Tag: MTCA

Mississippi Court of Appeals Decisions of August 25, 2026

The Mississippi Court of Appeals handed down four opinions today. There are two direct criminal appeals, a legal malpractice case stemming from an underlying MTCA case, and a custody case.

Hunt v. State, 2025-KA-00303-COA (Criminal – Felony)
Affirming conviction of first-degree murder and armed robbery, holding at the circuit court did not commit reversible error in its Batson rulings, did not abuse its discretion in refusing a proposed jury instruction on accomplice testimony. The convictions were supported by sufficient evidence, and that the verdict was not against the overwhelming weight of the evidence.
(8-2-0: Weddle for the court; Westbrooks and McDonald concurred in part and in the result without writing)

Smith v. Breese, 2024-CA-01441-COA (Civil – Legal Malpractice)
Affirming summary judgment for the defendant in a legal malpractice lawsuit, holding that the trial court did not err in finding that the claims in the underlying lawsuit were time-barred before the defendant attorney was retained in that matter, that the trial court did not err by failing to consider other claims because the plaintiff did not come forward with any summary judgment evidence on any viable claim against the attorney, and that the issue of whether the court erred by requiring the production of alleged privileged documents was moot because the grant of summary judgment did not rely on those documents.
(9-1-0: Emfinger for the court; McCarty concurred in part and in the result without writing)

Clark v. Belk, 2025-CA-00049-COA (Civil – Custody)
Affirming the chancery court’s decision in a custody matter, holding that the chancery court did not err in its Albright analysis or abuse its discretion in granting physical custody of the eldest daughter to the father and of the youngest daughter to the mother.
(10-0: McCarty for the Court)

Bracey v. Montgomery County, 2025-CA-00369-COA (Civil – Torts)
Affirming in part and reversing in part the circuit court’s grant of a motion for judgment on the pleadings in an MTCA case, holding that the malicious prosecution claim was properly dismissed but that the plaintiff’s claims for false arrest/imprisonment were not barred by the statute of limitations and that sufficient facts supporting them had been alleged.
(10-0: Wilson for the Court)

Other Orders

  • Odom v. State, 2023-KA-01165-COA (denying motion for reconsideration)
  • Lavant v. State, 2024-KA-00953-CAA (denying rehearing)
  • Patriot Inspects, LLC v. McKenzie, 2024-CA-010000-CAA (denying rehearing)
  • Pierre v. State, 2024-KA-01372-CAA (denying rehearing)
  • Rem v. Robinson Property Group, LLC, 2025-CA-00043-COA (denying rehearing)
  • Small v. Mississippi Department of Corrections, 2025-CP-00654-COA (denying rehearing)
  • Winston v. State, 2025-CP-01405-COA (dismissing appeal as moot)
  • Gray v. State, 2025-TS-01449-COA (dismissing untimely motion for reconsideration)
  • Vlasak v. State, 2026-TS-00362-COA (dismissing appeal)
  • Pickens v. State, 2026-TS-00833-COA (allowing appeal to proceed)

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Mississippi Court of Appeals Decisions of August 18, 2026

The Mississippi Court of Appeals handed down eight opinions today on a wide range of areas of law. You can read a summary of each below.

Ramsey v. State, 2025-KA-00324-COA (Criminal – Felony)
Affirming conviction of kidnapping and contributing to the delinquency of a minor, holding that the trial court did not err in denying a request for proposed jury instruction on duress or in failing to sua sponte instruct the jury on the defense of necessity, that the ineffective assistance of counsel claim should be denied without prejudice to be raised on a PCR motion, that the cumulative error doctrine did not apply, and that the trial court did not commit plain error by failing to give a necessity instruction despite the lack of a request for such an instruction.
(9-1-0: Emfinger for the court; Wilson concurred in part and in the result without writing)

Powell v. Natchez Hospital Company, LLC, 2024-CA-01054-COA (Civil – Wrongful Death)
Affirming the circuit court’s grant of summary judgment in favor of the hospital and an intentional tort claim brought by the wrongful death beneficiaries of an employee of the hospital who contracted COVID and died from related complications, holding that the grant of summary judgment in favor of the Hospital was proper because the there was no evidence of tortious intentional conduct and therefore the claims were barred by the exclusivity provisions of the MWCA but that the dismissal should have been with prejudice.
(10-0: Westbrooks for the court)

Williams v. State, 2024-KA-01155-COA (Criminal-Felony)
Affirming conviction of first-degree murder, holding that the trial court did not err by refusing an injury instruction and the lesser included offense of heat-of-passion manslaughter.
(10-0: Wilson for the court)

Gatlin v. Hattiesburg Public School District, 2025-CP-00400-COA (Civil-Torts)
Affirming summary judgment in an MTCA claim against a school district for negligent supervision, holding that the evidence showed that the school district exercised ordinary care and took reasonable steps to minimize foreseeable risks.
(10-0: Carlton for the court)

Buskirk v. Hodge, 2024-CA-01208-COA (Civil – Custody)
Affirming the Chancellor’s ruling in a custody dispute, holding that the chancellor did not commit manifest error in granting the father’s motion for modification and awarding awarding joint legal custody and extended visitation.
(10-0: Barnes for the court)

Estate of Thompson: Thompson v. Bird, 2024-CA-01414-COA (Civil – Wills, Trusts & Estates)
Reversing the Chancellor’s order dismissing a petition to reopen an estate as time barred that was filed sixteen years after the estate was closed, holding that the heirs sufficiently pleaded that the right to contest the will had been fraudulently concealed so concealment fraud provision of section 91-7-23 applied and extended the statute of limitations.
(6-4: McDonald for the Court; Weddle dissented, joined by Barnes, Carlton, and Wilson)

Chatman v. State, 2025-KA-00170-COA (Criminal – Felony)
Affirming re-sentencing for two counts of gratification of lust on remand for retrial or re-sentencing, holding the circuit court did not err by failing to recuse herself or by sentencing the defendant to what he believed to be a harsher sentence for appealing his conviction.
(7-2-0: Weddle for the court; Westbrook specially concurred, joined by Lassitter St. Pe’; McDonald did not participate)

ABG Contractors, Inc. v. Graham, 2025-CA-00329-COA (Civil – State Boards and Agencies)
Reversing the chancery court’s grant of summary judgment in favor of the department of revenue, holding that the company had presented sufficient evidence in its claims appealing an audit assessment.
(7-1-2: Lawrence for the court; Wilson concurred in result only without writing; McDonald concurred in part and dissented in part without writing; McCarty dissented, joined in part by McDonald)

Other Orders

  • In the Interest of J.S.: Betsi S. v. the Mississippi Department of Child Protection Services, 2024-CP-01061-COA (denying rehearing)
  • Carter v. State, 2024-SA-01131-COA (denying rehearing)
  • Nettles v. Nettles, 2024-CA-01263-COA (denying rehearing)
  • Ashby v. State, 2025-CP-00076-COA (denying rehearing)

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Mississippi Supreme Court Decisions of August 6, 2026

The Mississippi Supreme Court handed down seven decisions yesterday. It was an eventful day with three med mal cases (one under the MTCA), a real property case, two direct criminal appeals (one death penalty case), and a public employment termination case. Of these seven cases, there were four reversals including two on cert. There is a noteworthy special concurrence in the MTCA case that garnered a majority of the votes which, in that case, was four out of six participating votes. I would be remiss if I did not also note the appearance of a concurrence dubitante.

Johnson v. Cleveland, 2023-CT-01011-SCT (Civil – Real Property)
Reversing the Court of Appeals and reinstating the judgment of the circuit court on cert, holding that the plaintiff has standing to assert her adverse possession claim.
(4-1-2: Coleman for the Court; Randolph concurred dubitante; Brannning dissented, joined by Griffis; Wilson did not participate)

Upchurch v. Lewis, 2023-CT-01296-SCT, consolidated with Lewis v. Upchurch, No. 2024-CT-00396-SCT (Civil – Med Mal)
Reversing the Court of Appeals and reinstating the judgment of the circuit court on cert, holding that there was sufficient evidence presented to support the jury’s verdict in favor of the defendants and that the circuit court therefore did not err in denying the motion for JNOV and new trial.
(7-0: Griffis for the Court)

University of Mississippi Medical Center v. Carter, 2024-IA-00038-SCT (Civil – Med Mal)
Reversing the trial court’s denial of a motion for summary judgment based on the MTCA statute of limitations on interlocutory appeal, holding that the statute of limitations was not tolled by the discovery rule.
(5-4*-0: Branning for the court; *Coleman specially concurred, joined by Ishee, Griffis, and Branning; Randolph and Wilson did not participate)

Practice Point – Coleman’s special concurrence garnered the support of three fellow justices giving it a total of four votes. With the addition of Judge Celeste Embry Wilson to the Court, we are now up to are eight justices. But neither Justice Wilson nor Chief Justice Randolph participated in this case. That means that the special concurrence received four of the six votes in the case. In other words, a majority. Here is the conclusion of the special concurrence.

The special concurrence did not say it did overrule Barnes and Caves and hold that there is no discovery rule under the MTCA, but that it would. Justice King and Justice Sullivan did not join the special concurrence. It looks like all it would take in the next case is Chief Justice Randolph, newly appointed Justice Wilson, or the yet-to-be-appointed ninth justice to get on board with the special concurrence’s position to bring that change to fruition.

Brown v. Davey-Sullivan, 2024-CA-00693-SCT (Civil – Med Mal)
Affirming the circuit courts grant of summary judgment in a medical malpractice case, holding that the plaintiff failed to produce the required expert testimony to establish a triable claim.
(6-1: Griffis for the Court; Coleman dissented; Wilson did not participate)

Heard v. State, 2024-DP-00802-SCT (Criminal – Death Penalty – Direct Appeal)
Affirming capital-murder conviction and death sentence, holding that the trial court did not commit plain error by admitting certain testimony, that the ineffective assistance of counsel claim should be denied without prejudice; that the trial court did not err by allowing a lay witness to give certain opinions; that the trial court did not err in excluding a character witness’s opinion testimony about the defendant’s truthfulness; that the trial court did not err by failing to make a reliability determination about testimony regarding a software program used to extract information from cell phones; that the sentence was not constitutionally disproportionate; that the trial court did not err by giving a sentencing instruction regarding heinous atrocious, or cruel aggravating circumstances because it was supported by sufficient evidence; that the death sentence was not unconstitutional, cruel, and unusual punishment; and that section 99-19-105(3) is not applicable.
(7-0: Griffis for the Court; Wilson did not participate)

Coahoma County School District Board of Education v. Moore, 2024-IA-01316-SCT (Civil – State Boards and Agencies)
Reversing the county court’s denial of summary judgment for the school board, holding that the plaintiff’s claims for unpaid compensation under theories of quantum meruit and unjust enrichment were foreclosed by the minutes rule.
(6-1: Branning for the court; Coleman dissented; Wilson did not participate)

Bozard v. State, 2025-KA-00393-SCT (Criminal – Felony)
Affirming conviction of felony evasion, holding that the conviction was supported by sufficient evidence.
(7-0: Randolph for the Court)

Other Orders

  • Mississippi Bar v. Owens, 2026-BD-00754-SCT (accepting Jody E. Owens’s resignation with prejudice from the Mississippi Bar, and such resignation shall be tantamount to proof of guilt on the matter charged, and ordering that Jody E. Owens II is hereby immediately and permanently disbarred from the practice of law in the State of Mississippi)
  • In Re: The Mississippi Access to Justice Commission,   89-R-99032-SCT (appointing or reappointing the following Commissioners of the Mississippi Access to Justice Commission for terms ending on June 30, 2029: Justice Leslie King; Mary Purvis; Judge Richard “Wes” Ryals, II; Catherine Servati; Patrick Bryan; Chancellor E. Vincent Davis; and Representative Justis Gibbs, and thanking the following outgoing Commissioners for their dedicated service: David Calder; Dan Hall; and Judge Denise Owens.)
  • Gray v. State, 2023-CT-01270-SCT (denying cert)
  • Williams v. State, 2024-CT-00257-SCT (denying cert)
  • Brown v. State, 2024-CT-00489-SCT (denying cert)
  • White v. State, 2024-CT-00658-SCT (denying cert)
  • Norman v. State, 2024-CT-01107-SCT (Denying cert)
  • Winn v. State, 2024-CT-01280-SCT (denying cert)
  • In The Matter Of: The Application of Mollie Parsons Sells for Recognition Under The Servicemembers Civil Relief Act, 50 U.S.C. Sec. 4025a, 2025-M-00821 (granting Petition for Limited Order Authorizing the Board of Bar Admissions to Grant Application for Admission to Practice Law Under the Servicemembers Civil Relief Act, 50 U.S.C. § 4025a)

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Mississippi Supreme Court Decisions of April 2, 2026

The Mississippi Supreme Court handed down to opinions today. One is an appeal of an MTCA personal injury award and the other stems from a messy domestic relations matter involving a criminal contempt issue.

City of Jackson v. Lawson, 2024-CA-01174-SCT (Civil – Personal Injury)
Affirming a personal injury award under the MTCA, holding that the City was not immune where it had prior knowledge of a pothole that caused the injury.
(6-1: Coleman for the Court; Branning dissented without writing)

Jones v. Jones, 2024-CA-00690-SCT consolidated with 2024-CA-01307-SCT (Civil – Domestic Relations)
Vacating the chancellor’s order imposing sanctions for criminal contempt and remanding the case for the chancellor to recuse from contempt proceedings and ordering the return of a $1,500 sanction; affirming the chancellor’s order requiring one party to reimburse the other party for medical debt of her child by another man; declining to require the chancellor to recuse from future cases involving one party of its attorneys; and declining to refer the chancellor to the judicial performance commission.
(5-1: Randolph for the Court; Griffis concurred in part and dissented in part, joined in part by Coleman and Ishee)

Other Orders

  • Cameron v. Miller, 2023-CT-01388-SCT (denying cert)
  • Cooper v. State, 2024-CT-00592-SCT (denying cert)
  • Mayfield v. State, 2024-KA-00822-SCT (denying rehearing)
  • Bennett v. State, 2025-DR-01074-SCT (granting motion to seal exhibits)

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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 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 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 13, 2026

The Mississippi Court of Appeals handed down six opinions today. There is a couple of domestic relations cases, one of which turns on an appellate jurisdiction issue. Then there are two direct criminal appeals, an MTCA case, and attorney’s fees case.

In Re Guardianship of K.G.W.: Garland v. Bunch, 2024-CA-01325-COA (Civil – Domestic Relations)
Dismissing appeal stemming from a guardianship, holding that the Court lacked jurisdiction on the appeal taken under section 11-43-53 because there had been no trial of a habeas corpus.
(10-0: Lassitter St. Pe’ for the Court)

O’Quin v. Davaul, 2024-CP-01327-COA (Civil – State Boards & Agencies)
Affirming dismissal of a complaint against the county tax assessor and granting judgment on the pleadings for failing to comply with MTCA requirements, holding that the pro se appellant’s arguments were without merit and were procedurally barred for failing to comply with the rules of appellate procedure.
(10-0: Lassitter St. Pe’ for the Court)

Fraser v. State, 2023-KA-01129-COA (Criminal – Felony)
Affirming conviction of culpable negligence manslaughter, holding that even if admission of emails and photographs from the victim’s phone showing past abuse was error it was harmless, that the trial court did not err in admitting an email from the defendant into evidence or in limiting the defendant’s expert witness’s testimony, and that the evidence was sufficient to support the conviction.
(8-2-0: Emfinger for the Court; Westbrooks and McDonald concurred in part and in the result without writing)

Elkins v. State, 2024-KA-00597-COA (Criminal – Felony)
Affirming conviction of aggravated assault, holding that there were no issues warranting reversal after reviewing counsel’s Lindsey brief and the record.
(10-0: Emfinger for the Court)

Covington County Bank v. Scott Tractor & Equipment Company, 2024-CA-01071-COA (Civil – Contract)
Reversing the circuit court’s denial of attorney’s fees, holding that the trial court abused its discretion in denying the request for attorney’s fees that was sought after the defendant paid the debt with accrued interest on the same day the creditor filed a motion for entry of default.
(7-3: Westbrooks for the Court; Emfinger dissented, joined by Wilson and Lawrence)

Aultman v. Aultman, 2024-CA-00746-COA (Civil – Domestic Relations)
Affirming in part and reversing in part in a divorce case, holding that the chancellor erred with respect to the valuation of a home and remanding to reconsider valuation and equitable distribution but holding that the chancellor did not err in valuing an ESIP, retirement, and PERS accounts, did not err in awarding attorney’s fees for successful contempt proceedings.
(8-1-0: Carlton for the Court: Wilson concurred in part and in the result without writing; Lassitter St. Pe’ did not participate)

Other Orders

  • Ryals v. State, 2023-KA-01192-COA (ordering the circuit clerk to supplement the appellate record with the transcript of the jury instruction conference by a date certain and further ordering that if it is not received by that date that the court reporter shall appear before the Court at a show cause hearing)

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Mississippi Court of Appeals Decisions of November 4, 2025

The Mississippi Court of Appeals handed down ten opinions yesterday. The Court covered a lot of ground including wills,the MTCA, felony convictions, an arbitration award, and arbitration agreement enforceability.

Pittman v. Charles Schwab & Co., Inc., 2024-CA-00619-COA (Civil – Torts)
Reversing the circuit court’s grant of a motion to compel arbitration, holding that the circuit court erred in finding that the plaintiff was a third-party beneficiary of an arbitration agreement.
(9-1: Weddle for the Court; Wilson dissented)

Ward v. State, 2024-KA-00341-COA (Criminal – Felony)
Affirming in part and reversing in part after a judgment of convictions of voyeurism and first-degree murder, holding that trial counsel was not ineffective for not requesting a severance or for failing to object to the State’s peremptory strikes and that the evidence was sufficient to support each of the convictions, but holding that the circuit court erred in refusing a heat-of-passion manslaughter instruction.
(7-3: Emfinger for the Court; Wilson and Westbrooks concurred in part and dissented in part without writing; Lawrence concurred in part and dissented in part, joined by Carlton and Westbrooks, joined in part by Wilson)

Roberts v. State, 2024-CA-00988-COA (Civil – PCR)
Reversing the trial court’s denial of a PCR motion, holding that because only one petition for revocation of Roberts’s PRS had been filed, the circuit court did not have the authority to impose her full sentence under section 47-7-37.
(6-4*-1: McDonald for the Court; Emfinger specially concurred, joined by Barnes, Weddle, and Lassitter St. Pe’, joined in part by Lawrence and McCarty; Wilson concurred in result only without writing; Lawrence dissented, joined in part by Emfinger and Weddle)

Fields v. State, 2024-KA-01204-COA (Criminal – Felony)
Affirming conviction of twenty-five counts of child exploitation, holding searches of the defendants laptops in Harrison County pursuant to a George County warrant were proper, and holding that the defendant cannot complain on appeal about the absence of a jury instruction his counsel strategically withdrew.
(10-0: McDonald for the Court)

Williams v. State, 2024-KA-00257-COA (Criminal – Felony)
Affirming conviction of manslaughter, holding that any error in limiting evidence related to the victim’s character did not warrant reversal in light of other evidence of guilt.
(8-2-0: Westbrooks for the Court; Wilson and Emfinger concur in result only without writing)

Jones v. Madison County Nursing Home, 2024-CA-00561-COA (Civil – Personal Injury)
Affirming the dismissal of a suit against a nursing home, holding that it was time-barred because it was filed outside of the MTCA’s one-year statute of limitations, holding that the County was not estopped from asserting the statute of limitations defense after the Board of Supervisors had responded to a pre-suit notice letter stating that the county was not a proper party.
(9-1-0: Wilson concurred in part and in the result without writing)

Chavers v. State, 2024-KA-00551-COA (Criminal – Felony)
Affirming conviction of two counts of manslaughter and one count of aggravated assault after driving a UTV into a group of people leaving a party, holding that the trial court did not abuse its discretion in giving a voluntary intoxication instruction, that the circuit court’s error in giving the jury the wrong set of jury instructions that error was harmless because it was corrected during deliberations, and that the verdict was supported by sufficient evidence.
(9-0: Wilson for the Court; Lawrence did not participate)

Estate of Fleishhacker: Ward v. Edwards, 2024-CA-00418-COA (Civil – Wills, Trusts & Estates)
Affirming the chancellor’s decision denying in a will contest, holding that the chancellor did not err in denying a request to probate a lost holographic will and finding an earlier will valid.
(7-2-0: Wilson concurred in part and in the result without writing; McDonald concurred in result only without writing; Weddle did not participate)

Practice Point – Though it did not affect the holding in the case, the Court held that the trial court erred in finding that one witness’s testimony was insufficient under section 91-7-10 because she was the primary beneficiary under the purported will. But the Court of Appeals noted that neither the chancellor nor the parties accounted for the repeal of the Dead Man’s Statute.

Gillespie Funeral Home, LLC v. Magnolia Guaranty Life Insurance Company, 2024-CA-00427-COA (Civil – Contract)
Affirming the chancellor’s decision after an arbitration award, holding that the chancellor did not err in denying a motion to set aside an arbitration award or in entering a final judgment confirming the award.
(9-1-0: Barnes for the Court; McDonald concurred in the result only without writing)

Sanford v. State, 2024-KA-00683-COA (Criminal – Felony)
Affirming a conviction of gratification of lust, statutory rape, and sexual battery, holding that the argument that the circuit judge should have recused himself after he was contacted by the victim’s father prior to trial was waived and without merit where the judge said he explained to the father that the could not talk about matters that could come before the court.
(9-1-0: Barnes for the Court; Westbrooks concurred in result only without writing)

Other Orders

  • Younger v. Southern, 2022-CA-01228-COA (denying rehearing)
  • Mangum v. State, 2023-KA-01198-COA (denying rehearing)
  • Morsi v. JB Hunt Corp., 2024-WC-00399-COA (denying rehearing)

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Mississippi Court of Appeals Decisions of September 30, 2025

The Mississippi Court of Appeals handed down five opinions yesterday. We closed out the month with a med mal/MTCA decision, a workers’ comp borrowed employee case, a felony conviction, a PCR case, and an MDOC administrative remedy case.

University of Mississippi Medical Center v. Giddens, 2024-CA-00842-COA (Civil – Wrongful Death)
Affirming judgment in favor of the plaintiff in a wrongful death med mal case brought under the MTCA, holding that the trial court’s decision that the decedent had not given informed consent for a procedure that constituted a breach of the standard of care and that the decision to perform that procedure during another procedure was a breach of the standard of care was supported by substantial credible evidence.
(10-0: St. Pe’ for the Court)

Walker v. State, 2024-CP-01032-COA (Civil – PCR)
Vacating and rendering judgment dismissing a PCR petition because the trial court lacked jurisdiction to consider the merits where the petition failed to first obtain permission from the Mississippi Supreme Court.
(10-0: McCarty for the Court)

Adams v. Hinds County School District, 2024-CA-00756-COA (Civil – Personal Injury)
Affirming the circuit court’s decision granting summary judgment in a personal injury case, holding that the trial court did not err in determining that the plaintiff (an employee of a staffing service) was a borrowed employee of the school district and that workers’ compensation was therefore her exclusive remedy.
(10-0: Wilson for the Court)

Walton v. State, 2024-KA-00818-COA (Criminal – Felony)
Affirming conviction of felony possession of stolen property, holding that the evidence was sufficient, that the trial could did not err in denying the motion for directed verdict or in refusing a peremptory instruction asserting that the State failed to prove the element of guilty knowledge, and that the verdict was not against the overwhelming weight of the evidence.
(10-0: Carlton for the Court)

Carroll v. State, 2024-CP-00875-COA (Civil – Other)
Affirming the circuit court’s dismissal of the petition for clarification of a sentencing order, holding that the circuit court reached the right result but for the wrong reason and explaining that the petition was untimely.
(7-3-0: Wilson, Westbrooks, and Emfinger concurred in part and in the result without writing)

Other Orders

  • Shipley v. Shipley, 2023-CA-00814-COA (denying rehearing)
  • Stephney v. State, 2023-KA-00936-COA (denying rehearing)
  • Mortera v. Kona Villa Owners Association, Inc., 2023-CA-01297-COA (denying rehearing)

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