Tag: State Boards and Agencies

Double Issue: Mississippi Supreme Court Decisions of August 13 and August 20, 2026

The Mississippi Supreme Court has handed down seven decisions in the last two weeks. The offerings from August 13 are notable for two election contests with one reversal and Justice Wilson’s first vote in a decision. The marquee case from August 20 was the decision in Carly Gregg’s appeal. The convictions and sentences were upheld notwithstanding errors by the trial court.

August 20, 2026

Carroll Brothers, LLC v. Graham, 2025-CA-00667-SCT (Civil – State Boards and Agencies)
Affirming the chancery court’s grant of summary judgment in favor of the Department of Revenue, holding that the Department presented sufficient evidence to establish that it provided noticed by mailing assessments to the taxpayers and that the taxpayers failed to overcome the strong presumption that the notice statutes were constitutional.
(7-1: Ishee for the court; Coleman dissenting)

House v. State, 2025-KA-00721-SCT (Criminal – Felony)
Affirming conviction of manslaughter and aggravated assault, holding that there is sufficient evidence to support the aggravated assault conviction, that the trial court did not abuse its discretion limiting a defense witness’s testimony where the defendant failed to supplement discovery regarding additional facts from the witness, and that the trial court did not abuse its discretion granting and aiding and abetting jury instruction.
(8-0: Coleman for the court)

Gregg v. State, 2024-KA-01178-SCT (Criminal – Felony)
Affirming convictions of first degree murder, attempted murder, and tampering with evidence and a sentence to life imprisonment and ten years, holding that the trial court’s statement that it does not grant continuances was in friction with controlling precedent vote was not reversible error where no motion for continuance was filed, no adverse ruling, and no specific prejudice; that the improper ordering of a sanity mental evaluation did not merit reversal given lack of objection, later insanity notice, use of insanity at trial, and an absence of a specific showing of prejudice affecting the verdict; that the trial court erred in allowing a State’s witness to testify regarding the plot of the novel Crime and Punishment but that the error did not contribute to the verdict obtained beyond a reasonable doubt; that the cumulative effect of these errors did not require reversal; that the sentence to life imprisonment was legal; that the prosecutor’s statements during closing arguments did not require reversal; and that the sentence was not against the overwhelming weight of the evidence.
(7-1-0: Coleman for the court; Wilson concurred in result only without writing)

Merrimon v. State, 2025-KA-00579-SCT (Criminal – Felony)
Affirming conviction of receiving stolen property, holding that the judge did not err in granting a jury instruction on possession, that the evidence was sufficient to support the conviction, and that the verdict was not against the overwhelming weight of the evidence.
(8-0: Sullivan for the court)

Other Orders

  • Smith v Dennis Wright & Son Plumbing, 2025-CT-00046-SCT (denying cert)
  • Braxton v. State, 2025-CT-00051-SCT (dismissing cert petition)
  • Ashford v. Belcher, 2025-CA-00569-SCT (denying rehearing)

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August 13, 2026

Johnson v. Nichols, 2025-CP-00153-SCT (Civil – Contract)
Affirming the circuit court’s grant of summary judgment based on the statute of limitations, holding that the pro se appellant waived review of the summary judgment order by failing to identify any error in it, that the requested supplementation argument would not warrant reversal, and that the trial court did not commit any error on the merits.
(8-0: Coleman for the court)

Cathey v. Tanksley, 2025-EC-00724-SCT (Civil – Election Contest)
Reversing the circuit court’s decision in an election contest, holding that a special election was warranted because the breaking of a ballot box is sealed by the city clerk destroyed the sanctity of the election and opened the door for corruption and fraud whether there was actual fraud or not.
(7-0: Ishee for the court; Wilson did not participate)

In Re: Petition to Disqualify Adams: Littleton v Adams, 2026-EC-00618-SCT (Civil – Election Contest)
Affirming in part and vacating in part a circuit court’s judgment against the election commission in a residency challenge, holding that the election commission lacked jurisdiction to disqualify a candidate for county court judge.
(7-0: King for the court; Wilson not participating)

Other Orders

  • Banks v. State, 2024-CT-00881-SCT (denying cert)
  • Rush v. State, 2024-CT-00963-SCT (denying cert)
  • Williams v. Williams, 2025-IA-01525-SCT (denying motions for rehearing)
  • Chamberlin v. State, 2025-DR-01034-SCT (granting motion to dismiss third petition for PCR and dismissing petition for PCR)

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Mississippi Court of Appeals Decisions of August 18, 2026

The Mississippi Court of Appeals handed down eight opinions today on a wide range of areas of law. You can read a summary of each below.

Ramsey v. State, 2025-KA-00324-COA (Criminal – Felony)
Affirming conviction of kidnapping and contributing to the delinquency of a minor, holding that the trial court did not err in denying a request for proposed jury instruction on duress or in failing to sua sponte instruct the jury on the defense of necessity, that the ineffective assistance of counsel claim should be denied without prejudice to be raised on a PCR motion, that the cumulative error doctrine did not apply, and that the trial court did not commit plain error by failing to give a necessity instruction despite the lack of a request for such an instruction.
(9-1-0: Emfinger for the court; Wilson concurred in part and in the result without writing)

Powell v. Natchez Hospital Company, LLC, 2024-CA-01054-COA (Civil – Wrongful Death)
Affirming the circuit court’s grant of summary judgment in favor of the hospital and an intentional tort claim brought by the wrongful death beneficiaries of an employee of the hospital who contracted COVID and died from related complications, holding that the grant of summary judgment in favor of the Hospital was proper because the there was no evidence of tortious intentional conduct and therefore the claims were barred by the exclusivity provisions of the MWCA but that the dismissal should have been with prejudice.
(10-0: Westbrooks for the court)

Williams v. State, 2024-KA-01155-COA (Criminal-Felony)
Affirming conviction of first-degree murder, holding that the trial court did not err by refusing an injury instruction and the lesser included offense of heat-of-passion manslaughter.
(10-0: Wilson for the court)

Gatlin v. Hattiesburg Public School District, 2025-CP-00400-COA (Civil-Torts)
Affirming summary judgment in an MTCA claim against a school district for negligent supervision, holding that the evidence showed that the school district exercised ordinary care and took reasonable steps to minimize foreseeable risks.
(10-0: Carlton for the court)

Buskirk v. Hodge, 2024-CA-01208-COA (Civil – Custody)
Affirming the Chancellor’s ruling in a custody dispute, holding that the chancellor did not commit manifest error in granting the father’s motion for modification and awarding awarding joint legal custody and extended visitation.
(10-0: Barnes for the court)

Estate of Thompson: Thompson v. Bird, 2024-CA-01414-COA (Civil – Wills, Trusts & Estates)
Reversing the Chancellor’s order dismissing a petition to reopen an estate as time barred that was filed sixteen years after the estate was closed, holding that the heirs sufficiently pleaded that the right to contest the will had been fraudulently concealed so concealment fraud provision of section 91-7-23 applied and extended the statute of limitations.
(6-4: McDonald for the Court; Weddle dissented, joined by Barnes, Carlton, and Wilson)

Chatman v. State, 2025-KA-00170-COA (Criminal – Felony)
Affirming re-sentencing for two counts of gratification of lust on remand for retrial or re-sentencing, holding the circuit court did not err by failing to recuse herself or by sentencing the defendant to what he believed to be a harsher sentence for appealing his conviction.
(7-2-0: Weddle for the court; Westbrook specially concurred, joined by Lassitter St. Pe’; McDonald did not participate)

ABG Contractors, Inc. v. Graham, 2025-CA-00329-COA (Civil – State Boards and Agencies)
Reversing the chancery court’s grant of summary judgment in favor of the department of revenue, holding that the company had presented sufficient evidence in its claims appealing an audit assessment.
(7-1-2: Lawrence for the court; Wilson concurred in result only without writing; McDonald concurred in part and dissented in part without writing; McCarty dissented, joined in part by McDonald)

Other Orders

  • In the Interest of J.S.: Betsi S. v. the Mississippi Department of Child Protection Services, 2024-CP-01061-COA (denying rehearing)
  • Carter v. State, 2024-SA-01131-COA (denying rehearing)
  • Nettles v. Nettles, 2024-CA-01263-COA (denying rehearing)
  • Ashby v. State, 2025-CP-00076-COA (denying rehearing)

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Mississippi Supreme Court Decisions of August 6, 2026

The Mississippi Supreme Court handed down seven decisions yesterday. It was an eventful day with three med mal cases (one under the MTCA), a real property case, two direct criminal appeals (one death penalty case), and a public employment termination case. Of these seven cases, there were four reversals including two on cert. There is a noteworthy special concurrence in the MTCA case that garnered a majority of the votes which, in that case, was four out of six participating votes. I would be remiss if I did not also note the appearance of a concurrence dubitante.

Johnson v. Cleveland, 2023-CT-01011-SCT (Civil – Real Property)
Reversing the Court of Appeals and reinstating the judgment of the circuit court on cert, holding that the plaintiff has standing to assert her adverse possession claim.
(4-1-2: Coleman for the Court; Randolph concurred dubitante; Brannning dissented, joined by Griffis; Wilson did not participate)

Upchurch v. Lewis, 2023-CT-01296-SCT, consolidated with Lewis v. Upchurch, No. 2024-CT-00396-SCT (Civil – Med Mal)
Reversing the Court of Appeals and reinstating the judgment of the circuit court on cert, holding that there was sufficient evidence presented to support the jury’s verdict in favor of the defendants and that the circuit court therefore did not err in denying the motion for JNOV and new trial.
(7-0: Griffis for the Court)

University of Mississippi Medical Center v. Carter, 2024-IA-00038-SCT (Civil – Med Mal)
Reversing the trial court’s denial of a motion for summary judgment based on the MTCA statute of limitations on interlocutory appeal, holding that the statute of limitations was not tolled by the discovery rule.
(5-4*-0: Branning for the court; *Coleman specially concurred, joined by Ishee, Griffis, and Branning; Randolph and Wilson did not participate)

Practice Point – Coleman’s special concurrence garnered the support of three fellow justices giving it a total of four votes. With the addition of Judge Celeste Embry Wilson to the Court, we are now up to are eight justices. But neither Justice Wilson nor Chief Justice Randolph participated in this case. That means that the special concurrence received four of the six votes in the case. In other words, a majority. Here is the conclusion of the special concurrence.

The special concurrence did not say it did overrule Barnes and Caves and hold that there is no discovery rule under the MTCA, but that it would. Justice King and Justice Sullivan did not join the special concurrence. It looks like all it would take in the next case is Chief Justice Randolph, newly appointed Justice Wilson, or the yet-to-be-appointed ninth justice to get on board with the special concurrence’s position to bring that change to fruition.

Brown v. Davey-Sullivan, 2024-CA-00693-SCT (Civil – Med Mal)
Affirming the circuit courts grant of summary judgment in a medical malpractice case, holding that the plaintiff failed to produce the required expert testimony to establish a triable claim.
(6-1: Griffis for the Court; Coleman dissented; Wilson did not participate)

Heard v. State, 2024-DP-00802-SCT (Criminal – Death Penalty – Direct Appeal)
Affirming capital-murder conviction and death sentence, holding that the trial court did not commit plain error by admitting certain testimony, that the ineffective assistance of counsel claim should be denied without prejudice; that the trial court did not err by allowing a lay witness to give certain opinions; that the trial court did not err in excluding a character witness’s opinion testimony about the defendant’s truthfulness; that the trial court did not err by failing to make a reliability determination about testimony regarding a software program used to extract information from cell phones; that the sentence was not constitutionally disproportionate; that the trial court did not err by giving a sentencing instruction regarding heinous atrocious, or cruel aggravating circumstances because it was supported by sufficient evidence; that the death sentence was not unconstitutional, cruel, and unusual punishment; and that section 99-19-105(3) is not applicable.
(7-0: Griffis for the Court; Wilson did not participate)

Coahoma County School District Board of Education v. Moore, 2024-IA-01316-SCT (Civil – State Boards and Agencies)
Reversing the county court’s denial of summary judgment for the school board, holding that the plaintiff’s claims for unpaid compensation under theories of quantum meruit and unjust enrichment were foreclosed by the minutes rule.
(6-1: Branning for the court; Coleman dissented; Wilson did not participate)

Bozard v. State, 2025-KA-00393-SCT (Criminal – Felony)
Affirming conviction of felony evasion, holding that the conviction was supported by sufficient evidence.
(7-0: Randolph for the Court)

Other Orders

  • Mississippi Bar v. Owens, 2026-BD-00754-SCT (accepting Jody E. Owens’s resignation with prejudice from the Mississippi Bar, and such resignation shall be tantamount to proof of guilt on the matter charged, and ordering that Jody E. Owens II is hereby immediately and permanently disbarred from the practice of law in the State of Mississippi)
  • In Re: The Mississippi Access to Justice Commission,   89-R-99032-SCT (appointing or reappointing the following Commissioners of the Mississippi Access to Justice Commission for terms ending on June 30, 2029: Justice Leslie King; Mary Purvis; Judge Richard “Wes” Ryals, II; Catherine Servati; Patrick Bryan; Chancellor E. Vincent Davis; and Representative Justis Gibbs, and thanking the following outgoing Commissioners for their dedicated service: David Calder; Dan Hall; and Judge Denise Owens.)
  • Gray v. State, 2023-CT-01270-SCT (denying cert)
  • Williams v. State, 2024-CT-00257-SCT (denying cert)
  • Brown v. State, 2024-CT-00489-SCT (denying cert)
  • White v. State, 2024-CT-00658-SCT (denying cert)
  • Norman v. State, 2024-CT-01107-SCT (Denying cert)
  • Winn v. State, 2024-CT-01280-SCT (denying cert)
  • In The Matter Of: The Application of Mollie Parsons Sells for Recognition Under The Servicemembers Civil Relief Act, 50 U.S.C. Sec. 4025a, 2025-M-00821 (granting Petition for Limited Order Authorizing the Board of Bar Admissions to Grant Application for Admission to Practice Law Under the Servicemembers Civil Relief Act, 50 U.S.C. § 4025a)

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Mississippi Supreme Court Decisions of June 11, 2026

The Mississippi Supreme Court handed down five unanimous opinions today with three (3) reversals. The headliner is Lynn Fitch versus Shad White over whether the AG has sole authority to manage litigation and prosecute suits to recover money on behalf of the state.

Smith v. Mississippi Farm Bureau Casualty Insurance Company, 2025-CA-00166-SCT (Civil – Insurance)
Affirming the circuit court’s denial of a motion to intervene in a wrongful death lawsuit, holding that the circuit court did not err in denying the motion as untimely.
(7-0: Griffis for the Court)

Rig Masters, Inc. v. Colenberg, 2024-IA-00506-SCT (Civil – Wrongful Death)
Reversing the trial court’s denial of summary judgment on interlocutory appeal on a negligent entrustment claim, holding that there was no evidence that the title-holder knew or should have known about the driver’s alleged substance abuse problems.
(7-0: Ishee for the Court)

Millette v. Burger, 2024-IA-01152-SCT (Civil – Other)
Reversing the order of a specially-appointed judge who was not assigned to this case granting the plaintiffs’ motion for leave to amend, holding that without an order of reassignment the specially-appointed judge had no authority in the case.
(5-0: Griffis for the Court)

Fitch v. White, 2024-CA-01389-SCT (Civil – State Boards & Agencies)
Reversing the chancery court’s summary judgment, holding that the attorney general possesses authority to prosecute and manage litigation seeking the recovery of state money under sections 7-5-1 and 7-7-211(g) and that the state auditor lacked such authority.
(7-0: Branning for the Court)

Ashford v. Belcher, 2025-CA-00569-SCT (Civil – Real Property)
Affirming the chancery court’s decision confirming title, holding that permission given by the landowner to another precluded the other from adversely possessing the property.
(7-0: Coleman for the Court)

Other Orders

  • In Re: The Rules of Civil Procedure, 89-R-99001-SCT (amending MRCP 4 and 81)
  • CNRS&Z Inc. v. Bridgecrest Acceptance Corporation, 2024-CT-00365-SCT (denying cert)
  • Shelton v. State, 2024-CT-00435-SCT (denying cert)
  • Carter v. State, 2024-CT-01328-SCT (dismissing cert petition as untimely)

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Mississippi Supreme Court Decisions of April 16, 2026

The Mississippi Supreme Court handed down four opinions today. The must-read case from a factual standpoint is an organ recovery/personal injury case. There is also a med mal expert case where the Supreme Court reversed the Court of Appeals. There others are a slip-and-fall on interlocutory appeal and a zoning case.

Longo v. City of Waveland, 2025-CA-00625-SCT (Civil – State Boards & Agencies)
Affirming the circuit court’s decision affirming the City’s approval of applications, holding that the City’s approval of applications for conditional use and plat approval for a residential development project was supported by substantial evidence and was neither arbitrary nor capricious.
(6-0: Griffis for the Court)

Lee v. Doolittle, 2023-CT-00969-SCT, consolidated with 2022-CT-00186-SCT (Civil – Med Mal)
Reversing the Court of Appeals and reinstating the judgment of the circuit court striking the plaintiff’s expert and granting summary judgment, holding that the trial court was within its discretion to exclude the expert testimony.
(5-2: Branning for the Court; King dissented joined by Sullivan)

Denison v. Mississippi Organ Recovery Agency, Inc., 2024-CA-00644-SCT (Civil – Personal Injury)
Reversing the trial court’s dismissal of the Estate’s claims against MORA and medical providers after the decedent was prematurely declared dead, holding that the trial court erred by not converting MORA’s motion to dismiss based on a claim of immunity under the Revised Mississippi Uniform Anatomical Gift Act the Estate’s case into a motion for summary judgment but that the trial court did not err in granting a motion to dismiss a family member’s bystander claim for failure to state a claim.
(5-2: Sullivan for the Court; Griffis concurred in part and dissented in part, joined by Branning)

Note – My summary does not do justice to the facts. Here is how the opinion opens:

Rush Health Systems, Inc. v. Sparrow, 2024-IA-01185-SCT (Civil – Personal Injury)
Affirming denial of summary judgment on interlocutory appeal, holding that the trial court did not err in finding that there are questions of fact as to the existence of a dangerous condition and the plaintiff’s status as invitee or licensee.
(4-2: Sullivan for the Court; Coleman dissented, joined by Branning)

Other Orders

  • Nelson v. State, 2023-CT-00647-SCT (granting cert)
  • The Mississippi Bar v. Carr, 2025-BD-00731-SCT (order of suspension from the practice of law)

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Mississippi Court of Appeals Decisions of April 14, 2026

The Mississippi Court of Appeals handed down eight opinions yesterday. The Court reversed a capital murder conviction and also decided a will contest case, a custody case, three other felony appeals, a PCR case, and a divorce case.

Greene v. State, 2024-KA-00333-COA (Criminal – Felony)
Reversing conviction of one count of capital murder, holding that the trial court erred by failing to give the jury a cautionary instruction on accomplice testimony and remanded for a new trial.
(10-0: Weddle for the Court)

In the Matter of Estate of Williams: Williams v. Myles, 2024-CA-01114-COA (Civil – Wills, Trusts & Estates)
Affirming the chancellor’s decision in a will contest, holding that the chancellor did not err in finding that decedent lacked testamentary capacity when she executed her will and that the will was invalid because of undue influence.
(10-0: Weddle for the Court)

Singleton v. State, 2024-KA-01095-COA (Criminal – Felony)
Affirming conviction of second-degree murder, holding that the trial court did not abuse its discretion instructing the jury and that the verdict was not against the overwhelming weight of the evidence.
(9-1-0: Emfinger for the Court; Westbrooks concurred in result only without writing)

In the Interests of J.S.: Betsi S. v. Mississippi Dept. of Child Protective Services, 2024-CP-01061-COA (Civil – Custody)
Affirming the youth court’s permanency decision, holding that the mother was not deprived or due process, that recusal was not required, that the motion for ADA accommodation was abandoned, and that the mother was not entitled to damages.
(9-1-0: McCarty for the Court; Westbrooks concurred in result only without writing)

Practice Point – When writing a response or reply, do not talk past the arguments made by the other side:

Gardner v. State, 2025-KA-00298-COA (Criminal – Felony)
Affirming convictions of possession of a firearm by a felon, trafficking of fentanyl, and aggravated trafficking of meth, holding that the conviction of constructive possession of fentanyl was supported by sufficient evidence and that verdict was not against the overwhelming weight of the evidence.
(10-0: McCarty for the Court)

Stasher v. Stasher, 2024-CA-01302-COA (Civil – Domestic Relations)
Affirming the chancellor’s decisions in a divorce matter, holding that the chancellor did not manifestly or clearly err in granting divorce based on habitual cruel and inhuman treatment or in finding that the ex-husband had engaged in adultery during the marriage and that his claims about equitable distribution were without merit.
(10-0: Lawrence for the Court)

Jackson v. State, 2024-KA-01346-COA (Criminal – Felony)
Affirming conviction of two counts of touching a child for lustful purposes, holding that the circuit court did not err in the admission of hearsay testimony and that although it was an abuse of discretion to admit a written statement that error was harmless.
(8-2-0: McDonald for the Court; Wilson and Emfinger concurred in part and in the result without writing)

Leggett v. State, 2024-CP-01214-COA, consolidated with 2024-CP-01215-COA (Civil – PCR)
Affirming summary dismissal of two PCR motions.
(10-0: Wilson for the Court)

Other Orders

  • Clark v. State, 2023-KA-01116-COA (denying rehearing)
  • Fraser v. State, 2023-KA-01129-COA (denying rehearing)
  • Seals v. State, 2024-KM-00448-COA (denying rehearing)
  • ABL Management, Inc. v. Rowell, 2024-CA-01007-COA (denying rehearing)
  • Daengbunga v. State, 2024-KA-01122-COA (denying rehearing)
  • Simoneaux v. State, 2024-CP-01127-COA (denying rehearing)
  • Pedrego v. State, 2025-TS-01282-COA (denying pro se motion for reconsideration of dismissal of appeal)
  • Reeves v. State, 2026-TS-00201-COA (order allowing appeal to proceed as timely)

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Mississippi Court of Appeals Decisions of April 7, 2026

The Mississippi Court of Appeals handed down six opinions today. There are two appeals of felony convictions, a breach of contract case, a medical malpractice/wrongful death/savings statute case, a zoning ordinance case, and a PCR case.

Vu v. State, 2024-KA-01117-COA (Criminal – Felony)
Affirming conviction of burglary, holding that the conviction was supported by sufficient evidence and that the issue of whether prior bad acts were not properly admitted was waived, and dismissing the ineffective-assistance-of-counsel claim without prejudice.
(9-1-0: Lawrence for the Court; Westbrooks concurred in part and in the result without writing)

Magdi Corporation v. Beruk Construction, Inc., 2024-CA-01310-COA (Civil – Contract)
Reversing the dismissal of a breach of contract case after a bench trial, holding that the chancellor manifestly erred by granting an involuntary dismissal based on a finding that the subject construction project had reached “substantial completion” and that the plaintiff’s failure to pay at that point put the plaintiff in breach.
(9-1-0: Lawrence for the Court; Wilson concurred in part and in the result without writing)

Burdine v. State, 2025-KA-00154-COA (Criminal – Felony)
Affirming conviction of two counts of felony voyeurism and three counts of indecent exposure, holding that the trial court did not err in admitting the contents of the defendant’s cell phone, that there was sufficient evidence supporting the convictions, that the trial court did not err in admitting lay opinions, that the State proved the elements for habitual sentencing, and that the two life sentences were not constitutionally disproportionate.
(10-0: McDonald for the Court)

Humphrey v. State, 2024-CP-01444-COA (Civil – PCR)
Vacating and rendering the trial court’s judgment denying the petitioner’s Rule 60(b)(6) motion, holding that the circuit co0urt lacked jurisdiction.
(10-0)

Knight v. Glover, 2024-CA-01157-COA (Civil – Wrongful Death)
Reversing the dismissal of a medical malpractice case based on the statute of limitations, holding that the suit was not time-barred because it was filed within one year of the dismissal of the first suit without prejudice and was thus saved by the savings statute.
(6-4: Wilson for the Court; Emfinger dissented, joined by Barnes, Carlton, and McCarty)

Haman Construction, LLC v. Marshall County Board of Supervisors, 2025-CA-00340-COA (Civil – State Boards & Agencies)
Reversing the circuit court’s decision affirming the Board’s denial of a petition to amend zoning ordinances, holding that the decision was arbitration and capricious because it was based on the incorrect interpretation of controlling ordinances.
(6-1-2: Lassitter St. Pe’ for the Court; McCarty dissented, joined by Carlton, and joined in part by Barnes and McDonald)

Other Orders

  • Thornton v. Thornton, 2024-CA-00320-COA (denying rehearing)
  • Bodie v. State, 2024-KA-00634-COA (denying rehearing)
  • Polk v. State, 2025-CP-00260-COA (denying rehearing)

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Mississippi Court of Appeals Decisions of March 3, 2026

The Mississippi Court of Appeals handed down eight opinions today. The Court covered a lot of ground, including termination of parental rights, partition of real property, UM coverage, unemployment benefits, and direct criminal appeals.

James W. v. Jackson County Dept. of Miss. Dept. of Child Protective Services, 2024-CP-00420-COA (Civil – Custody)
Affirming the youth court’s judgment terminating parental rights, holding that the youth court judge did not err in denying a motion to recuse, that the decision was based on clear and convincing evidence, and that the youth court did not abuse its discretion admitting evidence.
(9-0: Weddle for the Court; Lawrence did not participate)

Breland v. State, 2024-KA-01022-COA (Criminal – Felony)
Affirming conviction of first-degree murder and leaving the scene of an accident, holding that the conviction was supported by sufficient evidence and that there was no merit to the ineffective-assistance-of-counsel claim.
(9-1-0: Weddle for the Court; Wesbtrooks concurred in result only without writing)

Parker v. United Services Automobile Association, 2024-CA-01419-COA (Civil – Insurance)
Affirming judgment denying a motion for declaratory judgment regarding entitlement to uninsured motorist benefits, holding that the trial court did not err in finding that the plaintiff’s motorcycle going over an oily substance and crashing did not constitute “physical contact” under the policy.
(9-1-0: Weddle for the Court; McDonald concurred in part and in the result without writing)

Willis v. State, 2024-KA-01203-COA (Criminal – Felony)
Affirming convictions of three counts of possession of drugs and one count of trafficking, holding that the trial court did not abuse its discretion instructing the jury when the instructions were read as a whole or in denying a motion for new trial based on the doctrine of retroactive misjoinder, and holding that the verdict was not against the overwhelming weight of the evidence.
(9-1-0: Lawrence for the Court; Westbrooks concurred in result only without writing)

Winn v. State, 2024-KA-01280-COA (Criminal – Felony)
Affirming conviction of first-degree murder and conspiracy to commit murder, holding that the evidence was sufficient to support the conspiracy charge and that there was no merit to the claim that trial counsel was ineffective.
(8-2-0: McDonald for the Court; Wilson concurred in part and in the result without writing; Lawrence concurred in result only without writing)

Dupree v. Mississippi Department of Employment Security, 2025-CC-00144-COA (Civil – State Boards & Agencies)
Reversing the circuit court’s decision affirming an MDES decision denying unemployment benefits after the petitioner was terminated for testing positive for THC, holding that there was not sufficient evidence that the petitioner violated the City’s drug policy.
(6-1-3: Westbrooks for the Court; Emfinger concurred in result only without writing; Carlton dissented, joined by Barnes, and Lassitter St. Pe’)

Sloke v. Pierce, 2025-CA-00121-COA (Civil – Real Property)
Reversing the chancellor’s partition decision, holding that since the parties agreed that the final judgment erroneously attached an improper property description.
(10-0: Wilson for the Court)

Oates v. State, 2024-KA-00267-COA (Criminal – Felony)
Affirming conviction of capital murder, holding that the State produced sufficient evidnece of the defendant’s sanity at the time of the murder, that the verdict was not against the overwhelming weight of the evidence, and that the trial court did not abuse its discretion in admitting a gruesome autopsy photo.
(6-4: Weddle for the Court; Lassitter St. Pe’ concurred in part and dissented in part, joined by Westbrooks and McCarty and joined in part my McDonald; Westbrooks and McDonald dissented without writing)

Other Orders

  • Bumgardner v. State, 2024-KA-00090-COA (denying rehearing)
  • Ward v. State, 2024-KA-00341-COA (denying rehearing)
  • Carroll v. State, 2024-KA-00481-COA (denying rehearing)
  • Fields v. State, 2024-KA-00807-COA (denying rehearing)

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Mississippi Court of Appeals Decisions of February 10, 2026 (plus a bonus decision)

This is a catch-up post from the week I took off of blogging for my oral argument on February 11. The Mississippi Court of Appeals handed down five opinions on February 10 and one off-schedule opinion on Thursday, February 5. Read on for summaries…

February 5, 2026

Gray v. State, 2023-KA-01270-COA (Criminal – Felony)
Affirming conviction of capital murder and sentence to life imprisonment but reversing the imposition of a fine, holding that the trial court did not clearly err in finding that the defendant’s second statement was voluntary or by denying the defendant’s motion in limine to exclude other evidence, that the evidence was sufficient to sustain the conviction, that the “flight instruction” issue was legally barred for failure to raise it in the trial court, and that there was no error and no prejudice regarding an alternate juror, but holding that there was not authority for the imposition of an assessment against the defendant as a partial reimbursement to the county for the defendant’s court-appointed counsel.
(5-5: Wilson for the Court; Barnes dissented, joined by Westbrooks, McDonald, McCarty, and Lassitter St. Pe’.

February 10, 2026

Lovern v. State, 2024-KA-01449-COA (Criminal – Felony)
Affirming conviction of sexual battery and gratification of lust, holding that the evidence was sufficient, that the verdict was not against the overwhelming weight of the evidence, that the trial court did not err in excluding evidence of a victim’s prior behavior, that the trial court did not abuse its discretion regarding jury instructions, that the trial court did not err in allowing evidence of the defendant’s prior bad acts, that the trial court did not err in denying the defendant’s motion in limine that would have prevented the State from referring to the victim as “the victim,” that there was no abuse of discretion in the court’s limitations on voir dire questioning, that the trial court did not err in limiting the defendant’s references to the tyranny of the government during closing, that the trial court did not err in denying the defendant’s request to take possession of his phone to look for exculpatory text messages he alleged were missing from the extraction, that the trial court did not err in limiting the defendant to calling two character witnesses, that inconsistent verdicts (acquitting on one charge and convicting on two) was no basis for reversal, and that the cumulative error doctrine did not apply.
(9-0: Lassitter St. Pe’ for the Court; Emfinger did not participate)

Mize v. Nunmaker, 2025-CA-00089-COA (Civil – Contract)
Reversing the trial court’s decision granting summary judgment for the defendant in a breach of contract case, holding that there was a genuine fact issue regarding whether there was a binding agreement between the parties and regarding whether the claim was time-barred.
(10-0: Lassitter St. Pe’ for the Court)

Estate of Eaves: Schlesinger v. Eaves, 2024-CA-00692-COA (Civil – Wills, Trusts & Estates)
Affirming the chancellor’s decision in a probate matter, holding that the chancellor did not err in denying a request to set aside an inter vivos conveyance and assignment of a law firm based on an undue-influence argument and that the chancellor did not err by allegedly interfering with cross-examination at trial.
(8-2-0: Weddle for the Court; Wilson and McCarty concurred in part and in the result without writing)

Southeast Financial Credit Union v. Brown, 2024-CA-01390-COA (Civil – Contract)
Affirming the trial court’s dismissal of a debt collection claim for want of prosecution, holding that the trial court did not abuse its discretion dismissing the seven-year-old case after there were multiple periods of inactivity in excess of one year culminating in a two-year period of inactivity, a show cause order, and a non-appearance at the show cause hearing.
(10-0: McCarty for the Court)

DeCuir v. City of Laurel, 2024-CC-01055-COA, consolidated with Valentine v. City of Laurel, 2024-CC-01379-COA (Civil – Other)
Affirming the circuit court’s dismissal of police officers’ appeals challenging the promotions of other officers, holding that the appeal was not perfected because the appellant filed a notice of appeal rather than a petition for writ of certiorari with the circuit court as is required to obtain judicial review of a civil service commission’s decision to promote.
(8-2-0: Wilson for the Court; Barnes and McDonald concurred in part and in the result without writing)

Practice Point – This one is like a Final Jeopardy appellate jurisdiction question. Here is the Court’s conclusion:

Other Orders

  • Bird v. Ladner, 2024-CA_00245-COA (denying rehearing)
  • Thompson v. State Farm Fire and Casualty Company, 2024-CA-00393-COA (denying rehearing)
  • Moody v. State, 2024-CA-00407-COA (denying rehearing)
  • Carter v. State, 2024-CP-013828-COA (recalling mandate and allowing pro se motion for rehearing to proceed)
  • Pedrego v. State, 2025-TS-01282-COA (dismissing appeal as untimely filed)
  • Buchanan v. State, 2025-TS-01445-COA (allowing appeal to proceed as timely)

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Mississippi Court of Appeals Decisions of January 27, 2026

The Mississippi Court of Appeals handed down ten opinions yesterday. There is subject-matter variety, including a decision in the controversial case of the educator who was terminated for reading a certain book to second graders.

Daengbunga v. State, 2024-KA-01122-COA (Criminal – Felony)
Affirming convictions of murder and tampering with evidence, holding that the trial court did not err in finding no Miranda violation and denying a motion to suppress statements and that the trial court did not abuse its discretion admitting evidence of prior bad acts.
(9-1-0: Lassitter St. Pe’ for the Court; Westbrooks concurred in part and in the result without writing)

Wright v. Brisco, 2025-CP-00258-COA (Civil – Contract)
Affirming the chancery court’s decision where the appellant filed a brief with no citations to the record or case law except for two cases that were referenced by name only with no reporter citation and the appellee did not file a brief.
(10-0: Lassitter St. Pe’ for the Court)

Note – This is the Court’s conclusion:

Wilson v. P.L. Marketing, Inc., 2025-WC-00158-COA (Civil – Workers’ Comp)
Affirming the Commission’s order affirming an order denying a motion to reopen that was filed more than a year after the claim was dismissed for the claimant’s failure to appear at a hearing on the merits.
(10-0: McCarty for the Court)

Price v. Hinds County School District, 2024-CA-00841-COA (Civil – States, Boards & Agencies)
Reversing the chancery court’s decision that had affirmed the School Board’s decision to terminate an assistant principal, holding that the decision to terminate the assistant principal for reading “I Need a New Butt!” to a second-grade class.
(9-1-0: Lawrence for the Court; Emfinger concurred in result only without writing)

Williams v. Williams, 2024-CA-00718-COA (Civil – Domestic Relations)
Affirming in part and reversing in part a chancellor’s judgment of divorce and contempt, holding that the ex-husband waived the issue of denying a motion to amend to add a ground after previously voluntarily-dismissing that ground, that the chancellor erred in classifying marital asserts and debt, that the chancellor erred in only awarding half a mortgage arrearage on a finding of contempt, that the chancellor erred in not awarding the full deficiency on a vehicle, and that the chancellor did not err in finding that the sale of the parties’ boat did not violate a court order or dissipate a marital asset.
(7-3-0: McDonald for the Court; Wilson and Emfinger concurred in part and in the result without writing; Weddle concurred in the result only without writing)

Dodson v. State, 2024-KA-00424-COA (Criminal – Felony)
Affirming conviction of attempted murder and conspiracy to commit auto theft, holding that the trial court did not err by refusing to give a jury instruction on aggravate assault as a lesser-included offense of attempted murder.
(10-0: Wilson for the Court)

City of Clinton v. Johnston, 2023-CA-01105-COA (Civil – PCR)
Dismissing the City’s appeal of the circuit court’s decision granting a motion for PCR, holding that the City lacked standing where it was not a party to the proceedings below and failed to intervene.
(10-0: Carlton for the Court)’

Brown v. Mississippi Real Estate Commission, 2024-CC-01207-COA (Civil – State Boards & Agencies)
Affirming the Commission’s decision to not renew a real estate license, holding that the decision based on untruthful and fraudulent representations to the Commission and felony conviction was supported by substantial evidence and was not arbitrary or capricious.
(8-2-0: Carlton for the Court; Wilson and McDonald concurred in part and in the result without writing)

Jones v. State, 2024-KA-01426-COA (Criminal – Felony)
Affirming conviction of possession of a firearm by a felon, holding that based on counsel’s Lindsey brief, the defendant’s pro se brief, and the Court’s review of the record that there was no error.
(10-0: Carlton for the Court)

Banks v. State, 2024-KA-00881-COA (Criminal – Felony)
Affirming conviction of manslaughter with a firearm enhancement, holding that the verdict was not against the overwhelming weight of the evidence.
(6-1-3: McCarty for the Court; Wilson concurred in part and in the result without writing; McDonald dissented without writing; Westbrooks dissented, joined by McDonald and joined in part by Carlton)

Other Orders

  • Goodloe v. State, 2023-KA-00960-COA (denying rehearing)
  • Lovelace v. Board of Trustees, 2023-CA-01341-COA (denying rehearing)
  • Cameron v. Miller, 2023-CA-01388-COA (denying rehearing)

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