PCR – Mississippi Appeals Blog

Mississippi Court of Appeals, Decisions of August 11, 2026

The Mississippi Court of Appeals handed down five opinions today. We got a real property special exception case, a PCR case, a products liability case, a distribution of marital property case, and a direct criminal appeal.

City of Natchez v. Banks, 2025-CA-00408-COA (Civil – Real Property)
Affirming the Circuit Court’s decision reversing the Natchez Planning Commission, holding that the Commission acted outside its apparent authority by revoking a special exception.
(10-0: Emfinger for the court)

Robertson v. State, 2025-CP-00806-COA (Civil – PCR)
Affirming dismissal of a PCR motion seeking relief from partial revocation of suspended sentence, holding that the circuit court did not err in summarily dismissing the claim.
(10-0: Emfinger for the court)

McGilberry v. SVP Sewing Brands, LLC, 2025-CA-00904-COA (Civil – Other Torts)
Affirming the Circuit Court’s grant of summary judgment dismissing a product liability case, holding that the plaintiff did not come forward with evidence to prove causation.
(10-0: Emfinger for the court)

Practice Point – This is not something you want to read:

Winton v. Dean, 2024-CA-01326-COA (Civil – Domestic Relations)
Affirming the Chancellor’s property division decision, holding that the chancellor did not err in the methodology or calculation with respect to the application of COLA to one side’s PERS benefits.
(7-3-0: Westbrooks for the court; Carlton, Wilson, and Emfinger concurred in result only without writing)

Thompson v. State, 2024-KA-01296-COA (Criminal – Felony)
Affirming conviction of first degree murder, holding that the defendant’s rights under the Confrontation Clause were not violated because the statement at issue was made during an emergency and was non-testimonial in nature and that the trial court did not abuse its discretion in refusing a stand your ground jury instruction.
(7-2-1: Weddle for the court; Carlton, Wilson, and McDonald concurred in part and in the result without writing; Westbrooks concurred in part and dissented in part, joined by McDonald)

Other Orders

Stallworth v. State, 2026- TS-00431-COA (suspending the deadline to appeal)

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Mississippi Court of Appeals Decisions of August 4, 2026

(The title has been corrected. This is not a post from the future. We regret the error.)

The Mississippi Court of Appeals handed down five opinions today. There are two of direct criminal appeals, a real property case with a punitive damages issue, a PCR case, and an public employment termination case. That last one turned on procedural issues related to the appeal to chancery court.

(Photo from my morning in court in Lincoln County, Mississippi)

Griste v. State, 2024-KA-01423-COA (Criminal – Felony)
Affirming conviction of manslaughter, holding that the trial court did not err in denying a motion for directed verdict, that the trial court did not abuse its discretion in granting the state’s motion in limine to exclude evidence of other bad acts of the victim, and that the trial court did not abuse its discretion in instructing the jury.
(10-0: Emfinger for the Court)

Snowden v. State, 2025-CA-00064-COA (Civil – PCR)
Affirming the denial of a PCR motion, holding that it was barred by the statute of limitations and no statutory exceptions applied.
(10-0: Emfinger for the Court)

Richardson v. Jackson Public School District, 2025-CA-00695-COA (Civil – Other)
Reversing the chancery court’s decision upholding the school board’s decision to terminate employment, holding that remand was required because the record filed on appeal with the chancery court was not a complete record and therefore did not comply with the statutory requirements for a review in the Chancery Court.
(6-3-0: Lawrence for the court; Lassitter St. Pe’, specially concurred, joined by McCarty; Wilson and McCarty concurred and pardoned in the result without writing; McDonald did not participate)

Ocean Blue Land & Timber Co., LLC v. Marsolais, 2024-CA-00154-COA (Civil – Report Property)
Affirming in part and reversing in part the Chancellor’s ruling in a case alleging that real property was fraudulently obtained, affirming the Chancellor’s finding of a fraud but reversing the punitive damages award against the individual and rendering judgment on that issue.
(10-0: McDonald for the Court)

Collins v. State, 2024-KA-01333-COA (Criminal – Felony)
Affirming conviction of second degree murder, holding that the trial court did not err by denying a directed verdict of acquittal under the Weathersby rule because the rule did not apply and declining to address the ineffective assistance of counsel claims on direct appeal.
(6-1-3: Lassitter St. Pe’ for the Court; McDonald concurred in part and in the result without writing. Emfinger dissented, joined by Barnes and McCarty)

Other Orders

Taylor v. State, 2024-KA-00280-COA (denying rehearing)
Bridgman v. SBC Internet Services, Inc., 2024-WC-01199-COA (denying rehearing)
Vanaman v. American Pride Properties, LLC, 2024-CA-01434-COA (denying rehearing)
Ryland v Regions Bank, 2025-CP-00178-COA (denying rehearing)

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Mississippi Court of Appeals Decisions of July 28, 2026

The Mississippi Court of Appeals handed down twelve opinions yesterday. One of my cases was in the mix which always derails my focus for the day. That is my excuse for the delay. Among the opinions are several direct criminal appeals, a workers’ comp case, a premises liability case, and two dismissals for lack of appellate jurisdiction. My case survived a jurisdictional challenge and then turned on whether the chancery court erred in deciding that a probated claim stemming from a divorce judgment was satisfied.

Greater New Hamilton Grove Baptist Church v. Hamilton Grove Missionary Baptist Church, 2025-CA-01008-COA (Civil – Real Property)
Dismissing the appeal of an order dissolving a preliminary injunction in an interment dispute, holding that the issue was moot and the court was without jurisdiction.
(10-0: Lassitter St. Pe’ for the Court)

Ajinomoto Foods North America v. Christy Moore, 2025-WC-01107-COA (Civil – Workers’ Comp)
Affirming the MWCC’s decision, finding that the claimant suffered a total occupational loss of use in both hands and work-related osteoarthritis and awarding permanent total disability benefits, holding that the commission did not err in applying the Jensen presumption and that its decision that the osteoarthritis was compensable was based on substantial credible evidence.
(10-0: Lassitter St. Pe’ for the Court)

Wilson v. State, 2024-KA-00725-COA (Criminal – Felony)
Affirming conviction of felonious child abuse, holding that the issue of whether cross-examination was limited in violation of the defendant’s due process rights was procedurally barred, that the trial court did not abuse its discretion in precluding certain testimony, that the trial court did not abuse its discretion denying a motion for mistrial after the State defied instructions not to introduce youth court rulings, that argument regarding the trial court not precluding evidence about false confessions was procedurally barred and without merit, that the trial court does not abuse its discretion in instructing the jury, that the evidence was sufficient to support the conviction, and that the cumulative error doctrine did not apply.
(8-2-0: Emfinger for the Court; McDonald concurred in part and in the result without writing; Westbrooks concurred in result only without writing)

Walley v. State, 2024-KA-01443-COA (Criminal – Felony)
Affirming conviction of uttering forgery and identity theft, holding that the trial court did not abuse its discretion in prohibiting the introduction of some evidence and limiting cross-examination about a prior indictment.
(9-1-0: Lawrence for the Court; McDonald concurred in part and in the result without writing)

C.D.M. v. Lee County Dept. of Child Protection Services, 2024-CP-01427-COA (Civil – Other)
Affirming the youth court’s decision terminating parental rights, holding that the youth court’s decision was based on sufficient evidence. (9-1-0: Wilson for the Court; Westbrooks concurred in result only without writing)

Gallion v. State, 2025-KA-00061-COA (Criminal – Felony)
Affirming conviction of manslaughter, holding that the trial court properly sustained an objection to prosecutorial misconduct and that further arguments on that issue were waived for failure to request a contemporary jury instruction or to move for mistrial, that a hearsay objection should have been sustained but was harmless error, those arguments regarding police officer opinion testimony was waived, that the trial court did not abuse its discretion in admitting photographs of the victim, and that the evidence was sufficient to support the verdict and that it was not against the overwhelming weight of the evidence.
(10-0: Wilson for the Court)

Brown v. State, 2024-KA-01376-COA (Criminal – Felony)
Affirming convictions of murder and being a felon in possession of a firearm, holding that the trial court did not err in denying a Batson challenge or in denying a motion to sever the two counts.
(8-1-1: Carlton for the Court; McCarty concurred and result only without writing; McDonald concurred in part and dissented in part without writing)

Strawn v. Southern Roots Salon & Day Spa, LLC, 2025-CA-00429-COA (Civil – Personal Injury)
Affirming the trial court’s decision granting summary judgment in favor of the defendant in the premises liability case, holding that the trial court did not err in finding that the plaintiff failed to present evidence that the defendant created a dangerous condition or had actual or constructive knowledge of it.
(8-2-0: Carlton for the court; Wilson and McDonald concurred in part and in result without writing)

Garfield v. Tate, 2025-CA-00104-COA (Civil – Wrongful Death)
Dismissing the appeal of the entry of a chancery court’s final judgment disinheriting a party in a wrongful death case, holding that it was not an order, much less a final appealable order that would confer jurisdiction on the Court of Appeals.
(10-0: Barnes for the court)

Wilson v. State, 2024-CA-00686-COA (Civil-PCR)
Vacating and remanding the denial of a PCR motion, holding that the indictment was void for failure to charge the defendant with crimes cognizable under Mississippi law.
(4-3-3: Barnes for the court; Wilson specially concurred, joined by Emfinger and Weddle, and joined in part by Lawrence and Lassitter St. Pe’; McCarty concurred in part and dissented in part, joined by Carlton and Lassitter St. Pe’ and joined in part by Lawrence)

Jones Family Medicine Clinic, PLLC, v. McCallum, 2024-CA-01332-COA (Civil – Contract)
Reversing the circuit court’s decision affirming the county court’s grant of summary judgment in a breach of contract case, holding that it was error to dismiss the complaint based on the waived affirmative defense of unconscionability.
(6-1-3: Weddle for the court; Westbrooks concurred in part in the result without writing; McDonald dissented without writing; Lawrence dissented, joined by Barnes and McDonald and joined in part by Westbrooks)

In the Matter of the Estate of Pace: Pace v. Philips, 2025-CA-00223-COA (Civil – Wills, Trusts & Estates)
Reversing the chancery court’s finding that a probated claim arising from the decedent’s violation of property settlement agreement incorporated into a judgment of divorce had been satisfied, holding that the final disposition of a probated claim was a final appealable order notwithstanding ongoing litigation in the estate matter and that the chancellor failed to grant a proper remedy for the violation of the PSA/judgment of divorce.
(8-2: McCarty for the court; Barnes dissented, joined by Carlton)

Disclosure: I represented the appellant in this case.

Other Orders

Leggett v. State, 2024-CP-01214-COA (denying rehearing)
Howard v. State, 2025-KA-00171-COA (recalling mandate and allowing the appellant’s pro se motion for rehearing to proceed as timely filed)
Morris v. State, 2026- TS-00276-COA (denying appellant’s pro se motion to reconsider dismissal of his untimely appeal)

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Mississippi Court of Appeals Decisions of July 21, 2026

Our appellate courts are back in action after the standard summer hand-down break centered around the Mississippi Bar Convention. The Mississippi Court of Appeals strikes first with six opinions today.

Lewis v. State, 2025-CP-00341-COA (Civil – PCR)
Affirming denial of a PCR motion, holding of the trial court did not err in revoking post-release supervision.
(10-0: Weddle for the Court)

White v. White, 2025-CP-00575-COA (Civil – Custody)
Affirming the chancellor’s decision to award joint legal and physical custody, holding that the decision was supported by substantial credible evidence.
(10-0: Emfinger for the Court)

In the Matter of the Estate of Gibson: Vanderford v. Estate of Gibson, 2024-CA-01355-COA (Civil – Wills, Trusts & Estates)
Affirming the chancellor’s denial of a petition to adjudicate paternity, holding that the chancellor did not err in finding the petition untimely.
(8-2-0: McCarty for the Court; Barnes concurred in part and in the result without writing; Wilson concurred in result only without writing)

In the Matter of the Estate of Manyfield: Ogden & Associates, PLLC v. Sweet, 2025-CA-00417-COA (Civil – Contract)
Reversing the chancery court’s decision denying a lien for attorney fees, holding that the chancellor abused his discretion and remanding for an apportionment of fees.
(8-2-0: Lawrence for the Court; Wilson and MacDonald concurred in part and in the result without writing)

Davis v. Davis, 2025-CA-00363-COA (Civil – Custody)
Affirming the chancellor’s custody decision, holding that the chancellor did not err in awarding custody to the mother despite the father’s arguments that the mother’s mental health was not properly considered.
(9-1-0: McDonald for the Court; Wilson concurred in part and in the result without writing)

In the Interest of T.L. a Minor: Jessica L. v. Forrest County Department of the Mississippi Department of Child Protection Services, 2024-CA-00385-COA (Civil – Domestic Relations)
Affirming the Youth Court’s decision terminating parental rights, holding that there was substantial evidence to support the decision, that the youth court properly found that CPS made reasonable reunification efforts, and that there was no merit to the mother’s argument that her counsel was ineffective.
(5-2-3: Barnes for the Court; Carlton and McDonald concurred in part and in the result without writing; Wilson concurred in result only without writing; Westbrooks concurred in part and dissented in part without writing; McCarty concurred in part and dissented in part, joined by Westbrooks and joined in part by McDonald)

Other Orders

Moore v. Sta-Home Health Agency of Carthage, Inc., 2023-CA-01267-COA (denying rehearing)
Turner v. City of Tupelo, 2024-CA-01146-COA (denying rehearing)
Gardner v. State, 2025-KA-00298-COA (denying rehearing)
Rudd v. State, 2025-CP-00618-COA (denying rehearing)

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Triple Issue: Mississippi Court of Appeals Decisions of May 19, May 26, and June 2, 2026

I got covered up with paying work and had to let things slide around here for a bit. Here is three weeks of output from the prolific Mississippi Court of Appeals.

May 19, 2026

Small v. Mississippi Dept. of Corrections, 2025-CP-00654-COA (Civil – Other)
Affirming circuit court’s order denying complaint for judicial review, holding that the petitioner did not prove that MDOC’s decision was not supported by credible evidence, arbitrary or capricious, beyond MDOC’s scope of powers, or violative of constitutional rights.
(8-2-0: Emfinger for the Court; Westbrooks and McDonald concurred in result only without writing)

In Re: Order of Direct Criminal Contempt for Assistant District Attorney Andrew Willcutt, 2024-CA-01142-COA (Civil – Other)
Reversing order holding an ADA in direct criminal contempt, holding that the ADA was entitled to notice of the charges against him and a de novo hearing before another judge.
(10-0: Weddle for the Court)

Rush v. State, 2024-KA-01353-COA (Criminal – Felony)
Affirming convictions of three counts of receiving stolen property, holding that the evidence was sufficient to support the conviction and that the verdicts were not against the overwhelming weight of the evidence.
(10-0: Weddle for the Court)

Butler v. State, 2024-KA-00747-COA (Criminal – Felony)
Affirming conviction of manslaughter, holding that there was no error in admitting video to rebut the defendant’s testimony, that the use of impeachment evidence in closing was not improper, that admitting a heat of passion manslaughter instruction was not error, that the manslaughter instruction was not unconstitutional, that the claim for ineffective assistance of counsel was not ripe, and that the verdict was not against the overwhelming weight of the evidence.
(10-0: McCarty for the Court)

Brown v. State, 2025-CA-00428-COA (Civil – PCR)
Affirming the trial court’s dismissal of a PCR motion, holding that the trial court did not err in finding it time-barred.
(10-0: McCarty for the Court)

Gates v. State, 2024-CP-00074-COA (Civil – PCR)
Affirming dismissal of PCR motion, holding that the trial court did not err in finding it time-barred.
(7-3-0: Lawrence for the Court; Wilson, Westbrooks, and McDonald concurred in part and in the result without writing)

Foreman v. State, 2024-KA-00728-COA (Criminal – Felony)
Affirming conviction of manslaughter, holding that the evidence was sufficient to support the conviction and that the verdict was not against the overwhelming weight of the evidence.
(7-2-1: Lawrence for the Court; Westbrooks and McDonald concurred in result only without writing; Carlton dissented without writing)

Waste Management of Mississippi, Inc. v. Chickasaw County, Mississippi, 2025-CA-00378-COA (Civil – Contract)
Reversing the circuit court’s decisions denying summary judgment for Waste Management and granting summary judgment in favor of the County that sought to exercise an option to extend a solid waste agreement, holding that Mississippi law does not permit such agreements for more than 30 years so the plain language allowing for an extension to the extent it was consistent with Mississippi prevented the extension.
(10-0: Wilson for the Court)

Rehm v. Robinson Property Group, LLC, 2025-CA-00043-COA (Civil – Personal Injury)
Affirming the dismissal of a personal injury on judicial estoppel grounds, holding that the circuit court did not abuse its discretion dismissing the claim where the plaintiff failed to disclose the lawsuit during bankruptcy proceedings.
(7-3: Carlton for the Court; McDonald dissented without writing; Westbrooks dissented, joined by McDonald and McCarty)

Other Orders

Jenkins v. Jenkins, 2024-CA-00395-COA (denying rehearing)
Brown v. State, 2024-KA-00489-COA (denying rehearing)
Eloby v. State, 2024-KA-00529-COA (denying rehearing)
Jones v. State, 2024-KA-00760-COA (denying rehearing)

May 26, 2026

Coahoma County, Mississippi School District v. Williams, 2024-CA-00977-COA (Civil – Other)
Reversing the chancery court’s decision and rendering a decision in favor of the school board’s termination decision, holding that the school board’s decision to terminate a counselor who had an incident with another school counselor and said she needed a “license to carry” was supported by substantial evidence, that the chancery court exceeded the scope of review, and that the counselor’s due process rights were not violated.
(9-1-0: McCarty for the Court; Westbrooks concurred in result only without written opinion)

Murphy v. State, 2024-KA-00664-COA (Criminal – Felony)
Affirming conviction of two counts of attempted touching of a child for lustful purposes, holding that arguments related to jury instructions were procedurally barred for failure to raise then in a JNOV or new trial and, in any event, that the circuit court did not abuse its discretion instructing the jury.
(9-1-0: McDonald for the Court; Wilson concurred in part and in the result without separate written opinion)

Banks v. Banks, 2025-CA-00119-COA, consolidated with 2023-CA-00515-COA (Civil – Domestic Relations)
Reversing on direct appeal and cross appeal in a divorce case, holding that the chancellor erred in the equitable distribution of the marital estate, in awarding alimony, and in awarding attorney’s fees.
(8-2-0: McDonald for the Court; Wilson and Lassitter St. Pe’ concurred in part and in the result without writing)

Qualls v. Qualls, 2023-KA-01112-COA (Criminal – Felony)
Affirming conviction of being a felon in possession of a weapon following a fatal shooting at a bar but vacating and remanding the sentencing as violent habitual offender as the State conceded that the evidence at trial was not sufficient to establish habitual-offender status.
(8-0: Westbrooks for the Court; Emfinger concurred in part and in the result without writing)

Watson v. State, 2024-KA-01149-COA (Criminal – Felony)
Affirming conviction of two counts of felony child abuse, holding that arguments that the trial court erred by admitting testimony of prior bad acts were procedurally barred for lack of objection after the State filed a notice of intent to introduce the evidence before trial and that the evidence was sufficient to support the convictions, and declining to address the ineffective-assistance-of-counsel claims.
(9-0: Wilson for the Court)

Patriot Inspects, LLC v. McKenzie, 2024-CA-01000-COA (Civil – Contract)
Affirming the trial court’s decision denying a motion to compel arbitration, holding that the arbitration provision’s limitation of liability and one-year limitations period were substantively unconscionable and so intertwined with the agreement that the agreement was rendered unconscionable.
(6-4: Weddle for the Court; Wilson dissented, joined by Barnes, Carlton, and Emfinger)

NOTE – I am putting this one on cert watch. Citing the Federal Arbitration Act, the dissent took issue with the majority’s holding that the arbitration agreement was rendered unconscionable by the limitation of liability and limitations period.

Other Orders

Moore v. State, 2024-KA-2024-01129-COA (denying rehearing)
Leggett v. State, 2024-CP-01214-COA (recalling mandate and accepting pro se motion for rehearing as timely)
Winn v. State, 2024-KA-01280-COA (denying rehearing)
Johnson v. State, 2024-KA-01348-COA (granting appellant’s pro se motion for extension of time to file motion for rehearing)
Johnson v. State, 2025-TS-01344-COA (dismissing motion for post-conviction collateral relief for lack of jurisdiction)
Gray v. State, 2025-TS-1449-COA (dismissing appeal as untimely)
Morris v. State, 2026-TS-00276-COA (dismissing untimely appeal)
Hill v. State, 2026-TS-00347-Dismissing appeal as untimely)
Daniels v. State, 2026-TS-00377-COA (allowing pro se appeal to proceed as timely)

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June 2, 2026

Mhoon v. State, 2024-CA-00674-COA (Civil – PCR)
Affirming denial of PCR motion after an evidentiary hearing, holding that the circuit court did not abuse its discretion after full consideration of the Miller factors.
(9-1-0: Emfinger for the Court: Westbrooks concurred in result only without writing)

Lee v. MDHS, 2025-SA-00318-COA (Civil – Custody)
Affirming denial of motion to reconsider denial of petition to set aside paternity judgment and child support order, holding that the trial court did not err in denying the petition for failure to meet statutory requirements or abuse its discretion in denying the motion for reconsideration.
(10-0: Emfinger for the Court)

Days v. State, 2024-KA-00920-COA (Criminal – Felony)
Affirming convictions of possession of meth with firearm enhancement and possession of a firearm as a felon, dismissing the ineffective-assistance-of-counsel claim without prejudice, and holding that arguments about the denial of an ore tenus motion to suppress were waived for failure to file a pretrial motion to suppress and that the plain-error doctrine did not apply.
(10-0: McDonald for the Court)

Sullivan v. Sullivan, 2025-CP-00256-COA (Civil – Domestic Relations)
Affirming in part and reversing in part the chancellor’s property division in a judgment of divorce, holding that the chancellor did not err in classification of the rental properties as marital assets but reversing with regard to other assets.
(10-0: McDonald for the Court)

Harris v. State, 2025-KA-00084-COA (Criminal – Fel0ny)
Affirming convictions of first-degree murder an done count of aggravated assault, holding that the trial court did not commit plain error in giving an instruction that referenced accident and misfortune as well as self-defense.
(10-0: Westbrooks for the Court)

Lenoir v. State, 2024-KA-01342-COA (Criminal – Felony)
Affirming convictions of trafficking a controlled substance and possession of a controlled substance, holding the trial court did not err in failing to suppress evidence obtained during what the defendant argued was an invalid search warrant, that the trial court did not err in instructing the jury on constructive possession, that the evidence was sufficient to support the constructive possession conviction and that the verdict was not against the overwhelming weight of the evidence, that the indictment was not defective, and that he was not subject to double jeopardy.
(8-1-0: Carlton for the Court; Emfinger concurred in part and in the result without writing; Weddle did not participate)

Davis v. State, 2024-KA-01385-COA (Criminal – Felony)
Affirming conviction of one court of sexual battery and one count of touching a child for lustful purposes, holding that the trial court did not abuse its discretion instructing the jury on uncorroborated testimony of sex-crime victim and that the verdict was not against the overwhelming weight of the evidence.
(10-0: Carlton for the Court)

Gaudin v. Gaudin, 2025-CA-00397-COA (Civil – Domestic Relations)
Affirming the chancery court’s rulings granting divorce and distributing contested assets, holding that the chancellor did not err in ordering the sale of the marital home or in classification of assets and Ferguson factors.
(10-0: Carlton for the Court)

Johnson v. State, 2024-KA-01097-COA (Criminal – Felony)
Affirming conviction of possession of more than two but less than ten grams of meth, holding that the trial court did not err in finding that the impoundment and inventory search of the defendant’s vehicle in which the drugs were found were proper.
(6-3-1: Barnes for the Court; Wilson, Westbrooks, and McCarty concurred in part and in the result without writing; Lassitter St. Pe’ concurred in part and dissented in part without writing)

Grant v. State, 2023-KA-01275-COA (Criminal – Felony)
Affirming conviction of possession of a firearm by a felon and possession of a stolen firearm, holding that the evidence was sufficient on both counts, that the trial court did not err in admitting evidence of gang affiliation for impeachment purposes or in admitting expert testimony regarding cellphone-location technology.
(6-1-3: Emfinger for the Court; McCarty concurred in part and in the result without writing; Westbrooks concurred in part and dissented in part, joined by Barnes and McDonald)

Other Orders

Smith v. Clarksdale Municipal School District, 2024-CA-00168-COA (denying rehearing)
UMMC v. Thomas, 2024-CA-01099-COA (denying rehearing)
Lovern v. State, 2024-KA-01449-COA (denying rehearing)

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Mississippi Court of Appeals Decisions of April 21, 2026

The Mississippi Court of Appeals handed down six opinions today. There were two felony appeals, two domestic/custody decisions, and two PCR decisions.

Brents v. Holland, 2024-CA-01198-COA (Civil – Custody)
Affirming the chancellor’s decision in a custody matter, holding that the chancellor did not err in finding a material change in circumstances adversely affecting the children and that modification was in their best interest and that the chancellor did not err in not keeping siblings together where this issue was not raised until appeal, and that the chancellor did not err in ordering supervised visitation despite the GAL’s recommendation.
(10-0: McDonald for the Court)

Johnson v. State, 2025-KA-00549-COA (Criminal – Felony)
Affirming re-sentencing under Miller, holding that the circuit court did not err in sentencing the defendant to life without parole.
(9-0: McDonald for the Court; Emfinger did not participate)

Benamon v. State, 2024-KA-00501-COA (Criminal – Felony)
Affirming conviction of first-degree murder and possession of a firearm by a felon, holding that the trial court did not err in denying a motion to quash the venire after the defendant briefly appeared in the courtroom prior to voir dire in handcuffs and shackles or in refusing to instruct the jury on the lesser-included offense of heat-of-passion manslaughter.
(8-2-0: Wilson for the Court; Westbrooks and McDonald concur in part and in the result without writing)

Rudd v. State, 2025-CP-00618-COA (Civil – PCR)
Affirming the circuit court’s denial of a PCR motion attacking an order of revocation, holding that it was properly dismissed as an impermissible successive motion.
(9-0: Wilson for the Court; Emfinger did not participate)

Self v. Conley, 2024-SA-01079-COA (Civil – Domestic Relations)
Affirming the chancellor’s final order on child support and visitation, holding that the chancery court did not abuse its discretion in declining to find the father in contempt and imprison him and that the chancellor did not err in awarding visitation despite the father’s “unclean hands.”
(10-0: Barnes for the Court)

Castillo-Valencia v. State, 2025-CP-00348-COA (Civil – PCR)
Affirming denial of claims and dismissal of motion for PCR, holding that the motion was properly dismissed as successive, time barred, and without statutory exception.
(9-0: Barnes for the Court; Emfinger did not participate)

Other Orders

Williams v. State, 2024-KA-00257-COA (denying rehearing)
Price v. Hinds County School District, 2024-CA-00841-COA (denying rehearing)
Banks v. State, 2024-KA-00881-COA (denying rehearing)
Roberts v. State, 2024-CA-00988-COA (denying rehearing)
Wilson v. P.L. Marketing, Inc., 2025-WC-00158-COA (denying rehearing)

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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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