Tag: jury instructions

Mississippi Court of Appeals Decisions of March 4, 2025

The Mississippi Court of Appeals handed down five opinions today. Three of the cases involved state boards and agencies: one unemployment case, one termination case, and one case where a petitioner sought to amend or append his birth certificate. There are also two direct criminal appeals.

Darden v. MDES, 2024-CC-00159-COA (Civil – State Boards & Agencies)
Affirming denial of unemployment benefits as untimely, holding that substantial record evidence supported the circuit court’s order affirming the agency’s decision.
(10-0)

Jack v. City of Meridian, 2023-CC-01339-COA (Civil – State Boards & Agencies)
Affirming employment termination, holding that the decision was not arbitrary and capricious and not in good faith, that the city provided substantial evidence that the plaintiff violated policies, and that the evidence did not show that the plaintiff was arbitrarily treated differently from two white male officers.
(9-1-0: Lawrence concurred in result only without writing)

Malone-Bey v. Mississippi State Board of Health, 2024-SA-00288-COA (Civil – State Boards & Agencies)
Affirming the chancery court’s decision denying a petition to amend birth certificate to designate the petitioner’s race as “white: Asiatic/Moor,” holding that the chancery court correctly ruled that it lacked the authority to amend a birth certificate to include additional categories of information and that neither the Board or the chancery court violated the petitioner’s constitutional or civil rights.
(10-0)

Terry v. State, 2023-KA-00979-COA (Criminal – Felony)
Affirming conviction of kidnapping, holding that the evidence was sufficient to sustain the kidnapping conviction, that the verdict was not against the weight of the evidence, that the trial court did not abuse its discretion by allowing the victim’s testimony about the crimes of co-defendants, and that the defendant’s proposed simple assault instruction was properly rejected.
(10-0)

McNaughton v. State, 2023-KA-01099-COA (Criminal – Felony)
Affirming conviction of second-degree murder after the defendant drove over his ex-girlfriend in a parking lost causing fatal injuries, holding that the trial court did not abuse its discretion admitting evidence of prior incidents of domestic abuse, that there was sufficient evidence to support the conviction, and that the conviction was not against the overwhelming weight of the evidence.
(9-1-0: Wesbtrooks concurred in result only without writing)

Other Orders

  • In the Interest of A.R.H., a Minor: Malone v. Jackson County Dept. of Child Protective Services, 2023-CA-00420-COA (denying rehearing)
  • Arnold v. State, 2023-KA-00519-COA (denying rehearing)
  • Cauthen v. State, 2023-KA-00589-COA (denying rehearing)

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Mississippi Court of Appeals Decisions of February 25, 2025

The Mississippi Court of Appeals handed down eight opinions today and a bonus opinion Thursday of last week. There is a notably high reversal rate in these cases. The decision from last Thursday reversed a conviction of capital murder. The eight decisions handed down today cover personal injury, custody, divorce, felony convictions, wills and estates, and PCR with five of them at least reversing the trial court in part.

February 20, 2025

Roncali v. State, 2023-KA-00173-COA (Criminal – Felony)
Reversing conviction of capital murder and remanding for a new trial, holding that the evidence was sufficient to support the verdict but that trial court abused its discretion allowing a State’s expert to testify that the manner of death was homicide from a third person injecting methamphetamine into the victim.
Expert Testimony: 8-2 (Carlton dissented as to this issue, joined by Barnes, Lawrence, and St. Pe’)
Sufficiency of the evidence: 8-2 (Carlton concurred as to this issue, joined by Barnes, Lawrence, and St. Pe’; Westbrooks dissented as to this issue, joined by McDonald and joined in party by McCarty who joined the principal opinion)

February 25, 2025

In the Matter of Disbursement of Real Property Assets to Heir and/or The Sale of Real Property: Montgomery v. Whatley, 2022-CP-00992-COA (Civil – Wills, Trusts & Estates)
Reversing order permitting disbursement of real property one of the decedent’s children, holding that there was insufficient evidence in the record to support the chancellor’s finding that the decedent was the fee simple owner of the tract at issue and remanding to set aside the “Executrix’s Deed” and for further proceedings.
(7-2-0: Westbrooks and McDonald concurred in result only without writing; Lawrence did not participate)

Trehern v. Spivey, 2023-CA-01002-COA (Civil – Custody)
Reversing the chancellor’s custody modification order awarding the father legal and physical custody with no visitation awarded to the mother, holding that the chancellor did not find or identify any material change in circumstances, did not separately assess whether the change was adverse to the child’s welfare, and did not make on-the-record findings as to the Albright factors.
(10-0)

Crump v. State, 2023-CP-00795-COA (Civil – PCR)
Affirming denial of PCR motion, holding that the circuit court did not err in finding it the motion untimely, successive, and barred by res judicata.
(10-0)

Fairchild v. KS Ocean Springs Real Estate LLC, 2023-CA-00928-COA (Civil – Personal Injury)
Affirming summary judgment in favor of the defendants in a premises liability case, holding that the trial court did not abuse its discretion in striking an affidavit supporting the plaintiff’s opposition as a discovery violation and did not err in finding that there was no evidence that the defendants had actual or constructive knowledge of a dangerous condition.
(9-1-0: Wilson concurred in part and in the result without writing)

Black v. Black, 2023-CA-01098-COA (Civil – Domestic Relations)
Affirming the chancellor’s order modifying custody in favor of the father, holding that the mother’s appeal of the modification judgment was not timely and therefore barred and that the trial court did not err in denying her relief from the judgment under Rule 60(b).
(10-0)

Practice Point – The Court noted that the Rule 60(b) motion filed more than ten days after the judgment does not toll the time for filing an appeal:

Colbert v. Colbert, 2022-CA-01293-COA (Civil – Domestic Relations)
Affirming in part and reversing in part the chancellor’s decision denying the husband’s claim for divorce and granting the wife’s request for separate maintenance and child support, holding that the husband’s argument that the antenuptial agreement bars a grant of separate maintenance was procedurally barred for failure to present it to the trial court but reversing on the child support issue because the chancellor did not make the required findings of fact.
(9-0: St. Pe’ did not participate)

Star v. State, 2023-KA-00788-COA (Civil – Felony)
Affirming in part and reversing/rendering in part after the defendant was convicted of aggravated assault and being a felon in possession of a weapon, holding that the indictment and jury instruction for felon in possession of a weapon were deficient for failing to include the elements and reversing the conviction of felon in possession, but holding that the trial court did not err regarding the aggravated assault jury instruction.
(7-2-1: Wilson concurred in part and in the result without writing; Barnes concurred in result only without writing; Emfinger concurred in part and dissented in part)

Roberts v. Roberts, 2023-CA-00934-COA (Civil – Domestic Relations)
Reversing the chancellor’s equitable division of the marital estate and award of alimony, holding that the chancellor erred in valuing the husband’s business and other assets which required remand on both the equitable division and alimony decisions.
(9-0: Weddle did not participate)

Other Orders

  • Alexander v. Metropolitan Y.M.C.A., 20233-CP-01092-COA (denying rehearing)
  • Magee v. State, 2023-CP-00008-COA (denying rehearing)
  • Chung v. State, 2023-CA-00362-COA (denying rehearing)
  • Doukas v. Kiln Self Storage, 2023-WC-01195-COA (denying rehearing)

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Mississippi Supreme Court Decisions of February 20, 2025

The Mississippi Supreme Court handed down four opinions today. There is an interesting Fourth Amendment case of first impression regarding a cell phone search. The lone civil decision has thorough discussions of the doctrines of mootness, standing, and judicial admissions.

Lenoir v. State, 2023-IA-01181-SCT (Criminal – Felony)
Affirming an interlocutory order of the circuit court denying a motion to disqualify the judge and quash the indictment, holding that the joint order of the two circuit judges in the district recusing themselves and appointing a circuit judge from another district was valid under Section 9-1-105(5), that the appointment of another circuit judge did not fail for lack of notice, that the Court would not consider evidence that was not in the record on appeal but attached to a brief, that dismissal was not warranted where he had not been formally appointed at the time the case was presented to the grand jury because there was not evidence of improper influence, that a recused judge’s signature on a the grand jury report did not equate to “hearing any matters arising in this case,” and that an argument that the special judge’s issuance of search warrants is premature.
(7-0: Randolph and Sullivan did not participate)

Watts v. State, 2023-KA-00893-SCT (Criminal – Felony)
Affirming conviction of first degree murder, holding that the evidence was sufficient to support the conviction which was not against the overwhelming weight of the evidence, that a jury instruction on deliberate design killing to which that was no objection was not improper as a matter of law, and that a jury instruction on inferring malice aforethought was not an improper comment on the weight of the evidence.
(9-0)

Knight v. State, 2022-KA-01138-SCT (Criminal – Felony)
Affirming conviction of two counts of exploitation of a child and one count of touching a child, holding that a warrantless search of the defendant’s cellphone did not violate the Fourth Amendment under the private search doctrine, that the prosecutor’s complained-of comments were not so prejudicial or inflammatory as to require reversal, that there was no merit to the challenges to the search warrants, that the claim that the State knowingly presented false evidence was without merit and that it was within the jury’s province to weight inconsistent and contradictory testimony, that the disproportionate sentence argument was barred fro failure to address the Solem factors, passing on the ineffective-assistance-of-counsel claim, and that without error there could be no cumulative error reversal.
(5-1-2: King concurred in part and in the result without writing; Ishee dissented, joined by Sullivan; Randolph did not participate)

Lee v. The City of Pascagoula, 2022-CT-01190-SCT (Civil – State Boards & Agencies)
Vacating judgment of the Court of Appeals and dismissing the appeal for mootness, holding that the appeal was moot because the motel that it involved had been razed and that the plaintiff lacked standing because she no longer had an interest in the property.
(9-0)

Practice Point – The Mississippi Supreme Court relied on Fifth Circuit precedent and held that appellate courts can treat statements in briefs as binding admissions of fact:

Other Orders

Lenoir v. State, 2023-IA-01181-SCT (granting motion to strike)

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Mississippi Court of Appeals Decisions of February 18, 2025

The Mississippi Court of Appeals handed down nine opinions today and one bonus opinion Thursday of last week. There are a few real property cases including a restrictive covenants case. There are two interesting speedy trial cases among several other direct criminal appeals.

February 13, 2025

Johnson v. Cleveland, 2023-CA-01011-COA (Civil – Real Property)
Reversing the chancery court’s decision in a tax sale and forfeited tax land patents, holding that a potential adverse possession claim did not confer standing, that the plaintiff lacked standing per section 29-1-21, and that the chancellor erred in declaring the tax sale void and ordering that the forfeited tax land patents be cancelled.
(6-4: Westbrooks dissented, joined by Barnes, McDonald, and Lawrence)

February 18, 2025

Wallace v. State, 2023-KA-00721-COA consolidated with 2023-KA-00723-COA, consolidated with 2023-KA-00888-COA (Criminal – Felony)
Affirming convictions of three brothers who were tried together of capital murder, holding that the convictions were supported by sufficient evidence, that the trial court’s decision to allow an investigator to testify about a witness’s prior statement was harmless error, that the trial court did not in error for allowing testimony of prior bad acts to which there was no timely objection, that there was no violation of the constitutional right to a speedy trial under the totality of the circumstances, and that one brother’s ineffective assistance of counsel argument was without merit.
(7-3-0: Lawrence and McCarty concurred in part and in the result without writing; Westbrooks concurred in result only without writing)

Note – The speedy trial discussion is worth reading if that is in your wheelhouse.

1st Step Sober Living LLC v. Cleveland, 2023-CA-00665-COA (Civil – Other)
Affirming the chancellor’s decision granting residents’ request for injunctive relief preventing a home in a subdivision from being used by individuals recovering from substance abuse disorder, holding that the sale of the subject property did not render the case moot because damages were sought, that the proposed use was a commercial endeavor that was prohibited by restrictive covenants, and the chancellor did not err in determining that the rehab home did not sufficiently prove that the tenants would fit the “handicap” criteria for FHA purposes.
(10-0)

Brooks v. State, 2023-KA-01081-COA (Criminal – Felony)
Affirming conviction of possession of a controlled substance and being a felon in possession of a firearm, holding that the evidence was sufficient to support both convictions.
(10-0)

Chambers v. State, 2023-KA-00626-COA (Criminal – Felony)
Affirming conviction of one count of capital murder and two counts of felonious child abuse, holding that the trial court did not err in denying the defendant’s motion to suppress her statement to investigators where she voluntarily, knowingly, and intelligently waived her Miranda rights and that the State presented sufficient evidence for all convictions.
(9-1-0: Wilson concurred in part and in the result without writing)

LoanMax, LLC v. Castle Columbus I, LLC, 2023-CA-00790-COA (Civil – Contract)
Affirming in part and reversing in part the chancery court’s rulings in a claim for declaratory and injunctive relief involving a commercial lease renewal, holding on direct appeal that the chancellor did not err in finding that lessee did not provide notice required to effectively renew the lease, on cross-appeal that the chancellor did not err in finding that the owner is not entitled to damages for roofing or HVAC or to attorney’s fees, and on cross-appeal that the chancellor erred in her findings on holdover rent and remanded for a determination of what back rent may be owed.
(9-0: Barnes did not participate)

Taylor v. State, 2023-KA-00245-COA (Criminal – Felony)
Affirming conviction of aggravated assault with a deadly weapon, holding that the defendant’s right to speedy trial was not violated.
(7-4*-0: McCarty specially concurred, joined by McDonald and St. Pe (who also joined the majority); Lawrence concurred in part and in the result without writing)

Note – The constitutional right to speedy trial got a lot of air time today. Here is how McCarty’s special concurrence on the subject kicks off:

Spearman v. State, 2023-KA-01091-COA (Criminal – Felony)
Affirming conviction of aggravated assault, holding that there were no arguable issues for appeal after reviewing counsel’s Lindsey brief and the record.
(10-0)

Fears v. State, 2023-KA-00174-COA (Criminal – Felony)
Affirming conviction of capital murder, armed robbery, conspiracy to commit armed robbery, and aggravated assault against victims responding to a fake Facebook Marketplace ad, holding that the trial court did not abuse its discretion in denying an accomplice jury instruction.
(10-0)

Johnson v. State, 2023-KA-00369-COA (Criminal – Felony)
Affirming convictions of capital murder and felony child abuse, holding that the defendant abandoned his motion to server the counts against him when he failed to pursue a motion to hearing a decision and, further, that the trial court did not abuse its discretion denying the motion to sever.
(10-0)

Other Orders

  • Johnson v. SW Gaming, LLC, 2023-CA-00505-COA (denying rehearing)
  • Simmons v. State, 2023-KA-00518-COA (denying rehearing)

Hand Down Page – February 18, 2025

Hand Down Page – February 13, 2025

Mississippi Court of Appeals Decisions of February 4, 2025

The Mississippi Court of Appeals handed down five opinions today: four direct criminal appeals and one PCR case. Three of the four criminal cases dealt with jury instruction issues.

Craft v. State, 2023-KA-00915-COA (Criminal – Felony)
Affirming conviction second-degree murder, holding that the verdict was supported by sufficient evidence, that the verdict was not against the overwhelming weight of the evidence, and that the trial court did not abuse its discretion in giving instructions on lesser-included offenses for which the defendant was not specifically indicted, and declining to address ineffective-assistance-of-counsel claims on direct appeal.
(8-1-0: Emfinger concurred in part and in result without writing; Carlton did not participate)

Hagan v. State, 2023-KA-00880-COA (Criminal – Felony)
Affirming conviction of aggravated assault, holding that the trial court did not abuse its discretion in refusing the defendant’s lesser-included-offense jury instruction.
(10-0)

Wilson v. State, 2023-CP-01050-COA (Civil – PCR)
Affirming the trial court’s order denying a PCR motions and finding that they were frivolous, successive, time-barred, and barred by res judicata.
(10-0)

Jones v. State, 2022-KA-01124-COA (Criminal – Felony)
Affirming convictions of first-degree murder and felon in possession, holding that the trial court did not err in refusing a heat-of-passion manslaughter instruction or a proposed instruction on the defense of necessity, and finding the pro se arguments that the indictment was insufficient, that habitual offender status was not proven beyond a reasonable doubt, and that the defendant’s Confrontation Clause rights were violated during the sentencing hearing lacked merit.
(8-1-0: McDonald concurs in result only without writing; Lawrence did not participate)

Johnson v. State, 2023-KA-00870-COA (Criminal – Felony)
Affirming conviction of two counts of felon in possession of a firearm, holding that the second felon-in-possession count did not violate double jeopardy because the weapons were acquired at different times and the search and seizure of his the defendant’s vehicle were lawful.
(9-1: McDonald dissented without written opinion)

Other Orders

  • None

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Mississippi Supreme Court Decisions of January 30, 2025

The Mississippi Supreme Court handed down four opinions today. There was a UM dec action along with three direct criminal appeals. One of the direct criminal appeals resulted in reversal based on an erroneous jury instruction.

Williams v. Mississippi Farm Bureau Cas. Ins. Co., 2023-CA-01225-SCT (Civil – Insurance)
Affirming the trial court’s decision granting a UM carrier’s motion for summary judgment in a dec action, holding that the UM policy did not unlawfully restrict or reduce coverage mandated by Mississippi’s UM Act and that clear and unambiguous language in the policy excluded ATVs from the term “uninsured motorist.”
(9-0)

Barnett v. State, 2023-KA-00742-SCT (Criminal – Felony)
Reversing conviction for sale of meth, holding that the trial court committed reversible error by giving a jury instruction that improperly commented on the weight of the evidence.
(7-2: Randolph dissented, joined by Branning)

N0te – Here is the text of the jury instruction that warranted reversal:

Robinson v. State, 2023-KA-00773-SCT (Criminal – Felony)
Affirming conviction of aggravated assault, holding that the evidence was sufficient to support the conviction, and rejecting the appellant’s pro se arguments that his appellate counsel were ineffective, that the State committed Brady violations, and that the trial court lacked jurisdiction.
(9-0)

Kendrick v. State, 2024-KM-00510-SCT (Criminal – Misdemeanor)
Affirming the circuit court’s decision affirming the county court’s decision affirming a municipal court conviction of DUI first offense and possession of drug paraphernalia, holding that the county court did not err in denying a motion to suppress that claimed the traffic stop was illegal.
(8-0: Randolph did not participate)

Other Orders

  • In Re: The Rules of Civil Procedure, 89-R-99001-SCT (granting motion to amend M.R.C.P. 14 to be effective 30 days from the entry of the order on January 27, 2025)
  • In Re: Weaver, 2017-M-00527 (denying misnamed application for leave to seek post-conviction relief in the trial court, finding the application successive and frivious, and warning that future frivolous filings may result in sanctions)
  • Lestrick v. State, 2021-CT-01409-SCT (dismissing cert petition)
  • Gilmer v. Biegel, 2022-CP-00528 (denying motion for citation of contempt and sanctions and ordering payment of sanction)
  • Weatherly v. Weatherly, 2022-CT-00804-SCT (granting cert)
  • Jackson v. State, 2023-CT-00201-SCT (denying cert)
  • Jackson v. State, 2023-CT_201-SCT (denying pro se cert petition)
  • Carpenter v. State, 2023-CT-00580-SCT (denying cert)CT (denying cert)
  • In Re Validation of up to $27,600,000 Trust Certificates Evidencing Proportional Interests in a Lease by The Simpson County School District: Floyd v. Simpson County School Board, 2023-CA-01126-SCT (denying motion for rehearing and amended motion for rehearing)
  • Parker v. Stewart, 2023-CA-01257-SCT (granting motion to dismiss appeal)
  • Parker v. Stewart, 2023-CA-01257 (per curiam affirmance)

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Mississippi Court of Appeals Decisions of January 28, 2025

The Mississippi Court of Appeals handed down four opinions yesterday and a stray opinion on Thursday of last week. Three are direct criminal appeals, one is a breach of contract/real property case, and the other is a PCR case.

Childs v. State, 2023-CA-00126-COA, consolidated with 2018-CT-00263-COA and 2011-CT-00263-COA (Civil – PCR)
Affirming denial of a motion for PCR, holding that it did not have subject matter over the venue claim, that there was no clear error in denying the Brady claim, and that the claimant failed to establish a claim of ineffective assistance.
(9-0: McCarty did not participate)

JLS Farm Partnership v. ’27 Break Hunting Club, Inc., 2023-CA-00434-COA (Civil – Contract)
Affirming the circuit court’s grant of summary judgment in favor of hunting clubs in a suit filed against them by an adjacent farming partnership after the partnership’s deer depredation permit was revoked and the clubs opposed a new permit, holding that the trial court did not err in finding no evidence to support the partnership’s claims of breach of contract, tortious breach of contract, breach of the implied duty of good faith and fair dealing, and promissory estoppel.
(9-0: Lawrence did not participate)

Haynes v. State, 2023-KA-00861-COA (Criminal – Felony)
Reversing conviction of manslaughter, holding that the trial court erred by denying a stand-your-ground instruction but also holding that the State presented sufficient evidence to sustain the conviction.
(9-1-0: Carlton concurred in result only without writing)

Adame v. State, 2023-KA-00758-COA (Criminal – Felony)
affirming conviction of fondling, holding that the trial court did not abuse its discretion by giving a jury instruction concerning uncorroborated testimony of a sex-crime victim.
(9-0: St. Pe’ did not participate)

Note – Here is the jury instruction that passed muster:

Bonus decision from January 23, 2025

Culbertson v. State, 2023-KA-00588-COA (Criminal – Felony)
Affirming conviction of two counts of aggravated domestic violence as a violent habitual offender, holding that the trial court did not err in refusing a lesser-included offense instruction for each count, in denying a motion to exclude evidence of the defendant’s prior bad acts, or in sentencing him as a habitual offender, and that trial counsel was not ineffective for not submitting a lesser-included instruction that was not warranted.
(5-5: Barnes concurred in part and dissented in part, joined by Wilson, Westbrooks, McDonald, and Emfinger)

Other Orders

  • Mazie v. Boozier-Mazie, 2023-CA-00470-COA (denying rehearing)
  • Walker v. State, 2023-CP-00787-COA (denying rehearing)

Hand Down Page – Jan. 28, 2025

Hand Down Page – Jan. 23, 2025

Mississippi Court of Appeals Decisions of January 14, 2025

The Mississippi Court of Appeals handed down nine opinions today. Most are direct criminal appeals. There is also a judgment versus voluntary payment case, a contempt issue in a divorce case, a disinheritance case, and an injunction case.

Seales v. State, 2023-KA-01376-COA (Criminal – Felony)
Affirming conviction of attempted first-degree murder, holding that the evidence was sufficient to support to conviction.
(9-0: St. Pe’ did not participate)

Holstein v. Nicholas, 2023-CA-00548-COA consolidated with 2023-CA-00972 (Civil – Contract)
Reversing the circuit court’s decision ordering repayment of sums paid pursuant to an Ohio judgment enrolled in Mississippi after the Ohio judgment was overturned on appeal, holding that the evidence was not sufficient to determine whether the amount paid was a voluntary payment or a compulsory payment.
(9-0: St. Pe’ did not participate)

Baker v. State, 2023-KA-01111-COA (Criminal – Felony)
Affirming conviction of aggravated assault, holding that the trial court did not abuse its discretion in denying the defendant’s proposed self-defense jury instruction because there was no evidence to support it.
(8-1-0: Westbrooks concurred in result only; St. Pe’ did not participate.)

In the Matter of the Estate of Tate: Garfield v. Tate, 2023-CA-01262-COA (Civil – Wills, Trusts & Estates)
Affirming the chancellor’s decision disinheriting a father, holding that the father did not prove he should inherit under Miss. Code Ann. section 91-1-15(3)(d)(i).
(9-0: St. Pe’ did not participate)

Gibson v. State, 2023-KA-00704-COA (Criminal – Felony)
Affirming conviction of first-degree murder, holding that the trial court did not commit plain error by allowing the defendant’s wife to testify against him and that the verdict was not against the overwhelming weight of the evidence.
(8-1-0: Lawrence concurred, joined by Barnes and joined in part by Westbrooks and Weddle; St. Pe’ did not participate)

Davis v. State, 2023-KA-00178-COA (Criminal – Felony)
Affirming conviction of aggravated assault with a weapon and felon in possession, holding that the trial court did not abuse its discretion in excluding evidence of a witness’s prior convictions for forgery in violation of the defendant’s rights under the Confrontation Clause.
(9-0: St. Pe’ did not participate)

Yarbrough v. Sacred Heart Catholic School of Hattiesburg, Mississippi, 2023-CA-01219-COA (Civil – Other)
Affirming the chancellor’s rulings granting temporary and permanent injunctive relief in favor of a school, holding that there was a legally cognizable claim based on its right to take precautions necessary to minimize foreseeable risks to protect students, that the chancellor did not err in finding that there was a threat to the school, and that the chancellor did not abuse her discretion in issuing the preliminary and permanent injunction.
(8-1: Wilson dissented; St. Pe’ did not participate)

Powell v. Powell, 2022-CA-01258-COA (Civil – Domestic Relations)
Affirming the chancellor’s decision finding the mother in contempt in a divorce matter for failing to pay her half of children’s medical bills, holding that the chancellor did not violate the judgment of divorce, that the finding of contempt was not manifest error, and the the chancellor did not abuse his discretion in any of the evidentiary rulings.
(7-1-0: Wilson concurred in part and in the result without writing; Lawrence and St. Pe’ did not participate)

Stewart v. State, 2023-KA-00461-COA (Criminal – Felony)
Affirming conviction of one count of armed carjacking and three counts of armed robbery, holding that the trial court did not err in denying the motion for mistrial based on improper questioning during cross-exam of the defendant’s mother because it was waived and that the improper question was cured by jury instructions and that the defendant’s Confrontation Clause rights were not violated where a police officer testified via closed-circuit TV.
(7-2-0: Barnes and Lawrence concurred in part and in the result without writing)

Other Orders

  • LaFleur v. State, 2022-KA-00500-COA (denying rehearing)
  • Georgen v. Estate of Brown-Barrett, 2023-CA-000344-COA (denying rehearing)
  • Fox v. Allen Automotive, Inc., 2023-CA-00441-COA (denying rehearing)
  • Patton v. State, 2023-CP-00618-COA (recalling mandate and allowing pro se motion for rehearing to proceed on the merits)
  • Mallard v. State, 2023-CP-01155-COA (recalling mandate and allowing pro se motion for rehearing to proceed on the merits)

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Mississippi Court of Appeals Decisions of January 7, 2025

Happy New Year! Many thanks to all who read the blog over the past year, I truly appreciate your support. But that is all the time we have for sentimentality because the Mississippi Court of Appeals wasted no time getting back in the action. There are ten opinions today and you can read my summaries below.

Poole v. State, 2023-KA-01162-COA (Criminal – Felony)
Affirming conviction of possession of meth, holding that the trial court did not err in denying the defendant’s motions for directed verdict of JNOV where the defendant failed to file a motion a suppress evidence and failed to contemporaneously object to the evidence being admitted.
(7-2-0: Westbrooks and McDonald concurred in result only without writing, St. Pe’ did not participate.)

Everett v. State, 2024-CP-00206-COA (Civil – State Boards and Agencies)
Affirming the trial court’s dismiss of a “petition for judicial review” as time-barred because it was filed two and one-half years after the petitioner had exhausted his administrative remedies.
(9-0: St. Pe’ did not participate)

Begnaud v. Begnaud, 2023-CA-00822-COA (Civil – Domestic Relations)
Reversing the chancellor’s decisions in a divorce case, holding that the chancellor erred in failing to value guns before awarding them to one party, in failing to consider the tax consequences of receiving funds from a retirement account, and in awarding a credit for child support payments.
(9-0: St. Pe’ did not participate)

In re: Harvey; Chimento v. Schwark, 2023-CA-00398-COA (Civil – Wills, Trust, & Estates)
Affirming the chancellor’s decision in a will contest, holding that the chancellor did not err in finding that the testator had capacity, that there was not abuse or suspicious circumstances giving rise to a presumption of undue influence, that there was due execution, or that the proponent overcame the presumption of revocation.
(9-0: St. Pe’ did not participate)

Rencher v. State, 2024-CP-00008-COA (Civil – PCR)
Affirming denial of a PCR motion, holding that the trial court did not err in finding that the claim of ineffective assistance of counsel is without merit.
(6-2-0: Wilson and Emfinger concurred in part and in the result without writing; Weddle and St. Pe’ did not participate)

Jones v. State, 2023-CP-01247-COA (Civil – PCR)
Affirming the trial court’s dismissal of a PCR motion, holding that the trial court lacked jurisdiction because the petitioner did not obtain permission from the Mississippi Supreme Court before filing the motion.
(9-0: St. Pe’ did not participate)

Walker v. Mississippi State Parole Board, 2023-CP-00919-COA (Civil – State Boards and Agencies)
Affirming dismissal of petition for judicial review of MDOC decision, holding that the trial court did not err in finding that the petitioner failed to exhaust his administrative remedies.
(9-0: St. Pe’ did not participate)

Boone v. State, 2023-KA-00684-COA (Criminal – Felony)
Affirming conviction two counts of gratification of lust, holding that the verdict was not against the overwhelming weight of the evidence and that the trial court did abuse its discretion in denying a motion in limine to exclude prior bad acts testimony or in giving an instruction re: sufficiency of the unsupported word of the victim.
(9-0: St. Pe’ did not participate)

Mount v. State, 2023-KA-00807-COA (Criminal – Felony)
Affirming conviction of first-degree murder, holding that the trial court did not abuse its discretion in finding the defendant competent to stand and that the verdict was not contrary to the overwhelming weight of the evidence regarding his sanity at the time of the offense.
(5-4-0: St. Pe’ did not participate)

Wilson v. Barnes-Wilson, 2023-CA-00945-COA (Torts – Other)
Affirming the trial court’s grant of a motion to dismiss for failure to prosecute, holding that the trial court did not abuse its discretion where the plaintiff took no action of record for two years and then failed respond to the motion to dismiss for over a year and even then only after the case was dismissed.
(7-2-0: McDonald and McCarty concurred in part and in the result without writing; St. Pe’ did not participate.)

Other Orders

  • Alexander v. State, 2022-KA-00977-COA (denying rehearing)
  • Campbell v. State, 2022-KA-01055-COA (denying rehearing)
  • Galang v. State, 2023-KA-00006-COA (denying rehearing)
  • Howell v. State, 2023-KM-00265-COA (denying rehearing)
  • Wilkerson v. Allred, 2023-CA-00393-COA (denying rehearing)
  • Harris v. State, 2023-KA-00460-COA (denying rehearing)
  • Brown v. State, 2023-KA-00658-COA (denying rehearing)
  • Haley v. State, 2023-CP-00918-COA (denying rehearing)

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Mississippi Court of Appeals Decisions of December 10, 2024

The Mississippi Court of Appeals handed down seven opinions today. Six are direct criminal appeals and one is a real property/default judgment case. One of the cases involves a crossbow and included a visual aid.

Nailer v. State, 2023-KA-00627-COA (Criminal – Felony)
Affirming conviction of aggravated assault after he fired a crossbow into an occupied vehicle, holding that the trial court did not err in denying a requested instruction of simple assault as a lesser-included offense, that the evidence was sufficient to support the conviction, and that instructions given did not impermissibly comment on the weight of the evidence were not argumentative and did not deprive the defendant of a fair and objective consideration by the jury, and that the defendant was not deprived of his right to testify.
(9-0: Weddle did not participate)

NOTE – An appendix to the opinion has a photo of the scene:

Young v. Martin, 2023-CA-00980-COA (Civil – Real Property)
Affirming the chancellor’s decision denying a motion to set aside a default judgment in an action to quiet title and confirm a tax title, holding that the complaint signed by an attorney was a “sworn complaint” for purposes of Miss. Code Ann. § 11-17-1, that the chancellor did not abuse his discretion denying a Rule 60 motion or in deciding that the proper parties were notified of the tax sale.
(7-2: Westbrooks and McDonald dissented without writing; Smith did not participate)

Practice Point – Here is the crux of the Court’s holding on the first issue that is worth keeping in mind:

Wagner v. State, 2023-KA-01123-COA (Criminal – Felony)
Affirming conviction of felony aggravated domestic violence, holding after a review of counsel’s Lindsey brief and the record that there were no arguable issues for appeal.
(9-0: Smith did not participate)

Davis v. State, 2023-KA-00811-COA (Criminal – Felony)
Affirming conviction of being a felon in possession of a firearm, holding that the trial court did not err in denying a motion to suppress the firearm because the stop during which it was obtained did not violate the defendant’s Fourth Amendment rights.
(9-1-0: Lawrence concurred in part and in the result without writing)

King v. State, 2023-KA-00658-COA (Criminal – Felony)
Affirming conviction of second-degree murder based on counsel’s Lindsey brief and an independent review of the record.
(9-0: Weddle did not participate)

Gardner v. State, 2023-KA-00903-COA consolidated with No. 2018-KA-01337-COA (Criminal – Felony)
Reversing convictions of cocaine possession and felony evasion, holding that the trial court erred in admitting prior convictions for purposes of impeachment but also holding that the defendant is not entitled to a judgment of acquittal because there was sufficient evidence to support his convictions.
(7-2: Carlton dissented, joined by Smith; Emfinger did not participate)

Levi v. State, 2023-KA-00718-COA (Criminal – Felony)
Affirming conviction of possession of meth with intent distribute and possession of cocaine with intent to distribute, holding that the trial court erred in admitting evidence of prior convictions for simple possession but that the error was harmless.
(5-4-1: Carlton concurred in part and in result, joined by Smith and Emfinger; Westbrooks and Smith concurred in result only without writing; McDonald concurred in part and dissented in part without writing)

Other Orders

  • Collins v. State, 2022-KA-01184-COA (denying rehearing)
  • Wallace v. Smith, 2023-KA-00071-COA (denying rehearing)
  • Siggers v. State, 2023-CP-00324-COA (denying rehearing)
  • Carroll v. State, 2023-CP-00688-COA (denying rehearing)
  • Miller v. State, 2023-CP-00812-COA (granting appellant’s pro se motion for leave to file motion for rehearing out of time)
  • Saddler v. State, 2024-CP-00099-COA (granting motion to reinstate his administratively dismissed appeal)
  • Taylor v. State, 2024-KA-00280-COA (granting motion to reinstate appeal)
  • Morris v. State, 2024-TS-00580-COA (sua sponte order allowing appeal to proceed on the merits)
  • Johnson v. State, 2024-TS-00650-COA (allowing appeal to proceed as timely)
  • Butler v. State, 2024-TS-00747-COA (granting motion to reinstate appeal)

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