Tag: Photos

Double Issue: Mississippi Supreme Court Decisions of February 12 and February 26, 2026

The Mississippi Supreme Court handed down one opinion on February 12 (a direct appeal of a felony conviction) and one today (an annexation case). In addition to the opinions, there was no shortage of rulings on petitions for cert with a couple of grants in the mix.

February 12, 2026

Goods v. State, 2023-KA-00955-SCT (Criminal – Felony)
Affirming conviction of depraved-heart murder, holding that the trial court did not abuse its discretion in admitting autopsy photographs or in instructing the jury and that the verdict was not against the overwhelming weight of the evidence.
(7-0: Randolph for the Court)

February 26, 2026

In the Matter of The Enlarging, Extending and Defining The Corporate Limits and Boundaries of The City of Olive Branch, DeSoto County, Mississippi: City of Olive Branch v. Dobbins, 2024-AN-00749-SCT (Civil – Municipal Boundaries & Annexation)
Affirming the chancery court’s denial of the City’s petition to annex two parcels of land, holding that the chancery court’s finding that the annexation was unreasonable was supported by substantial credible evidence.
(4-2: Ishee for the Court; Griffis dissented, joined by Branning; Coleman did not participate)

Other Orders

February 12, 2026

  • Walker v. State, 2023-CT-01012-SCT (denying cert)
  • Gombako-Amos v. Amos, 2023-CT-01253-SCT (granting cert)
  • Brodie v. Brodie, 2023-CT-01397-SCT (denying cert)
    Hines v. PERS, 2023-CT-01400-SCT (denying cert)
  • Martin v. Martin, 2924-CT-00222-SCT (denying cert)
  • Brown v. State, 2024-CT-00307-SCT (denying cert)
  • P.K. Loyacono, PLLC v. Raymond James Financial Service, Inc., 2024-CA-00791-SCT (denying reconsideration)

February 26, 2026

  • Howard v. Howard, 2023-CT-01029-SCT (denying cert)
  • Moyer v. Blades, 2023-CT-01180 (denying cert)
  • Swims v. State, 2023-CT-01244-SCT (denying cert)
  • Mortera v. Kona Villa Owners Association, Inc., 2023-CT-01297-SCT (dismissing cert)
  • Tauzin v. Tauzin, 2024-CT-00141-SCT (denying cert)
  • Heirs of Morsi by and through Morsi v. JB Hunt Corp., 2024-CT-00399-SCT (granting cert)
  • James v. Memorial Hospital at Gulfport, 2024-CT-00459-SCT (denying cert)
  • Corr Properties, LLC v. City of Oxford, 2024-CT-00665-SCT (denying cert)

February 12, 2026 Hand Down Page

February 26, 2026, Hand Down Page

Mississippi Court of Appeals Decisions of September 13, 2022

The Mississippi Court of Appeals handed down five opinions today. These cases include two criminal convictions, medical malpractice, legal malpractice, and civil asset forfeiture.

Rowell v. State, 2021-KA-00793-COA (Criminal – Felony)
Affirming conviction of felony eluding after a high-speed chase, holding that the trial court did not err by refusing to instruct the jury on a lesser-included offense of failure to stop because no rational juror could have found the defendant not guilty of felony eluding but guilty of the lesser-included offense, that that the conviction was supported by sufficient evidence was not against the overwhelming weight of the evidence, and that the argument that testimony from revocation hearing should not have been admitted was procedurally barred.
(9-1-0: Judge Westbrooks concurred in result only without separate written opinion)

NOTE – I love it when an opinion comes right out with a roadmap like this one:

Having that lens through which to read the rest of the opinion saves the reader from spending a few pages feeling like he or she is trying to solve a mystery. I think this applies to brief writing as well and I do not always do this well.

Gardner v. Jackson, 2020-CA-01313-COA (Civil – Medical Malpractice)
Affirming a directed verdict in favor of a doctor in a medical malpractice case, holding that the circuit court did not err in granting the directed verdict based on the plaintiff’s failure to properly establish the national standard of care through expert testimony.
(9-0: Judge Emfinger did not participate)

Sims v. State, 2021-KA-00682-COA (Criminal – Felony)
Affirming conviction of capital murder, holding that the conviction was supported by sufficient evidence and the verdict was not against the overwhelming evidence and holding that the circuit court did not err in admitting an autopsy photo because there was probative value in showing the cause of death.
(10-0)

McGilberry v. Ross, 2021-CP-01076-COA (Civil – Legal Malpractice)
Affirming summary judgment dismissing a legal malpractice suit, holding that the plaintiff failed to produce any proof that the defendant breached the standard of care or her duty of loyalty and holding that the pro se appellant failed to cite authority or credible evidence to support her remaining claims.
(9-1-0: Judge Wilson concurred in result only without separate written opinion)

$153,340.00 v. State, 2020-CA-01409-COA (Civil – Other)
Affirming judgement of civil asset forfeiture, holding that the evidence supported forfeiture because the respondent provided no evidence that the money belonged to him other than his own testimony which lacked credibility, that the forfeiture was not an “excessive fine,” and that the evidence that the respondent met a drug-courier profile was sufficient to support the forfeiture.
(5-2-2: Judge McCarty concurred in part and in the result without separate written opinion; Judge Wilson concurred in the result only without separate written opinion; Judge McDonald dissented without separate written opinion; Judge Westbrooks dissented, joined by Judge McDonald and joined in part by Judge McCarty; Judge Emfinger did not participate.)

Other Orders

Prowell v. Nationstar Mortgage LLC, 2021-CA-00055-COA (denying rehearing)

Hand Down List