Tag: PCR

Mississippi Court of Appeals Decisions of April 14, 2026

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

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

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

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

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

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

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

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

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

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

Other Orders

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

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Mississippi Court of Appeals Decisions of April 7, 2026

The Mississippi Court of Appeals handed down six opinions today. There are two appeals of felony convictions, a breach of contract case, a medical malpractice/wrongful death/savings statute case, a zoning ordinance case, and a PCR case.

Vu v. State, 2024-KA-01117-COA (Criminal – Felony)
Affirming conviction of burglary, holding that the conviction was supported by sufficient evidence and that the issue of whether prior bad acts were not properly admitted was waived, and dismissing the ineffective-assistance-of-counsel claim without prejudice.
(9-1-0: Lawrence for the Court; Westbrooks concurred in part and in the result without writing)

Magdi Corporation v. Beruk Construction, Inc., 2024-CA-01310-COA (Civil – Contract)
Reversing the dismissal of a breach of contract case after a bench trial, holding that the chancellor manifestly erred by granting an involuntary dismissal based on a finding that the subject construction project had reached “substantial completion” and that the plaintiff’s failure to pay at that point put the plaintiff in breach.
(9-1-0: Lawrence for the Court; Wilson concurred in part and in the result without writing)

Burdine v. State, 2025-KA-00154-COA (Criminal – Felony)
Affirming conviction of two counts of felony voyeurism and three counts of indecent exposure, holding that the trial court did not err in admitting the contents of the defendant’s cell phone, that there was sufficient evidence supporting the convictions, that the trial court did not err in admitting lay opinions, that the State proved the elements for habitual sentencing, and that the two life sentences were not constitutionally disproportionate.
(10-0: McDonald for the Court)

Humphrey v. State, 2024-CP-01444-COA (Civil – PCR)
Vacating and rendering the trial court’s judgment denying the petitioner’s Rule 60(b)(6) motion, holding that the circuit co0urt lacked jurisdiction.
(10-0)

Knight v. Glover, 2024-CA-01157-COA (Civil – Wrongful Death)
Reversing the dismissal of a medical malpractice case based on the statute of limitations, holding that the suit was not time-barred because it was filed within one year of the dismissal of the first suit without prejudice and was thus saved by the savings statute.
(6-4: Wilson for the Court; Emfinger dissented, joined by Barnes, Carlton, and McCarty)

Haman Construction, LLC v. Marshall County Board of Supervisors, 2025-CA-00340-COA (Civil – State Boards & Agencies)
Reversing the circuit court’s decision affirming the Board’s denial of a petition to amend zoning ordinances, holding that the decision was arbitration and capricious because it was based on the incorrect interpretation of controlling ordinances.
(6-1-2: Lassitter St. Pe’ for the Court; McCarty dissented, joined by Carlton, and joined in part by Barnes and McDonald)

Other Orders

  • Thornton v. Thornton, 2024-CA-00320-COA (denying rehearing)
  • Bodie v. State, 2024-KA-00634-COA (denying rehearing)
  • Polk v. State, 2025-CP-00260-COA (denying rehearing)

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Mississippi Court of Appeals Decisions of March 31, 2026

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

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

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

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

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

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

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

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

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

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

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

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

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

Other Orders

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

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Mississippi Court of Appeals Decisions of March 17, 2026

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

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

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

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

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

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

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

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

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

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

Other Orders

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

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Mississippi Court of Appeals Decisions of 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 27, 2026

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

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

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

Note – This is the Court’s conclusion:

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

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

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

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

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

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

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

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

Other Orders

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

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Mississippi Court of Appeals Decisions of January 6, 2026

Happy New Year! The Mississippi Court of Appeals wasted no time getting up and running. They kicked the year off with six opinions. Amidst the PCR opinions is a couple of noteworthy tales of caution for litigants pertaining to discovery and appellate procedure.

Seals v. State, 2024-KM-00448-COA (Criminal – Misdemeanor)
Affirming conviction of simple assault, holding that that the evidence was sufficient and that the verdict was not against the overwhelming weight of the evidence.
(8-1-0: Weddle for the Court; Westbrooks concurred in result only without writing; Emfinger did not participate)

Simoneaux v. State, 2024-CP-01127-COA (Civil – PCR)
Affirming dismissal of the petitioner’s fourth PCR motion, holding that the motion was time-barred, successive, and failed to to demonstrate that a statutory exception applies.
(9-0: Weddle for the Court; McCarty did not participate)

Patton v. MDOC, 2024-CA-00699-COA (Civil – Personal Injury)
Affirming dismissal for the plaintiff’s failure to cooperate in discovery, holding that the circuit court did not abuse its discretion dismissing the claim as a sanction for violating the rules of discovery and the court’s order compelling discovery.
(8-2: Emfinger for the Court; Westbrooks and McDonald dissented without writing)

Vasques v. State, 2024-CP-00852-COA (Civil – Other)
Affirming the dismissal of a PCR motion, holding that the circuit court did not err in summarily dismissing the motion as time-barred and that the circuit court’s err in not transferring the motion to the proper venue was harmless because the motion lacked merit.
(7-3-0: McDonald for the Court; Wilson and Weddle concurred in part and in the result without writing’ Emfinger concurred in result only without writing)

Polk v. State, 2025-CP-00260-COA (Civil – PCR)
Affirming dismissal of PCR motions, holding that several of the claims were waived or procedurally barred and that the dismissal was proper because the petitioner raised no challenge to the validity of his guilty plea.
(9-0: McDonald for the Court; Weddle did not participate)

Ford Motor Company v. Bingham, 2024-CA-01056-COA (Civil – Other)
Affirming the circuit court’s judgment granting a motion to dismiss the appeal and awarding attorney’s fees, holding that the appellant did not comply with the cost bond requirement, that the “appeal bond with supersedeas” did not qualify as a cost bond, that the appellant did not demonstrate “extenuating circumstances” to excuse the jurisdictional defect, affirming the award of attorney’s fees, and denying the motion to dismiss the instant appeal.
(10-0: Barnes for the Court)

Other Orders

  • Taylor v. State, 2023-CT-00738-SCT (denying motion to vacate opinion and dismiss appeal and motion for rehearing)
  • Thomas v. State, 2023-CT-01151-COA (denying rehearing)
  • Cooper v. State, 2024-KA-00592-COA (denying rehearing)
  • Ruffin v. State, 2024-CA-00867-COA (denying rehearing)

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Mississippi Court of Appeals Decisions of December 9, 2025

The Mississippi Court of Appeals handed down six opinions yesterday. Three are appeals of felony convictions and the others are an heirship case, a worker’s comp case, and a reversal in a PCR case.

Oats v. State, 2024-KA-00278-COA (Criminal – Felony)
Affirming conviction of manslaughter, holding that the trial court did not abuse its discretion in denying a motion for mistrial after the jury declared itself hung and that the issue was doubly procedurally-barred and that the conviction was supported by sufficient evidence and was not against the overwhelming weight of it.
(7-3: Lawrence for the Court; McDonald dissented without writing; Westbrook dissented, joined by McDonald and Lassitter St. Pe’)

Chamblee v. State, 2024-KA-00556-COA (Criminal – Felony)
Affirming conviction of one count of gratification of lust, holding that the trial court did not abuse its discretion in denying the motion for change of venue, in denying a motion for mistrial, in excluding false-accusation evidence, or in excluding sexually explicit photographs, and that the verdict was not against the overwhelming weight of the evidence.
(10-0: McDonald for the Court)

Physicians’ Pain and Spin Specialists, PLLC v. Kluczkowski, 2025-WC-00069-COA (Civil – Workers’ Comp)
Affirming the MWCC’s finding that the employer was subject to the MWCA and that the claimant sustained a compensable injury, holding that there was substantial evidence that the employer regularly employed at least five employees and that the claimant presented substantial evidence of a compensable injury.
(10-0: McDonald for the Court)

O’Callaghan v. State, 2024-KA-00415-COA (Criminal – Felony)
Affirming conviction of two counts of possession of a controlled substance, holding that the trial court did not abuse its discretion in finding holding trial in absentia or in denying the defendant’s motion for mistrial based on a juror’s remark.
(7-3-0: Carlton for the Court; Westbrooks and McCarty concurred in part and in the result without writing; McDonald concurred in result only without writing)

Estate of Dorsey v. Matory, 2024-CA-00925-COA (Civil – Wills, Trusts & Estates)
Affirming the chancery court’s judgment in an heirship dispute, holding that the chancellor did not err in finding that a prior adoption petition and proceeding constituted an adjudication of paternity of and legitimacy, that the adopted child was an heir-at-law of his biological father entitled to a share of his estate, or that equity favored not applying the one-year statute of limitations.
(8-2-0: Barnes for the Court; Wilson concurred in part and in the result without writing; Westbrooks specially concurred, joined by McDonald and McCarty)

Shelton v. State, 2024-CA-00435-COA (Civil – PCR)
Reversing the denial of a PCR petition, holding that the circuit court clearly erred in holding that a revised State’s expert opinion does not merit reversal and that arguments regarding ineffective assistance and factual innocence are moot since the case was remanded for new trial.
(7-3: Barnes for the Court; Emfinger concurred in part and dissented in part, joined by Lawrence and Weddle)

Other Orders

  • Moyer v. Blades, 2023-CA-01180-COA (denying rehearing)
  • James v. Memorial Hospital at Gulfport, 2024-CA-00459 (denying rehearing)
  • Snyder v. Pilger, 2024-CA_00460-COA (denying rehearing)
  • Carroll v. State, 2024-KA-00481-COA (recalling mandate and granting pro se motion for additional time to file motion for rehearing)
  • Cole v. Fish, 2024-CA-00508-COA (denying rehearing)
  • Corr Properties, LLC v. City of Oxford, 2024-CC-00665-COA (denying rehearing)
  • Graves v. State, 2024-KA-00691-COA (recalling mandate and granting pro se motion to file motion for rehearing otu of time)
  • Haddad v. State, 2025-TS-01229-COA (dismissing application to proceed in forma pauperis on appeal and granting time for the pro se appellat to file the motion in circuit court)
  • Reid v. State, 2025-TS-01261-COA (suspending deadling to file appeal to allow appeal to proceed on its merits)

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Mississippi Court of Appeals Decisions of November 25, 2025

The Mississippi Court of Appeals served a seasonally-appropriate portion of twelve opinions on Tuesday with nine other orders on the side. You can read about the lot below.

Cummings v. State, 2024-KA-00909-COA (Criminal – Felony)
Affirming conviction of two counts of first-degree murder, holding that the conviction was supported by sufficient evidence, the verdict was not against the overwhelming weight of the evidence, the trial court did not abuse its discretion in the jury instructions given, the trial court did did not abuse its discretion in allowing evidence of other bad acts, the ineffective-assistance-of-counsel claim was without merit, and that the cumulative error doctrine did not apply.
(7-3: Weddle for the Court; Wilson dissented, joined by Westbrooks and McDonald)

In the Interest of K.B.: A.B.B. v. E.B.S., 2024-CA-00313-COA (Civil – Custody)
Affirming the youth court’s decision terminating parental rights, holding that the natural mother exercised all of the rights that she complained on appeal that the trial court failed to give her including her right to court-appointed counsel.
(8-2-0: Emfinger for the Court; Westbrooks and McCarty concurred in part and in the result without writing)

Bivins v. Ellisville State School, 2024-SA-01098-COA (Civil – State Boards & Agencies)
Affirming the circuit court’s decision affirming the Mississippi Employee Appeals Board’s decision affirming an employee’s termination, holding that the former employee failed to show that the order was not supported by substantial evidence or was arbitrary and capricious.
(10-0: McCarty for the Court)

Dortch v. State, 2024-KA-01102-COA (Criminal – Felony)
Affirming conviction of capital murder while engaged in the commission of a robbery after reviewing counsel’s Lindsey brief and independently reviewing the record.
(10-0: McCarty for the Court)

Latham v. State, 2024-KA-00719-COA (Criminal – Felony)
Affirming conviction of sexual battery after reviewing counsel’s Lindsey brief and independently reviewing the record.
(10-0: Lawrence for the Court)

Day v. Day, 2024-CA-00771-COA (Civil – Custody)
Affirming the chancery court’s custody modification order, holding that there was evidence to support the chancellor’s finding of a material change in circumstances and awarding the mother custody and visitation rights for the father.
(9-0: Lawrence for the Court; Weddle did not participate)

Higdon v. Pinkston, 2023-CP-00685-COA (Civil – Real Property)
Affirming the chancellor’s grant of summary judgment in a property-line dispute, holding that the chancellor’s decision where the motion for summary judgment was not opposed by a response or evidence at the hearing.
(10-0: Carlton for the Court)

McLaurin v. State, 2024-KA-00138-COA (Criminal – Felony)
Affirming conviction of possession of meth but reversing sentence as a nonviolent habitual offender, holding that the conviction was supported by sufficient evidence and the verdict was not against the overwhelming weight of the evidence, that there was no plain error in admission of hearsay testimony from an officer, that the ineffective-assistance-of-counsel claim lacked merit, that the trial court properly excluded proposed hearsay testimony, that the trial court did not err in qualifying the jury venire in the defendant’s absence, that the spousal privilege did not apply to certain testimony, and that matters not raised in the trial court were procedurally barred, but holding that the trial court erred in finding that it lacked sentencing discretion.
(6-4-0: Carlton for the Court; Wilson, McDonald, Emfinger, and Weddle concurred in part and in the result without writing)

Bodie v. State, 2024-KA-00634-COA (Criminal – Felony)
Affirming conviction of two counts of sexual battery and one count of touching a child for lustful purposes, holding that the defendant’s rights under the Double Jeopardy Clause were not violated.
(10-0: Carlton for the Court)

CNRS&Z Inc. v. Bridgecrest Acceptance Corporation, 2024-CA-00365-COA (Civil – Contracts)
Affirming the trial court’s decision granting a motion to compel arbitration, holding that the trial court did not err in finding a valid and binding arbitration agreement with one of the defendants and that the “close legal relationship” between that defendant and two others allowed them to enforce the arbitration agreement as well.
(5-5: Barnes for the Court; McCarty concurred in part and dissented in part, joined by Westbrooks, McDonald, Lawrence, and Lassitter St. Pe’)

Note – The dissent agreed that the claims against the defendant who signed the arbitration agreement were bound to arbitration, but took issue with binding the claims against the other two defendants:

Estate of Price v. St. Dominic-Jackson Memorial Hospital, 2024-CA-00582-COA (Civil – Med Mal)
Affirming the circuit court’s dismissal of a med mal action finding that it was barred by the statute of limitations and that it was an impermissible duplicative action, holding that the plaintiff waived any challenge to the dismissal as an impermissible duplicative action by failing to address it on appeal and that it was therefore unnecessary for the Court to address the statute of limitations issue.
(6-2-0: Wilson for the Court; McDonald concurred in result only without writing; Lassitter St. Pe’ specially concurred, joined by Westbrooks; Barnes and Weddle did not participate.)

Avery v. State, 2024-CP-01044-COA (Civil – PCR)
Reversing summary dismissal of a PCR motion, holding that the motion was sufficient to survive summary dismissal and required the State to answer to motion and provide an explanation for its calculate of the parole eligibility date.
(8-2: Wilson for the Court; Lawrence dissented, joined by Weddle)

Other Orders

  • In the Interest of J.S.: P.S. v. Pearl River County Dept. of CPS, 2023-CA-00932-COA (denying rehearing)
  • Swims v. State, 2023-KA-01244-COA (denying rehearing)
  • Jackson v. State, 2023-KA-01280-COA (denying rehearing)
  • Hinds v. PERS, 2023-SA-01400-COA (denying rehearing)
  • Patterson v. State, 2024-KA-00268-COA (denying rehearing)
  • Brown v. State, 2024-CA-00307-COA (denying hearing)
  • Varnado v. State, 2024-KA-00338-COA (denying rehearing)
  • Polk v. State, 2024-KA-00591-COA (denying rehearing)
  • Wright v. State, 2025-TS-00986-COA (dismissing appeal as untimely)

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