Tag: Motion to Suppress

Mississippi Supreme Court Decisions of July 2 and July 23, 2026

The Mississippi Supreme Court returned from the summer hand-down slowdown with four opinions today. Each one is a direct criminal appeal.

I was out of town on July 2nd and there were no substantive opinions so I did not post then. But there were five orders entered and, remarkably, a per curiam affirmance that I had to note.

July 2, 2026

McGuire v. Martin, 2025-CA-00736-SCT (per curiam affirmance)

Other Orders

  • Fraser v. State, 2023-CT-0129-SCT (denying cert)
  • Carroll v. State, 2024-CT-00481-SCT (denying cert)
  • Price v. Hines County School District, 2024-CT-00841-SCT (denying cert)
  • Polk v. State, 2025-CT-00260-SCT (denying cert)
  • Bradford v. State, 2025-M-000649 (denying application for leave to file PCR petition)

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July 23, 2026

Sanders v. State, 2024-KA-01270-SCT (Criminal – Felony)
Affirming convictions of sexual battery and molestation, holding that the defendant did not properly object and preserve arguments regarding an alleged discovery violation and that the verdict was not against the overwhelming weight of the evidence, and holding that the arguments made in the defendant’s pro se brief were waived or without merit.
(7-0: Sullivan for the Court)

Sims v. State, 2024-KA-00642-SCT (Criminal – Felony)
Affirming convictions of sexual battery, felonious child abuse, and exposure to HIV, holding that the admission into evidence of an affidavit from MDH’s record custodian and MDH surveillance records regarding HIV status, without allowing him to cross-examine the custodian, was not a Confrontation Clause violation and that there was sufficient evidence to support the conviction.
(7-0: Ishee for the Court)

Eacholes v. State, 2025-KA-00081-SCT (Criminal – Felony)
Affirming conviction of one count of possession of meth, holding that the Circuit Court did not err in denying a motion to suppress because there was a substantial basis for the probable cause determination at the time warrants were issued.
(6-1-0: Griffis for the Court; King concurred in result only without writing)

Rencher v. State, 2025-KA-00656-SCT (Criminal – Felony)
Affirming conviction of child exploitation and life imprisonment, holding that argument regarding the authentication of evidence was waived for failure to object and without merit because the records at issue were self-authenticating, and that there was no grounds for relief in the pro se brief.
(7-0: Griffis for the Court)

Other Orders

  • In Re: State Intervention Courts Advisory Committee, 89-R-99039-SCT (appointing Heath Ferguson as a member of the State Intervention Courts Advisory Committee and designating Katharine M. Surkin as the committee’s chair)
  • Nelson v. State, 2023-CT-00647-SCT (dismissing cert)
  • Clark v. State, 2023-CT-01116-SCT (granting cert)
  • Thornton v. Thornton, 2024-CT-00320-SCT (denying cert)
  • The Estate of Dorsey V. Matory, 2024-CT-00925-SCT (denying cert)
  • Daenbunga v. State, 2024-CT_01122-SCT (denying cert)
  • Hewitt v. TJM Properties, Inc., 2024-CA-01312-SCT (denying motion to recall mandate)
  • Godbolt v. State, 2025-DR-00524-SCT (denying motion to stay initial post-conviction proceedings)
  • Ambrose v. State, 2025-DR-00745-SCT (denying motion for leave to invoke discovery in circuit court and further support of evidence related to the reliability of petitioner’s conviction and the fairness of his trial)
  • In Re: Administrative Orders of the Supreme Court of Mississippi, 2026-AD-00001-SCT (directing the disbursement of $201,969.58 in civil legal assistance funds among the MS Center for Legal Services, MS Volunteer Lawyers Project, and North MS Rural Legal Services)
  • In Re: Mississippi Department of Child Protection Services, 2026-M-00743 (On the Emergency Motion to Stay County Court Orders and since the Legislature’s Youth Court statutes of confidentiality and disclosure have been repealed effective July 1, 2026, the Orders for Limited Disclosure of Youth Court Records entered by the Youth Courts of Lamar County, Jackson County, Lafayette County, and any other courts of the State of Mississippi having jurisdiction over youth courts are not to be enforced until further order of this Court; the penalty in Mississippi Code Section 43-21-267(1) temporarily is suspended; and until further order of this Court Rule 5 of the Uniform Rules of Youth Court Confidentiality of Records and Proceedings and its Comments and Procedures are immediately and temporarily amended as stated in this order. This order is executed and effective on July 2, 2026, nunc pro tunc, July 1, 2026, and shall expire on July 24, 2026)
  • In Re: Mississippi Department of Child Protection Services, 2026-M-00743 (terminating from and after the date of entry of this order this Court’s Temporary Order entered on July 2, 2026, nunc pro tunc July 1, 2026, amending Rule 5 of the Uniform Rules of Youth Court Practice)

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Mississippi Supreme Court Decisions of August 21, August 28, and September 4

I have been swamped the last few weeks and find myself behind on summaries. One contributing factor is that my firm, Wilkins Patterson, relocated at the end of August. In one form or another, the firm has resided at One LeFleur’s Square on Old Canton Road in Jackson for decades. That location served the firm well, and it was not left without a heap of nostalgia and a tinge of sadness. But as Bob Dylan reminds us, “He not busy being born is busy dying.” This move marks an exciting chapter of growth and opportunity for the firm that we are immensely thankful for. You can find us at 690 Towne Center Boulevard in Ridgeland.

With this post, we are caught up on Mississippi Supreme Court decisions. We may not ever catch up on the Court of Appeals decisions from the past three weeks. This is due, in part, to the fact that over that period of time the Court of Appeals handed down twenty opinions and the Supreme Court handed down four. If you are so inclined, you can follow these links to the COA hand downs: August 19, August 26, and September 2. Read on for Supreme Court decisions…

August 21, 2025

No Opinions

Other Orders

  • Parker v. State, 2023-CT-00550-SCT (denying cert)
  • Mount v. State, 2023-CT-00807-SCT (denying cert)
  • Turner v. State, 2023-CT-01167-SCT (denying cert)
  • Lynch v. State, 2024-M-01275 (finding that the application for leave to proceed in the trial court was frivolous and warning that future frivolous filings may result in sanctions)
  • Priority One Bank v. Hall, 2025-IA-00939-SCT (granting emergency petition for interlocutory appeal)

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August 28, 2025

Reyes v. State, 2024-KA-00590-SCT (Criminal- Felony)
Affirming conviction of capital murder and life sentence, holding that the trial court did not err in denying the defendant’s motion suppress statements he made to law enforcement, that the State did not vouch for a witness’s credibility, that the issue of whether it was error to allow the State to play portions of a witness’s interview with law enforcement was procedurally barred, and that the ineffective-assistance-of-counsel arguments did not require reversal.
(9-0: Griffis for the Court)

Busby Outdoor LLC v. Ditto, 2024-IA-00209-SCT, consolidated with No. 2024-CA-00258-SCT (Civil – Other)
Reversing the chancery court’s injunction enforcing the City’s sign ordinance on a billboard situated on state-owned land, holding that “[t]he zoning ordinances must yield in this case to state sovereignty.”
(9-0: King for the Court)

Note – I thought for a moment that the Mississippi Supreme Court was about to tackle some big theological issues.

Though it passed on the issue of God’s sovereignty, the Court did hold in this case that that the created could not regulate its creator.

Other Orders

  • Sims v. State, 2017-M-01379 (finding that the application for leave to proceed in the trial court was frivolous and warning that future frivolous filings may result in sanctions)
  • Chamberlin v. State, 2022-DR-00546-SCT (granting cert)
  • Boone v. State, 2023-CT-00684-SCT (denying cert)
  • Burnette v. State, 2023-SCT-01330-SCT (denying cert)

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September 4, 2025

Smith v. State, 2024-KA-00675-SCT (Criminal – Felony)
Affirming conviction of aggravated assault, holding that the trial court did not err in admitting lay opinion testimony from the victim’s treating physicians and that trial counsel was not ineffective for failing to object to that testimony.
(9-0: Chamberlin for the Court)

Sunshine Mills, Inc. v. Nutra-Blend, LLC, 2023-CA-01208-SCT (Civil – Torts)
Reversing the trial court’s grant of summary judgment for the defendant, holding that the Mississippi Products Liability Act did not govern the claims for breach of contract and implied warranty because they sounded in contract and did not allege damage stemming from a defective product.
(9-1-0: Coleman for the Court; Randolph concurred in the result only without writing)

Other Orders

  • In Re: Rules of Discipline for the Mississippi Bar,  89-R-99010-SCT (appointing or reappointing Hon. Haydn J. Roberts, John G. Holaday, Amy K. Taylor, Hon. Jennifer T. Schloegel, David A. Pumford, Jeremy T. England, Hon. Kelly D. Mims, Jason D. Herring, and Rachel Pierce Waide to three-year terms (9/01/25 to 8/31/28) as members of the Complaint Tribunals.)
  • In Re: Commission on Continuing Legal Education, 89-R-99011-SCT (denying Petition of the Mississippi Commission on Continuing Legal Education to Amend Rule 1(d) of the Rules and Regulations for Mandatory Continuing Legal Education)
  • In Re: Rules Governing Admission to The Mississippi Bar, 89-R-99012-SCT (reappointing Pieter Teeuwissen, Marcie Fyke Baria, and Gwendolyn Baptist-Rucker to three-year terms (11/1/25 through 10/31/28) as members of the Mississippi Board of Bar Admissions)
  • Weatherly v. Weatherly, 2022-CT-00804-SCT (dismissing cert)
  • Star v. State, 2023-CT-00788-SCT (denying cert)
  • Haynes v. State, 2023-CT-00861-SCT (denying cert)
  • Brown v. Madison County Board of Supervisors, 2024-EC-01059-SCT (denying rehearing)

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Mississippi Court of Appeals Decisions of May 28, 2024

The Mississippi Court of Appeals handed down six opinions today. All are criminal law or criminal law adjacent, however there is one case discussing the form of the jury’s verdict that is more broadly applicable.

McDonald v. State, 2022-KA-01073-COA (Criminal – Felony)
Affirming conviction of possession of a firearm by a felon, holding that the verdict was not against the overwhelming weight of the evidence.
(8-2-0: Westbrooks and McDonald concurred in result only without separate written opinion)

Wilson v. State, 2023-CA-00070-COA (Civil – PCR)
Affirming denial of motion for PCR, holding that the motion was untimely and that the petitioner failed to establish an exception to the time bar.
(9-1-0: McDonald concurred in result only without writing)

Lathan v. State, 2022-KA-00927-COA (Criminal – Felony)
Affirming a juvenile’s conviction of second-degree murder and 40-year sentence, holding that the court did not err by accepting a verdict form that did not conform to the instructions but that nonetheless conveyed the jury’s intent in a reasonably clear manner and did not err in sentencing the juvenile because neither Jones nor Miller applied.
(10-0)

NOTE – Here is the Court’s explanation of the verdict form:

The Court also noted that the defendant did not object and that the jury was polled and that all agreed with the verdict.

PRACTICE POINT – This decision is worth reading for its succinct discussion on the form of the verdict issue. It packs a lot into two pages and may come in handy for your next big verdict form dispute.

Haley v. Brewer, 2023-SA-00571-COA (Civil – State Boards and Agencies)
Affirming the trial court’s denial of an inmate’s suit protesting a facility transfer, holding that the inmate had no protected liberty interest in his housing assignment within MDOC.
(10-0)

Spralls v. State, 2023-KA-00347-COA (Criminal – Felony)
Affirming conviction of burglary of an automobile, holding that a review of counsel’s Lindsey brief and an independent review of the record that there was no reversible error.
(10-0)

Turnage v. State, 2023-KA-00432-COA (Criminal – Felony)
Affirming conviction of possession of a controlled substance, holding that the trial court did not err in denying the defendant’s motion to suppress because there was substantial evidence that the police had probable cause to search his vehicle under the plain view exception or in finding the automobile exception allowed for a complete search of his truck.
(8-2-0: McDonald concurred in part and in the result without writing; Westbrooks concurred in result only without writing)

Other Orders

  • Hunter v. State, 2022-CP-01269-COA (dismissing untimely pro se motion for rehearing)
  • Gleason v. State, 2023-CP-00357-COA (denying rehearing)
  • Anderson v. Grabmiller, 2023-CA-00593-COA (dismissing appellee’s motion to strike appellant’s reply brief as moot after appellee’s notice of withdrawal and denying appellant’s motion for attorney’s fees and expenses)
  • Wilson v. State, 2023-CP-01050-COA (denying State’s motion to dsimiss and denying pro se appellant’s motion to preclude the State from filing a responsive brief)

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