The Mississippi Court of Appeals handed down five opinions today. We got a real property special exception case, a PCR case, a products liability case, a distribution of marital property case, and a direct criminal appeal.
City of Natchez v. Banks, 2025-CA-00408-COA (Civil – Real Property) Affirming the Circuit Court’s decision reversing the Natchez Planning Commission, holding that the Commission acted outside its apparent authority by revoking a special exception. (10-0: Emfinger for the court)
Robertson v. State, 2025-CP-00806-COA (Civil – PCR) Affirming dismissal of a PCR motion seeking relief from partial revocation of suspended sentence, holding that the circuit court did not err in summarily dismissing the claim. (10-0: Emfinger for the court)
McGilberry v. SVP Sewing Brands, LLC, 2025-CA-00904-COA (Civil – Other Torts) Affirming the Circuit Court’s grant of summary judgment dismissing a product liability case, holding that the plaintiff did not come forward with evidence to prove causation. (10-0: Emfinger for the court)
Practice Point – This is not something you want to read:
Winton v. Dean, 2024-CA-01326-COA (Civil – Domestic Relations) Affirming the Chancellor’s property division decision, holding that the chancellor did not err in the methodology or calculation with respect to the application of COLA to one side’s PERS benefits. (7-3-0: Westbrooks for the court; Carlton, Wilson, and Emfinger concurred in result only without writing)
Thompson v. State, 2024-KA-01296-COA (Criminal – Felony) Affirming conviction of first degree murder, holding that the defendant’s rights under the Confrontation Clause were not violated because the statement at issue was made during an emergency and was non-testimonial in nature and that the trial court did not abuse its discretion in refusing a stand your ground jury instruction. (7-2-1: Weddle for the court; Carlton, Wilson, and McDonald concurred in part and in the result without writing; Westbrooks concurred in part and dissented in part, joined by McDonald)
Other Orders
Stallworth v. State, 2026- TS-00431-COA (suspending the deadline to appeal)
I have been swamped the last few weeks and find myself behind on summaries. One contributing factor is that my firm, Wilkins Patterson, relocated at the end of August. In one form or another, the firm has resided at One LeFleur’s Square on Old Canton Road in Jackson for decades. That location served the firm well, and it was not left without a heap of nostalgia and a tinge of sadness. But as Bob Dylan reminds us, “He not busy being born is busy dying.” This move marks an exciting chapter of growth and opportunity for the firm that we are immensely thankful for. You can find us at 690 Towne Center Boulevard in Ridgeland.
With this post, we are caught up on Mississippi Supreme Court decisions. We may not ever catch up on the Court of Appeals decisions from the past three weeks. This is due, in part, to the fact that over that period of time the Court of Appeals handed down twenty opinions and the Supreme Court handed down four. If you are so inclined, you can follow these links to the COA hand downs: August 19, August 26, and September 2. Read on for Supreme Court decisions…
August 21, 2025
No Opinions
Other Orders
Parker v. State, 2023-CT-00550-SCT (denying cert)
Mount v. State, 2023-CT-00807-SCT (denying cert)
Turner v. State, 2023-CT-01167-SCT (denying cert)
Lynch v. State, 2024-M-01275 (finding that the application for leave to proceed in the trial court was frivolous and warning that future frivolous filings may result in sanctions)
Priority One Bank v. Hall, 2025-IA-00939-SCT (granting emergency petition for interlocutory appeal)
Reyes v. State, 2024-KA-00590-SCT (Criminal- Felony) Affirming conviction of capital murder and life sentence, holding that the trial court did not err in denying the defendant’s motion suppress statements he made to law enforcement, that the State did not vouch for a witness’s credibility, that the issue of whether it was error to allow the State to play portions of a witness’s interview with law enforcement was procedurally barred, and that the ineffective-assistance-of-counsel arguments did not require reversal. (9-0: Griffis for the Court)
Busby Outdoor LLC v. Ditto, 2024-IA-00209-SCT, consolidated with No. 2024-CA-00258-SCT (Civil – Other) Reversing the chancery court’s injunction enforcing the City’s sign ordinance on a billboard situated on state-owned land, holding that “[t]he zoning ordinances must yield in this case to state sovereignty.” (9-0: King for the Court)
Note – I thought for a moment that the Mississippi Supreme Court was about to tackle some big theological issues.
Though it passed on the issue of God’s sovereignty, the Court did hold in this case that that the created could not regulate its creator.
Other Orders
Sims v. State, 2017-M-01379 (finding that the application for leave to proceed in the trial court was frivolous and warning that future frivolous filings may result in sanctions)
Chamberlin v. State, 2022-DR-00546-SCT (granting cert)
Boone v. State, 2023-CT-00684-SCT (denying cert)
Burnette v. State, 2023-SCT-01330-SCT (denying cert)
Smith v. State, 2024-KA-00675-SCT (Criminal – Felony) Affirming conviction of aggravated assault, holding that the trial court did not err in admitting lay opinion testimony from the victim’s treating physicians and that trial counsel was not ineffective for failing to object to that testimony. (9-0: Chamberlin for the Court)
Sunshine Mills, Inc. v. Nutra-Blend, LLC, 2023-CA-01208-SCT (Civil – Torts) Reversing the trial court’s grant of summary judgment for the defendant, holding that the Mississippi Products Liability Act did not govern the claims for breach of contract and implied warranty because they sounded in contract and did not allege damage stemming from a defective product. (9-1-0: Coleman for the Court; Randolph concurred in the result only without writing)
Other Orders
In Re: Rules of Discipline for the Mississippi Bar, 89-R-99010-SCT (appointing or reappointing Hon. Haydn J. Roberts, John G. Holaday, Amy K. Taylor, Hon. Jennifer T. Schloegel, David A. Pumford, Jeremy T. England, Hon. Kelly D. Mims, Jason D. Herring, and Rachel Pierce Waide to three-year terms (9/01/25 to 8/31/28) as members of the Complaint Tribunals.)
In Re: Commission on Continuing Legal Education, 89-R-99011-SCT (denying Petition of the Mississippi Commission on Continuing Legal Education to Amend Rule 1(d) of the Rules and Regulations for Mandatory Continuing Legal Education)
In Re: Rules Governing Admission to The Mississippi Bar, 89-R-99012-SCT (reappointing Pieter Teeuwissen, Marcie Fyke Baria, and Gwendolyn Baptist-Rucker to three-year terms (11/1/25 through 10/31/28) as members of the Mississippi Board of Bar Admissions)
Weatherly v. Weatherly, 2022-CT-00804-SCT (dismissing cert)
Star v. State, 2023-CT-00788-SCT (denying cert)
Haynes v. State, 2023-CT-00861-SCT (denying cert)
Brown v. Madison County Board of Supervisors, 2024-EC-01059-SCT (denying rehearing)
Mississippi Appeals Blog 