MTCA – Page 2 – Mississippi Appeals Blog

Mississippi Supreme Court Decisions of June 19 and June 26, 2025

The Mississippi Supreme Court handed down two opinions last week and three this week. Among them, two election contests, a death penalty PCR case that was remanded, an MTCA personal injury case on interlocutory appeal, and a felony conviction.

June 19, 2025

Brown v. Madison County Board of Supervisors, 2024-EC-01059-SCT (Civil – Election Contest)
Affirming the circuit court’s decision in an election contest, holding that the circuit court did not err in denying a motion to disqualify the Board’s attorney and in affirming the Board’s decision approving the candidate’s candidacy.
(9-0: Randolph for the Court)

Clark v. State, 2022-DR-00829-SCT (Civil – Death Penalty – PCR)
Granting motion for PCR in a death-penalty case, holding that the case should be remanded to the circuit court for an Atkins hearing but otherwise denying relief under Batson and other issues.
(5-3-1: Sullivan for the Court; Randolph concurred in part and in the result, joined by Griffis and Branning, joined in part by Maxwell; King concurred in part and dissented)

Other Orders

Melom v. Stone County, Mississippi, 2024-KM-00782-SCT (per curiam affirmance)
In Re: Rules Governing Admission to The Mississippi Bar, 89-R-99012-SCT
Clark v. State, 2022-DR-00829-SCT (granting in part and denying in part motion for PCR or for leave to proceed in trial court with PCR motion)
Chung v. State, 2023-CA-00362-SCT (granting cert)
Powers v. State, 2023-DR-00895-SCT (denying cert)
Lawson v. State, 2023-CT-01008-SCT (denying cert)
Mississippi Baptist Medical Center, Inc. v. Tobias, 2024-M-01395-SCT (denying petition for interlocutory appeal)
The Progressive Corporation v. Hanberry, 2025-IA-00109-SCT (granting interlocutory appeal and deciding the case on the petition and response, affirming the denial of a motion to sever but reversing the trial court’s grant of partial summary judgment in the plaintiff’s favor insurance policy dec action)
The Mississippi Bar v. Horne-Murry, 2025-BD-00616-SCT (granting petition to transfer respondent to inactive disability status and referring to LJAP)

June 26, 2025

In Re: Republican Primary Runoff for Pearl River County Tax Collector/Assessor, Jo Lynn Houston v. Sandy Kane Smith, 2024-EC-00015-SCT (Civil – Election Contest)
Affirming on direct appeal and dismissing cross-appeal in an election contest, holding that the trial court did not err in ordering a special election in two precincts or in finding that certain vote challenges were mere technicalities.
(9-0: Branning for the Court; Randolph did not participate)

City of Jackson, Mississippi v. Maxie, 2023-IA-01314-SCT (Civil – Personal Injury)
Reversing the trial court’s denial of summary judgment in an MTCA personal injury action, holding that the plaintiff did not come forward with evidence that there was a dangerous condition of which the defendants had actual or constructive notice and time to correct or warn against.
(9-0: Coleman for the Court)

Cole v. State, 2024-KA-00041-SCT (Criminal – Felony)
Affirming conviction of one count of attempted statutory rape, holding that the admission of the victim’s interview did not violate the Confrontation Clause or amount to error under the evidentiary rules, that the admission of the CAD report with a date that was off by one century was not plain error, that there was no plain error in the admission of the State’s expert’s testimony on the victim’s veracity or the State’s characterization of that testimony, and that the cumulative error doctrine did not apply.
(9-0: King for the Court)

Other Orders

In Re: The Mississippi Access to Justice Commission, 89-R-99032-SCT ((1) directing the Mississippi Bar, effective July 1, 2025, to remit all pro hac vice fees received under M.R.A.P. 46(b)(5) monthly to the Administrative Office of Courts with two-thirds of the fees to be deposited in the Civil Legal Assistance Fund established by Miss. Code Section 9-21-43 (Rev. 2019) and one-third of the fees to be deposited in the Access to Justice Fund, and (2) directing the Mississippi Bar on or before November 1 of each year to file with this Court an annual report accounting for the receipt of all pro hac vice funds under Rule 46(b)(5))
In Re: The Mississippi Access to Justice Commission, 89-R-99032-SCT (order (1) directing the Mississippi Bar, effective July 1, 2025, to remit all funds received by it under Mississippi Rule of Professional Conduct 6.1 monthly to the Administrative Office of Courts to be deposited in the Access to Justice Fund, (2) directing the Mississippi Bar, effective July 1, 2025, to remit all funds currently held in Guaranty Bank Checking Account No. *2492 (The Mississippi Bar Access to Justice account) to the Administrative Office of Courts to be deposited in the Access to Justice Fund, and (3) directing the Mississippi Bar on or before June 1 of each year to file with this Court an annual report accounting for the receipt of all funds under Mississippi Rule of Professional Conduct 6.1.)
Ambrose v. State, 2022-DR-00949-SCT (granting State’s motion to dimiss)
Ambrose v. State, 2024-CA-00897-SCT (granting motion for voluntary dismissal)

Mississippi Supreme Court Decisions of April 3, 10, 17, and 24, 2025

Here is Part 2 of my April catch-up posting. The Mississippi Supreme Court handed down nine opinions over the past four weeks. On April 3, appellants went 2-1 with a wills and estates undue-influence case, a divorce case, and an MTCA case with a seven-justice special concurrence addressing confusion in the post-Brantley era. Over the following three weeks there was a case addressing a name-change petition on behalf of a minor undergoing gender transition. There is also a case where a majority of the supreme court justices were unhappy with–but affirmed–the application of one of the Court’s rules requiring a defense attorney had to pay jury costs as part of his client’s plea bargain.

April 3, 2025

In Re Estate of Autry: Autry v. Autry, 2023-CA-01300-SCT (Civil – Wills, Trusts & Estates)
Affirming the chancery court’s order invalidating warranty deeds and a last will and testament, holding that the will was invalid because it was not duly authenticated and that the warranty deeds were the product of undue influence.
(9-0)

Sistrunk v. Sistrunk, 2023-CA-01130-SCT (Civil – Domestic Relations)
Reversing the chancellor’s judgment in a divorce case, holding that the court erred by not making specific findings of fact supported by evidence for each of the Ferguson factors and that as a result the court also erred in its rulings on alimony, child support, use of the martial home, determination of marital assets, and attorney’s fees.
(9-0)

J.S. by and through Segroves v. Ocean Springs School District, 2023-CA-01009-SCT (Civil – Personal Injury)
Reversing the trial court’s grant of summary judgment in an MTCA case, holding (1) that discretionary-function immunity protected the defendant from claims that it failed to adopt sufficient policies and procedure, (2) that the plaintiff’s claims regarding negligent hiring, supervision, and training are claims sound in simple negligence and should not have been dismissed, and (3) that the plaintiff demonstrated a triable issue of fact on foreseeability.
(6-7*-1-0: Maxwell specially concurred, joined by Coleman, Chamberlin, Ishee, Griffis, Sullivan, and Branning; Griffis concurred in part and in the result without writing; Randolph did not participate)

Note – You know what that sound means… Justice Maxwell has written another special concurrence that garnered enough votes to have precedential effect. This concurrence addressed ongoing confusion in MTCA law after Wilcher overruled Brantley:

Other Orders

Georgen v. Estate of Brown-Barrett, 2023-CT-00344-SCT (denying cert)
Robinson v. State, 2023-KA-00773-SCT (denying rehearing)
Miller v. State, 2023-CT-00812-SCT (denying cert)
Adams v. State, 2025-M-00014 (denying petition for writ of habeas corpus in the nature of a post-conviction application, and finding that the filing was frivolous

April 10, 2025

Hawkins v. State, 2023-KA-00978-SCT (Criminal – Felony)
Affirming conviction of one count of sexual battery and two counts of fondling, holding that the conviction was supported by sufficient evidence and that the verdict was not against the overwhelming weight of the evidence, and that the second trial did not violate double jeopardy where the first trial ended in mistrial due to juror misconduct.
(9-0)

Other Orders

LaFleur v. State, 2022-CT-00500-SCT (denying cert)
Wilkerson v. Allred, 2023-CT-00393-SCT (denying cert)
Fox v. Allen Automotive, Inc., 2023-CT-00441-SCT (denying cert)
Phillips v. Forrest County Industrial Park Commission, 2023-CT-01132-SCT (dismissing cert petition)
Williams v. Mississippi Farm Bureau Casualty Insurance Company, 2023-CA-01225-SCT (denying rehearing)

April 17, 2025

In the Matter of S.M. v. Mississippi State Board of Health, 2023-CA-01379-SCT (Civil – Other)
Affirming the chancellor’s decision denying a minor female’s petition to legally change her name to a more masculine name as part of a gender transition, holding that the chancellor did not abuse her discretion in determining that the child needed to mature more before refiling her request and that the chancellor was not required to apply the Albright factors in reaching that decision.
(8-1: King dissented)

Mississippi Apartment Association v. City of Jackson, 2023-CA-01068-SCT (Civil – Other)
Affirming the chancery court’s decision granting a motion to dismiss an action seeking injunctions based on interpretations and enforcement of city ordinances, holding that the circuit court had exclusive jurisdiction in a previously-filed action challenging the City’s decision to adopt and also hand pendent jurisdiction over the equitable claims in chancery court.
(5-4: Coleman dissented, joined by Branning, Maxwell, and Griffis; Maxwell dissented, joined by Griffis, and joined in part by Coleman, and Branning)

In Re: Jex, 2024-CP-00291-SCT (Civil – Other)
Affirming the circuit court’s order requiring the defendant’s attorney to pay jury costs, holding that the record confirmed that the attorney voluntarily agreed to do so as part of negotiating a plea bargain for his client.
(4-5*-3: Chamberlin specially concurred, joined by Maxwell, Ishee, Griffis, and Branning; Sullivan dissented, joined by King and Coleman)

Note – Chamberlin’s special concurrence has a total of five votes giving it precedential value. Both the special concurrence and the dissent note some difficult facts in this case and the duress, albeit not “legal duress” the State put the defense attorney under.

Final Note – I count eight votes from the rule-making body unhappy with the application of a rule in this case (Rule 3.13 of the Uniform Civil Rules of Circuit and County Court Practice). See Newell v. State, 308 So. 2d 71 (Miss. 1975).

Other Orders

In Re: State Intervention Courts Advisory Committee, 89-R-99039-SCT (approving the designation of Katharine Surkin, Director of the Administrative Office of the Courts, of Justice Robert P. Chamberlin as Chair of the State Intervention Courts Advisory Committee and the following as members through December 31, 2026: Judge Michael M. Taylor, Judge Winston L. Kidd, Judge Robert Helfrich, Judge Charles E. Webster, Judge Kathy King Jackson, Judge Randi P. Mueller, Judge John White, Nathan Blevins Deputy Commissioner of Community Corrections, MDOC, Representative Kevin Horan, Chairman, House Judiciary B Committee, Andrea Sanders, Commissioner, Miss. Department of Child Protection Services, and Consuelo Walley, Coordinator, Jones County Drug Ct, 18th Judicial Circuit, and further designating the following alternate members who may attend and vote in the absence of an appointed committee member: Judge Mary “Betsy” Cotton, Judge Mike Dickinson, Judge Walt Brown and W. Dewayne Richardson, District Attorney, Fourth Circuit Court District.)
Brown v. State, 2023-CT-00648-SCT (denying cert)
In the Matter of Estate of Johnson: Manners v. Estate of Johnson, 2023-CT-00823-SCT (granting cert)
In Re: Administrative Orders of the Supreme Court of Mississippi, 2025-AD-00001-SCT (directing the disbursement of $149,116.92 in civil legal assistance funds among the MS Center for Legal Services, MS Volunteer Lawyers Project, and North MS Rural Legal Services)

April 24, 2025

Quinn v. State, 2024-KA-00195-SCT (Criminal – Felony)
Affirming conviction of attempted murder and possession of a firearm by a felon, holding that the trial court did not err by denying the defendant’s proposed jury instruction defining “homicide,” “murder,” and “deliberate design,” and that the evidence was sufficient to support the conviction.
(9-0)

United Emergency Services of Mississippi, Inc. v. Miller, 2023-IA-00767-SCT, consolidated with Baptist Memorial Hospital-Golden Triangle, inc. v. Miller, 2023-IA-00772-SCT (Civil – Wrongful Death)
Affirming in part and reversing in part the circuit court’s denial of the defendants’ motions for summary judgment in a med mal case, holding that the there were genuine issues of material fact as to all claims except those relying on the theory that one defendant-doctor should have admitted the decedent to the hospital.
(9-0)

Other Orders

Knight v. State, 2022-KA-01138-SCT (denying rehearing)
Middleton v. State, 2024-IA-00144-SCT (denying rehearing)
McPhail v. McPhail, 2024-TS-00849 (reinstating appeal)

Mississippi Court of Appeals Decisions of April 8, 15, and 22, 2025

After a few weeks of attending to other matters, I am back on the blogging horse. Fortunately, the appellate courts went relatively light on me in terms of the number of decisions handed down.

Summaries the hand downs from the Mississippi Court of Appeals from the past three weeks are below. There are several divorce cases, three mal cases (two opinions reached different results after the respective plaintiff’s expert testimony was struck), several MTCA cases, personal injury cases, felonies, an arbitration case, and more.

April 8, 2025

McFall v. Osborne, 2023-CA-01234-COA (Civil – Domestic Relations)
Affirming the chancellor’s decision in a divorce action denying the ex-husband’s Rule 60(b) motion attacking the court’s subject matter jurisdiction, holding that the chancellor had subject matter jurisdiction, that the ex-husband could not attack the merits of the underlying judgment because it was not appealed in time, and that the chancellor did not err in finding the ex-husband in contempt for failing to pay as ordered in the underlying judgment.
(9-0: Westbrooks did not participate)

Estate of Boleware v. McPhail, 2024-CA-00156-COA (Civil – Wills, Trusts & Estates)
Affirming with modification the circuit court’s decision staying litigation and compelling arbitration, holding that the circuit court did not err in finding that the arbitration agreement was valid but modifying the judgment to clarify that the arbitrator must decide whether the claims are within the scope of the arbitration agreement.
(9-1-0: McDonald concurred in the result without writing)

Short v. Polles, 2023-CA-00607-COA (Civil – Torts)
Affirming the circuit court’s dismissal of a farmer’s suit against MDWFP for issuing a permit permitting the farmer to kill deer to protect his soybean field but limiting it to does only, holding that the circuit court did not err in finding that the agency was immune from suit because permit decisions were within the agency’s power and its actions were not arbitrary and capricious.
(8-2-0: Barnes and Wilson concurred in part and in the result without writing)

Other Orders

Brooks v. State, 2023-KA-01081-COA (granting pro se motion for time to file motion for rehearing)
Bridget v. State, 2025-TS-00100-COA (dismissing appeal for lack of appealable judgment)

April 15, 2025

E. Cornell Malone Corp. v. Marshall Cnty. Sch. Dist., 2024-CA-00047-COA (Civil – Contract)
Affirming the circuit court’s dismissal of a complaint against the County related to a construction project, holding that the trial court did not err in finding that the tort claims were barred by the MTCA’s one-year statute of limitations or in denying the motion to amend the complaint.
(9-1-0: Carlton dissented without separate written opinion)

Anderson v. State, 2023-KA-00967-COA (Criminal – Felony)
Affirming conviction of murder, holding that the verdict was not against the overwhelming weight of the evidence.
(10-0)

Pinkton v. State, 2024-CP-00655-COA (Civil – PCR)
Affirming dismissal of a PCR motion, holding that the trial court did not err in finding that the claims were time-barred, waived, and without merit.
(6-4-0: McCarty concurred, joined by Wilson, Emfinger, and Weddle)

Goodson v. State, 2023-KA-00729-COA (Criminal – Felony)
Affirming conviction of possession of meth, holding that the circuit court did not err in denying the defendant’s motion to suppress, in granting the State’s motion in limine preventing the defendant from raising the defense of bias against by the sheriff’s department, or in denying his motion for JNOV or for new trial.
(10-0)

Jordan v. State, 2023-KA-00965-COA (Criminal – Felony)
Affirming conviction of shooting into a dwelling after reviewing the record and counsel’s Lindsey brief, holding that there was sufficient evidence to support the conviction and no issues warranting reversal.
(9-1-0: McDonald concurred in result only without writing)

Holifield v. Highland Community Hospital, 2023-CA-01342-COA (Civil – Med Mal)
Affirming dismissal of MTCA claims against a community hospital, holding that the trial court did not err in determining that the community hospital was a division of a governmental entity and not a separate entity that could be sued or in denying the plaintiffs’ motion for leave to amend to substitute the correct governmental entity because the claim would be time-barred.
(7-3-0: Wilson, McDonald, and McCarty concurred in part and in the result without writing)

Lee v. Doolittle, 2023-CA-00969-COA (Civil – Med Mal)
Reversing summary judgment in favor of the defendants in a med mal case, holding that the circuit court abused its discretion in striking the plaintiff’s expert and then in granting summary judgment for lack of expert testimony.
(5-1-4: Wilson concurred in part and in the judgment without writing; Carlton dissented, joined by Barnes, Emfinger, and St. Pe’)

Other Orders

Miller v. State, 2023-CP-00322-COA (denying rehearing)
Estate of Forkner: Berry v. Forkner, 2023-CA-00707-COA (denying rehearing)

April 22, 2025

Nabors v. State, 2024-KA-00006-COA (Criminal – Felony)
Affirming conviction of aggravated assault of law enforcement, holding that there was sufficient evidence of the defendant’s intent to commit aggravated assault, that the verdict was not against the weight of the evidence, that the trial court did not commit plain error in giving a flight instruction, and that trial counsel was not ineffective.
(10-0)

Crocker v. Daves, 2023-CA-00602-COA (Civil – Custody)
Dismissing appeal in a custody matter, holding that the chancellor’s order holding child support in abeyance due to insufficient information before the court to award child support based on statutory guidelines was not a final, appealable order.
(10-0)

Elmore v. Elmore, 2023-CA-00875-COA (Civil – Domestic Relations)
Affirming a judgment granting divorce and dividing marital property, holding that the chancellor did not err in classifying assets as marital property, in determining what property was marital property or in equitably distributing marital assets, or in denying the motion for new trial or to alter or amend the judgment.
(8-1-0: Wilson concurred in part and dissented in part; St. Pe’ did not participate)

Mallery v. State, 2024-CP-00220-COA (Civil – PCR)
Dismissing appeal of PCR denial, holding that there was no longer an actual controversy since the petitioner had been released from custody.
(9-0: Lawrence did not participate)

Simmons v. City of Picayune, 2024-CA-00092-COA (Civil – Personal Injury)
Affirming summary judgment dismissing a premises liability claim stemming from a fall on a handicap ramp, holding that the plaintiff failed to establish a genuine issue of material fact that the curb ramp constituted a dangerous condition.
(10-0)

Cox v. Coast 132 LLC, 2023-CA-01290-COA (Civil – Personal Injury)
Affirming summary judgment in favor of a restaurant in a slip-and-fall case, holding that the windowsill that allegedly caused the fall was not a dangerous condition and that even if it was a dangerous condition the plaintiff could not prove that the restaurant created it or had actual or constructive knowledge of it.
(8-2-0: Westbrooks and McDonald concurred in result only without writing)

Sandlin v. State Farm Mutual Automobile Ins. Co., 2023-CP-01347-COA (Civil – Insurance)
Affirming dismissal of a pro se UM claim, holding that the trial court did not err in finding that the defendant had not been properly served with process and that the statute of limitations on the claim had run.
(9-1-0: McDonald concurred in result only without writing)

Younger v. Southern, 2022-CA-01228-COA (Civil – Personal Injury)
Affirming part and reversing in part the circuit court’s judgment after a bench trial in a personal injury claim under the MTCA, affirming the award for the loss of the plaintiff’s truck, but reversing the award of damages for past, present, and future pain and suffering and reversing the award of $21,120 in medical damages for lack of expert testimony and rendering an award of $399 for past medical expenses.
(7-3: Westbrooks concurred in part and dissented in part, joined by McDonald and McCarty; McDonald concurred in part and dissented in part, joined by Westbrooks and McCarty)

Calvin-Williams v. The Greenville Clinic, P.A., 2023-CA-01021-COA (Civil – Med Mal)
Affirming the circuit court’s order granting summary judgment in favor of the defendant, holding that the circuit court did not err in striking portions of the plaintiff’s expert’s testimony and then granting summary judgment based on the lack of expert testimony.
(8-2: McDonald dissented, joined by Westbrooks)

Other Orders

Parker v. State, 2023-KA-00550-COA (denying rehearing)
Estate of Roberts: Herd v. Stokes, 2023-CA-00713-COA (denying rehearing)
Gardner v. State, 2023-KA-00903-COA (denying rehearing)
Lawson v. State, 2023-CP-01008-COA (denying rehearing)
Jack v. City of Meridian, 2023-CC-01339-COA (denying pro se motion to recall mandate and dismissing motion for rehearing and amended motion for rehearing)

Mississippi Court of Appeals Decisions of April 1, 2025

The Mississippi Court of Appeals handed down six opinions today. One case is a relatively novel appeal of a chancellor’s decision denying a name-change petition. There is also an MTCA/breach of contract/inverse condemnation case along with a couple of felony appeals and a couple of PCR cases.

Haralson v. State, 2023-CP-01309-COA (Civil – PCR)
Affirming denial of PCR motion challenging revocation of post-release supervision, holding that the trial court did not err in summarily dismissing the motion.
(10-0)

Hatchett v. State, 2024-KA-00100-COA (Criminal – Felony)
Affirming conviction of one count of sexual battery, holding that the conviction was not against the overwhelming weight of the evidence.
(9-0: Emfinger did not participate)

Hulitt v. State, 2024-CA-00182-COA (Civil – PCR)
Affirming dismissal of motion for PCR, holding that the trial court that adjudicated the charged offenses to which he pleaded guilty was a county of venue.
(7-2-0: Westbrooks and McDonald concurred in result only without writing; Emfinger did not participate)

Rogers v. City of Lumberton, 2023-CA-01133-COA (Civil – Property Damage)
Affirming in part and reversing in part the circuit court’s order granting the City’s motion to dismiss, holding that the trial court did not err in dismissing the plaintiff’s negligence claims for non-compliance with the pre-suit notice requirements of the MTCA or in dismissing the breach of contract claim, but that the trial court did err in dismissing the inverse condemnation claim because it was not subject to the pre-suit requirements of the MTCA.
(10-0)

In Re Name Change: Petitioner Yasmine Montia Jones, By and Through Her Guardian and Conservator, John D. K. Taylor, 2023-CA-01343-COA (Civil – Other)
Reversing the chancery court’s decision denying a petition to change the last name of a adult woman with disabilities, holding that the chancellor improperly substituted his judgment for that of the guardian without sufficient evidentiary support.
(8-2: Wilson dissented, joined by Lawrence)

Phinizee v. State, 2023-KA-01090-COA (Criminal – Felony)
Affirming conviction of conspiracy and attempt to commit murder, holding that the conviction for conspiracy to commit murder was supported by sufficient evidence, that the trial court did not err by excluding hearsay testimony that the victim previously attacked the defendant, and that the trial court did not err in refusing the defendant’s requested instruction on the lesser offense of aggravated domestic violence.
(10-0)

Other Orders

Pilot Travel Centers, LLC v. Womack, 2023-CA-00035-COA (denying rehearing)
Alexander v. State, 2023-KA-00331-COA (denying rehearing)
Williams v. State, 2023-KA-00346-COA (denying rehearing)
Patton v. State, 2023-CP-00618-COA (denying rehearing)
The University of Mississippi Medical Center v. Redd, 2023-CA-00711-COA (denying rehearing)
Mallard v. State, 2023-CP-01155-COA (denying rehearing)

Mississippi Court of Appeals Decisions of March 25, 2025

The Mississippi Court of Appeals handed down eight opinions today. One opinion is an appeal from a hybrid MTCA/common law med mal trial that cites a law journal article I wrote several years ago on an unresolved procedural conundrum. There is also a premises liability summary judgment case, a breach of contract/attorney’s fees case, three direct criminal appeals, and two PCR cases.

Brown v. State, 2023-CA-00921-COA (Civil – PCR)
Affirming denial of PCR, holding that the trial court did not err in summarily dismissing the PCR petition as time-barred.
(10-0)

Foote v. Memorial Hospital at Gulfport, 2023-CA-00504-COA (Civil – Med Mal)
Affirming the circuit court’s judgment in a med mal action against a hospital (a public entity) and a surgeon and the surgeon’s clinic (private entities) after a single, bifurcated bench and jury trial in which the trial court dismissed the claims against the hospital, holding that if the trial court relied on counsel’s closing statements as evidence it was error but harmless because there was sufficient evidence on the point, that the trial court did not err in finding that the plaintiff failed to present a prima facie case that the surgeon proximately caused or contributed to the injuries, and that the plaintiff failed to object to the jury’s involvement in the MTCA claim so the trial court did not err in partially bifurcating the trial where the jury decided the claims against the private defendants and gave an advisory verdict as to the public defendant, and that the trial court did not err in allowing the jury to allocate fault to the public defendant and the finding that the allocation was not supported by substantial evidence.
(7-2-1: Wilson and Emfinger concurred in part and in the result without writing, Lawrence dissented)

NOTE – I was excited to see one of my law review articles cited in this opinion. (If you are so inclined, you can read my article here.) There is no clear guidance from the rules or case law as to how trials should proceed when there a public defendant (entitled to a bench trial under the MTCA) and private defendant (entitled to a jury trial under Mississippi’s constitution, et al). I advocated for a specific procedure in the article that was cited in today’s opinion. In today’s case, the public defendant advocated for the procedure I proposed and the plaintiff argued for a different approach that involved the jury rendering an advisory verdict as to the public defendant. The trial court adopted the plaintiff’s approach. The plaintiff complained about the procedure on appeal, but the Court of Appeals held he could not argue that the trial court erred in following his proposal. Here is the Court of Appeals’ recapitulation of the argument following my proposal:

In 2016, the Rules Committee on Civil Procedure solicited input for a “Mississippi Rules of Civil Procedure Revision Project.” I submitted a proposed amendment to Rule 38 along with a copy of my article:

I never did hear anything back.

Blumer v. Majestic Homes, LLC, 2024-CA-00163-COA (Civil – Contract)
Affirming in part and reversing in part the circuit court’s order granting summary judgment in favor of a homeowner against a home builder awarding liquidated damages, attoyne’s fees, and expenses, holding that the trial court did not err entering a corrected order granting relief under Rule 60(b) since there had been no judgment expressly adjudicating the remaining claims and that the trial court did not err in dismissing the claims against the home builder in his individual capacity, but that the trial court did err in reducing the award of attorney’s fees.
(9-0: Emfinger did not participate)

Dewberry v. State, 2023-KA-01135-COA (Criminal – Felony)
Affirming conviction of one count of sexual battery, one count of fondling, and one count of child exploitation, holding that the trial court did not err in seating jurors after a Batson challenge and that a jury instruction did not constitute a constructive substantive amendment of a count in the indictment under the plain-error doctrine.
(10-0)

Rodriguez v. Diamondhead Country Club, 2024-CA-00238-COA (Civil – Torts)
Affirming summary judgment in favor of the defendant in a premises liability case, holding that the trial court did not err in finding that a one-half-inch height differential between sidewalk slabs was not a dangerous or unreasonably hazardous condition or in finding that there was no evidence to support a negligence per se claim under the ADA where the plaintiff was not disabled.
(10-0)

Thomas v. State, 2023-KA-00512-COA (Criminal – Felony)
Affirming conviction of second-degree murder, holding that the trial court did not err in admitting a Facebook post, that the trial court did not err denying a directed verdict under Weathersby, that the conviction was support by sufficient evidence, that the verdict was not against the overwhelming weight of the evidence, that the trial court did not err in denying a motion to suppress the defendant’s statements to law enforcement, that the trial court did not err in admitting autopsy photos, and that the cumulative error doctrine did not apply.
(8-2-0: Emfinger concurred in part and in the result without writing; McDonald concurred in result only without writing)

Rasberry v. State, 2023-KA-01161-COA (Criminal – Felony)
Affirming conviction of failing to register as a sex offender, holding that the lack of specificity in the indictment was at most harmless error, that the trial court did not err by granting an unopposed motion to amend the indictment, and that trial counsel was not ineffective.
(10-0)

Deer v. State, 2024-CP-00019-COA (Civil – PCR)
Affirming the dismissal of a PCR motion, holding that the trial court properly dismissed the motion pursuant to the UPCCRA’s three-year statute of limitations.
(9-0: Emfinger did not participate)

Other Orders

None

Mississippi Supreme Court Decisions of November 21, 2024

The Mississippi Supreme Court handed down five opinions on November 21, 2024, while I was out. Here are summaries of those decisions – two custody/parental rights cases, two felony appeals, and a certified question answer regarding the interplay between the MTCA and the MWPA.

Bell v. State, 2023-KA-00801-SCT (Criminal – Felony)
Affirming convictions of aggravated assault and possession of a firearm by a felon, holding that after consideration of counsel’s Lindsey brief and the record that there were no issues warranting appellate review.
(9-0)

S.D.P. v. Harrison County Department of Child Protection Services, 2023-CA-00838-SCT (Civil – Domestic Relations)
Affirming the youth court’s judgment terminating parental rights regarding a medically fragile child, holding that the youth court’s decision was based on clear and convincing evidence that the parents were not mentally, morally, or otherwise fit and that reunification was not desirable toward obtaining a satisfactory permanency outcome.
(9-0)

Johnson v. Miller, 2024-FC-00419-SCT (Civil – Federally Certified Question)
Answering a certified question from the Fifth Circuit, holding that the Mississippi Tort Claims Act’s statute of limitations and notice requirements do not apply to the Mississippi Whistleblower Protection Act.
(9-0)

Myers v. State, 2023-KA-01083-SCT (Criminal – Felony)
Affirming convictions of shooting into a dwelling and aggravated assault with a deadly weapon, holding that the trial court did not commit plain error regarding jury instructions because the instruction on the elements of shooting into a dwelling did not constitute an impermissible constructive amendment to the indictment.
(9-0)

In Re the Adoption of J.J.W.B: J.B. v. M.M., 2023-IA-00457-SCT, consolidated with 2023-IA-00458-SCT (Civil – Custody)
Reversing the chancellor’s decision denying a motion to dismiss a grandmother’s motion to set aside an adoption because the motion to set aside was untimely and no jurisdictional issues were present to set aside the adoption, but affirming the chancellor’s decision that the adoption did not extinguish the grandmother’s visitation rights and properly denied the motion to dismiss the grandmother’s contempt action and remanding for further proceedings to determine post-adoption visitation.
(5-4-0: Coleman concurred in part and in the result without writing; King concurred in part and in the result, joined by Randolph and Kitchens, and joined in part by Coleman and Griffis)

Other Orders

In Re: Rules of Discipline for the Mississippi Bar, 89-R-99010-SCT (appointing or reappointing Alicia S. Hall, Assistant Dean Mary Largent Purvis, District Attorney Angel Myers McIlrath, Municipal Judge Robert Fant Walker, Robert E. Quimby, and Circuit Judge Michelle Easterling to three-year terms)
Bell v. State, 2023-KA-008001-SCT (denying second motion for reappointment of counsel and motion for rebuttal)

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)

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)

Mississippi Court of Appeals Decisions of November 5, 2024 and Mississippi Supreme Court Decisions of November 7, 2024

In what was certainly the biggest new story from Tuesday, the Mississippi Court of Appeals handed down five opinions. Today, the Mississippi Supreme Court handed down one opinion and one order amending the Mississippi Rules of Civil Procedure. You can read about all below.

Mississippi Court of Appeals – November 5, 2024

Patton v. State, 2023-CP-00618-COA (Civil – PCR)
Affirming summary dismissal of PCR motion, holding that the motion was successive and untimely with no available exceptions and that the motion was meritless.
(9-0: Smith did not participate)

Slade v. City of Lumberton, 2023-CA-00830-COA (Civil – Personal Injury)
Affirming summary judgment in a MTCA personal injury case stemming from a police pursuit, holding that the trial court did not err in finding no reckless disregard based on the undisputed facts and that the trial court did not err in denying the motion to recuse based on the judge’s prior representation of the City.
(6-3: McDonald dissented, joined by Westbrooks and McCarty; Weddle did not participate)

McDill v. Scott County School District, 2023-CA-00956-COA (Civil – Personal Injury)
Reversing summary judgment in an MTCA case stemming from a student’s weightlifting injury at school, holding that the school district was not entitled to discretionary-function immunity.
(10-0)

The University of Mississippi Medical Center v. Redd, 2023-CA-00711-COA (Civil – Med Mal)
Affirming a bench trial verdict of $500,000 in a med mal case, holding that there was substantial evidence to support the trial court’s findings that the doctor breached the standard of care by not ordering lab work or further testing which, in turn, would have revealed the infection and prevented the amputation, and holding that the trial court did not abuse its discretion in admitting testimony of an orthopedic surgeon who primarily practiced in a different subspecialty than the treating doctor.
(8-1-0: Wilson concurred in part and in the result without writing; Weddle did not participate)

Morgan v. Riverboat Corporation of Mississippi, 2023-CA-00379-COA (Civil – Personal Injury)
Affirming summary judgment in a personal injury case where the plaintiff was struck by poolside cushions blowing in the wind while she was closing out her tab at the swim-up bar, holding that the trial court did not err in finding that they cushions were not an unreasonably dangerous condition and that there was no evidence of negligence on the part of the defendant.
(7-3: Westbrooks dissented, joined by McDonald and Lawrence)

Other Orders

Sinquefield v. The City of Ridgeland, 2022-CA-01276-COA (denying rehearing)
In Re Estate of Warren: Warren v. Maharrey, 2023-CA-00438-COA (denying rehearing)

Mississippi Supreme Court – November 7, 2024

Childress v. State, 2023-KA-01323-SCT (Criminal – Felony)
Affirming conviction of first-degree murder, holding that the verdict was supported by sufficient evidence and was not against the overwhelming weight of it.
(9-0)

Other Orders

In Re: The Rules of Civil Procedure, 89-R-99001-SCT (amending M.R.C.P. 62 – the order states that the amendment is effective 30 days after the date of the order which was entered on October 31, 2024)

Here are the amendments to Rule 62 (subsections (c) through (h) were not altered):

Mississippi State University v. Zhang, 2024-M-00344-SCT (denying rehearing)
Hertz Jackson Three, LLC v. Sanders, 2024-M-00497-SCT (denying interloc)
Mississippi Baptist Medical Center, Inc. v. Butler, 2024-M-00930-SCT (denying interloc)

Mississippi Court of Appeals Decisions of October 1, 2024

The Mississippi Court of Appeals handed down nine opinions yesterday. There is just one criminal case and the rest are civil cases that run the gamut of practice areas from the statute of frauds to a hunting club dispute.

Smith v. Estate of Watson, 2023-CA-00761-COA (Civil – Wills, Trusts & Estates)
Reversing the chancellor’s judgment ordering the payment of creditor’s claims, disbursement of remaining assets, and closing the estate, holding that the chancellor failed to follow the statutory procedure for administering the insolvent estate.
(8-0: Lawrence did not participate)

Lowe v. Wall Doxey State Park, 2023-CA-00828-COA (Civil – Personal Injury)
Affirming dismissal of an MTCA personal injury case, holding that the trial court properly found that the State was not properly served with presuit notice because Plaintiff did not sent notice to the correct state entity.
(9-0)

Stallworth v. Mississippi Department of Employment Security, 2022-CC-01300-COA (Civil – State Boards & Agencies)
Affirming MDES Board of Review’s decision finding that the claimant was disqualified from receiving unemployment benefits, holding that the Board’s decision was substantial evidence and was neither arbitrary nor capricious where evidence showed that the claimant voluntarily left work without good cause.
(7-2-0: Westbrooks and McDonald concurred in result only without writing)

Mazie v. Boozier-Mazie, 2023-CA-00470-COA (Civil – Domestic Relations)
Affirming order granting a motion to enforce a judgment of divorce and finding the ex-husband in contempt and denying a new trial, holding that the chancellor acted within her discretion to find the ex-husband in contempt for not complying with the court’s judgment.
(8-0: Westbrooks did not participate)

Walker v. Hasty, 2023-CA-00675-COA (Civil – Custody)
Affirming the chancery court’s judgment modifying visitation and increasing child support obligation, holding that arguments that the trial was unfair were waived and without merit, that modifying visitation was not a change in custody, that there was substantial evidence to support the chancery court’s findings, and that the court did not prohibit one party from making a proffer and that party failed to make a proffer.
(8-0: Westbrooks did not participate)

Howard v. Nelson, 2023-CA-00947-COA (Civil – Contract)
Affirming dismissal of a case seeking specific performance enforcing an oral contract to sell land, holding that the statute of frauds applied.
(9-0)

Gandy v. State, 2023-KA-01017-COA (Criminal – Felony)
Affirming conviction of two counts of sexual battery and two counts of gratification of lust, holding that the verdict was not against the overwhelming weight of the evidence.
(9-0)

Short v. The Break Land Company, LLC, 2022-CA-01180-COA (Civil – Torts)
Affirming judgment on the pleadings in a dispute between landowners and an LLC that owned adjacent property for a hunting club of which the landowners were members that arose from the landowners wanting to shoot deer that were damaging their crops and the hunting club’s apparent retaliatory rule adoption and ultimate revocation of the landowner’s membership, holding that the landowners failed to state a claim for any causes of action, that the operating agreement barred the landowners’ claims, and that the trial court did not err not allowing the landowners to amend their complaint where they made no request of the trial court.
(8-0: Lawrence did not participate)

Long v. State, 2023-KA-00351-COA (Criminal – Felony)
Affirming conviction of possession of a controlled substance with intent to distribute, holding that the claim trial counsel committed a Batson violation was procedurally barred and without merit, that the trial court did not err in denying the motion for directed verdict, and that the spoliation argument that the State lost photographs of the crime scene was procedurally barred and without merit, and declined to address Plaintiff’s ineffective-assistance-of-counsel claim on direct appeal.
(7-2: Wilson and Emfinger concurred in part and in the result without writing)

Other Orders

Clemmons v. State, 2022-CA-00700-COA (denying rehearing)
Designer Custom Homes, LLC v. U.S. Coating Specialties & Supplies, LLC, 2023-CA-00207 (denying rehearing)