Mississippi Court of Appeals – Page 5 – Mississippi Appeals Blog

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 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 21, 2025

The Mississippi Court of Appeals handed down six opinions today. There is a pair of direct criminal appeals, a pair of PCR decisions, a custody decision, and an adverse possession decision.

Burnette v. State, 2023-CP-01330-COA (Civil – PCR)
Affirming summary dismissal of PCR motion, holding that it was time-barred.
(9-0: St. Pe’ did not participate)

Moore v. State, 2024-CP-00150-COA (Civil – PCR)
Affirming summary dismissal of a PCR motion, holding that it was time-barred and successive.
(9-0: St. Pe’ did not participate)

Grimes v. State, 2023-KA-01254-COA (Criminal – Felony)
Affirming conviction of manslaughter and sentence after remand for an evidentiary hearing on alleged juror misconduct, holding that the trial court did not err in finding that no conduct by a juror prejudiced the defendant.
(8-0: Weddle and St. Pe’ did not participate)

Adams v. Adams, 2023-CA-01041-COA (Civil – Domestic Relations)
Affirming the chancellor’s custody ruling in a divorce proceeding, holding that the chancellor did not err in applying the Albright factors and determining that it was in the children’s best interest to award sole physical custody to the mother.
(9-0: St. Pe’ did not participate)

Robinson v. State, 2023-KA-00575-COA (Criminal – Felony)
Affirming conviction of sexual battery, holding that in light of overwhelming evidence of guilt the defendant failed to show that his trial counsel was ineffective for introducing a recording between an officer and a witness.
(7-2-0: Barnes concurred in part and in the result without writing; Wilson concurred in result only without writing; St. Pe’ did not participate)

Phillips v. Forrest County Industrial Park Commission, 2023-CA-01132-COA (Civil – Real Property)
Affirming the chancellor’s finding that the Commission acquired title to two acres of land by adverse possession and dismissing counterclaims, holding that the Commission proved the elements of adverse possession and that as a result the appellants’ counterclaims for trespass, unlawful withholding possession, and unjust enrichment were properly dismissed.
(6-3-0: Wilson and McDonald concurred in part and in the result without writing; Westbrooks concurred in result only without writing)

Other Orders

None

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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 17, 2024

The Mississippi Court of Appeals handed down six opinions in what appears to be the last slate of decisions from Mississippi’s appellate courts in 2024. There are two direct criminal appeals, three PCR cases, and a $1M+ personal injury verdict.

Williams v. State, 2023-KA-00346-COA (Criminal – Felony)
Affirming conviction of first-degree murder, holding that the trial court did not admit inadmissible hearsay by allowing an officer to testify about limited information that guided his investigation and that State did not improperly comment on the defendant’s failure to testify.
(4-4-1: McCarty dissented, joined in part by Barnes, Wilson, McDonald, and Lawrence; Westbrooks did not participate)

Parker v. State, 2023-KA-00550-COA (Criminal – Felony)
Affirming conviction of two counts of fourth-offense simple domestic violence, holding that the trial court erred in admitting affidavits containing facts about the defendant’s prior offenses but that the error was harmless, that the trial court did not err in admitting the victim’s prior statement through her probation officer, and that because there was just one harmless error the doctrine of cumulative error did not apply.
(8-2-0: Westbrooks and McDonald concurred in part and in the result without writing)

Lawson v. State, 2023-CP-01008-COA (Civil – PCR)
Affirming the trial court’s order denying a PCR motion, holding that there was no clear error or abuse of discretion.
(10-0)

Moore v. State, 2023-CP-01147-COA (Civil – PCR)
Affirming denial of PCR mtoion, holding that the claimant did not prove that his guilty plea was involuntary or that his counsel was ineffective.
(7-1-1: Westbrooks concurred in result only without writing; McDonald concurred in part and dissented in part without writing; Weddle did not participate)

Pilot Travel Centers, LLC v. Womack, 2023-CA-00035-COA (Civil – Personal Injury)
Affirming a judgment after plaintiff’s jury verdict in a slip-and-fall case where the plaintiff slipped and fell on a collapsed wet-floor sign, holding that a reasonable jury could find that the collapsed wet-floor sign constituted an unreasonably or unusually dangerous condition and that the defendant had constructive knowledge of the condition, and that the trial court did not abuse its discretion denying the motion for new trial that argued that expert testimony should not have been admitted, that the plaintiff’s attorney made improper statements during closing arguments, and that the non-economic damages (that the trial court reduced from $3M to $1M) was still excessive in light of the $393,000 award of compensatory damages.
(6-2-2: Westbrooks concurred in part and in the result without writing; Emfinger concurred in result only without writing; Wilson dissented, joined by Barnes and joined in party by Westbrooks)

Practice Point – The majority and the dissent agreed that the plaintiff’s “safety expert” should not have been allowed to testify as such.

Ball v. State, 2023-CP-00890-COA (Civil – PCR)
Affirming the trial court’s denial of the claim for PCR, holding that the claimant waived his argument that his right to be free from Double Jeopardy.
(9-1-0: Westbrooks specially concurred, joined by Barnes and McDonald)

Other Orders

None.

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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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Mississippi Court of Appeals Decisions of December 3, 2024

The Mississippi Court of Appeals handed down seven opinions today. It was a big day for real property and wills. There are also two criminal appeals, an MTCA personal injury case, and a PCR case.

Pham v. Miner, 2023-CA-00266-COA (Civil – Real Property)
Reversing the chancellor’s decision in a dispute over ownership of a parcel, holding that the chancellor erred in finding that a deed was defective and subject to interpretation with parol evidence and further that the chancellor failed to make a specific ruling on the adverse possession claim.
(9-0: Smith did not participate)

Estate of Forkner: Berry v. Forkner, 2023-CA-00707-COA (Civil – Wills, Trusts & Estates)
Affirming in part and reversing in part the chancellor’s rulings related to the construction of a holographic will, holding that the chancellor did not err in admitting the will to probate, in finding that real property should pass by intestate succession, or in awarding personal property to one party, but reversing and remanding the issue of attorney’s fees for the chancellor’s failure to apply the McKee factors with supporting findings.
(8-1-1: Westbrooks concurred in result only without writing; McDonald concurred in part and dissented in part without writing)

Lewis v. State, 2023-CP-01109-COA (Civil – PCR)
Affirming summary denial of PRC motion, holding that it was time-barred without applicable exception.
(9-0: Smith did not participate)

Booth v. State, 2023-KA-00906-COA (Criminal – Felony)
Affirming conviction of second-degree murder, holding after review of Lindsey brief and the record that there are no arguable issues on appeal.
(10-0)

Lucas v. State, 2023-KA-01015-COA (Criminal – Felony)
Reversing conviction of malicious mischief, holding that malicious mischief is not a lesser-included offense of the indicted offense of burglary of a dwelling.
(9-1-0: Lawrence concurred in part and in result without writing)

Smith v. Anderson, 2022-CA-00959-COA (Civil – Real Property)
Affirming the chancellor’s decision in a dispute among cousins over 159 acres, holding that the chancellor did not err in dismissing a counterclaim of adverse possession or in “failing to address” affirmative defenses that were not pursued, and that an issue not raised in the chancery court was waived on appeal.
(10-0)

Berry v. Jackson County, 2023-CA-00643-COA (Civil – Personal Injury)
Affirming summary judgment in favor of the County in an MTCA suit stemming from a collision with a suspect who was fleeing law enforcement, holding that the plaintiff did not present evidence that the County acted in reckless disregard of her safety.
(5-3-0: Wilson and McDonald concurred in part and in result without writing; Westbrooks concurred in result only without writing; Lawrence and Smith did not participate)

Other Orders

Hyland v. State, 2023-CA-00256-COA (denying rehearing)
Aldridge v. South Tippah County School District, 2023-CA-00418-COA (denying rehearing)
Estate of Johnson: Manners v. Estate of Johnson, 2023-CA-00823-COA (denying rehearing)

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Mississippi Court of Appeals Decisions of November 19, 2024

The Mississippi Court of Appeals handed down two opinions today. Both are direct criminal appeals. I will be out of the office on Thursday, so I’ll include this week’s Mississippi Supreme Court decisions in a post next week.

Smith v. State, 2023-KA-00703-COA (Criminal – Felony)
Affirming conviction of of burglary of a dwelling and possession of a weapon as a felon, holding that the verdict was not against the overwhelming weight of the evidence where the jury was presented with two different narratives of the altercation and performed its duty to weight the credibility of the competing evidence.
(10-0)

Ellzey v. State, 2022-KA-00797-COA (Criminal – Felony)
Affirming conviction of three counts of fondling, holding that the trial court did not err in denying the motion to quash the indictment, in finding that an alleged statement by a juror regarding the incompetency of a government agency did not constitute impermissible outside influence, in limiting cross-examination of a witness, in not excluding or limiting counseling records under the plain error doctrine, in overruling the defendant’s objection to allegedly speculative testimony, in overruling a hearsay objection because the testimony was not offered to prove the truth of the matter asserted, in overruling an objection to other allegedly speculative testimony (or committed harmless error), in overruling an objection to testimony that allegedly vouched for the victim’s credibility, or in not sua sponte objecting to statements in closing argument, and dismissing the ineffectively assistance of counsel claim without prejudice, holding that there could be no cumulative error where there was at most one harmless error, and holding that other issues were waived for failure to raise them in the trial court.
(9-1-0: McCarty specially concurred, joined by Westbrooks and McDonald)

Other Orders

Martin v. Arceneaux, 2022-CA-01035-COA (denying rehearing)
Smith v. Mitchell, 2023-CA-00259-COA (denying rehearing)
Carpenter v. State, 2023-KA-00580-COA (denying rehearing)
Shipp v. State, 2023-KA-00655-COA (denying rehearing)

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Mississippi Court of Appeals Decisions of November 12, 2024 (and one from November 7)

The Mississippi Court of Appeals handed down three opinions today: one MTCA personal injury case, one direct criminal appeal, and one claim against the parole board. The Court also handed down one opinion on Thursday of last week in a direct criminal appeal.

Alexander v. State, 2023-KA-00331-COA (Criminal – Felony) (Nov. 7, 2024)
Affirming conviction of six counts of exploitation of a child and sentence to forty-years for each court to run consecutively, holding (Part One) that the trial court did not err in denying the motion to sever the six counts of child exploitation; the trial court did not err in denying a generic motion to exclude prior bad acts or in ruling on subsequent objections to testimony of prior bad acts during trial; the trial court did not err in overruling the defendant’s objections during trial to opening statement comments, to questions during various witness examinations, or to the introduction of a photographs of the defendant and a victims; the trial court did not err in denying a motion for mistrial after a witness mentioned conduct related to one of the severed counts; (Part Two) there was sufficient evidence to support the conviction; the verdicts were not contrary to the overwhelming weight of the evidence; and the sentence was not grossly disproportionate to the crimes.
As to Part One, 8-1: McDonald concurred in part and dissented in part without writing; Carlton did not participate.
As to Part Two, 6-1-2: Wilson concurred in result only; Emfinger dissented in part, joined by Barnes; Carlton did not participate.

Allred v. Tishomingo County, 2023-CA-00569-COA (Civil – Personal Injury)
Affirming judgment in favor of the County after an MTCA bench trial in a personal injury action that arose after a limb fell on the roof of the plaintiffs’ vehicle, holding that the County had no statutory duty to inspect or maintain the right-of-way, that the County had no actual or constructive notice that the tree was a dangerous condition, that the County did not proximately cause the damages, that the trial court’s analysis of expert testimony was not mainfestly wrong or clearly erroneous, and that the trial court did not abuse its discretion admitting opinions from the County’s expert.
(10-0)

PRACTICE POINT– The County moved to strike the plaintiffs’ reply brief or portions of it on the grounds that it referenced materials that were not designated as part of the record on appeal. The Court denied the motion to strike as moot because it declined to consider the documents that were not in the record on appeal pursuant to M.R.A.P. 10 and 30(a).

Walker v. State, 2023-KA-00860-COA (Criminal – Felony)
Affirming conviction of statutory rape, holding that the trial court did not err in denying a motion to suppress the interrogation video where the defendant argued his statement was improperly obtained after he requested counsel because the defendant did not actually invoke his Sixth Amendment right to counsel with regard to the charged offense, holding that the confession was voluntary, and holding that the verdict was not against the overwhelming weight of the evidence.
(9-1-0: McCarty concurred in result only without writing)

Siggers v. Mississippi Parole Board, 2023-CP-00900-COA (Civil – Other)
Affirming the trial court’s dismissal of the petitioner’s “show cause motion” seeking the compel the Parole Board to show case as to why his parole was denied and was not set for hearing until 2025, holding that the trial court correctly determined that it lack authority to review the parole board’s decision to deny parole and set off the parole hearing.
(8-2-0: Westbrooks and McDonald concurred in part and in the result without writing)

Other Orders

Scott v. State, 2022-KA-00830-COA (denying rehearing)
Morland v. Morland, 2023-CA-00237-COA (granting appellee’s motion for appellate attorney’s fees)
Weeks v. Weeks, 2023-CA-00427-COA (denying rehearing)
Walker v. Hasty, 2023-CA-00675-COA (denying motion for appellate attorney’s fees)
Corr Properties, LLC v. Proctor, 2023-CA-00782-COA (granting motion for appellate attorney’s fees)
Miller v. State, 2023-CP-00812-COA (dismissing motion for rehearing as untimely)
Thadison v. State, 2024-TS-00389-COA (granting pro se motion to recall mandate and reinstate appeal)
Mallett v. State, 2024-TS-01091-COA (allowing appeal to proceed as appellant’s response to show-cause notice was well taken)
Rodgers v. State, 2024-TS-01116-COA (suspending deadline to appeal pursuant to M.R.A.P. 2(c) and allowing appeal to proceed)

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