Tag: PCR

Mississippi Court of Appeals Decisions of November 18, 2025

The Mississippi Court of Appeals handed down ten opinions today. Eight of the opinions are “new” and two of them follow a rehearing grant.

Eaglin v. Burse, 2024-CA-00808-COA (Civil – Custody)
Reversing the chancellor’s decision in a custody dispute, holding that the chancellor abused her discretion in denying a motion to continue and a motion in limine.
(9-0: Lassitter St. Pe’ for the Court; Westbrooks did not participate)

In Re Conservatorship of Mayberry: Mayberry-Johnson v. Mayberry, 2024-CA-00649-COA (Civil – Wills, Trusts & Estates)
Affirming the chancellor’s decision granting a petition to be appointed guardian and conservator of the petitioner’s husband over the objection of their daughter, holding that the chancellor did not abuse his discretion or commit clear error.
(10-0: Weddle for the Court)

Hall v. State, 2023-KA-01363-COA (Criminal – Felony)
Affirming convictions of conspiracy and aggravated assault, holding that the trial court did not err in admitting video and then admitting witness testimony identifying the defendant in the video.
(8-2-0: Emfinger for the Court; Westbrooks and McDonald concurred in the result only without writing)

Longino v. State, 2024-KA-00772-COA (Criminal – Felony)
Affirming conviction of first degree murder, holding that the trial court did not err in excluding the defendant’s complete law enforcement interview or in prohibiting the defendant’s father from testifying regarding the defendant’s history of mental health and treatment.
(9-1-0: Emfinger for the Court; Westbrooks concurred in part and in the result without writing)

Clarksdale Municipal School District Board of Trustees v. Montgomery, 2024-CA-00611-COA (Civil – Contract)
Reversing the chancery court’s decision to reverse the school board’s decision upholding a teacher’s contract non-renewal, holding that because the teacher did not comply with the statute’s requirements no hearing was necessary for the school board to uphold the non-renewal.
(9-1: McCarty for the Court; McDonald dissented without writing)

Manning v. State, 2024-CP-00853-COA (Civil – PCR)
Affirming the trial court’s order denying a motion for PCR based on a finding that it was successive.
(5-1-4: Lawrence for the Court; McCarty concurred in part without writing; Wilson and McDonald dissented in part without writing; Westbrooks dissented, joined by Barnes and McDonald and joined in part by Wilson and McCarty.)

McKnight v. State, 2024-KA-00779-COA (Criminal – Felony)
Affirming conviction of possession of a weapon by a habitual offender, holding that the trial court did not abuse its discretion by refusing to give a jury instruction proposed by the defendant because it was an inaccurate statement of the law or in denying a new trial.
(9-1-0: Westbrooks for the Court; Wilson concurred in part and in the result without writing)

Yates v. State, 2024-KA-00371-COA (Criminal – Felony)
Affirming conviction of burglary of a dwelling, holding that claim of error in excluding testimony was procedurally barred for lack of a proffer and that the conviction was supported by sufficient evidence.
(9-1-0: Wilson for the Court; Westbrooks concurred in the result only without writing)

Taylor v. State, 2023-CA-00738-COA (Civil – PCR)
Granting a motion for rehearing and reversing the trial court’s denial of a PCR motion, holding that the trial court exceeded its jurisdiction when it sentenced a man to a term that exceeded the maximum and that its actions in doing so are void.
(8-2: McCarty for the Court; Emfinger concurred in part and dissented in part without writing; Wilson dissented, joined by Emfinger)

Note – Here is how the Court summarized its holding:

McDonald v. Pruwitt, 2023-CA-01312-COA (Civil – Custody)
Granting rehearing and affirming the chancellor’s findings regarding the statutory criteria for grandparent visitation rights but reversing and remanding for specific findings regarding the Martin factors.
(10-0: Emfinger for the Court)

Other Orders

  • Nelson v. State, 2023-CP-00647-COA (denying rehearing)
  • Walker v. State, 2023-KA-01012-COA (denying rehearing)
  • Howard v. Howard, 2023-CA-01029-COA (denying rehearing)
  • Briggs v. Jackson, 2023-CA-01241-COA (denying rehearing)
  • Gombak0-Amos v. Amos, 2023-CA_01253-COA (denying rehearing)
  • Brodie v. Brodie, 2023-CA-01397-COA (denying rehearing)
  • Bhatti v. Board of Supervisors of Coahoma County, Mississippi, 2024-CA-00027-COA (denying rehearing)
  • Martin v. Martin, 2024-CA-00222-COA (denying rehearing)
  • Pickens v. State, 2025-TS-01084-COA (suspending Rule 4(a)’s deadline and allowing the appeal to proceed on the merits)
  • Lee v. State, 2025-TS-01099-COA (finding pro se response to show-cause notice well-taken and allowing appeal to proceed)
  • Fisher v. State, 2025-TS-01174-COA (granting appellant’s pro se motion to proceed out-of-time)

Hand Down Page

Mississippi Court of Appeals Decisions of November 4, 2025

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

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

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

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

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

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

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

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

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

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

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

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

Other Orders

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

Hand Down Page

Mississippi Court of Appeals Decisions of September 30, 2025

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

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

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

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

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

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

Other Orders

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

Hand Down Page

Mississippi Court of Appeals Decisions of September 16, 2025

The Mississippi Court of Appeals handed down seven opinions today. We got a couple of custody decisions, a couple of MTCA decisions, a failure to prosecute a med mal lawsuit, a felony, and a PCR case.

E.H. v. Lee County Dept. of Child Protective Services, 2023-CA-00732-COA (Civil – Custody)
Affirming the youth court’s decision terminating parental rights, holding that the youth court’s decision was supported by substantial evidence and that the denial of a Rule 60 motion was not erroneous.
(10-0: St. Pe’ for the Court)

Cameron v. Miller, 2023-CA-01388-COA (Civil – Personal Injury)
Affirming the circuit court’s decision granting a motion to dismiss a med mal lawsuit for failure to prosecute, holding that the trial court did not abuse its discretion where the record demonstrated an overall case of dilatory conduct, substantial periods of inactivity, and untimely and reactionary steps.
(7-2-1: Weddle for the Court; Wilson concurred in part and in the result without writing; Westbrooks concurred in the result only without writing; McDonald concurred in part and dissented in part without writing)

Russell v. Booneville Police Dept., 2024-CP-00757-COA (Civil – Torts)
Affirming the dismissal of a lawsuit under the MTCA, holding that the circuit court did not err in dismissing the claim for law of presuit notice.
(10-0: Weddle for the Court)

Saddler v. State, 2024-CP-00099-COA (Civil – PCR)
Affirming dismissal of a PCR motion because the trial court did not err in finding it was time-barred.
(10-0: McCarty for the Court)

Hall v. Mitchell, 2024-CA-00667-COA (Civil – Wrongful Death)
Affirming the circuit court’s judgment for the defendant after bench trial, holding that the trial court’s decision that a parked county-owed truck was not the proximate cause of an collision between the decedent’s motorcycle and an SUV.
(8-2-0: McCarty for the Court; Wilson, Westbrooks, and McDonald concurred in part and in the result without writing)

Cunningham v. State, 2023-KA-01213-COA (Criminal – Felony)
Affirming conviction of first-degree murder, holding that the trial court did not abuse its discretion in refusing the defendant’s jury instructions on self-defense, imperfect self-defense, and culpable-negligence manslaughter; that the trial court’s did not err in denying a pretrial motion and refusing proposed jury instructions regarding lost body-camera footage; that the trial court erred harmlessly in admitting the victim’s statement to EMTs; that the trial court did not “improperly console” the victim’s mother in the courtroom by expressing sympathy while admonishing her to keep her composure; that the conviction was supported by sufficient evidence and not against the overwhelming weight of it; and that the cumulative error doctrine did not apply.
(10-0: Wilson for the Court)

Hopkins v. Perry, 2024-CA-00467-COA (Civil – Custody)
Affirming in part and reversing in part the chancellor’s custody order, holding that the chancellor did not err in modifying visitation modification but remanding for an Albright analysis of the legal custody issue.
(9-0: Carlton for the Court; Westbrooks did not participate)

Other Orders

  • Horne v. Dolgencorp LLC, 2024-CA-00376-COA (denying rehearing)
  • Strong v. Acara Solutions, Inc., 2024-CA-00455-COA (denying rehearing)

Hand Down Page

Mississippi Court of Appeals Decisions of September 9, 2025

The Mississippi Court of Appeals handed down eight opinions on Tuesday. I finally got around to summarizing them and you can read those summaries below.

Lovelace v. Board of Trustees of East Mississippi Community College, 2023-CA-01341-COA (Civil – Contract)
Affirming the chancellor’s order denying appeal and upholding the board’s decision not to renew an instructor’s contract, holding that the chancellor did not err by not considering documents that were not before the board, that the board’s decision was supported by substantial evidence, and the instructor was not denied due process.
(10-0: Weddle for the Court)

Ingram v. Ingram, 2023-CA-01364-COA (Civil – Custody)
Affirming the Court’s custody order, holding that the chancellor did not err in the Albright analysis or abuse his discretion in the visitation award.
(10-0: Weddle for the Court)

Franklin v. State, 2024-CP-00696-COA (Civil – PCR)
Affirming dismissal of PCR motion as time-barred.
(9-0: McCarty for the Court; Emfinger did not participate)

Cardwell v. State, 2024-CP-01088-COA (Civil – PCR)
Affirming denial of PCR motion as successive.
(10-0: McCarty for the Court)

Brookshire v. State, 2023-KA-00966-COA (Criminal – Felony)
Affirming conviction of first-degree murder, holding that there was a custodial interrogation that violated the right to counsel that had been invoked but that the error was harmless in light of the overwhelming evidence supporting the conviction and that its admission did not result in plain error under the Confrontation Clause.
(8-2-0: Westbrooks for the Court; Carlton and McCarty concurred in result only without writing)

Williams v. State, 2024-CA-00817-COA (Civil – PCR)
Reversing summary dismissal of a PCR motion, holding that the petitioner was not required to seek leave from the Supreme Court before filing the PCR motion.
(10-0: Wilson for the Court)

Back Bay Lawnscapes LLC v. Graham, 2024-CA-00054-COA (Civil – State Boards & Agencies)
Affirming the chancery court’s order granting summary judgment upholding a sales tax assessment and an individual income tax assessment, holding that the taxpayer failed to fulfill its statutory duty to keep adequate records and that the chancellor did not err in applying the law to the facts of the case or in awarding damages.
(9-0: Carlton for the Court; Westbrooks did not participate)

Taylor v. Fair, 2024-CP-00676-COA (Civil – Other)
Affirming the chancellor’s dismissal of a petition for write of habeas corpus and emergency custody of the petitioner’s child, holding that the chancellor did not err in dismissing the petition for lack of jurisdiction.
(9-1-0: Carlton for the Court; McDonald concurred in result only without writing)

Other Orders

  • Estate of Anderson: Brown v. Fitzgerald, 2023-CA-01131-COA (denying rehearing)
  • Smith v. State, 2024-KA-00162-COA (denying rehearing)
  • Bickes v. Swain, 2024-CA-00187-COA (denying rehearing)
  • Roach v. Roach, 2024-CA-00236-COA (denying rehearing)

Hand Down Page

Double Issue: Mississippi Court of Appeals Decisions of July 29, 2025 and August 5, 2025

The Mississippi Court of Appeals handed down six opinions last week and nine opinions today. With fifteen total opinions, there is something for everybody. Among the summaries below is a lawsuit filed on behalf of a minor who did not make his school’s baseball team.

July 29, 2025

Soto v. Mississippi Export Railroad Company, 2024-CA-00638-COA consolidated with Loveless v. Mississippi Export Railroad Company, 2024-CA-00639-COA (Civil – Personal Injury)
Affirming summary judgment in favor of the railroad in a car wreck case, holding that the railroad had no statutory or contractual duty to maintain traffic control devices while the road crossing the railroad was in the midst of an resurfacing project.
(9-1-0: St. Pe’ for the Court; McDonald dissented without writing)

James v. Memorial Hospital at Gulfport, 2024-CA-00459-COA (Civil – Med Mal)
Reversing summary judgment in a med mal case, holding that the plaintiffs’ response to the motion for summary judgment provided sufficient summary judgment proof including expert opinions and that the issue of whether a settled-defendant’s negligence was a superseding intervening act.
(10-0: Emfinger for the Court)

Strickland v. State, 2024-CP-00851-COA (Civil – PCR)
Reversing denial of PCR motion, holding that the indictment was void and remanding to set aside the guilty plea and for further consistent action.
(8-1-0: Lawrence for the Court; Carlton concurred in result only without writing; Emfinger did not participate)

Luster v. State, 2024-CA-00014-COA (Civil – PCR)
Affirming denial of PCR motion, holding that the trial court did not clearly earr in determining that proffered testimony was not newly discovered evidence.
(9-1-0: Westbrooks for the Court; McCarty concurred in part and in the result without writing)

West v. Gulf Relay, LLC, 2024-WC-00816-COA (Civil – Workers’ Comp)
Affirming the MWCC’s order, holding that substantial evidence supported the Commission’s finding that the claimant sustained an 80% industrial loss of use of his left upper extremity but apportioning that loss of use by 95%.
(9-1-: Carlton for the Court; McDonald concurred in part and in the result without writing)

Ramsey v. State, 2023-CP-00440-COA (Civil – PCR)
Affirming denial of PCR motion, holding that the trial court did not err in finding no merit to arguments that the guilty plea was involuntary and that counsel was ineffective.
(9-0: Barnes for the Court; St. Pe’ did not participate)

Other Orders

  • Jones v. State, 2022-KA-01124-COA (denying rehearing)
  • Ramsey v. State, 2023-CP-00440-COA (denying rehearing, substituting opinion)
  • 1st Step Sober Living LLC v. Cleveland, 2023-CA-00665-COA (denying rehearing)
  • Harris v. Casino Vicksburg, LLC, 2023-CA-00959-COA (denying rehearing)
  • Brooks v. State, 2023-KA-01081-COA (denying rehearing)
  • Jordan v. State, 2023-KA-01222-COA (denying rehearing)

Hand Down Page

August 5, 2025

Polk v. State, 2024-KA-00591-COA (Criminal – Felony)
Affirming conviction of two counts of sexual battery of a minor under fourteen, holding that the trial court did not abuse its discretion in sustaining a relevancy objection during cross-exam of the victim or in sustaining objections to questions about the victim’s character trait for truthfulness, and that the trial court did not commit plain error violating the Confrontation Clause.
(8-2-0: Weddle for the Court; Barnes and Westbrooks concurred in part and in the judgment without writing)

In the Matter of the Conservatorship of Bennett: Bennett v. Bennett, 2023-CA-01385-COA (Civil – Other)
Affirming the chancery court’s finding of criminal contempt for violation of of order prohibiting appellant from visiting his mother in an elder-care facility and distributing mass mailings about his mother and her court proceedings, holding that the finding of contempt did not violate his rights to due process, free speech, or counsel.
(8-1-0: McDonald for the Court; Wilson concurred in part and in the result without writing; Weddle did not participate)

Green v. Presbyterian Christian School, Inc., 2023-CA-01278-COA (Civil – Torts)
Affirming motion to dismiss, holding that the parents who sued a school over their son not making the baseball team failed to state a claim under Rule 12(b)(6).
(7-2-1: Westbrooks for the Court; Wilson concurred in part and in the result without writing; Emfinger concurred in result only without writing; McCarty concurred in part and dissented in part without writing)

Johnson v. South Central Regional Medical Center, 2023-CA-00623-COA (Civil – Med Mal)
Affirming summary judgment dismissing a med mal case for failure to designate an expert witness, holding that the trial court did not err in granting the motion that was filed three years after the complaint was filed or in denying the plaintiff’s Rule 56(f) motion.
(10-0: Wilson for the Court)

Moyer v. Blades, 2023-CA-01180-COA (Civil – Personal Injury)
Affirming dismissal for failure to prosecute, holding that the trial court did not abuse its discretion in dismissing the lawsuit with prejudice under Rule 37 after the plaintiffs failed to respond to discovery for over a year and then failed to comply with a court order compelling them to respond.
(6-3-0: Wilson for the Court; McDonald and McCarty concurred in part and in the result without writing; Westbrooks concurred in result only without writing; Barnes did not participate)

Practice Point – I though this footnote was interesting from a civil defendant’s standpoint:

Goodloe v. State, 2023-KA-00960-COA (Criminal – Felony)
Affirming convictions of two counts of sexual batter and one count of fondling and sentencing as violent habitual offender, holding that allowing an expert to testify about the victims’ truthfulness was harmless error because the evidence of guilt sufficiently outweighed any harm caused by the admission and that the defendant did not receive ineffective assistance of counsel for failing to give an opening statement.
(7-2-0: Westbrooks and McDonald concurred in part and in the result without writing; Weddle did not participate)

Swims v. State, 2023-KA-01244-COA (Criminal – Felony)
Affirming conviction of second degree murder and possession of a firearm by a felon, holding that the trial court did not err in refusing the instruct the jury on the Weathersby rule, that the trial court did not abuse its discretion in allowing lay testimony about blood on the ground, and that though the trial court abused its discretion in admitting an autopsy report and in allowing testimony that simply repeated the autopsy report those errors were cumulative of admissible evidence and harmless.
(8-2: Wilson for the Court; Westbrooks concurred in part and dissented in part without writing; McDonald concurred in part and dissented in part, joined by McCarty in part)

Knox v. Alford, 2024-CA-00442-COA (Civil – Other)
Affirming the trial court’s order denying a Rule 60(b) motion to alter a judgment of a dismissal for want of prosecution, holding that the trial court did not err in finding that neither the plaintiff’s motion to leave his case on the docket filed in response to the clerk’s Rule 41 notice nor his request for a trial setting was a sufficient “action of record.”
(7-3: Barnes for the Court; Lawrence concurred in part and dissented in part, joined by Westbrooks and McDonald and joined in part by McCarty)

Brownlee v. State, 2024-CA-00585-COA (Civil – State Boards & Agencies)
Reversing and rendering the circuit court’s decision affirming MDOC’s denial of an ARP request for a parole-eligibility date, holding that MDOC lacked authority to disregard the sentencing court’s judgment and sentence even though the sentence was contrary to statute.
(6-1-3: Wilson for the Court; McDonald concurred in part and in the result without writing; Emfinger dissented, joined by Lawrence and Weddle)

Other Orders

  • Phinizee v. State, 2023-KA-01090-COA (denying rehearing)
  • Caffey v. Forrest Health, 2023-CA-01232-COA (denying rehearing)

Hand Down Page

Mississippi Court of Appeals Decisions of July 22, 2025

The Mississippi Court of Appeals handed down ten opinions today. These opinions cover personal injury, felonies, unauthorized practice of law, appellate jurisdiction, contract, and more. You can read my summaries below.

Varnado v. State, 2024-KA-00338-COA (Criminal – Felony)
Affirming conviction of seven counts of sexual battery, holding that the trial court did not abuse its discretion in admitting testimony under the Tender Years Exception, that the trial court did not abuse its discretion by allowing the State to ask a victim leading questions on direct, and that the trial court did not err in denying the defendant’s motion for new trial or JNOV challenging the sufficiency and weight of the evidence.
(10-0: St. Pe’ for the Court)

Singh v. Singh, 2024-CA-00646-COA (Civil – Contract)
Affirming the circuit court’s reversal of the county court in a garnishment dispute, holding that the county court’s decision granting a stay of garnishment was not supported by the evidence.
(9-0: St. Pe’ for the Court; Westbrooks did not participate)

Owens v. Boyd Biloxi LLC, 2024-CA-00330-COA (Civil – Personal Injury)
Affirming the circuit court’s grant of summary judgment for the defendant in a slip-and-fall case, holding that the plaintiff failed to come forward with evidence that the defendant had actual or constructive knowledge of water’s presence on the floor.
(10-0: Weddle for the Court)

Brown v. State, 2024-CA-00307-COA (Civil – PCR)
Affirming dismissal of a PCR motion, holding that the trial court did not err in finding that the petition seeking permission to file an appeal nearly 15 years after conviction was time-barred and not subject to exceptions.
(9-0: McCarty for the Court; Weddle did not participate)

Quilantan v. State, 2024-CP-00357-COA (Civil – PCR)
Affirming denial of PCR motion, holding that there was no merit to the claim based on the absence of a PSI report, ineffective assistance of counsel, or failure to provide a certified interpreter.
(9-0: McDonald for the Court; Emfinger did not participate)

Williams v. Williams, 2023-CA-00992-COA (Civil – Domestic Relations)
Dismissing appeal of a decision granting a divorce for lack of final, appealable judgment in a divorce case.
(10-0: Carlton for the Court)

Rash v. State, 2023-KA-01284-COA (Criminal – Felony)
Affirming conviction of being a felon in possession of a firearm, holding that there was no merit to the pro se arguments that the trial court failed to properly instruct the jury, that trial counsel provided ineffective assistance, that the State committed prosecutorial misconduct, or that the deputy lacked probable cause or reasonable suspicion for the traffic stop that started it all.
(8-1-0: Carlton for the Court; McDonald concurred in result only without writing; Westbrooks dissented without writing)

Patterson v. State, 2024-KA-00268-COA (Criminal – Felony)
Affirming conviction of aggravated assault and possession of a firearm by a felon, holding that the defendant’s rights to confrontation and a fair trial were not violated by the hearsay testimony where a hearsay objection was sustained and no curative instruction was sought and that the verdict was not against the overwhelming weight of the evidence.
(10-0: Carlton for the Court)

Lenoire v. State, 2024-KM-00035-COA (Criminal – Misdemeanor)
Reversing conviction of practicing law without a license, holding that the circuit court did not err in denying the defendant’s motion to dismiss the charging affidavit, but that the circuit court’s commentary during the pronouncement of the guilty verdict created a reasonable doubt about the presumption of impartiality and amounted to plain error and that the defendant was deprived of his right to a jury trial and right to counsel.
(6-3: Barnes for the Court; Lawrence concurred in part and dissented in part, joined by Carlton and Emfinger; Weddle did not participate)

Jackson v. State, 2023-KA-01280-COA (Criminal – Felony)
Affirming conviction of three counts of trafficking controlled substances, holding that the good faith exception to the exclusionary rule applied where, though probable cause to support the warrant was lacking, law enforcement reasonably relied on a facially valid warrant.
(7-1-2: Wilson for the Court; Carlton concurred in result only without writing; Westbrooks dissented, joined by McDonald)

Other Orders

  • Roncali v. State, 2023-KA-00173-COA (denying rehearing)
  • Roberts v. Roberts, 2023-CA-00934-COA (denying rehearing)
  • Terry v. State, 2023-KA-00979-COA (denying rehearing)

Hand Down Page

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)

Hand Down Page

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)

Hand Down Page

Mississippi Court of Appeals Decisions of June 3, 2025

The Mississippi Court of Appeals handed down four opinions today. There are two direct criminal appeals, a PCR case, and part two of an ecclesiastical abstention saga.

Stephney v. State, 2023-KA-00936-COA (Criminal – Felony)
Affirming conviction of second-degree murder and attempted murder with firearm enhancement, denying without prejudice to reassert the claim for ineffective-assistance-of-counsel based on trial counsel not seeking a severance and holding that the defendant knowingly and intelligently waived his constitutional right to conflict-free representation.
(9-1-0: Lawrence for the majority; McCarty concurred in part and in the result without writing)

Washington v. State, 2024-CP-00059-COA (Civil – PCR)
Affirming dismissal of a PCR motion, holding that the trial court did not commit reversible error in summarily dismissing the PCR motion without an evidentiary hearing or in denying the motion for discovery.
(7-2-1: Lawrence for the majority; Wilson and McDonald concurred in part and in the result without writing; Emfinger did not participate)

Union Hill Missionary Baptist Church, Inc. v. Champion, 2024-CA-00401-COA (Civil – Other)
Affirming the chancellor’s decision vacating his prior orders and dismissing the complaint in a case involving a church congregation’s dispute over church governance, holding that the courts are without jurisdiction to adjudicate such ecclesiastical matters.
(10-0: Westbrooks for the the court)

Beasley v. State, 2023-KA-01228-COA (Criminal – Felony)
Affirming conviction of statutory rape, holding that it was error to deny the defendant’s motion to admit evidence under Rule 412(b)(1)(A) but that the error was harmless and that the evidence was sufficient to support the verdict.
(9-3*-0: Emfinger for the court; Westbrooks specially concurred, joined by McDonald and McCarty)

Other Orders

  • Armistad v. State, 2023-KA-00799-COA (denying rehearing)
  • Turner v. State, 2023-KA-01167-COA (denying rehearing)

Hand Down Page

Mississippi Court of Appeals Decisions of May 13 and May 20, 2025

The Mississippi Court of Appeals handed down six opinions last week and a hearty eleven today. There are some interesting cases in the mix and a summary of each is below.

May 13, 2025

May v. May, 2023-CA-01022-COA, consolidated with 2023-M-01401-COA (Civil – Domestic Relations)
Vacating the chancellor’s order of contempt for failure to pay child support but affirming his denial of the motion to recuse, holding that the chancery court did not have personal jurisdiction for purposes of a contempt ruling for want of service under Rule 81, but that although the chancellor erred in finding that the motion for recusal was untimely it was nevertheless within his discretion to deny it.
(9-1-0: Lawrence concurred in result only without writing)

Fortner v. IMS Engineers, Inc., 2023-CA-01170-COA (Civil – Personal Injury)
Affirming summary judgment in favor of a company that had been engaged to oversee and manage road improvement projects until about ten months before a fatal accident occurred, holding that there was no evidence that the company owed a duty of care once its involvement ended and the City took over the management role.
(8-1-0: Wilson concurred in part and in the result without writing; Carlton did not participate)

Horne v. Dolgencorp LLC, 2024-CA-00376-COA (Civil – Personal Injury)
Affirming summary judgment in a trip-and-fall case after a customer tripped on merchandise in an aisle, holding that there was no evidence that the store had actual or constructive knowledge of the presence of the dangerous condition.
(8-2: Westbrooks and McDonald dissented without writing)

Shipley v. Shipley, 2023-CA-00814-COA (Civil – Custody)
Affirming judgment modifying the custody arrangement by giving the mother sole physical and legal custody, holding that the chancellor did not err in modifying physical and legal custody based the mother’s relocation to Oregon, that the chancellor’s did not err by failing to consider the totality of the circumstances, that the chancellor did not give undue weight to one Albright factor, and that the argument that the chancellor erred by not sua sponte appointing a GAL to investigate allegations of abuse was procedurally barred, and declining to address child support in after ruling that the chancellor did not err in its custody decision.
(7-3: Wilson dissented, joined by Carlton and Emfinger)

Magyar v. Shiers, 2023-CA-00682-COA (Torts – Other)
Affirming bench trial decision finding the defendant liable for malicious prosecution and awarding compensatory and punitive damages, holding that there was evidence to support each element of malicious prosecution where the defendant had filed charging affidavits against the plaintiffs alleging that they were intentionally damaging his property by allowing sewage from a leaking septic system to run into his property but the justice court dismissed the charges for lack of evidence.
(10-0)

Mueller Industries, Inc. v. Waits, 2023-WC-00494-COA (Civil – Workers’ Comp)
Reversing the Commission’s decision ordering a lump sum payment, holding that the information in the record did not permit the Court to review the Commission’s computations of TPD and remanding for the Commission to determine whether TPD was properly calculated and credited, determine whether the claimant received more than the maximum weekly benefit and whether the Employer/Carrier should receive a credit for overpayment, and ensure that the Employer/Carrier was not charged with penalties or interest after the date the Commission found that no further benefits were owed.
(8-2: Westbrooks concurred in part and dissented in part, joined by McDonald and joined in part by McCarty)

Other Orders

  • Mount v. State, 2023-KA-00807-COA (denying rehearing)
  • Begnaud v. Begnaud, 2023-CA-00822-COA (denying rehearing)
  • In the Matter of Estate of Tate: Garfield v. Tate, 2023-CA-01262-COA (denying rehearing)

Hand Down Page

May 20, 2025

Mask v. Baggett, 2024-CA-00181-COA (Civil – Domestic Relations)
Affirming the chancellor’s decisions denying a motion for contempt and attorney’s fees in a divorce action for lack of proof, holding that the chancellor’s finding that neither party had sufficient proof to support motions for contempt and attorney’s fees was supported by the record and lack of record, that the appellant failed to show that the chancellor abused his discretion by denying the Rule 59 motion due to clear error or manifest injustice.
(10-0)

Bickes v. Swain, 2024-CA-00187-COA (Civil – Personal Injury)
Affirming summary judgment in favor of the mother of the bride and the venue in a premises liability suit filed by a wedding guest who hurt his leg stepping off a porch at the venue, holding that the circuit court did not err in granting summary judgment without conducting a hearing that had been set and that summary judgment was proper because there was no evidence of a dangerous condition that could support liability regardless of whether the plaintiff was classified as a licensee or an invitee.
(7-1-1: Westbrooks concurred in result only without writing; McDonald concurred in part and dissented in part without writing; Weddle did not participate)

Page v. State, 2024-CP-00613-COA (Civil – Other)
Affirming the circuit court’s rejection of the plaintiff’s motion for discovery in the circuit court in which he was convicted of attacking a woman with a knife two decades ago, holding that the circuit court did not err in rejecting the claim as a standalone claim separate from a PCR petition though the circuit court incorrectly “denied” the motion instead of “dismissing” the motion for lack of personal jurisdiction.
(10-0)

Jones v. State, 2023-KA-01157-COA (Criminal – Felony)
Affirming conviction of armed robbery, holding that the circuit court did not commit plain error in excluding evidence of a witness’s prior convictions because the weight of evidence of guilt was overwhelming, that the Miranda violation arguments were procedurally barred and did not merit reversal under the plain error doctrine.
(9-1-0: Wilson concurred in part and in the result without writing)

Pickett v. State, 2024-KA-00511-COA (Criminal – Felony)
Affirming conviction of one count of burglary of a dwelling with intent to commit a larceny, holding that the issue of the circuit court’s denial of the motions for directed verdict was procedurally barred and lacked merit because the evidence was sufficient and the verdict not against the overwhelming weight of the evidence and the circuit court did not err in denying the motions without making specific findings of fact.
(10-0)

Mortera v. Kona Villa Owners Association, Inc., 2023-CA-01297-COA (Civil – Property Damage)
Reversing summary judgment that was entered in favor of an HOA that declined to pursue a property damage claim on behalf of a condo unit owner, holding that based on the bylaws and insurance policy terms there was a genuine fact dispute over the HOA’s status of a fiduciary.
(9-0)

Parrott v. Frierson, 2023-SA-01245-COA (Civil – State Boards and Agencies)
Affirming the chancery court’s dismissal of taxpayers’ petition appealing the Board of Tax Appeals’ order, holding that there was substantial evidence to support the chancellor’s finding that “yard sales” where the taxpayers purchased storage units and sold the contents were not isolated, casual, or occasional sales but sales made in the course of business and subject to sales tax, that the chancellor did not err in finding that the MDOR’s income tax assessment was prima facie correct, that the taxpayers did not overcome the presumption of correctness, and that the chancellor properly affirmed assessment of penalties and interest.
(10-0)

Forrest County General Hospital v. Knight, 2023-WC-01277-COA (Civil – Workers’ Comp)
Affirming the Commission’s order that affirmed the AJ’s order that the claimant suffered an 80% industrial loss of use of the right leg and reducing it to 60% due to apportionment but reversed the AJ’s finding of no loss of wage-earning capacity and awarded 15% LWEC for the low back injury, holding that under the deferential standard of review there was evidence to support the Commission’s decision.
(10-0)

Roach v. Roach, 2024-CA-00236-COA (Civil – Domestic Relations)
Affirming the chancery court’s denial of the ex-wife’s Rule 60(b) motion after the ex-husband was granted a divorce on the grounds of habitual cruel and inhumane treatment, holding that the chancery court did not err in finding that service of process by certified mail was proper and that the ex-wife failed to show exceptional circumstances related to her claim that her prior attorney was ineffective warranting relief under Rule 60(b).
(10-0)

Allen & Smith Insurance Agency, Inc. v. Merrill, 2023-CA-00468-COA (Civil – Contract)
Affirming summary judgment granted in favor of a former employee in a breach of contract claim alleging violations of a non-compete agreement, holding that the court had appellate jurisdiction even though the judgment did not include the language “no just reason for delay” and that the circuit court did not err in finding certain provisions ambiguous and striking them from the agreement.
(5-5: Carlton and Emfinger concurred in part and dissented in part; Wilson dissented, joined by Barnes, and McCarty and joined in party by Carlton and Emfinger)

NOTE – I hope this one goes up on cert. My impression is that the holding of the principal opinion would relax the Rule 54(b) standard as it has been enforced. In the meantime, I would not stop putting all of the Rule 54(b) magic language in your judgments.

Strong v. Acara Solutions, Inc., 2024-CA-00455-COA (Civil – Personal Injury)
Reversing summary judgment in favor of the defendant based on judicial estoppel after the plaintiff failed to disclose this personal injury claim in her bankruptcy proceedings, holding that the “acceptance” element of judicial estoppel was not met where the bankruptcy as dismissed without a discharge.
(8-2: Emfinger dissented, joined by Wilson)

Other Orders

  • Culbertson v. State, 2023-KA-00588-COA (denying rehearing)
  • Boone v. State, 2023-KA-00684-COA (denying rehearing)
  • Gibson v. State, 2023-KA-00704-COA (denying rehearing)
  • Grimes v. State, 2023-KA-01254-COA (denying rehearing)
  • Burnette v. State, 2023-CP-01330-COA (denying rehearing)

Hand Down Page