-00985-COA (Civil – Torts)
Affirming on direct appeal and reversing on cross-appeal, holding that the circuit court did not err in granting a directed verdict on a claim for malicious prosecution but holding that the circuit court erred in dismissing a counterclaim of fraud.
(5-2-3: Barnes for the Court; McDonald concurred in part and in the result without writing; Westbrooks concurred in result only without writing; Wilson dissented, joined by Lawrence and Emfinger, and joined in part by Westbrooks)

Brodie v. Brodie, 2023-CA-01397-COA (Civil – Domestic Relations)
Affirming the chancellor’s rulings in a divorce matter, holding that the chancellor did not err in reversing its initial ruling under Rule 59(e), in granting divorce on the grounds of habitual cruel and inhuman treatment, or in the division of marital property.
(9-1-0: Barnes for the Court; McCarty concurred in part and in the result without writing)

Gombako-Amos v. Amos, 2023-CA-01253-COA (Civil – Domestic Relations)
Affirming judgment of contempt in a divorce proceeding, holding that the chancellor did not err in finding that the ex-wife was in contempt for failing to comply with a provision of the property settlement agreement.
(6-4: Wilson for the Court; Carlton and Westbrooks concurred in part and dissented in part without writing; McDonald concurred in part and dissented in part, joined by Carlton, Westbrooks, and McCarty)

Bhatti v. Board of Supervisors of Coahoma County, Mississippi, 2024-CA-00027-COA (Civil – Other)
Affirming the circuit court’s dismissal of a claim to remove a bust of Ghandi from courthouse grounds, holding that the circuit court did not err in finding that claim amounted to a mandamus action and that the petitioner lacked standing.
(8-1*-0: Weddle for the Court; Westbrooks specially concurred, joined by McDonald; Barnes did not participate)

Melton v. State, 2024-KM-00337-COA (Criminal – Misdemeanor)
Reversing conviction of misdemeanor child abuse, holding that the defendant did not expressly waive her constitutional right to a jury trial.
(6-4: Wilson for the Court; Emfinger dissented, joined by Carlton, Lawrence, and St. Pe’)

Heirs of Morsi v. JB Hunt Corporation, 2024-WC-00399-COA (Civil – Workers’ Comp)
Affirming the MWCC’s finding that a claim was not compensable, holding that the MWCC’s finding that the “found dead” presumption did not apply was supported by substantial credible evidence and was neither arbitrary nor capricious.
(6-1-3: Carlton for the Court; McCarty concurred in result only without writing; Westbrooks dissented, joined by McDonald and Lawrence)

Other Orders

  • Taylor v. State, 2023-CA-00738-COA (granting leave to file amicus brief)
  • Craft v. State, 2023-KA-00915-COA (denying rehearing)
  • Johnson v. Cleveland, 2023-CA-01011-COA
  • Foster v. Kovachev, 2023-CP-01030-COA (granting “motion regarding settlement,” dismissing certain parties to the appeal, granting in part appellees’ motion to dismiss appeal and request for sanctions and attorney’s fees, and dismissing appeal)
  • Blumer v. Majestic Homes, LLC, 2024-CA-00163-COA (granting motion for appellate attorney’s fees)

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Mississippi Supreme Court Decisions of June 5, 2025

The Mississippi Supreme Court handed down two decisions today. One opinion reversed the chancellor’s rulings in an estate matter and the other reversed the Court of Appeals and reinstated a judgment of conviction.

In Re Estate of Brent: Mays v. Estate of Brent, 2023-CA-00423-SCT (Wills, Trusts & Estates)
Reversing the chancellor’s decision giving the ex-wife’s Estate an award for unpaid alimony, holding that the chancellor erred by denying the ex-husband Estate credit for partial alimony payments and for life insurance proceeds which resulted in credits exceeding the total amount owed leaving no unpaid alimony.
(9-0: Ishee for the Court)

Allen v. State, 2022-CT-00419-SCT (Criminal – Felony)
Reversing the Court of Appeals and reinstating the judgment of the Yazoo County Circuit Court’s convicting the defendant of six counts of statutory rape, holding that the invited-error doctrine applied because the trial court gave the instructions the defendant requested, that there was no merit to the ineffective-assistance-0f-counsel claim, that the verdict was supported by sufficient evidence, that the defendant waived objections to the application of the tender-years exception, and that the trial court did not err in denying a Batson challenge.
(6-3: Maxwell for the Court; King dissented, joined in part by Coleman and Sullivan; Coleman dissented, joined by Sullivan)

Other Orders

  • In Re: The Rules of Civil Procedure, 89-R-99001-SCT (granting motion to amend M.R.C.P. forms)
  • In Re: The Rules of Civil Procedure, 89-R-99001-SCT (granting motion to amend M.R.C.P. 13)
  • In Re: MEC’s Administrative Procedures,  89-R-99040-SCT (dismissing petition to amend Mississippi Rules of Court by MEC director)
  • In Re: Uniform Procedures for Data Collection Matters in Circuit, Chancery and County Courts,89-R-99042-SCT (dismissing petition to amend Mississippi Rules of Court by MEC director)
  • Smith v. State, 2019-DR-01492-SCT (denying rehearing)
  • Tisdale v. South Central Regional Medical Center, 2023-CT-00231-SCT (denying cert)
  • Hunter v. State, 2023-KA-01246-SCT (denying rehearing)

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Mississippi Supreme Court Decisions of April 3, 10, 17, and 24, 2025

Here is Part 2 of my April catch-up posting. The Mississippi Supreme Court handed down nine opinions over the past four weeks. On April 3, appellants went 2-1 with a wills and estates undue-influence case, a divorce case, and an MTCA case with a seven-justice special concurrence addressing confusion in the post-Brantley era. Over the following three weeks there was a case addressing a name-change petition on behalf of a minor undergoing gender transition. There is also a case where a majority of the supreme court justices were unhappy with–but affirmed–the application of one of the Court’s rules requiring a defense attorney had to pay jury costs as part of his client’s plea bargain.

April 3, 2025

In Re Estate of Autry: Autry v. Autry, 2023-CA-01300-SCT (Civil – Wills, Trusts & Estates)
Affirming the chancery court’s order invalidating warranty deeds and a last will and testament, holding that the will was invalid because it was not duly authenticated and that the warranty deeds were the product of undue influence.
(9-0)

Sistrunk v. Sistrunk, 2023-CA-01130-SCT (Civil – Domestic Relations)
Reversing the chancellor’s judgment in a divorce case, holding that the court erred by not making specific findings of fact supported by evidence for each of the Ferguson factors and that as a result the court also erred in its rulings on alimony, child support, use of the martial home, determination of marital assets, and attorney’s fees.
(9-0)

J.S. by and through Segroves v. Ocean Springs School District, 2023-CA-01009-SCT (Civil – Personal Injury)
Reversing the trial court’s grant of summary judgment in an MTCA case, holding (1) that discretionary-function immunity protected the defendant from claims that it failed to adopt sufficient policies and procedure, (2) that the plaintiff’s claims regarding negligent hiring, supervision, and training are claims sound in simple negligence and should not have been dismissed, and (3) that the plaintiff demonstrated a triable issue of fact on foreseeability.
(6-7*-1-0: Maxwell specially concurred, joined by Coleman, Chamberlin, Ishee, Griffis, Sullivan, and Branning; Griffis concurred in part and in the result without writing; Randolph did not participate)

Note – You know what that sound means… Justice Maxwell has written another special concurrence that garnered enough votes to have precedential effect. This concurrence addressed ongoing confusion in MTCA law after Wilcher overruled Brantley:

Other Orders

  • Georgen v. Estate of Brown-Barrett, 2023-CT-00344-SCT (denying cert)
  • Robinson v. State, 2023-KA-00773-SCT (denying rehearing)
  • Miller v. State, 2023-CT-00812-SCT (denying cert)
  • Adams v. State, 2025-M-00014 (denying petition for writ of habeas corpus in the nature of a post-conviction application, and finding that the filing was frivolous

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April 10, 2025

Hawkins v. State, 2023-KA-00978-SCT (Criminal – Felony)
Affirming conviction of one count of sexual battery and two counts of fondling, holding that the conviction was supported by sufficient evidence and that the verdict was not against the overwhelming weight of the evidence, and that the second trial did not violate double jeopardy where the first trial ended in mistrial due to juror misconduct.
(9-0)

Other Orders

  • LaFleur v. State, 2022-CT-00500-SCT (denying cert)
  • Wilkerson v. Allred, 2023-CT-00393-SCT (denying cert)
  • Fox v. Allen Automotive, Inc., 2023-CT-00441-SCT (denying cert)
  • Phillips v. Forrest County Industrial Park Commission, 2023-CT-01132-SCT (dismissing cert petition)
  • Williams v. Mississippi Farm Bureau Casualty Insurance Company, 2023-CA-01225-SCT (denying rehearing)

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April 17, 2025

In the Matter of S.M. v. Mississippi State Board of Health, 2023-CA-01379-SCT (Civil – Other)
Affirming the chancellor’s decision denying a minor female’s petition to legally change her name to a more masculine name as part of a gender transition, holding that the chancellor did not abuse her discretion in determining that the child needed to mature more before refiling her request and that the chancellor was not required to apply the Albright factors in reaching that decision.
(8-1: King dissented)

Mississippi Apartment Association v. City of Jackson, 2023-CA-01068-SCT (Civil – Other)
Affirming the chancery court’s decision granting a motion to dismiss an action seeking injunctions based on interpretations and enforcement of city ordinances, holding that the circuit court had exclusive jurisdiction in a previously-filed action challenging the City’s decision to adopt and also hand pendent jurisdiction over the equitable claims in chancery court.
(5-4: Coleman dissented, joined by Branning, Maxwell, and Griffis; Maxwell dissented, joined by Griffis, and joined in part by Coleman, and Branning)

In Re: Jex, 2024-CP-00291-SCT (Civil – Other)
Affirming the circuit court’s order requiring the defendant’s attorney to pay jury costs, holding that the record confirmed that the attorney voluntarily agreed to do so as part of negotiating a plea bargain for his client.
(4-5*-3: Chamberlin specially concurred, joined by Maxwell, Ishee, Griffis, and Branning; Sullivan dissented, joined by King and Coleman)

Note – Chamberlin’s special concurrence has a total of five votes giving it precedential value. Both the special concurrence and the dissent note some difficult facts in this case and the duress, albeit not “legal duress” the State put the defense attorney under.

Final Note – I count eight votes from the rule-making body unhappy with the application of a rule in this case (Rule 3.13 of the Uniform Civil Rules of Circuit and County Court Practice). See Newell v. State, 308 So. 2d 71 (Miss. 1975).

Other Orders

  • In Re: State Intervention Courts Advisory Committee, 89-R-99039-SCT (approving the designation of Katharine Surkin, Director of the Administrative Office of the Courts, of Justice Robert P. Chamberlin as Chair of the State Intervention Courts Advisory Committee and the following as members through December 31, 2026: Judge Michael M. Taylor, Judge Winston L. Kidd, Judge Robert Helfrich, Judge Charles E. Webster, Judge Kathy King Jackson, Judge Randi P. Mueller, Judge John White, Nathan Blevins Deputy Commissioner of Community Corrections, MDOC, Representative Kevin Horan, Chairman, House Judiciary B Committee, Andrea Sanders, Commissioner, Miss. Department of Child Protection Services, and Consuelo Walley, Coordinator, Jones County Drug Ct, 18th Judicial Circuit, and further designating the following alternate members who may attend and vote in the absence of an appointed committee member: Judge Mary “Betsy” Cotton, Judge Mike Dickinson, Judge Walt Brown and W. Dewayne Richardson, District Attorney, Fourth Circuit Court District.)
  • Brown v. State, 2023-CT-00648-SCT (denying cert)
  • In the Matter of Estate of Johnson: Manners v. Estate of Johnson, 2023-CT-00823-SCT (granting cert)
  • In Re: Administrative Orders of the Supreme Court of Mississippi, 2025-AD-00001-SCT (directing the disbursement of $149,116.92 in civil legal assistance funds among the MS Center for Legal Services, MS Volunteer Lawyers Project, and North MS Rural Legal Services)

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April 24, 2025

Quinn v. State, 2024-KA-00195-SCT (Criminal – Felony)
Affirming conviction of attempted murder and possession of a firearm by a felon, holding that the trial court did not err by denying the defendant’s proposed jury instruction defining “homicide,” “murder,” and “deliberate design,” and that the evidence was sufficient to support the conviction.
(9-0)

United Emergency Services of Mississippi, Inc. v. Miller, 2023-IA-00767-SCT, consolidated with Baptist Memorial Hospital-Golden Triangle, inc. v. Miller, 2023-IA-00772-SCT (Civil – Wrongful Death)
Affirming in part and reversing in part the circuit court’s denial of the defendants’ motions for summary judgment in a med mal case, holding that the there were genuine issues of material fact as to all claims except those relying on the theory that one defendant-doctor should have admitted the decedent to the hospital.
(9-0)

Other Orders

  • Knight v. State, 2022-KA-01138-SCT (denying rehearing)
  • Middleton v. State, 2024-IA-00144-SCT (denying rehearing)
  • McPhail v. McPhail, 2024-TS-00849 (reinstating appeal)

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Mississippi Court of Appeals Decisions of April 8, 15, and 22, 2025

After a few weeks of attending to other matters, I am back on the blogging horse. Fortunately, the appellate courts went relatively light on me in terms of the number of decisions handed down.

Summaries the hand downs from the Mississippi Court of Appeals from the past three weeks are below. There are several divorce cases, three mal cases (two opinions reached different results after the respective plaintiff’s expert testimony was struck), several MTCA cases, personal injury cases, felonies, an arbitration case, and more.

April 8, 2025

McFall v. Osborne, 2023-CA-01234-COA (Civil – Domestic Relations)
Affirming the chancellor’s decision in a divorce action denying the ex-husband’s Rule 60(b) motion attacking the court’s subject matter jurisdiction, holding that the chancellor had subject matter jurisdiction, that the ex-husband could not attack the merits of the underlying judgment because it was not appealed in time, and that the chancellor did not err in finding the ex-husband in contempt for failing to pay as ordered in the underlying judgment.
(9-0: Westbrooks did not participate)

Estate of Boleware v. McPhail, 2024-CA-00156-COA (Civil – Wills, Trusts & Estates)
Affirming with modification the circuit court’s decision staying litigation and compelling arbitration, holding that the circuit court did not err in finding that the arbitration agreement was valid but modifying the judgment to clarify that the arbitrator must decide whether the claims are within the scope of the arbitration agreement.
(9-1-0: McDonald concurred in the result without writing)

Short v. Polles, 2023-CA-00607-COA (Civil – Torts)
Affirming the circuit court’s dismissal of a farmer’s suit against MDWFP for issuing a permit permitting the farmer to kill deer to protect his soybean field but limiting it to does only, holding that the circuit court did not err in finding that the agency was immune from suit because permit decisions were within the agency’s power and its actions were not arbitrary and capricious.
(8-2-0: Barnes and Wilson concurred in part and in the result without writing)

Other Orders

  • Brooks v. State, 2023-KA-01081-COA (granting pro se motion for time to file motion for rehearing)
  • Bridget v. State, 2025-TS-00100-COA (dismissing appeal for lack of appealable judgment)

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April 15, 2025

E. Cornell Malone Corp. v. Marshall Cnty. Sch. Dist., 2024-CA-00047-COA (Civil – Contract)
Affirming the circuit court’s dismissal of a complaint against the County related to a construction project, holding that the trial court did not err in finding that the tort claims were barred by the MTCA’s one-year statute of limitations or in denying the motion to amend the complaint.
(9-1-0: Carlton dissented without separate written opinion)

Anderson v. State, 2023-KA-00967-COA (Criminal – Felony)
Affirming conviction of murder, holding that the verdict was not against the overwhelming weight of the evidence.
(10-0)

Pinkton v. State, 2024-CP-00655-COA (Civil – PCR)
Affirming dismissal of a PCR motion, holding that the trial court did not err in finding that the claims were time-barred, waived, and without merit.
(6-4-0: McCarty concurred, joined by Wilson, Emfinger, and Weddle)

Goodson v. State, 2023-KA-00729-COA (Criminal – Felony)
Affirming conviction of possession of meth, holding that the circuit court did not err in denying the defendant’s motion to suppress, in granting the State’s motion in limine preventing the defendant from raising the defense of bias against by the sheriff’s department, or in denying his motion for JNOV or for new trial.
(10-0)

Jordan v. State, 2023-KA-00965-COA (Criminal – Felony)
Affirming conviction of shooting into a dwelling after reviewing the record and counsel’s Lindsey brief, holding that there was sufficient evidence to support the conviction and no issues warranting reversal.
(9-1-0: McDonald concurred in result only without writing)

Holifield v. Highland Community Hospital, 2023-CA-01342-COA (Civil – Med Mal)
Affirming dismissal of MTCA claims against a community hospital, holding that the trial court did not err in determining that the community hospital was a division of a governmental entity and not a separate entity that could be sued or in denying the plaintiffs’ motion for leave to amend to substitute the correct governmental entity because the claim would be time-barred.
(7-3-0: Wilson, McDonald, and McCarty concurred in part and in the result without writing)

Lee v. Doolittle, 2023-CA-00969-COA (Civil – Med Mal)
Reversing summary judgment in favor of the defendants in a med mal case, holding that the circuit court abused its discretion in striking the plaintiff’s expert and then in granting summary judgment for lack of expert testimony.
(5-1-4: Wilson concurred in part and in the judgment without writing; Carlton dissented, joined by Barnes, Emfinger, and St. Pe’)

Other Orders

  • Miller v. State, 2023-CP-00322-COA (denying rehearing)
  • Estate of Forkner: Berry v. Forkner, 2023-CA-00707-COA (denying rehearing)

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April 22, 2025

Nabors v. State, 2024-KA-00006-COA (Criminal – Felony)
Affirming conviction of aggravated assault of law enforcement, holding that there was sufficient evidence of the defendant’s intent to commit aggravated assault, that the verdict was not against the weight of the evidence, that the trial court did not commit plain error in giving a flight instruction, and that trial counsel was not ineffective.
(10-0)

Crocker v. Daves, 2023-CA-00602-COA (Civil – Custody)
Dismissing appeal in a custody matter, holding that the chancellor’s order holding child support in abeyance due to insufficient information before the court to award child support based on statutory guidelines was not a final, appealable order.
(10-0)

Elmore v. Elmore, 2023-CA-00875-COA (Civil – Domestic Relations)
Affirming a judgment granting divorce and dividing marital property, holding that the chancellor did not err in classifying assets as marital property, in determining what property was marital property or in equitably distributing marital assets, or in denying the motion for new trial or to alter or amend the judgment.
(8-1-0: Wilson concurred in part and dissented in part; St. Pe’ did not participate)

Mallery v. State, 2024-CP-00220-COA (Civil – PCR)
Dismissing appeal of PCR denial, holding that there was no longer an actual controversy since the petitioner had been released from custody.
(9-0: Lawrence did not participate)

Simmons v. City of Picayune, 2024-CA-00092-COA (Civil – Personal Injury)
Affirming summary judgment dismissing a premises liability claim stemming from a fall on a handicap ramp, holding that the plaintiff failed to establish a genuine issue of material fact that the curb ramp constituted a dangerous condition.
(10-0)

Cox v. Coast 132 LLC, 2023-CA-01290-COA (Civil – Personal Injury)
Affirming summary judgment in favor of a restaurant in a slip-and-fall case, holding that the windowsill that allegedly caused the fall was not a dangerous condition and that even if it was a dangerous condition the plaintiff could not prove that the restaurant created it or had actual or constructive knowledge of it.
(8-2-0: Westbrooks and McDonald concurred in result only without writing)

Sandlin v. State Farm Mutual Automobile Ins. Co., 2023-CP-01347-COA (Civil – Insurance)
Affirming dismissal of a pro se UM claim, holding that the trial court did not err in finding that the defendant had not been properly served with process and that the statute of limitations on the claim had run.
(9-1-0: McDonald concurred in result only without writing)

Younger v. Southern, 2022-CA-01228-COA (Civil – Personal Injury)
Affirming part and reversing in part the circuit court’s judgment after a bench trial in a personal injury claim under the MTCA, affirming the award for the loss of the plaintiff’s truck, but reversing the award of damages for past, present, and future pain and suffering and reversing the award of $21,120 in medical damages for lack of expert testimony and rendering an award of $399 for past medical expenses.
(7-3: Westbrooks concurred in part and dissented in part, joined by McDonald and McCarty; McDonald concurred in part and dissented in part, joined by Westbrooks and McCarty)

Calvin-Williams v. The Greenville Clinic, P.A., 2023-CA-01021-COA (Civil – Med Mal)
Affirming the circuit court’s order granting summary judgment in favor of the defendant, holding that the circuit court did not err in striking portions of the plaintiff’s expert’s testimony and then granting summary judgment based on the lack of expert testimony.
(8-2: McDonald dissented, joined by Westbrooks)

Other Orders

  • Parker v. State, 2023-KA-00550-COA (denying rehearing)
  • Estate of Roberts: Herd v. Stokes, 2023-CA-00713-COA (denying rehearing)
  • Gardner v. State, 2023-KA-00903-COA (denying rehearing)
  • Lawson v. State, 2023-CP-01008-COA (denying rehearing)
  • Jack v. City of Meridian, 2023-CC-01339-COA (denying pro se motion to recall mandate and dismissing motion for rehearing and amended motion for rehearing)

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Mississippi Court of Appeals Decisions of April 1, 2025

The Mississippi Court of Appeals handed down six opinions today. One case is a relatively novel appeal of a chancellor’s decision denying a name-change petition. There is also an MTCA/breach of contract/inverse condemnation case along with a couple of felony appeals and a couple of PCR cases.

Haralson v. State, 2023-CP-01309-COA (Civil – PCR)
Affirming denial of PCR motion challenging revocation of post-release supervision, holding that the trial court did not err in summarily dismissing the motion.
(10-0)

Hatchett v. State, 2024-KA-00100-COA (Criminal – Felony)
Affirming conviction of one count of sexual battery, holding that the conviction was not against the overwhelming weight of the evidence.
(9-0: Emfinger did not participate)

Hulitt v. State, 2024-CA-00182-COA (Civil – PCR)
Affirming dismissal of motion for PCR, holding that the trial court that adjudicated the charged offenses to which he pleaded guilty was a county of venue.
(7-2-0: Westbrooks and McDonald concurred in result only without writing; Emfinger did not participate)

Rogers v. City of Lumberton, 2023-CA-01133-COA (Civil – Property Damage)
Affirming in part and reversing in part the circuit court’s order granting the City’s motion to dismiss, holding that the trial court did not err in dismissing the plaintiff’s negligence claims for non-compliance with the pre-suit notice requirements of the MTCA or in dismissing the breach of contract claim, but that the trial court did err in dismissing the inverse condemnation claim because it was not subject to the pre-suit requirements of the MTCA.
(10-0)

In Re Name Change: Petitioner Yasmine Montia Jones, By and Through Her Guardian and Conservator, John D. K. Taylor, 2023-CA-01343-COA (Civil – Other)
Reversing the chancery court’s decision denying a petition to change the last name of a adult woman with disabilities, holding that the chancellor improperly substituted his judgment for that of the guardian without sufficient evidentiary support.
(8-2: Wilson dissented, joined by Lawrence)

Phinizee v. State, 2023-KA-01090-COA (Criminal – Felony)
Affirming conviction of conspiracy and attempt to commit murder, holding that the conviction for conspiracy to commit murder was supported by sufficient evidence, that the trial court did not err by excluding hearsay testimony that the victim previously attacked the defendant, and that the trial court did not err in refusing the defendant’s requested instruction on the lesser offense of aggravated domestic violence.
(10-0)

Other Orders

  • Pilot Travel Centers, LLC v. Womack, 2023-CA-00035-COA (denying rehearing)
  • Alexander v. State, 2023-KA-00331-COA (denying rehearing)
  • Williams v. State, 2023-KA-00346-COA (denying rehearing)
  • Patton v. State, 2023-CP-00618-COA (denying rehearing)
  • The University of Mississippi Medical Center v. Redd, 2023-CA-00711-COA (denying rehearing)
  • Mallard v. State, 2023-CP-01155-COA (denying rehearing)

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Mississippi Court of Appeals Decisions of March 25, 2025

The Mississippi Court of Appeals handed down eight opinions today. One opinion is an appeal from a hybrid MTCA/common law med mal trial that cites a law journal article I wrote several years ago on an unresolved procedural conundrum. There is also a premises liability summary judgment case, a breach of contract/attorney’s fees case, three direct criminal appeals, and two PCR cases.

Brown v. State, 2023-CA-00921-COA (Civil – PCR)
Affirming denial of PCR, holding that the trial court did not err in summarily dismissing the PCR petition as time-barred.
(10-0)

Foote v. Memorial Hospital at Gulfport, 2023-CA-00504-COA (Civil – Med Mal)
Affirming the circuit court’s judgment in a med mal action against a hospital (a public entity) and a surgeon and the surgeon’s clinic (private entities) after a single, bifurcated bench and jury trial in which the trial court dismissed the claims against the hospital, holding that if the trial court relied on counsel’s closing statements as evidence it was error but harmless because there was sufficient evidence on the point, that the trial court did not err in finding that the plaintiff failed to present a prima facie case that the surgeon proximately caused or contributed to the injuries, and that the plaintiff failed to object to the jury’s involvement in the MTCA claim so the trial court did not err in partially bifurcating the trial where the jury decided the claims against the private defendants and gave an advisory verdict as to the public defendant, and that the trial court did not err in allowing the jury to allocate fault to the public defendant and the finding that the allocation was not supported by substantial evidence.
(7-2-1: Wilson and Emfinger concurred in part and in the result without writing, Lawrence dissented)

NOTE – I was excited to see one of my law review articles cited in this opinion. (If you are so inclined, you can read my article here.) There is no clear guidance from the rules or case law as to how trials should proceed when there a public defendant (entitled to a bench trial under the MTCA) and private defendant (entitled to a jury trial under Mississippi’s constitution, et al). I advocated for a specific procedure in the article that was cited in today’s opinion. In today’s case, the public defendant advocated for the procedure I proposed and the plaintiff argued for a different approach that involved the jury rendering an advisory verdict as to the public defendant. The trial court adopted the plaintiff’s approach. The plaintiff complained about the procedure on appeal, but the Court of Appeals held he could not argue that the trial court erred in following his proposal. Here is the Court of Appeals’ recapitulation of the argument following my proposal:

In 2016, the Rules Committee on Civil Procedure solicited input for a “Mississippi Rules of Civil Procedure Revision Project.” I submitted a proposed amendment to Rule 38 along with a copy of my article:

I never did hear anything back.

Blumer v. Majestic Homes, LLC, 2024-CA-00163-COA (Civil – Contract)
Affirming in part and reversing in part the circuit court’s order granting summary judgment in favor of a homeowner against a home builder awarding liquidated damages, attoyne’s fees, and expenses, holding that the trial court did not err entering a corrected order granting relief under Rule 60(b) since there had been no judgment expressly adjudicating the remaining claims and that the trial court did not err in dismissing the claims against the home builder in his individual capacity, but that the trial court did err in reducing the award of attorney’s fees.
(9-0: Emfinger did not participate)

Dewberry v. State, 2023-KA-01135-COA (Criminal – Felony)
Affirming conviction of one count of sexual battery, one count of fondling, and one count of child exploitation, holding that the trial court did not err in seating jurors after a Batson challenge and that a jury instruction did not constitute a constructive substantive amendment of a count in the indictment under the plain-error doctrine.
(10-0)

Rodriguez v. Diamondhead Country Club, 2024-CA-00238-COA (Civil – Torts)
Affirming summary judgment in favor of the defendant in a premises liability case, holding that the trial court did not err in finding that a one-half-inch height differential between sidewalk slabs was not a dangerous or unreasonably hazardous condition or in finding that there was no evidence to support a negligence per se claim under the ADA where the plaintiff was not disabled.
(10-0)

Thomas v. State, 2023-KA-00512-COA (Criminal – Felony)
Affirming conviction of second-degree murder, holding that the trial court did not err in admitting a Facebook post, that the trial court did not err denying a directed verdict under Weathersby, that the conviction was support by sufficient evidence, that the verdict was not against the overwhelming weight of the evidence, that the trial court did not err in denying a motion to suppress the defendant’s statements to law enforcement, that the trial court did not err in admitting autopsy photos, and that the cumulative error doctrine did not apply.
(8-2-0: Emfinger concurred in part and in the result without writing; McDonald concurred in result only without writing)

Rasberry v. State, 2023-KA-01161-COA (Criminal – Felony)
Affirming conviction of failing to register as a sex offender, holding that the lack of specificity in the indictment was at most harmless error, that the trial court did not err by granting an unopposed motion to amend the indictment, and that trial counsel was not ineffective.
(10-0)

Deer v. State, 2024-CP-00019-COA (Civil – PCR)
Affirming the dismissal of a PCR motion, holding that the trial court properly dismissed the motion pursuant to the UPCCRA’s three-year statute of limitations.
(9-0: Emfinger did not participate)

Other Orders

  • None

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Mississippi Supreme Court Decisions of March 20, 2025

The Mississippi Supreme Court handed down two opinions today in direct criminal appeals. One was on cert on a Confrontation Clause issue after the Court of Appeals affirmed a conviction.

Walker v. State, 2023-KA-01153-SCT (Criminal – Felony)
Affirming conviction of first-degree murder, shooting into occupied vehicle, and felony fleeing from law enforcement, holding that the trial court did not err in refusing a proposed lesser-included-offense jury instruction as to heat of passion manslaughter, that the conviction was supported by sufficient evidence and the verdict was not against the overwhelming weight of the evidence, that the trial court did not commit plain error by failing to exclude a portion of the defendant’s statement, that the jury instruction conference should have been on the record by the defendant was procedurally barred from raising the issue on appeal, and that the defendant did not demonstrate that trial counsel was ineffective.
(9-0)

Practice Point – When there is no transcript available…

The opinion concluded:

Pitts v. State, 2021-CT-00740-SCT (Criminal – Felony)
Affirming conviction of sexual battery, holding that the defendant’s rights under the Confrontation Clause were not violated where a screen was placed between a child witness and the defendant at trial.
(5-3-1: Maxwell concurred in result only, joined by Chamberlin and Griffis; King dissented)

Note – This opinion has a lengthy and detailed analysis of the Confrontation Clause.

Other Orders

  • Powers v. State, 2017-DR-00696-SCT (denying motion for relief under Rule 60(b)(6))
  • White v. The Home Depot, 2022-CT-00894-SCT (denying pro se cert petition)
  • Galang v. State, 2023-CT-00006-SCT (denying cert)
  • Corrothers v. State, 2023-CA-00401-SCT (denying rehearing)
  • Carroll v. State, 2023-CT-00688-SCT (denying pro se cert petition)
  • Toler v. State, 2023-KA-00712-SCT (denying rehearing)
  • In Re: Administrative Orders of the Supreme Court of Mississippi, 2025-AD-00001-SCT (appointing Timothy Lewis as Deputy Marshal of the Supreme Court of Mississippi)

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