Tag: Punitive Damages

Mississippi Court of Appeals Decisions of August 4, 2026

(The title has been corrected. This is not a post from the future. We regret the error.)

The Mississippi Court of Appeals handed down five opinions today. There are two of direct criminal appeals, a real property case with a punitive damages issue, a PCR case, and an public employment termination case. That last one turned on procedural issues related to the appeal to chancery court.

(Photo from my morning in court in Lincoln County, Mississippi)

Griste v. State, 2024-KA-01423-COA (Criminal – Felony)
Affirming conviction of manslaughter, holding that the trial court did not err in denying a motion for directed verdict, that the trial court did not abuse its discretion in granting the state’s motion in limine to exclude evidence of other bad acts of the victim, and that the trial court did not abuse its discretion in instructing the jury.
(10-0: Emfinger for the Court)

Snowden v. State, 2025-CA-00064-COA (Civil – PCR)
Affirming the denial of a PCR motion, holding that it was barred by the statute of limitations and no statutory exceptions applied.
(10-0: Emfinger for the Court)

Richardson v. Jackson Public School District, 2025-CA-00695-COA (Civil – Other)
Reversing the chancery court’s decision upholding the school board’s decision to terminate employment, holding that remand was required because the record filed on appeal with the chancery court was not a complete record and therefore did not comply with the statutory requirements for a review in the Chancery Court.
(6-3-0: Lawrence for the court; Lassitter St. Pe’, specially concurred, joined by McCarty; Wilson and McCarty concurred and pardoned in the result without writing; McDonald did not participate)

Ocean Blue Land & Timber Co., LLC v. Marsolais, 2024-CA-00154-COA (Civil – Report Property)
Affirming in part and reversing in part the Chancellor’s ruling in a case alleging that real property was fraudulently obtained, affirming the Chancellor’s finding of a fraud but reversing the punitive damages award against the individual and rendering judgment on that issue.
(10-0: McDonald for the Court)

Collins v. State, 2024-KA-01333-COA (Criminal – Felony)
Affirming conviction of second degree murder, holding that the trial court did not err by denying a directed verdict of acquittal under the Weathersby rule because the rule did not apply and declining to address the ineffective assistance of counsel claims on direct appeal.
(6-1-3: Lassitter St. Pe’ for the Court; McDonald concurred in part and in the result without writing. Emfinger dissented, joined by Barnes and McCarty)

Other Orders

  • Taylor v. State, 2024-KA-00280-COA (denying rehearing)
  • Bridgman v. SBC Internet Services, Inc., 2024-WC-01199-COA (denying rehearing)
  • Vanaman v. American Pride Properties, LLC, 2024-CA-01434-COA (denying rehearing)
  • Ryland v Regions Bank, 2025-CP-00178-COA (denying rehearing)

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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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