Tag: Mississippi Court of Appeals

Mississippi Court of Appeals Decisions of April 14, 2026

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

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

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

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

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

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

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

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

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

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

Other Orders

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

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Mississippi Court of Appeals Decisions of March 31, 2026

The Mississippi Court of Appeals closed out the month with eleven opinions yesterday. The decisions cover felonies, workers’ comp, real property, termination of parental rights, domestic abuse protection order, heirship, foreclosure/service of process, rezoning , and PCR.

Muhammad v. State, 2024-KA-00440-COA (Criminal – Felony)
Reversing conviction of one count of aggravated domestic violence, holding that the trial court abused its discretion in admitting evidence of prior bad acts and that the defendant was prejudiced by the ruling.
(8-1-1: Lassitter St. Pe’ for the Court; Lawrence concurred in part and in the result without writing; Emfinger concurred in part and dissented in part without writing)

Braxton v. State, 2025-CP-00051-COA (Civil – PCR)
Affirming the denial of a PCR motion, holding that the trial court did not err in finding that the arguments were waived by pleading guilty.
(10-0: Weddle for the Court)

Morris v. State, 2024-CP-00580-COA (Civil – PCR)
Affirming the summary denial of a PCR motion, holding that the trial court did not err in denying a preliminary hearing and that the substantive arguments were without merit.
(8-2-0: Emfinger for the Court; Westbrooks and McDonald concurred in result only without writing)

Jones v. Brown, 2025-CA-00031-COA (Civil – Other)
Affirming the chancellor’s decision on a petition to determine heirs, holding that the chancellor did not err in finding that the putative heir did not prove heirship by clear and convincing evidence.
(6-4-0: Emfinger for the Court; McCarty and Weddle concurred in part and in the result without writing; Westbrooks and McDonald concurred in result only without writing)

Sievers v. Faucheaux-Sievers, 2024-CA-01112-COA (Civil – Domestic Relations)
Affirming the chancery court’s decision issuing a new domestic abuse protection order, holding that the chancellor did not abuse her discretion in entering a final protection order and that the defendant was not entitled to a voluntary dismissal.
(9-1-0: Lawrence for the Court; Wilson concurred in result only without writing)

Armstrong v. State, 2024-KA-01217-COA (Criminal – Felony)
Affirming conviction of two drug charges, holding that the trial court did not err in denying a motion to suppress evidence found pursuant to two search warrants.
(9-1-0: Lawrence for the Court; Wilson concurred in part and in the result without writing)

J.R.M. v. Warren County Dept. of CPS, 2024-CA-00984-COA (Civil – Other)
Affirming the youth court’s termination of parental rights, holding that there was sufficient evidence to support the youth court’s finding that the father failed to exercise reasonable visitation.
(10-0: Wilson for the Court)

Smith v. Dennis Wright & Son Plumbing, 2025-WC-00046-COA (Civil – Workers’ Compensation)
Affirming the Commission’s decision, holding that there was substantial evidence to support the Commission’s finding that the claimant did not sustain a compensable left shoulder injury.
(10-0: Carlton for the Court)

Note/Disclosure – I handled this appeal for the Employer/Carrier.

Taylor v. State, 2024-KA-00280-COA (Criminal – Felony)
Affirming conviction of one count of sexual battery and one count of gratification of lust against a minor, holding that the arguments that the indictment was defective for overbreadth and vagueness were waived and without merit, that arguments that hearsay testimony was not properly admitted for lack of a proper tender-years hearing were waived and without merit, and that arguments that the State improperly bolstered testimony was waived for lack of objection.
(9-1-0: Barnes for the Court; McCarty concurred in part and in the result without writing)

OneWest Bank, FSB v. Brown-Wood, 2024-CA-01125-COA (Civil – Real Property)
Affirming the chancellor’s decision in a foreclosure matter, holding that the chancellor did not err in granting a motion to set aside a prior order granting an extension of time to serve process, denying a motion for leave to amend, or in dismissing a complaint for judicial foreclosure.
(10-0: Barnes for the Court)

Feather v. City of Saltillo, 2024-CA-00831-COA (Civil – Other)
Affirming the circuit court’s decision to affirm the City’s approval of a rezoning application, holding that the Board’s decision that a public need existed was “fairly debatable” and would not be disturbed on appeal.
(5-4: Westbrooks for the Court; Emfinger dissented without writing; Wilson dissented, jioned by Carlton, McCarty, and Emfinger; Weddle did not participate)

Other Orders

  • J.T.S. v. M.L.S., 2024-CA-00023-COA (denying rehearing)
  • CNRS&Z Inc., v. Bridgecrest Acceptance Corporation, 2024-CA-00365-COA (denying rehearing)
  • Shelton v. State, 2024-CA-00435-COA (denying rehearing)
  • Chavers v. State, 2024-KA-00551-COA (denying rehearing)
  • Estate of Dorsey v. Matory, 2024-CA-00925-COA (denying rehearing)
  • Rasbeery v. State, 2024-KA-01005-COA (denying rehearing)

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Mississippi Court of Appeals Decisions of March 17, 2026

The Mississippi Court of Appeals handed down nine opinions today. There is an MTCA notice case, an administrative case, a real property case, a personal injury case dismissed after experts were struck, a contract case, a felony, and a few PCR cases. Read on for summaries.

Ashby v. State, 2025-CP-00076-COA (Civil – PCR)
Affirming denial of motion for PCR, holding that the guilty plea was voluntary, knowing, and intelligent and that that ineffective assistance claims and constitutional claims were waived by pleading guilty.
(10-0: Lassitter St. Pe’ for the Court)

Kirk v. State, 2024-CA-01222-COA (Civil – PCR)
Affirming denial of PCR, holding that the guilty plea was voluntary and that the ineffective-assistance-of-counsel claim was without merit.
(10-0: Weddle for the Court)

Barnes v. City of McComb, 2024-CA-00989-COA (Civil – Wrongful Death)
Affirming dismissal of an MTCA wrongful death suit, holding that the trial court did not err in finding that City was not properly served with pre-suit notice.
(5-5: Lawrence for the Court; Wilson, Westbrooks, McDonald, and Emfinger dissented without writing; McCarty dissented, joined by Westbrooks, McDonald, and Emfinger, and joined in part by Wilson)

Failla v. Failla, 2025-CA-00020-COA (Civil – Real Property)
Reversing the chancery court’s decision denying a petition for prohibitive injunction regarding the placement of gate, holding that the chancellor erred in allowing the gate across land subject to an express easement.
(9-1-0: Lawrence for the Court; Wilson concurred in part and in the result without writing)

Bright Beginnings Daycare III and IV v. Miss. Dept. of Human Services, 2024-SA-01008-COA (Civil – State Boards & Agencies)
Affirming the chancery court dismissal of an appeal from an MDHS administrative hearing for failure to exhaust administrative remedies.
(9-1-0: Wilson for the Court; McDonald concurred in result only without writing)

Harris v. Davis, 2024-CA-01018-COA (Civil – Personal Injury)
Affirming the trial court’s grant of summary judgment after striking the plaintiff’s experts, holding that the trial court did not err in striking the expert’s report and opinions as based on speculation and conjecture, in granting summary judgment, or in denying a motion to reconsider prior order limiting discovery.
(6-4: Carlton for the Court; McDonald and McCarty concurred in part and in the result without writing; Wilson concurred in result only without writing; Westbrooks concurred in result only, joined in part by McDonald and McCarty)

Turner v. City of Tupelo, 2024-CA-01146-COA (Civil – Contract)
Affirming the trial court’s dismissal of a breach of contract claim and takings claim based on the statute of limitations, holding that the claims were barred by statutes of limitations (though calculating them differently than the trial court), that the ten-year statute of limitations in sections 15-1-7 and 15-1-9 did not apply, and that the trial court did not err in dismissing the case with prejudice.
(5-4: Carlton for the Court; McDonald dissented without writing; Wilson dissented, joined by McDonald, McCarty, and Emfinger; Weddle did not participate)

Brown v. State, 2024-KA-00741-COA (Criminal – Felony)
Affirming conviction of possession of meth, holding that the trial court did not err in finding the defendant competent to stand trial.
(9-1-0: Barnes for the Court; Westbrooks concurred in result only without writing)

Stringer v. State, 2024-CA-01247-COA (Civil – PCR)
Affirming the trial court’s denial of PCR, holding that the trial court did not err in denying a PCR motion for new trial based on a rifle recall.
(8-1-0: Barnes for the Court; Westbrooks concurred in result only without writing; Carlton did not participate)

Other Orders

  • Higdon v. Pinkston, 2023-CP-00685-COA (denying rehearing)

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Mississippi Court of Appeals Decisions of March 3, 2026

The Mississippi Court of Appeals handed down eight opinions today. The Court covered a lot of ground, including termination of parental rights, partition of real property, UM coverage, unemployment benefits, and direct criminal appeals.

James W. v. Jackson County Dept. of Miss. Dept. of Child Protective Services, 2024-CP-00420-COA (Civil – Custody)
Affirming the youth court’s judgment terminating parental rights, holding that the youth court judge did not err in denying a motion to recuse, that the decision was based on clear and convincing evidence, and that the youth court did not abuse its discretion admitting evidence.
(9-0: Weddle for the Court; Lawrence did not participate)

Breland v. State, 2024-KA-01022-COA (Criminal – Felony)
Affirming conviction of first-degree murder and leaving the scene of an accident, holding that the conviction was supported by sufficient evidence and that there was no merit to the ineffective-assistance-of-counsel claim.
(9-1-0: Weddle for the Court; Wesbtrooks concurred in result only without writing)

Parker v. United Services Automobile Association, 2024-CA-01419-COA (Civil – Insurance)
Affirming judgment denying a motion for declaratory judgment regarding entitlement to uninsured motorist benefits, holding that the trial court did not err in finding that the plaintiff’s motorcycle going over an oily substance and crashing did not constitute “physical contact” under the policy.
(9-1-0: Weddle for the Court; McDonald concurred in part and in the result without writing)

Willis v. State, 2024-KA-01203-COA (Criminal – Felony)
Affirming convictions of three counts of possession of drugs and one count of trafficking, holding that the trial court did not abuse its discretion instructing the jury when the instructions were read as a whole or in denying a motion for new trial based on the doctrine of retroactive misjoinder, and holding that the verdict was not against the overwhelming weight of the evidence.
(9-1-0: Lawrence for the Court; Westbrooks concurred in result only without writing)

Winn v. State, 2024-KA-01280-COA (Criminal – Felony)
Affirming conviction of first-degree murder and conspiracy to commit murder, holding that the evidence was sufficient to support the conspiracy charge and that there was no merit to the claim that trial counsel was ineffective.
(8-2-0: McDonald for the Court; Wilson concurred in part and in the result without writing; Lawrence concurred in result only without writing)

Dupree v. Mississippi Department of Employment Security, 2025-CC-00144-COA (Civil – State Boards & Agencies)
Reversing the circuit court’s decision affirming an MDES decision denying unemployment benefits after the petitioner was terminated for testing positive for THC, holding that there was not sufficient evidence that the petitioner violated the City’s drug policy.
(6-1-3: Westbrooks for the Court; Emfinger concurred in result only without writing; Carlton dissented, joined by Barnes, and Lassitter St. Pe’)

Sloke v. Pierce, 2025-CA-00121-COA (Civil – Real Property)
Reversing the chancellor’s partition decision, holding that since the parties agreed that the final judgment erroneously attached an improper property description.
(10-0: Wilson for the Court)

Oates v. State, 2024-KA-00267-COA (Criminal – Felony)
Affirming conviction of capital murder, holding that the State produced sufficient evidnece of the defendant’s sanity at the time of the murder, that the verdict was not against the overwhelming weight of the evidence, and that the trial court did not abuse its discretion in admitting a gruesome autopsy photo.
(6-4: Weddle for the Court; Lassitter St. Pe’ concurred in part and dissented in part, joined by Westbrooks and McCarty and joined in part my McDonald; Westbrooks and McDonald dissented without writing)

Other Orders

  • Bumgardner v. State, 2024-KA-00090-COA (denying rehearing)
  • Ward v. State, 2024-KA-00341-COA (denying rehearing)
  • Carroll v. State, 2024-KA-00481-COA (denying rehearing)
  • Fields v. State, 2024-KA-00807-COA (denying rehearing)

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Mississippi Court of Appeals Decisions of February 10, 2026 (plus a bonus decision)

This is a catch-up post from the week I took off of blogging for my oral argument on February 11. The Mississippi Court of Appeals handed down five opinions on February 10 and one off-schedule opinion on Thursday, February 5. Read on for summaries…

February 5, 2026

Gray v. State, 2023-KA-01270-COA (Criminal – Felony)
Affirming conviction of capital murder and sentence to life imprisonment but reversing the imposition of a fine, holding that the trial court did not clearly err in finding that the defendant’s second statement was voluntary or by denying the defendant’s motion in limine to exclude other evidence, that the evidence was sufficient to sustain the conviction, that the “flight instruction” issue was legally barred for failure to raise it in the trial court, and that there was no error and no prejudice regarding an alternate juror, but holding that there was not authority for the imposition of an assessment against the defendant as a partial reimbursement to the county for the defendant’s court-appointed counsel.
(5-5: Wilson for the Court; Barnes dissented, joined by Westbrooks, McDonald, McCarty, and Lassitter St. Pe’.

February 10, 2026

Lovern v. State, 2024-KA-01449-COA (Criminal – Felony)
Affirming conviction of sexual battery and gratification of lust, holding that the evidence was sufficient, that the verdict was not against the overwhelming weight of the evidence, that the trial court did not err in excluding evidence of a victim’s prior behavior, that the trial court did not abuse its discretion regarding jury instructions, that the trial court did not err in allowing evidence of the defendant’s prior bad acts, that the trial court did not err in denying the defendant’s motion in limine that would have prevented the State from referring to the victim as “the victim,” that there was no abuse of discretion in the court’s limitations on voir dire questioning, that the trial court did not err in limiting the defendant’s references to the tyranny of the government during closing, that the trial court did not err in denying the defendant’s request to take possession of his phone to look for exculpatory text messages he alleged were missing from the extraction, that the trial court did not err in limiting the defendant to calling two character witnesses, that inconsistent verdicts (acquitting on one charge and convicting on two) was no basis for reversal, and that the cumulative error doctrine did not apply.
(9-0: Lassitter St. Pe’ for the Court; Emfinger did not participate)

Mize v. Nunmaker, 2025-CA-00089-COA (Civil – Contract)
Reversing the trial court’s decision granting summary judgment for the defendant in a breach of contract case, holding that there was a genuine fact issue regarding whether there was a binding agreement between the parties and regarding whether the claim was time-barred.
(10-0: Lassitter St. Pe’ for the Court)

Estate of Eaves: Schlesinger v. Eaves, 2024-CA-00692-COA (Civil – Wills, Trusts & Estates)
Affirming the chancellor’s decision in a probate matter, holding that the chancellor did not err in denying a request to set aside an inter vivos conveyance and assignment of a law firm based on an undue-influence argument and that the chancellor did not err by allegedly interfering with cross-examination at trial.
(8-2-0: Weddle for the Court; Wilson and McCarty concurred in part and in the result without writing)

Southeast Financial Credit Union v. Brown, 2024-CA-01390-COA (Civil – Contract)
Affirming the trial court’s dismissal of a debt collection claim for want of prosecution, holding that the trial court did not abuse its discretion dismissing the seven-year-old case after there were multiple periods of inactivity in excess of one year culminating in a two-year period of inactivity, a show cause order, and a non-appearance at the show cause hearing.
(10-0: McCarty for the Court)

DeCuir v. City of Laurel, 2024-CC-01055-COA, consolidated with Valentine v. City of Laurel, 2024-CC-01379-COA (Civil – Other)
Affirming the circuit court’s dismissal of police officers’ appeals challenging the promotions of other officers, holding that the appeal was not perfected because the appellant filed a notice of appeal rather than a petition for writ of certiorari with the circuit court as is required to obtain judicial review of a civil service commission’s decision to promote.
(8-2-0: Wilson for the Court; Barnes and McDonald concurred in part and in the result without writing)

Practice Point – This one is like a Final Jeopardy appellate jurisdiction question. Here is the Court’s conclusion:

Other Orders

  • Bird v. Ladner, 2024-CA_00245-COA (denying rehearing)
  • Thompson v. State Farm Fire and Casualty Company, 2024-CA-00393-COA (denying rehearing)
  • Moody v. State, 2024-CA-00407-COA (denying rehearing)
  • Carter v. State, 2024-CP-013828-COA (recalling mandate and allowing pro se motion for rehearing to proceed)
  • Pedrego v. State, 2025-TS-01282-COA (dismissing appeal as untimely filed)
  • Buchanan v. State, 2025-TS-01445-COA (allowing appeal to proceed as timely)

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Mississippi Court of Appeals Decisions of February 24, 2026

The Mississippi Court of Appeals handed down seven opinions today. Three of the opinions are reversals: an MTCA/med mal case, an MTCA/personal injury case, and a misdemeanor appeal. Another appeal was dismissed for lack of appealable judgment. The three cases affirmed are a PCR case, a felony appeal, and a UM coverage case.

Varnado v. State, 2024-CP-01093-COA (Civil – PCR)
Affirming denial of a second motion for PCR, holding that the trial court did not abuse its discretion in finding that the claims were time-barred, successive, and not subject to any statutory exceptions.
(10-0: Lassitter St. Pe’ for the Court)

University of Mississippi Medical Center v. Thomas, 2024-CA-01099-COA (Civil – Med Mal)
Reversing a judgment against UMMC after a bench trial in a MTCA med mal case, holding that the plaintiff’s expert failed to establish the essential element of proximate cause.
(6-4: Lawrence concurred in part and dissented in part, joined by Carlton and joined in part by Westbrooks, McDonald, and McCarty; McDonald dissented without writing; Westbrooks dissented, joined by McDonald, and joined in part by Lawrence)

Practice Point – The majority opinion included this dicta regarding the duty to supplement expert testimony:

Moore v. State, 2024-KA-01129-COA (Criminal – Felony)
Affirming convictions of burglary of a dwelling, aggravated domestic assault, and kidnapping, holding that the defendant’s speedy trial rights were not violated and that the trial court did not err in admitting medical records of the victim in the absence of an objection.
(10-0: McCarty for the Court)

Dillon v. Holmes, 2025-CP-00139-COA (Civil – Real Property)
Dismissing appeal for lack of a final, appealable judgment.
(10-0: Westbrooks for the Court)

Joiner v. City of Holly Springs, 2024-CA-01085-COA (Civil – Personal Injury)
Reversing the grant of summary judgment for the City in an MTCA personal injury case, holding that the city was not shielded from liability under section 11-1-66 because the alleged cause of injury of the independent contract was the negligence of a City employee or under section 11-46-9(1)(v) because this is not a premises liability case and, even if it was, the condition was created by the alleged negligence of a City employee.
(10-0: Wilson for the Court)

Heiser v. State Farm Mutual Automobile Insurance Company, 2024-CA-01042-COA (Civil – Insurance)
Affirming summary judgment of no coverage in a UM case, holding that the trial court did not err in finding no coverage where the death was not caused by the use of the covered vehicle.
(8-2-0: Carlton for the Court; McDonald and Lawrence concurred in result only)

Reardon v. State, 2024-KM-00839-COA (Criminal – Misdemeanor)
Reversing the circuit court’s dismissal of an appeal from justice court, holding that the problems the pro se appellant had in perfecting his appeal resulted from the justice court erroneously allowing his attorney withdraw before filing a notice of appeal with appropriate bonds.
(8-2-0: Barnes for the Court; Wilson and Emfinger concurred in result only without writing)

Other Orders

  • Edwards v. Johnson, 2023-CA-01271-COA (denying rehearing)
  • Roley v. Roley, 2024-CP-01004-COA (denying rehearing)

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Mississippi Court of Appeals Decisions of February 17, 2026

I had oral argument before the Mississippi Court of Appeals last Wednesday. It was a great experience as always and the Court’s hospitality is top-notch. Nevertheless, I was in prep mode on Tuesday and recovery mode on Thursday so I punted last week’s summaries. I plan to get caught up this week. I will add another post taking a detour and talking about the intersection of Ole Miss football and appellate procedure.

For now, my summaries of the seven opinions handed down by the Mississippi Court of Appeals today are below. Of note, the Court reversed a conviction and rendered a judgment of acquittal based on a Fourth Amendment violation.

Smith v. Clarksdale Municipal School District, 2024-CA-00168-COA (Civil – Contract)
Affirming the dismissal of a petition for mandamus against the school district to reclassify a job position and for back compensation, holding that the circuit court did not err in converting a motion to dismiss to a motion for summary judgment or in granting summary judgment.
(9-1: Emfinger for the Court; McDonald dissented without writing)

Seward v. Coast Concrete Company, Inc., 2024-CA-00973-COA (Civil – Contract)
Affirming the circuit court’s decision denying a motion to withdraw or amend admissions, holding that the appellant waived the argument that the requests for admissions were served outside of the discovery deadline under UCRCCC 4.03 and that the circuit court did not abuse its discretion in denying the motion to withdraw or amend the deemed admissions.
(8-2-0: Emfinger for the Court; McDonald and McCarty concurred in part and in the result without writing)

Johnson v. State, 2024-KA-01348-COA (Criminal – Felony)
Affirming conviction of second-degree murder, holding that the trial court did not err in admitting testimony from the victim’s supervisor regarding evidence of prior violence against the victim, that the record was insufficient to address the ineffective assistance claim, and that the evidence was sufficient to support the conviction.
(10-0: McCarty for the Court)

Davis v. State, 2024-KA-00794-COA (Criminal – Felony)
Affirming conviction of capital murder, holding that the conviction was supported by sufficient evidence and that the verdict was not against the overwhelming weight of the evidence.
(10-0: McDonald for the Court)

Wilson v. State, 2024-KA-00632-COA (Criminal – Felony)
Reversing conviction of possession of a firearm by a felon, holding that the trial court erred in denying a motion to suppress evidence during a traffic stop because the officer lacked reasonable suspicion to initial the traffic stop.
(9-1: Wilson for the Court; Carlton dissented without writing)

In the Matter of A.L.C.: Heart to Heart Adoptions, Inc. v. Williamson, 2024-CA-00052-COA (Civil – Adoption)
Affirming the chancery court’s judgment denying full faith and credit to a Utah judgment terminating parental rights, holding that the Utah judgment could not be registered under the Uniform Child Custody Jurisdiction and Enforcement Act.
(10-0: Carlton for the Court)

Jenkins v. Jenkins, 2024-CA-00395-COA (Civil – Domestic Relations)
Affirming the chancery court’s judgment of divorce and award of joint legal custody, holding that the chancellor did not abuse her discretion in her Albright analysis, in awarding joint custody, in her equitable division and distribution of marital property, in not awarding alimony, or in denying a request for attorney’s fees.
(5-5: Emfinger for the Court; Carlton concurred in part and dissent in part regarding the child custody award, joined by Barnes, Westbrooks, McDonald, and McCarty)

Other Orders

  • Upchurch v. Lewis, 2023-CA-01296-COA (denying rehearing)
  • Wooten v. State, 2023-KA-01318-COA (denying rehearing)
  • Walker v. State, 2024-CP-01032-COA (denying rehearing)

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Mississippi Court of Appeals Decisions of February 3, 2026

The Mississippi Court of Appeals handed down eight opinions today with four civil appeals and four criminal appeals. The four civil cases include a slip-and-fall summary judgment, an MTCA police-pursuit case, and the reversal of summary judgment in a med mal case.

White v. State, 2024-KA-00658-COA (Criminal – Felony)
Affirming in part and reversing in part the circuit court’s judgment of conviction of four counts of aggravated DUI and one court of fourth-offense DUI, holding that the statute of limitations had run on the fourth-offense DUI charge, that there was no error with the prosecution for aggravated DUI based on statute of limitations or double-jeopardy grounds, and that the defendant showed no prejudice as a result of the alleged prosecutorial misconduct.
(7-3: Lassitter St. Pe’ for the Court; McDonald concurred in part and in the result without writing; Westbrooks concurred in part and dissented in part without writing; Wilson concurred in part and dissented in part, joined by Westbrooks and McDonald)

Crowley v. State, 2024-KA-00589-COA (Criminal – Felony)
Affirming conviction of one count of conspiracy, one count of burglary of a dwelling, and one count of grand larceny and the sentence as a non-violent habitual offender, holding that sentence was supported by sufficient evidence and that Erlinger did not apply.
(10-0: Weddle for the Court)

Norman v. State, 2024-CP-01107-COA (Civil – PCR)
Affirming the circuit court’s denial of a PCR motion, holding that the circuit court did not err in finding it successive and containing substantive flaws that rendered relief improper.
(7-2-1: Lawrence for the Court; McDonald concurred in part and in the result without writing; Wilson concurred in result only without writing; McCarty dissented, joined in party by McDonald)

Moore v. State, 2024-KA-00507-COA (Criminal – Felony)
Affirming conviction of trafficking heroin, possession of meth, and possession of PCP, holding that the evidence was sufficient on all three counts.
(10-0: Wilson for the Court)

Long v. Jones County, 2024-CA-00521-COA (Civil – Personal Injury)
Affirming summary judgment in favor of the defendant in a slip-and-fall case, holding that the trial court did not err in finding that there was insufficient evidence to prove that the sidewalk in question constituted a dangerous condition.
(10-0: Wilson for the Court)

Hayes v. Magee Benevolent Foundation, 2024-CA-00910-COA (Civil – Wrongful Death)
Reversing the circuit court’s grant of summary judgment dismissing a med mal case based on a finding that the plaintiff could not establish causation under the “loss-of-chance doctrine,” holding that there was a genuine issue of material fact existed where the plaintiff provided expert testimony that the decedent died of a heart attack, that the hospital breached the standard of care by accepting the decedent’s self-diagnosis of a panic attack, and that but for that breach the decedent would have had a greater than 50% chance of survival.
(10-0: Wilson for the Court)

Anderson v. State, 2024-KA-00935-COA (Criminal – Felony)
Affirming conviction of being a felon in possession of a firearm, holding that the conviction was supported by sufficient evidence and that the verdict was not against the overwhelming weight of the evidence.
(10-0: Carlton for the Court)

Luckett v. Leake County, 2024-CA-00269-COA (Civil – Personal Injury)
Affirming the circuit court’s judgment after bench trial under the MTCA where the plaintiff was injured by a collision with a deputy who was involved in a high-speed pursuit, holding that the trial court did not err in apportioning 55% of the fault to the fleeing suspect.
(6-3-1: Barnes for the Court; Wilson, McCarty, and Emfinger concurred in part and in the result without writing; McDonald concurred in part and dissented in part without writing)

Other Orders

  • Cunningham v. State, 2023-KA-01213-COA (denying rehearing)
  • Saddler v. State, 2024-CP-00099-COA (denying rehearing)
  • Hall v. Mitchell, 2024-CA-00667-COA (denying rehearing)
  • Hodge v. Hodge, 2024-CA-00745-COA (denying rehearing)
  • UMMC v. Giddens, 2024-CA-00842-COA (denying rehearing)

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Mississippi Court of Appeals Decisions of January 27, 2026

The Mississippi Court of Appeals handed down ten opinions yesterday. There is subject-matter variety, including a decision in the controversial case of the educator who was terminated for reading a certain book to second graders.

Daengbunga v. State, 2024-KA-01122-COA (Criminal – Felony)
Affirming convictions of murder and tampering with evidence, holding that the trial court did not err in finding no Miranda violation and denying a motion to suppress statements and that the trial court did not abuse its discretion admitting evidence of prior bad acts.
(9-1-0: Lassitter St. Pe’ for the Court; Westbrooks concurred in part and in the result without writing)

Wright v. Brisco, 2025-CP-00258-COA (Civil – Contract)
Affirming the chancery court’s decision where the appellant filed a brief with no citations to the record or case law except for two cases that were referenced by name only with no reporter citation and the appellee did not file a brief.
(10-0: Lassitter St. Pe’ for the Court)

Note – This is the Court’s conclusion:

Wilson v. P.L. Marketing, Inc., 2025-WC-00158-COA (Civil – Workers’ Comp)
Affirming the Commission’s order affirming an order denying a motion to reopen that was filed more than a year after the claim was dismissed for the claimant’s failure to appear at a hearing on the merits.
(10-0: McCarty for the Court)

Price v. Hinds County School District, 2024-CA-00841-COA (Civil – States, Boards & Agencies)
Reversing the chancery court’s decision that had affirmed the School Board’s decision to terminate an assistant principal, holding that the decision to terminate the assistant principal for reading “I Need a New Butt!” to a second-grade class.
(9-1-0: Lawrence for the Court; Emfinger concurred in result only without writing)

Williams v. Williams, 2024-CA-00718-COA (Civil – Domestic Relations)
Affirming in part and reversing in part a chancellor’s judgment of divorce and contempt, holding that the ex-husband waived the issue of denying a motion to amend to add a ground after previously voluntarily-dismissing that ground, that the chancellor erred in classifying marital asserts and debt, that the chancellor erred in only awarding half a mortgage arrearage on a finding of contempt, that the chancellor erred in not awarding the full deficiency on a vehicle, and that the chancellor did not err in finding that the sale of the parties’ boat did not violate a court order or dissipate a marital asset.
(7-3-0: McDonald for the Court; Wilson and Emfinger concurred in part and in the result without writing; Weddle concurred in the result only without writing)

Dodson v. State, 2024-KA-00424-COA (Criminal – Felony)
Affirming conviction of attempted murder and conspiracy to commit auto theft, holding that the trial court did not err by refusing to give a jury instruction on aggravate assault as a lesser-included offense of attempted murder.
(10-0: Wilson for the Court)

City of Clinton v. Johnston, 2023-CA-01105-COA (Civil – PCR)
Dismissing the City’s appeal of the circuit court’s decision granting a motion for PCR, holding that the City lacked standing where it was not a party to the proceedings below and failed to intervene.
(10-0: Carlton for the Court)’

Brown v. Mississippi Real Estate Commission, 2024-CC-01207-COA (Civil – State Boards & Agencies)
Affirming the Commission’s decision to not renew a real estate license, holding that the decision based on untruthful and fraudulent representations to the Commission and felony conviction was supported by substantial evidence and was not arbitrary or capricious.
(8-2-0: Carlton for the Court; Wilson and McDonald concurred in part and in the result without writing)

Jones v. State, 2024-KA-01426-COA (Criminal – Felony)
Affirming conviction of possession of a firearm by a felon, holding that based on counsel’s Lindsey brief, the defendant’s pro se brief, and the Court’s review of the record that there was no error.
(10-0: Carlton for the Court)

Banks v. State, 2024-KA-00881-COA (Criminal – Felony)
Affirming conviction of manslaughter with a firearm enhancement, holding that the verdict was not against the overwhelming weight of the evidence.
(6-1-3: McCarty for the Court; Wilson concurred in part and in the result without writing; McDonald dissented without writing; Westbrooks dissented, joined by McDonald and joined in part by Carlton)

Other Orders

  • Goodloe v. State, 2023-KA-00960-COA (denying rehearing)
  • Lovelace v. Board of Trustees, 2023-CA-01341-COA (denying rehearing)
  • Cameron v. Miller, 2023-CA-01388-COA (denying rehearing)

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Mississippi Court of Appeals Decisions of January 20, 2026

The Mississippi Court of Appeals handed down three opinions today. There is an impressive variety today with a personal injury case tried to verdict, an estate case, and a capital murder conviction.

ABL Management, Inc. v. Rowell, 2024-CA-01007-COA (Civil – Personal Injury)
Affirming judgment for the plaintiff after the jury returned a verdict for the plaintiff in a personal injury claim against the company that oversaw and managed the kitchen were the plaintiff was injured, holding that the trial court did not err by denying an JNOV, in denying a motion for new trial, or in denying a remittitur.
(7-3: McCarty for the Court; Emfinger dissented, joined by Carlton and Wilson)

In the Matter of the Estate of Dorris: Moore v. Estate of Dorris, 2024-CA-00820-COA (Civil – Wills, Trusts & Estates)
Affirming the chancellor’s order denying a creditor’s motion to reopen an estate to claim a one-half interest in real property, holding that the record contained no evidence of fraud, mistake, or illegality concerning the prior resolution of the creditor’s claim or of fraud on the court.
(8-2-0: Carlton for the Court; McCarty concurred in part and in the result without writing; Westbrooks concurred in the result only without writing)

Wright v. State, 2024-KA-00225-COA (Criminal – Felony)
Affirming conviction of capital murder and life in prison without eligibility for parole, holding that the conviction was supported by sufficient evidence and that the trial court did not err in denying the defendant’s motion to suppress or motion in limine regarding text messages obtained from the defendant’s cell phone.
(10-0: Barnes for the Court)

Other Orders

  • Brookshire v. State, 2023-KA-00966-COA (denying rehearing)
  • Taylor v. State, 2023-KA-01201-COA (denying rehearing)
  • Taylor v. Fair,  2024-CP-00676-COA (denying rehearing)
  • Russell v. Booneville Police Department, 2024-CP-00757-COA (denying rehearing)
  • Cardwell v. State, 2024-CP-01088-COA (denying rehearing)

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