The Mississippi Court of Appeals handed down two decisions today. One is a youth court permanency plan case and the other is an appeal of a dismissal and judgment of acquittal.
In the Interest of J.S., a Minor, and I.S., a Minor: P.S. v. Pearl River County Department of Child Protection Services, 2023-CA-00932-COA (Civil – Custody)
Reversing the youth court’s order modifying permanency plan from reunification to adoption and ordering CPS to begin termination of parental rights proceedings, holding that the record did not reflect substantial credible evidence to support the finding that CPS made reasonable efforts over a reasonable period of time to diligently assist the mother in complying with the service plan.
(10-0: Weddle for the Court)
State v. Mitchell, 2023-KA-00771-COA (Criminal – Felony)
Reversing the circuit court’s order granting motion to dismiss and judgment of acquittal, holding that it had appellate jurisdiction under section 99-35-103(a) and that the defendant’s Sixth Amendment right to compulsory process was not violated where the alleged victim was a resident of Tennessee and the Tennessee probate court denied the defendant’s effort to compel the alleged victim to testify.
(5-4: Emfinger for the Court; Barnes dissented, joined by Carlton, Westbrooks, and McDonald; Westbrooks dissented, joined by McDonald; Weddle did not participate)
Other Orders
- Chambers v. State, 2023-KA-00626-COA (denying rehearing)
- Star v. State, 2023-KA-00788-COA (denying rehearing)
Mississippi Appeals Blog 