Tag: PCR

Mississippi Supreme Court Decisions of January 30, 2025

The Mississippi Supreme Court handed down four opinions today. There was a UM dec action along with three direct criminal appeals. One of the direct criminal appeals resulted in reversal based on an erroneous jury instruction.

Williams v. Mississippi Farm Bureau Cas. Ins. Co., 2023-CA-01225-SCT (Civil – Insurance)
Affirming the trial court’s decision granting a UM carrier’s motion for summary judgment in a dec action, holding that the UM policy did not unlawfully restrict or reduce coverage mandated by Mississippi’s UM Act and that clear and unambiguous language in the policy excluded ATVs from the term “uninsured motorist.”
(9-0)

Barnett v. State, 2023-KA-00742-SCT (Criminal – Felony)
Reversing conviction for sale of meth, holding that the trial court committed reversible error by giving a jury instruction that improperly commented on the weight of the evidence.
(7-2: Randolph dissented, joined by Branning)

N0te – Here is the text of the jury instruction that warranted reversal:

Robinson v. State, 2023-KA-00773-SCT (Criminal – Felony)
Affirming conviction of aggravated assault, holding that the evidence was sufficient to support the conviction, and rejecting the appellant’s pro se arguments that his appellate counsel were ineffective, that the State committed Brady violations, and that the trial court lacked jurisdiction.
(9-0)

Kendrick v. State, 2024-KM-00510-SCT (Criminal – Misdemeanor)
Affirming the circuit court’s decision affirming the county court’s decision affirming a municipal court conviction of DUI first offense and possession of drug paraphernalia, holding that the county court did not err in denying a motion to suppress that claimed the traffic stop was illegal.
(8-0: Randolph did not participate)

Other Orders

  • In Re: The Rules of Civil Procedure, 89-R-99001-SCT (granting motion to amend M.R.C.P. 14 to be effective 30 days from the entry of the order on January 27, 2025)
  • In Re: Weaver, 2017-M-00527 (denying misnamed application for leave to seek post-conviction relief in the trial court, finding the application successive and frivious, and warning that future frivolous filings may result in sanctions)
  • Lestrick v. State, 2021-CT-01409-SCT (dismissing cert petition)
  • Gilmer v. Biegel, 2022-CP-00528 (denying motion for citation of contempt and sanctions and ordering payment of sanction)
  • Weatherly v. Weatherly, 2022-CT-00804-SCT (granting cert)
  • Jackson v. State, 2023-CT-00201-SCT (denying cert)
  • Jackson v. State, 2023-CT_201-SCT (denying pro se cert petition)
  • Carpenter v. State, 2023-CT-00580-SCT (denying cert)CT (denying cert)
  • In Re Validation of up to $27,600,000 Trust Certificates Evidencing Proportional Interests in a Lease by The Simpson County School District: Floyd v. Simpson County School Board, 2023-CA-01126-SCT (denying motion for rehearing and amended motion for rehearing)
  • Parker v. Stewart, 2023-CA-01257-SCT (granting motion to dismiss appeal)
  • Parker v. Stewart, 2023-CA-01257 (per curiam affirmance)

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Mississippi Court of Appeals Decisions of January 28, 2025

The Mississippi Court of Appeals handed down four opinions yesterday and a stray opinion on Thursday of last week. Three are direct criminal appeals, one is a breach of contract/real property case, and the other is a PCR case.

Childs v. State, 2023-CA-00126-COA, consolidated with 2018-CT-00263-COA and 2011-CT-00263-COA (Civil – PCR)
Affirming denial of a motion for PCR, holding that it did not have subject matter over the venue claim, that there was no clear error in denying the Brady claim, and that the claimant failed to establish a claim of ineffective assistance.
(9-0: McCarty did not participate)

JLS Farm Partnership v. ’27 Break Hunting Club, Inc., 2023-CA-00434-COA (Civil – Contract)
Affirming the circuit court’s grant of summary judgment in favor of hunting clubs in a suit filed against them by an adjacent farming partnership after the partnership’s deer depredation permit was revoked and the clubs opposed a new permit, holding that the trial court did not err in finding no evidence to support the partnership’s claims of breach of contract, tortious breach of contract, breach of the implied duty of good faith and fair dealing, and promissory estoppel.
(9-0: Lawrence did not participate)

Haynes v. State, 2023-KA-00861-COA (Criminal – Felony)
Reversing conviction of manslaughter, holding that the trial court erred by denying a stand-your-ground instruction but also holding that the State presented sufficient evidence to sustain the conviction.
(9-1-0: Carlton concurred in result only without writing)

Adame v. State, 2023-KA-00758-COA (Criminal – Felony)
affirming conviction of fondling, holding that the trial court did not abuse its discretion by giving a jury instruction concerning uncorroborated testimony of a sex-crime victim.
(9-0: St. Pe’ did not participate)

Note – Here is the jury instruction that passed muster:

Bonus decision from January 23, 2025

Culbertson v. State, 2023-KA-00588-COA (Criminal – Felony)
Affirming conviction of two counts of aggravated domestic violence as a violent habitual offender, holding that the trial court did not err in refusing a lesser-included offense instruction for each count, in denying a motion to exclude evidence of the defendant’s prior bad acts, or in sentencing him as a habitual offender, and that trial counsel was not ineffective for not submitting a lesser-included instruction that was not warranted.
(5-5: Barnes concurred in part and dissented in part, joined by Wilson, Westbrooks, McDonald, and Emfinger)

Other Orders

  • Mazie v. Boozier-Mazie, 2023-CA-00470-COA (denying rehearing)
  • Walker v. State, 2023-CP-00787-COA (denying rehearing)

Hand Down Page – Jan. 28, 2025

Hand Down Page – Jan. 23, 2025

Mississippi Court of Appeals Decisions of January 21, 2025

The Mississippi Court of Appeals handed down six opinions today. There is a pair of direct criminal appeals, a pair of PCR decisions, a custody decision, and an adverse possession decision.

Burnette v. State, 2023-CP-01330-COA (Civil – PCR)
Affirming summary dismissal of PCR motion, holding that it was time-barred.
(9-0: St. Pe’ did not participate)

Moore v. State, 2024-CP-00150-COA (Civil – PCR)
Affirming summary dismissal of a PCR motion, holding that it was time-barred and successive.
(9-0: St. Pe’ did not participate)

Grimes v. State, 2023-KA-01254-COA (Criminal – Felony)
Affirming conviction of manslaughter and sentence after remand for an evidentiary hearing on alleged juror misconduct, holding that the trial court did not err in finding that no conduct by a juror prejudiced the defendant.
(8-0: Weddle and St. Pe’ did not participate)

Adams v. Adams, 2023-CA-01041-COA (Civil – Domestic Relations)
Affirming the chancellor’s custody ruling in a divorce proceeding, holding that the chancellor did not err in applying the Albright factors and determining that it was in the children’s best interest to award sole physical custody to the mother.
(9-0: St. Pe’ did not participate)

Robinson v. State, 2023-KA-00575-COA (Criminal – Felony)
Affirming conviction of sexual battery, holding that in light of overwhelming evidence of guilt the defendant failed to show that his trial counsel was ineffective for introducing a recording between an officer and a witness.
(7-2-0: Barnes concurred in part and in the result without writing; Wilson concurred in result only without writing; St. Pe’ did not participate)

Phillips v. Forrest County Industrial Park Commission, 2023-CA-01132-COA (Civil – Real Property)
Affirming the chancellor’s finding that the Commission acquired title to two acres of land by adverse possession and dismissing counterclaims, holding that the Commission proved the elements of adverse possession and that as a result the appellants’ counterclaims for trespass, unlawful withholding possession, and unjust enrichment were properly dismissed.
(6-3-0: Wilson and McDonald concurred in part and in the result without writing; Westbrooks concurred in result only without writing)

Other Orders

  • None

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Mississippi Court of Appeals Decisions of January 7, 2025

Happy New Year! Many thanks to all who read the blog over the past year, I truly appreciate your support. But that is all the time we have for sentimentality because the Mississippi Court of Appeals wasted no time getting back in the action. There are ten opinions today and you can read my summaries below.

Poole v. State, 2023-KA-01162-COA (Criminal – Felony)
Affirming conviction of possession of meth, holding that the trial court did not err in denying the defendant’s motions for directed verdict of JNOV where the defendant failed to file a motion a suppress evidence and failed to contemporaneously object to the evidence being admitted.
(7-2-0: Westbrooks and McDonald concurred in result only without writing, St. Pe’ did not participate.)

Everett v. State, 2024-CP-00206-COA (Civil – State Boards and Agencies)
Affirming the trial court’s dismiss of a “petition for judicial review” as time-barred because it was filed two and one-half years after the petitioner had exhausted his administrative remedies.
(9-0: St. Pe’ did not participate)

Begnaud v. Begnaud, 2023-CA-00822-COA (Civil – Domestic Relations)
Reversing the chancellor’s decisions in a divorce case, holding that the chancellor erred in failing to value guns before awarding them to one party, in failing to consider the tax consequences of receiving funds from a retirement account, and in awarding a credit for child support payments.
(9-0: St. Pe’ did not participate)

In re: Harvey; Chimento v. Schwark, 2023-CA-00398-COA (Civil – Wills, Trust, & Estates)
Affirming the chancellor’s decision in a will contest, holding that the chancellor did not err in finding that the testator had capacity, that there was not abuse or suspicious circumstances giving rise to a presumption of undue influence, that there was due execution, or that the proponent overcame the presumption of revocation.
(9-0: St. Pe’ did not participate)

Rencher v. State, 2024-CP-00008-COA (Civil – PCR)
Affirming denial of a PCR motion, holding that the trial court did not err in finding that the claim of ineffective assistance of counsel is without merit.
(6-2-0: Wilson and Emfinger concurred in part and in the result without writing; Weddle and St. Pe’ did not participate)

Jones v. State, 2023-CP-01247-COA (Civil – PCR)
Affirming the trial court’s dismissal of a PCR motion, holding that the trial court lacked jurisdiction because the petitioner did not obtain permission from the Mississippi Supreme Court before filing the motion.
(9-0: St. Pe’ did not participate)

Walker v. Mississippi State Parole Board, 2023-CP-00919-COA (Civil – State Boards and Agencies)
Affirming dismissal of petition for judicial review of MDOC decision, holding that the trial court did not err in finding that the petitioner failed to exhaust his administrative remedies.
(9-0: St. Pe’ did not participate)

Boone v. State, 2023-KA-00684-COA (Criminal – Felony)
Affirming conviction two counts of gratification of lust, holding that the verdict was not against the overwhelming weight of the evidence and that the trial court did abuse its discretion in denying a motion in limine to exclude prior bad acts testimony or in giving an instruction re: sufficiency of the unsupported word of the victim.
(9-0: St. Pe’ did not participate)

Mount v. State, 2023-KA-00807-COA (Criminal – Felony)
Affirming conviction of first-degree murder, holding that the trial court did not abuse its discretion in finding the defendant competent to stand and that the verdict was not contrary to the overwhelming weight of the evidence regarding his sanity at the time of the offense.
(5-4-0: St. Pe’ did not participate)

Wilson v. Barnes-Wilson, 2023-CA-00945-COA (Torts – Other)
Affirming the trial court’s grant of a motion to dismiss for failure to prosecute, holding that the trial court did not abuse its discretion where the plaintiff took no action of record for two years and then failed respond to the motion to dismiss for over a year and even then only after the case was dismissed.
(7-2-0: McDonald and McCarty concurred in part and in the result without writing; St. Pe’ did not participate.)

Other Orders

  • Alexander v. State, 2022-KA-00977-COA (denying rehearing)
  • Campbell v. State, 2022-KA-01055-COA (denying rehearing)
  • Galang v. State, 2023-KA-00006-COA (denying rehearing)
  • Howell v. State, 2023-KM-00265-COA (denying rehearing)
  • Wilkerson v. Allred, 2023-CA-00393-COA (denying rehearing)
  • Harris v. State, 2023-KA-00460-COA (denying rehearing)
  • Brown v. State, 2023-KA-00658-COA (denying rehearing)
  • Haley v. State, 2023-CP-00918-COA (denying rehearing)

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Mississippi Court of Appeals Decisions of December 17, 2024

The Mississippi Court of Appeals handed down six opinions in what appears to be the last slate of decisions from Mississippi’s appellate courts in 2024. There are two direct criminal appeals, three PCR cases, and a $1M+ personal injury verdict.

Williams v. State, 2023-KA-00346-COA (Criminal – Felony)
Affirming conviction of first-degree murder, holding that the trial court did not admit inadmissible hearsay by allowing an officer to testify about limited information that guided his investigation and that State did not improperly comment on the defendant’s failure to testify.
(4-4-1: McCarty dissented, joined in part by Barnes, Wilson, McDonald, and Lawrence; Westbrooks did not participate)

Parker v. State, 2023-KA-00550-COA (Criminal – Felony)
Affirming conviction of two counts of fourth-offense simple domestic violence, holding that the trial court erred in admitting affidavits containing facts about the defendant’s prior offenses but that the error was harmless, that the trial court did not err in admitting the victim’s prior statement through her probation officer, and that because there was just one harmless error the doctrine of cumulative error did not apply.
(8-2-0: Westbrooks and McDonald concurred in part and in the result without writing)

Lawson v. State, 2023-CP-01008-COA (Civil – PCR)
Affirming the trial court’s order denying a PCR motion, holding that there was no clear error or abuse of discretion.
(10-0)

Moore v. State, 2023-CP-01147-COA (Civil – PCR)
Affirming denial of PCR mtoion, holding that the claimant did not prove that his guilty plea was involuntary or that his counsel was ineffective.
(7-1-1: Westbrooks concurred in result only without writing; McDonald concurred in part and dissented in part without writing; Weddle did not participate)

Pilot Travel Centers, LLC v. Womack, 2023-CA-00035-COA (Civil – Personal Injury)
Affirming a judgment after plaintiff’s jury verdict in a slip-and-fall case where the plaintiff slipped and fell on a collapsed wet-floor sign, holding that a reasonable jury could find that the collapsed wet-floor sign constituted an unreasonably or unusually dangerous condition and that the defendant had constructive knowledge of the condition, and that the trial court did not abuse its discretion denying the motion for new trial that argued that expert testimony should not have been admitted, that the plaintiff’s attorney made improper statements during closing arguments, and that the non-economic damages (that the trial court reduced from $3M to $1M) was still excessive in light of the $393,000 award of compensatory damages.
(6-2-2: Westbrooks concurred in part and in the result without writing; Emfinger concurred in result only without writing; Wilson dissented, joined by Barnes and joined in party by Westbrooks)

Practice Point – The majority and the dissent agreed that the plaintiff’s “safety expert” should not have been allowed to testify as such.

Ball v. State, 2023-CP-00890-COA (Civil – PCR)
Affirming the trial court’s denial of the claim for PCR, holding that the claimant waived his argument that his right to be free from Double Jeopardy.
(9-1-0: Westbrooks specially concurred, joined by Barnes and McDonald)

Other Orders

  • None.

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Mississippi Supreme Court Decisions of December 5, 2024

The Mississippi Supreme Court handed down six opinions today covering personal jurisdiction, waiver of defenses, venue, bad faith, death penalty PRC, and direct criminal appeal. There are also orders amending Rule 10 and Rule 12 of the Mississippi Rules of Civil Procedure.

Palmer v. McRae, 2023-CP-01026-SCT (Civil – Other)
Affirming the circuit court’s order enforcing sureties’ liability, holding that the appellant’s arguments on appeal were waived and procedurally barred on appeal because he failed to appear or otherwise defend in the circuit court.
(8-1-0: King concurred in result only without writing)

Mississippi Department of Human Services v. Johnson, 2022-CT-00605-SCT (Civil – Other)
Reversing the chancery court’s and Court of Appeals’ decisions related to a motion to set aside a 2002 paternity order, holding that while the chancery court lacked personal jurisdiction due to insufficient service of process under Rule 81(d), the defendant waived that challenged by stipulating to the validity of the 2002 order in 2003.
(6-3-0: Randolph concurred in part and in result without writing; Griffis concurred in part and in result, joined by Maxwell and joined in part by Randolph)

Boyett v. Cain, 2022-CT-00978-SCT (Civil – Other)
Reversing the circuit court and the Court of Appeals, holding that they erred in finding that the proper venue for a prisoner to challenge an MDOC decision is the county in which the prisoner is located and clarifying that Section 11-11-3 controls and venue is proper in a county in which a defendant resides or in a county where a substantial act or even caused the alleged injury.
(9-0)

United Services Automobile Association v. Estate of Minor, 2023-CA-00049-SCT (Civil – Insurance)
Affirming a jury award of punitive damages in a bad faith claim on direct appeal but reversing the trial court’s denial of a post-trial motion for attorney’s fees, holding (1) that the trial court did not err in submitting the issue of punitive damages to the jury, (2) that the trial court did not err in submitting what he deemed to be a reasonable amount of attorney’s fees (the plaintiffs’ attorneys’ contingency fee), (3) that the $10M punitive damages award was within the Campbell guideline, (4) that trial court did not err in instructing the jury that adjusters were charged with knowledge of all records at all times, in denying the carrier’s request to depose the insured, or in excluding the insured’s bribery convictions, (5) and rendering a judgment awarding attorney’s fees of $4.5M plus post-judgment interest based on a 45% contingency fee on the punitive damages award.
(5-3: Maxwell concurred in part and dissented in part, joined by Chamberlin and joined in part by Griffis; Griffis dissented, joined in part by Maxwell; Coleman did not participate)

Corrothers v. State, 2023-CA-00401-SCT (Civil – Death Penalty – Post Conviction)
Affirming denial of PCR motion, holding that the trial court did not err in finding that the petitioner failed to prove improper juror communication.
(7-2-0: Kitchens and King concurred in result only without writing)

Mitchell v. State, 2023-KA-00859-SCT (Criminal – Felony)
Affirming conviction of second-degree murder, holding that the trial court did not err in instructing the jury and dismissing the ineffective assistance of counsel claims without prejudice.
(8-1-0: Ishee concurred, joined in part by Randolph and Beam)

Other Orders

  • In Re: The Rules of Civil Procedure, 89-R-99001-SCT (amending Rule 10 of the Mississippi Rules of Civil Procedure) (deleting subsection (d) that required a copy of an account or written instrument to be attached to the pleading asserting a claim founded on such)
  • In Re: The Rules of Civil Procedure, 89-R-99001-SCT (amending Rule 12 of the Mississippi Rules of Civil Procedure) (Advisory Committee Historical Notes states that was done to consistently refer to an “answer” to a counterclaim rather than a “reply”)
  • Landrum v. Livingston Holdings, LLC, 2022-CA-00498-SCT (denying rehearing)
  • Clemmons v. State, 2022-CT-00700-SCT (denying cert)
  • Brown v. Black, 2022-CT-00869 (denying cert)
  • Boyett v. Cain, 2022-CT-00978-SCT (denying motion for reconsideration)
  • Johnson v. State, 2023-CA-00117-SCT (denying rehearing)
  • Wells v. State, 2023-KA-00670-SCT (denying rehearing)
  • In Re: Andrew McGraw, 2024-M-00654 (denying application to proceed in the trial court, finding that the application is frivolous, and restricting the petitioner from filing further PCR applications in forma pauperis)

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Mississippi Court of Appeals Decisions of December 3, 2024

The Mississippi Court of Appeals handed down seven opinions today. It was a big day for real property and wills. There are also two criminal appeals, an MTCA personal injury case, and a PCR case.

Pham v. Miner, 2023-CA-00266-COA (Civil – Real Property)
Reversing the chancellor’s decision in a dispute over ownership of a parcel, holding that the chancellor erred in finding that a deed was defective and subject to interpretation with parol evidence and further that the chancellor failed to make a specific ruling on the adverse possession claim.
(9-0: Smith did not participate)

Estate of Forkner: Berry v. Forkner, 2023-CA-00707-COA (Civil – Wills, Trusts & Estates)
Affirming in part and reversing in part the chancellor’s rulings related to the construction of a holographic will, holding that the chancellor did not err in admitting the will to probate, in finding that real property should pass by intestate succession, or in awarding personal property to one party, but reversing and remanding the issue of attorney’s fees for the chancellor’s failure to apply the McKee factors with supporting findings.
(8-1-1: Westbrooks concurred in result only without writing; McDonald concurred in part and dissented in part without writing)

Lewis v. State, 2023-CP-01109-COA (Civil – PCR)
Affirming summary denial of PRC motion, holding that it was time-barred without applicable exception.
(9-0: Smith did not participate)

Booth v. State, 2023-KA-00906-COA (Criminal – Felony)
Affirming conviction of second-degree murder, holding after review of Lindsey brief and the record that there are no arguable issues on appeal.
(10-0)

Lucas v. State, 2023-KA-01015-COA (Criminal – Felony)
Reversing conviction of malicious mischief, holding that malicious mischief is not a lesser-included offense of the indicted offense of burglary of a dwelling.
(9-1-0: Lawrence concurred in part and in result without writing)

Smith v. Anderson, 2022-CA-00959-COA (Civil – Real Property)
Affirming the chancellor’s decision in a dispute among cousins over 159 acres, holding that the chancellor did not err in dismissing a counterclaim of adverse possession or in “failing to address” affirmative defenses that were not pursued, and that an issue not raised in the chancery court was waived on appeal.
(10-0)

Berry v. Jackson County, 2023-CA-00643-COA (Civil – Personal Injury)
Affirming summary judgment in favor of the County in an MTCA suit stemming from a collision with a suspect who was fleeing law enforcement, holding that the plaintiff did not present evidence that the County acted in reckless disregard of her safety.
(5-3-0: Wilson and McDonald concurred in part and in result without writing; Westbrooks concurred in result only without writing; Lawrence and Smith did not participate)

Other Orders

  • Hyland v. State, 2023-CA-00256-COA (denying rehearing)
  • Aldridge v. South Tippah County School District, 2023-CA-00418-COA (denying rehearing)
  • Estate of Johnson: Manners v. Estate of Johnson, 2023-CA-00823-COA (denying rehearing)

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

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

Mississippi Court of Appeals – November 5, 2024

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

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

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

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

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

Other Orders

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

Hand Down Page

Mississippi Supreme Court – November 7, 2024

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

Other Orders

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

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

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

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Mississippi Court of Appeals Decisions of October 22 and October 29, 2024

The Mississippi Court of Appeals handed down four opinions last week and seven this week. You can read summaries of the lot below.

October 22, 2024

Hampton v. State, 2023-KA-00068-COA (Criminal – Felony)
Affirming convictions of first-degree murder and using a firearm during the commission of a felony, but vacating the consecutive five-year sentence for using a firearm during the commission of a felony where he was also sentenced to life.
(9-0: Weddle did not participate)

Baur v. Ribelin, 2023-CA-00018-COA (Civil – Real Property)
Affirming on direct and cross appeal in an adverse possession action, holding that the chancellor did not err in denying the claim for adverse possession or in confirming title in the rightful owner.
(8-1-0: Wilson concurred in part and in the result without writing; Weddle did not participate)

Johnson v. SW Gaming LLC, 2023-CA-00505-COA (Civil – Personal Injury)
Affirming the circuit court’s decisions granting the defendants’ motions for summary judgment in an inadequate security case, holding that the evidence was not sufficient to establish an atmosphere of violence or actual or constructive knowledge that the assailant was a violent person and the evidence was not sufficient to establish garden variety negligence.
(9-0: Weddle did not participate)

In the Interest of A.R.H., a Minor: Malone v. Jackson County Dept. of Child Protection Services, 2023-CA-00420-COA (Civil – Custody)
Affirming the youth court’s custody order, holding that the youth court was in its discretion to find aggravated circumstances warranting bypassing reasonable efforts for reunification and that there were no evidentiary errors.
(5-4: Wilson and Westbrooks dissented without writing; McDonnald dissented, joined by Westbrooks and McCarty)

October 29, 2024

Banks v. Banks, 2023-CA-00515-COA (Civil – Domestic Relations)
Dismissing appeal for want of an appealable judgment.
(9-0: Weddle did not participate)

Ware v. State, 2023-CP-00909-COA (Civil – PCR)
Affirming summary denial of PCR motion, holding that the motion was time-barred and successive.
(9-0: Weddle did not participate)

Morland v. Morland, 2023-CA-00237-COA (Civil – Custody)
Affirming the chancellor’s rulings in a divorce matter, holding that the chancellor did not err in finding that it was in the child’s best interest to be in the mother’s exclusive custody subject to visitation, in calculation and award of child support to the mother, or in awarding the mother attorney’s fees.
(9-0: Weddle did not participate)

Mallard v. State, 2023-CP-01155-COA (Civil – PCR)
Affirming denial of PCR motion, holding that the petitioner could not duck the successive petitions bar by proving any exceptions.
(7-1-1: Westbrooks concurred in result only without writing; McDonald concurred in part and dissented in part without writing)

Sessums v. Chicken Nugget, Inc., 2023-CA-00128-COA (Civil – Personal Injury)
Affirming summary judgment in a premises liability case where the plaintiff tripped over two parking curbs, holding that the plaintiff did not come forward with evidence to prove that two abutting parking curbs created an unreasonably dangerous condition.
(9-0: Weddle did not participate)

Scott v. State, 2023-KA-00559-COA (Criminal – Felony)
Affirming conviction of one count of child abuse and conviction of life imprisonment without eligibility for parole for a father who abused his infant child, holding (1) that the admission of the father’s prior conviction for failure to register as a sex offender was not reversible error though it was error to refer to it as “failure to register as a sex offender” instead of “failure to register” which was the actual language in the prior sentencing order, (2) that the conviction was supported by sufficient evidence, and (3) the verdict was not against the overwhelming weight of the evidence.
(4-5-0: Wilson and Smith concur in part and in the result without writing; Westbrooks, McDonald, and Lawrence concur in result only without writing; Weddle did not participate)

Tisdale v. South Central Regional Medical Center, 2023-CA-00231-COA (Civil – Med Mal)
Affirming dismissal for failure prosecute, holding that the trial court did not err in reviewing the motion under Rule 41(b) instead of Rule 37, did not miscalculate the delay and correctly found clear delay with no activity occurring to advance the case to judgment in over two years, and did not abuse its discretion in determining that anything less than a dismissal would be unjust.
(6-3: McDonald concurred in part and dissented in part without writing; Lawrence dissented, joined by McCarty, and joined in part by McDonald)

NOTE – The dissent argued that the majority discounted the impact of COVID.

Other Orders

October 22, 2024

  • Weatherly v. Weatherly, 2022-CA-00804-COA (denying rehearing)
  • Signaigo v. Grinstead, 2022-CA-01212-COA (denying rehearing)
  • Jackson v. State, 2023-KA-00201-COA (denying rehearing)
  • Neal v. Cain, 2023-CP-00625-COA (denying rehearing)
  • Washington v. State, 2024-CP-00059-COA (granting pro se motion to recall mandate and accept untimely brief)

October 29, 2024

  • Wilson v. State, 2023-CA-00070-COA (denying rehearing)
  • Shanks v. State, 2023-CP-00271-COA (denying rehearing)
  • Davis v. State, 2023-KA-00636-COA (denying rehearing)
  • Bradley v. State, 2023-CP-0764-COA (denying rehearing)

Hand Down Page – October 22, 2024

Hand Down Page – October 29, 2024

Mississippi Court of Appeals Decisions of September 24, 2024

The Mississippi Court of Appeals handed down four opinions today. Three are PCR cases and the other is a direct criminal appeal.

Walker v. State, 2023-CP-00787-COA (Civil – PCR)
Affirming dismissal of a PCR motion, holding that the trial court properly dismissed the motion for failure to first seek relief through MDOC’s ARP regarding the calculation of a sentence.
(9-0)

Farris v. State, 2023-CP-00845-COA (Civil – PCR)
Affirming denial of PCR motion, holding that the trial court did not err in finding that the trial court did not err with regarding to sentence enhancements and that there was no prejudice in the trial court no recusing sua sponte such that there was a reversible abuse of discretion.
(9-0)

Ward v. State, 2023-CA-00378-COA (Civil – PCR)
Affirming denial of PCR motion, holding that the trial court did not err in finding that the motion was time barred by the UPCCRA.
(7-1-0: Westbrooks concurred in result only without writing; Emfinger did not participate.)

Simmons v. State, 2023-KA-00518-COA (Criminal – Felony)
Affirming conviction of second-degree murder, holding that the trial court did not err in the self-defense instructions given and that there was sufficient evidence to sustain the conviction.
(9-0)

Other Orders

  • Course v. State, 2022-KA-00760-COA (denying rehearing)
  • Holt v. State, 2023-KM-00121-COA (denying motion to correct the court’s prior opinion)
  • Hamer v. State, 2023-CP-00701-COA (denying rehearing)

Hand Down Page

I had a hearing in Copiah County Circuit Court yesterday and that was my first time in the courthouse in Hazlehurst. It is a beautiful, three-story building with a central rotunda and a dome that is visible from the ground floor. I did not get a good picture of the courtroom, but it is circular with gallery seating wrapped-around on the ground floor and on a second-floor balcony. A great, small-town Mississippi courthouse!