The Mississippi Supreme Court handed down two opinions today. One is a certificate of need case and the other is a direct criminal appeal.
Singing River Health Systems v. Mississippi State Department of Health, 2025-SA-00614-SCT (Civil – State Boards & Agencies) Affirming the chancellor’s decision affirming the state health officer’s approval of a CON application, holding that there was substantial evidence that the the CON application complied with the requirements, that there was substantial evidence that the hearing officer substantially complied with procedure, that the hearing officer’s determination of economic vitality was not arbitrary and capricious, that the hearing officer was within her discretion to weight conflicting evidence regarding adverse impact, and that substantial evidence supported that the proposed project would not have a significant adverse effect on another facility’s ability to provide charitable care. (7-0)
Pegues v. State, 2024-KA-01001-SCT (Criminal – Felony) Affirming conviction of possession of a firearm by a felon, holding that the State did not commit prosecutorial misconduct by commenting on the defendant’s failure to call witnesses or the defendant exercising his right to a jury trial and holding that there was sufficient evidence of constructive evidence. (7-0)
Other Orders
Parrott v. Frierson, 2023-CT-01245-SCT (denying cert)
Fisher v. All About Painting and Cleaning, Inc., 2023-CT-01289-SCT (denying cert)
Mohiuddin v. Jackson County, Mississippi Board of Supervisors, 2024-CA-00759-SCT (denying rehearing)
Crabtree v. Allstate Property and Casualty Insurance Company, 2024-FC-00827-SCT (denying rehearing)
The Mississippi Court of Appeals handed down six opinions today. There is a couple of domestic relations cases, one of which turns on an appellate jurisdiction issue. Then there are two direct criminal appeals, an MTCA case, and attorney’s fees case.
In Re Guardianship of K.G.W.: Garland v. Bunch, 2024-CA-01325-COA (Civil – Domestic Relations) Dismissing appeal stemming from a guardianship, holding that the Court lacked jurisdiction on the appeal taken under section 11-43-53 because there had been no trial of a habeas corpus. (10-0: Lassitter St. Pe’ for the Court)
O’Quin v. Davaul, 2024-CP-01327-COA (Civil – State Boards & Agencies) Affirming dismissal of a complaint against the county tax assessor and granting judgment on the pleadings for failing to comply with MTCA requirements, holding that the pro se appellant’s arguments were without merit and were procedurally barred for failing to comply with the rules of appellate procedure. (10-0: Lassitter St. Pe’ for the Court)
Fraser v. State, 2023-KA-01129-COA (Criminal – Felony) Affirming conviction of culpable negligence manslaughter, holding that even if admission of emails and photographs from the victim’s phone showing past abuse was error it was harmless, that the trial court did not err in admitting an email from the defendant into evidence or in limiting the defendant’s expert witness’s testimony, and that the evidence was sufficient to support the conviction. (8-2-0: Emfinger for the Court; Westbrooks and McDonald concurred in part and in the result without writing)
Elkins v. State, 2024-KA-00597-COA (Criminal – Felony) Affirming conviction of aggravated assault, holding that there were no issues warranting reversal after reviewing counsel’s Lindsey brief and the record. (10-0: Emfinger for the Court)
Covington County Bank v. Scott Tractor & Equipment Company, 2024-CA-01071-COA (Civil – Contract) Reversing the circuit court’s denial of attorney’s fees, holding that the trial court abused its discretion in denying the request for attorney’s fees that was sought after the defendant paid the debt with accrued interest on the same day the creditor filed a motion for entry of default. (7-3: Westbrooks for the Court; Emfinger dissented, joined by Wilson and Lawrence)
Aultman v. Aultman, 2024-CA-00746-COA (Civil – Domestic Relations) Affirming in part and reversing in part in a divorce case, holding that the chancellor erred with respect to the valuation of a home and remanding to reconsider valuation and equitable distribution but holding that the chancellor did not err in valuing an ESIP, retirement, and PERS accounts, did not err in awarding attorney’s fees for successful contempt proceedings. (8-1-0: Carlton for the Court: Wilson concurred in part and in the result without writing; Lassitter St. Pe’ did not participate)
Other Orders
Ryals v. State, 2023-KA-01192-COA (ordering the circuit clerk to supplement the appellate record with the transcript of the jury instruction conference by a date certain and further ordering that if it is not received by that date that the court reporter shall appear before the Court at a show cause hearing)
The Mississippi Court of Appeals served a seasonally-appropriate portion of twelve opinions on Tuesday with nine other orders on the side. You can read about the lot below.
Cummings v. State, 2024-KA-00909-COA (Criminal – Felony) Affirming conviction of two counts of first-degree murder, holding that the conviction was supported by sufficient evidence, the verdict was not against the overwhelming weight of the evidence, the trial court did not abuse its discretion in the jury instructions given, the trial court did did not abuse its discretion in allowing evidence of other bad acts, the ineffective-assistance-of-counsel claim was without merit, and that the cumulative error doctrine did not apply. (7-3: Weddle for the Court; Wilson dissented, joined by Westbrooks and McDonald)
In the Interest of K.B.: A.B.B. v. E.B.S., 2024-CA-00313-COA (Civil – Custody) Affirming the youth court’s decision terminating parental rights, holding that the natural mother exercised all of the rights that she complained on appeal that the trial court failed to give her including her right to court-appointed counsel. (8-2-0: Emfinger for the Court; Westbrooks and McCarty concurred in part and in the result without writing)
Bivins v. Ellisville State School, 2024-SA-01098-COA (Civil – State Boards & Agencies) Affirming the circuit court’s decision affirming the Mississippi Employee Appeals Board’s decision affirming an employee’s termination, holding that the former employee failed to show that the order was not supported by substantial evidence or was arbitrary and capricious. (10-0: McCarty for the Court)
Dortch v. State, 2024-KA-01102-COA (Criminal – Felony) Affirming conviction of capital murder while engaged in the commission of a robbery after reviewing counsel’s Lindsey brief and independently reviewing the record. (10-0: McCarty for the Court)
Latham v. State, 2024-KA-00719-COA (Criminal – Felony) Affirming conviction of sexual battery after reviewing counsel’s Lindsey brief and independently reviewing the record. (10-0: Lawrence for the Court)
Day v. Day, 2024-CA-00771-COA (Civil – Custody) Affirming the chancery court’s custody modification order, holding that there was evidence to support the chancellor’s finding of a material change in circumstances and awarding the mother custody and visitation rights for the father. (9-0: Lawrence for the Court; Weddle did not participate)
Higdon v. Pinkston, 2023-CP-00685-COA (Civil – Real Property) Affirming the chancellor’s grant of summary judgment in a property-line dispute, holding that the chancellor’s decision where the motion for summary judgment was not opposed by a response or evidence at the hearing. (10-0: Carlton for the Court)
McLaurin v. State, 2024-KA-00138-COA (Criminal – Felony) Affirming conviction of possession of meth but reversing sentence as a nonviolent habitual offender, holding that the conviction was supported by sufficient evidence and the verdict was not against the overwhelming weight of the evidence, that there was no plain error in admission of hearsay testimony from an officer, that the ineffective-assistance-of-counsel claim lacked merit, that the trial court properly excluded proposed hearsay testimony, that the trial court did not err in qualifying the jury venire in the defendant’s absence, that the spousal privilege did not apply to certain testimony, and that matters not raised in the trial court were procedurally barred, but holding that the trial court erred in finding that it lacked sentencing discretion. (6-4-0: Carlton for the Court; Wilson, McDonald, Emfinger, and Weddle concurred in part and in the result without writing)
Bodie v. State, 2024-KA-00634-COA (Criminal – Felony) Affirming conviction of two counts of sexual battery and one count of touching a child for lustful purposes, holding that the defendant’s rights under the Double Jeopardy Clause were not violated. (10-0: Carlton for the Court)
CNRS&Z Inc. v. Bridgecrest Acceptance Corporation, 2024-CA-00365-COA (Civil – Contracts) Affirming the trial court’s decision granting a motion to compel arbitration, holding that the trial court did not err in finding a valid and binding arbitration agreement with one of the defendants and that the “close legal relationship” between that defendant and two others allowed them to enforce the arbitration agreement as well. (5-5: Barnes for the Court; McCarty concurred in part and dissented in part, joined by Westbrooks, McDonald, Lawrence, and Lassitter St. Pe’)
Note – The dissent agreed that the claims against the defendant who signed the arbitration agreement were bound to arbitration, but took issue with binding the claims against the other two defendants:
Estate of Price v. St. Dominic-Jackson Memorial Hospital, 2024-CA-00582-COA (Civil – Med Mal) Affirming the circuit court’s dismissal of a med mal action finding that it was barred by the statute of limitations and that it was an impermissible duplicative action, holding that the plaintiff waived any challenge to the dismissal as an impermissible duplicative action by failing to address it on appeal and that it was therefore unnecessary for the Court to address the statute of limitations issue. (6-2-0: Wilson for the Court; McDonald concurred in result only without writing; Lassitter St. Pe’ specially concurred, joined by Westbrooks; Barnes and Weddle did not participate.)
Avery v. State, 2024-CP-01044-COA (Civil – PCR) Reversing summary dismissal of a PCR motion, holding that the motion was sufficient to survive summary dismissal and required the State to answer to motion and provide an explanation for its calculate of the parole eligibility date. (8-2: Wilson for the Court; Lawrence dissented, joined by Weddle)
Other Orders
In the Interest of J.S.: P.S. v. Pearl River County Dept. of CPS, 2023-CA-00932-COA (denying rehearing)
Swims v. State, 2023-KA-01244-COA (denying rehearing)
Jackson v. State, 2023-KA-01280-COA (denying rehearing)
Hinds v. PERS, 2023-SA-01400-COA (denying rehearing)
Patterson v. State, 2024-KA-00268-COA (denying rehearing)
Brown v. State, 2024-CA-00307-COA (denying hearing)
Varnado v. State, 2024-KA-00338-COA (denying rehearing)
Polk v. State, 2024-KA-00591-COA (denying rehearing)
Wright v. State, 2025-TS-00986-COA (dismissing appeal as untimely)
The Mississippi Supreme Court handed down one opinion today in a dispute between the Mississippi Department of Medicaid and a group of providers. There was also a bunch of orders related to various sets of rules.
Hattiesburg Medical Park Management Corp., v. Mississippi Division of Medicaid, 2024-SA-00253-SCT (Civil – State Boards & Agencies) Reversing the chancellor’s decision affirming DOM’s adjustments to providers’ 2015 cost reports, holding that DOM’s change to its internal policy of not offsetting the dividends received by certain providers without public notice was arbitrary and capricious. (7-2: Griffis for the Court; King dissented, joined by Coleman)
Other Orders
In Re: The Rules of Civil Procedure, 89-R-99001-SCT (amending MRCP’s introductory statement for Appendix A Forms)
In Re: Local Rules, 89-R-99015-SCT (dismissing motion to adopt Local Rule Governing Indigent Counsel Appointment)
In Re: Local Rules, 89-R-99015-SCT (granting motion to Amend or in the Alternative, Adopt Local Rule out of the 23rd Circuit Court District)
In Re: Local Rules, 89-R-99015-SCT (granting Motion to Amend Local Rules for the 4th Circuit)
In Re: Rules of Professional Conduct, 89-R-99018-SCT (granting Petition to Amend Certain Rules of the Mississippi Rules of Appellate Procedure and the Mississippi Rules of Professional Conduct in Order to Define the Practice of Law in Mississippi and Exceptions Thereto and to Prohibit the Unauthorized Practice of Law in Mississippi)
Rules for Court Reporters, 89-R-99021-SCT (denying Motion to Amend the Rules and Regulations Governing Certified Court Reporters)
In Re: Mississippi Rules of Criminal Procedure, 89-R-99038-SCT (denying Motion to Amend MRCrP 7.2 and Comment Thereto)
Roncali v. State, 2023-CT-00173-SCT (granting cert)
The Mississippi Court of Appeals handed down ten opinions today. Eight of the opinions are “new” and two of them follow a rehearing grant.
Eaglin v. Burse, 2024-CA-00808-COA (Civil – Custody) Reversing the chancellor’s decision in a custody dispute, holding that the chancellor abused her discretion in denying a motion to continue and a motion in limine. (9-0: Lassitter St. Pe’ for the Court; Westbrooks did not participate)
In Re Conservatorship of Mayberry: Mayberry-Johnson v. Mayberry, 2024-CA-00649-COA (Civil – Wills, Trusts & Estates) Affirming the chancellor’s decision granting a petition to be appointed guardian and conservator of the petitioner’s husband over the objection of their daughter, holding that the chancellor did not abuse his discretion or commit clear error. (10-0: Weddle for the Court)
Hall v. State, 2023-KA-01363-COA (Criminal – Felony) Affirming convictions of conspiracy and aggravated assault, holding that the trial court did not err in admitting video and then admitting witness testimony identifying the defendant in the video. (8-2-0: Emfinger for the Court; Westbrooks and McDonald concurred in the result only without writing)
Longino v. State, 2024-KA-00772-COA (Criminal – Felony) Affirming conviction of first degree murder, holding that the trial court did not err in excluding the defendant’s complete law enforcement interview or in prohibiting the defendant’s father from testifying regarding the defendant’s history of mental health and treatment. (9-1-0: Emfinger for the Court; Westbrooks concurred in part and in the result without writing)
Clarksdale Municipal School District Board of Trustees v. Montgomery, 2024-CA-00611-COA (Civil – Contract) Reversing the chancery court’s decision to reverse the school board’s decision upholding a teacher’s contract non-renewal, holding that because the teacher did not comply with the statute’s requirements no hearing was necessary for the school board to uphold the non-renewal. (9-1: McCarty for the Court; McDonald dissented without writing)
Manning v. State, 2024-CP-00853-COA (Civil – PCR) Affirming the trial court’s order denying a motion for PCR based on a finding that it was successive. (5-1-4: Lawrence for the Court; McCarty concurred in part without writing; Wilson and McDonald dissented in part without writing; Westbrooks dissented, joined by Barnes and McDonald and joined in part by Wilson and McCarty.)
McKnight v. State, 2024-KA-00779-COA (Criminal – Felony) Affirming conviction of possession of a weapon by a habitual offender, holding that the trial court did not abuse its discretion by refusing to give a jury instruction proposed by the defendant because it was an inaccurate statement of the law or in denying a new trial. (9-1-0: Westbrooks for the Court; Wilson concurred in part and in the result without writing)
Yates v. State, 2024-KA-00371-COA (Criminal – Felony) Affirming conviction of burglary of a dwelling, holding that claim of error in excluding testimony was procedurally barred for lack of a proffer and that the conviction was supported by sufficient evidence. (9-1-0: Wilson for the Court; Westbrooks concurred in the result only without writing)
Taylor v. State, 2023-CA-00738-COA (Civil – PCR) Granting a motion for rehearing and reversing the trial court’s denial of a PCR motion, holding that the trial court exceeded its jurisdiction when it sentenced a man to a term that exceeded the maximum and that its actions in doing so are void. (8-2: McCarty for the Court; Emfinger concurred in part and dissented in part without writing; Wilson dissented, joined by Emfinger)
Note – Here is how the Court summarized its holding:
McDonald v. Pruwitt, 2023-CA-01312-COA (Civil – Custody) Granting rehearing and affirming the chancellor’s findings regarding the statutory criteria for grandparent visitation rights but reversing and remanding for specific findings regarding the Martin factors. (10-0: Emfinger for the Court)
Other Orders
Nelson v. State, 2023-CP-00647-COA (denying rehearing)
Walker v. State, 2023-KA-01012-COA (denying rehearing)
Howard v. Howard, 2023-CA-01029-COA (denying rehearing)
Briggs v. Jackson, 2023-CA-01241-COA (denying rehearing)
Gombak0-Amos v. Amos, 2023-CA_01253-COA (denying rehearing)
Brodie v. Brodie, 2023-CA-01397-COA (denying rehearing)
Bhatti v. Board of Supervisors of Coahoma County, Mississippi, 2024-CA-00027-COA (denying rehearing)
Martin v. Martin, 2024-CA-00222-COA (denying rehearing)
Pickens v. State, 2025-TS-01084-COA (suspending Rule 4(a)’s deadline and allowing the appeal to proceed on the merits)
Lee v. State, 2025-TS-01099-COA (finding pro se response to show-cause notice well-taken and allowing appeal to proceed)
Fisher v. State, 2025-TS-01174-COA (granting appellant’s pro se motion to proceed out-of-time)
The Mississippi Supreme Court handed down four opinions yesterday. There was also an order dismissing an appeal as untimely based on a defect in a motion for reconsideration filed with the trial court that is worth a quick read.
Mohiuddin v. Jackson County, 2024-CA-00759-SCT (Civil – State Boards and Agencies) Affirming the circuit court’s judgment upholding the Board of Supervisor’s approval of a special exception to a zoning ordinance, holding that the Board’s interpretation of its zoning ordinance was correct and that is decision granting a special exception was not arbitrary and capricious and was supported by substantial evidence. (9-0: Branning for the Court)
Miller v. State, 2024-KA-00804-SCT (Criminal – Felony) Affirming conviction of aggravated assault, holding the indictment was not defective and that the defense was not prejudiced by the State’s amendment of the indictment. (7-1-0: Griffis for the Court; King concurred in result only without writing)
Thompson v. Estate of Lee, 2025-CA-00286-SCT (Civil – Wills, Trusts & Estates) Reversing the chancellor’s decision in a claim brought against an estate by the former clients of the decedent regarding misappropriated client funds, holding that the chancellor erred in dismissing the clients’ claims where the court had previously ruled that MDL funds at issue belonged to the clients and erred in finding that the former clients were required to maintain a judgment against the decedent or his estate to recover their funds that he held in trust. (8-1: Chamberlin for the Court; Randolph concurred in result only without writing)
Busby v. State, 2024-KA-00482-SCT (Criminal – Felony) Affirming conviction of sale of a Schedule II substance, holding that there was no Confrontation Clause violation where the trial court admitted testimony from a drug-analyst expert to testify that the substance sold was methamphetamine and admitted the law report through that expert where the expert was the technical reviewer and not the initial analyst. (5-4: Maxwell for the Court; Coleman concurred in result only, joined by King, Ishee, and Sullivan.)
Other Orders
P.K. Loyacono, PLLC v. Raymond James Financial Services, Inc., 2024-CA-00791-SCT (granting motion to dismiss appeal from final judgment for lack of jurisdiction)
Practice Point – This Order is a cautionary tale. A “motion for reconsideration” that does not state grounds for relief does not toll the appeal deadline:
In Re: Advisory Committee on Rules, 89-R-99016-SCT (reappointing the following persons for three-year terms (1/1/26 to 12/31/28) as members of the Advisory Committee on Rules: Hon. Crystal Wise Martin, Hon. Celeste Embrey Wilson, David P. Pitre, Esq., Corey Clayton Cranford, Esq., Lance L. Stevens, Esq., and Katherine S. Kerby, Esq.)
Jones v. State, 2022-CT-01124-SCT (denying cert)
Davis v. State, 2023-CT-00811-SCT (denying cert)
Lee v. Doolittle, 2023-CT-00969-SCT (granting cert)
Phinizee v. State, 2023-CT-01090-SCT (denying cert)
Fortner v. IMS Engineers, Inc., 2023-CT-01170-SCT (denying cert)
Smith v. State, 2024-CT-00162-SCT (denying cert)
Underwood v. State, 2024-CT-00423-SCT (dismissing cert petition as untimely)
My summaries of last week’s and today’s action from the Mississippi Supreme Court are below.
I will blame my tardiness in part on the fact that last week I had the privilege of presenting a civil case law update at the 2025 Law Clerk and Judicial Staff In-Person and Virtual CLE presented by The Bench-Bar Liaison Committee of the Mississippi Bar. It was a great time of catching-up with friends and presenting on something I am passionate about.
October 23, 2025
No Opinions
Other Orders
Harris v. Casino Vicksburg, LLC, 2023-CT-00959-SCT (denying cert)
Deer v. State, 2024-CT-00019-SCT (denying cert)
Hatchett v. State, 2024-CT-00100-SCT (denying cert)
Lakeland Premier Women’s Clinic, PLLC v. Jackson, 2024-IA-00445-SCT (Civil – Medical Malpractice) Reversing the trial court’s denial of a clinic and doctor’s motion for summary judgment in a med mal case on interlocutory appeal, holding that the trial court abused its discretion in denying the defendants’ motion for summary judgment and granting the plaintiff additional time to obtain an expert affidavit where the plaintiff filed a response to the motion for summary judgment on the day of the hearing without supporting medical affidavit or testimony. (9-0: Branning for the Court)
Practice Point – The Court drew a distinction between the rule 56(c) which allows affidavits opposing an MSJ to be served as late as the day before the hearing and the uniform rule requiring a response to be filed within 10 days.
Jones v. State, 2024-KA-01356-SCT (Criminal – Felony) Affirming conviction of attempted aggravated-assault, holding that the evidence was sufficient to support the verdict and that the verdict was not against the overwhelming weight of the evidence where evidence showed that the defendant pointed a gun at his neighbor before firing it. (9-0: Maxwell for the Court)
Elliott Land Developments, LLC v. Board of Supervisors of Jackson County, Mississippi, 2024-CA-01249-SCT (Civil – Real Property) Affirming the circuit court’s affirmance the board of supervisors’ denial of a rezoning application, holding that the board had jurisdiction, that whether the developer met its burden was a fairly debatable issue based on substantial evidence presented by each side, and that the board’s denial was not arbitrary or capricious. (9-0: Coleman for the Court)
Chung v. State, 2023-CT-00362-SCT (Civil – Other) Reversing the Court of Appeals and reinstating the trial court’s judgment, holding that sufficient evidence supported the trial court’s decision finding that the State met its burden of proof required in civil-forfeiture proceedings. (5-4: Branning for the Court; Sullivan dissented, joined by King, Coleman, and Ishee)
Note – A 5-4 Court of Appeals reversed the trial court and a 5-4 Supreme Court reversed the Court of Appeals.
Other Orders
1st Step Sober Living LLC v. Cleveland, 2023-CT-00665-SCT (denying cert)
In Re: Administrative Orders of the Supreme Court of Mississippi, 2025-AD-00001-SCT (directing the disbursement of $189,619.03, in civil legal assistance funds among the MS Center for Legal Services, MS Volunteer Lawyers Project, and North MS Rural Legal Services)
The Mississippi Court of Appeals handed down five opinions yesterday. We closed out the month with a med mal/MTCA decision, a workers’ comp borrowed employee case, a felony conviction, a PCR case, and an MDOC administrative remedy case.
University of Mississippi Medical Center v. Giddens, 2024-CA-00842-COA (Civil – Wrongful Death) Affirming judgment in favor of the plaintiff in a wrongful death med mal case brought under the MTCA, holding that the trial court’s decision that the decedent had not given informed consent for a procedure that constituted a breach of the standard of care and that the decision to perform that procedure during another procedure was a breach of the standard of care was supported by substantial credible evidence. (10-0: St. Pe’ for the Court)
Walker v. State, 2024-CP-01032-COA (Civil – PCR) Vacating and rendering judgment dismissing a PCR petition because the trial court lacked jurisdiction to consider the merits where the petition failed to first obtain permission from the Mississippi Supreme Court. (10-0: McCarty for the Court)
Adams v. Hinds County School District, 2024-CA-00756-COA (Civil – Personal Injury) Affirming the circuit court’s decision granting summary judgment in a personal injury case, holding that the trial court did not err in determining that the plaintiff (an employee of a staffing service) was a borrowed employee of the school district and that workers’ compensation was therefore her exclusive remedy. (10-0: Wilson for the Court)
Walton v. State, 2024-KA-00818-COA (Criminal – Felony) Affirming conviction of felony possession of stolen property, holding that the evidence was sufficient, that the trial could did not err in denying the motion for directed verdict or in refusing a peremptory instruction asserting that the State failed to prove the element of guilty knowledge, and that the verdict was not against the overwhelming weight of the evidence. (10-0: Carlton for the Court)
Carroll v. State, 2024-CP-00875-COA (Civil – Other) Affirming the circuit court’s dismissal of the petition for clarification of a sentencing order, holding that the circuit court reached the right result but for the wrong reason and explaining that the petition was untimely. (7-3-0: Wilson, Westbrooks, and Emfinger concurred in part and in the result without writing)
Other Orders
Shipley v. Shipley, 2023-CA-00814-COA (denying rehearing)
Stephney v. State, 2023-KA-00936-COA (denying rehearing)
Mortera v. Kona Villa Owners Association, Inc., 2023-CA-01297-COA (denying rehearing)
The Mississippi Supreme Court handed down two opinions on September 11 and two more on September 18. I think the most significant of the bunch is Pilot Travel Centers, LLC v. Womackwhere the Supreme Court reversed the Court of Appeals and granted a new trial in a premises liability case because improper expert testimony was admitted.
September 11, 2025
Patterson v. State, 2024-CA-00788-SCT (Civil – Wrongful Death) Affirming the trial court’s grant of summary judgment dismissing an MTCA wrongful death claim, holding that the immunity requirements of Section 11-46-9(1)(l) were met and that the statute passed constitutional muster. (9-0: Sullivan for the Court)
Watkins Construction v. Miss. Dept. of Revenue, 2024-SA-00662-SCT (Civil – State Boards & Agencies) Affirming the chancery court’s decision denying a taxpayer’s motion for summary judgment “for reconsideration, clarification, and alternative relief,” finding that the chancellor properly denied the company’s post-judgment request and declining to “give advisory opinions about unraised legal questions.” (9-0: Maxwell for the Court)
Other Orders
The Mississippi Bar v. Valley, 2008-BD-01884-SCT (granting motion to reopen case and file amended formal complaint)
Shelton v. State, 2010-M-01801 (denying petition to review issues re: possible judicial and/or criminal misconduct for possible impeachment and/or prosecution directed at the trial judge, finding that the filing was frivolous, and restricting the petitioner from filing in forma pauperis)
In Re: Judicial Election Oversight Committee, 2021-M-01306-SCT (appointing Spence Flatgard, James H. Heidelberg, and David F. Delgado to four-year terms as members of the judicial election oversight committee)
Carr v. State, 2023-DR-00503-SCT (granting motion to vacate stay and granting open time motions and giving 30 days to file post-conviction application)
In Re Estate of Ivision: Malouf & Malouf, PLLC v. Estate of Ivison, 2024-CA-00421-SCT (Civil – Wills, Trusts & Estates) Affirming the chancery court’s denial of a motion for payment of past due interest, holding that this second probated claim for compound interest was a new claim and was untimely filed. (9-0: Griffis for the Court)
Pilot Travel Centers, LLC v. Womack, 2023-CT-00035-SCT (Civil – Personal Injury) Reversing the Court of Appeals’ decision that held that the trial court’s error admitting expert testimony was harmless, holding that the expert was unqualified and his testimony was unhelpful where he read the defendant’s policies and identified alleged violations of them. (9-0: Chamberlin for the Court)
Practice Point – This is a big Daubert case (though the opinion did not cite Daubert). The Supreme Court agreed with the Court of Appeals that admitting the expert testimony was error, but the Supremes held it was not harmless. The Court adopted the rationale from Judge Wilson’s Court of Appeals dissent:
Other Orders
Crawford v. State, 2024-DR-01386-SCT (granting the State’s motion to dismiss a petition for post-conviction relief)
Galloway v. State, 2025-DR-00129-SCT (granting the State’s motion to dismiss successive motion for leave to proceed)
In Re: Rules of Discipline for the Mississippi Bar, 89-R-99010-SCT (appointing Robert R. Morris III as member of the Complaint Tribunal)
Crawford v. State, 24-DP-01016-SCT (granting renewed motion to set execution date)
The Mississippi Court of Appeals handed down eight opinions on Tuesday. I finally got around to summarizing them and you can read those summaries below.
Lovelace v. Board of Trustees of East Mississippi Community College, 2023-CA-01341-COA (Civil – Contract) Affirming the chancellor’s order denying appeal and upholding the board’s decision not to renew an instructor’s contract, holding that the chancellor did not err by not considering documents that were not before the board, that the board’s decision was supported by substantial evidence, and the instructor was not denied due process. (10-0: Weddle for the Court)
Ingram v. Ingram, 2023-CA-01364-COA (Civil – Custody) Affirming the Court’s custody order, holding that the chancellor did not err in the Albright analysis or abuse his discretion in the visitation award. (10-0: Weddle for the Court)
Franklin v. State, 2024-CP-00696-COA (Civil – PCR) Affirming dismissal of PCR motion as time-barred. (9-0: McCarty for the Court; Emfinger did not participate)
Cardwell v. State, 2024-CP-01088-COA (Civil – PCR) Affirming denial of PCR motion as successive. (10-0: McCarty for the Court)
Brookshire v. State, 2023-KA-00966-COA (Criminal – Felony) Affirming conviction of first-degree murder, holding that there was a custodial interrogation that violated the right to counsel that had been invoked but that the error was harmless in light of the overwhelming evidence supporting the conviction and that its admission did not result in plain error under the Confrontation Clause. (8-2-0: Westbrooks for the Court; Carlton and McCarty concurred in result only without writing)
Williams v. State, 2024-CA-00817-COA (Civil – PCR) Reversing summary dismissal of a PCR motion, holding that the petitioner was not required to seek leave from the Supreme Court before filing the PCR motion. (10-0: Wilson for the Court)
Back Bay Lawnscapes LLC v. Graham, 2024-CA-00054-COA (Civil – State Boards & Agencies) Affirming the chancery court’s order granting summary judgment upholding a sales tax assessment and an individual income tax assessment, holding that the taxpayer failed to fulfill its statutory duty to keep adequate records and that the chancellor did not err in applying the law to the facts of the case or in awarding damages. (9-0: Carlton for the Court; Westbrooks did not participate)
Taylor v. Fair, 2024-CP-00676-COA (Civil – Other) Affirming the chancellor’s dismissal of a petition for write of habeas corpus and emergency custody of the petitioner’s child, holding that the chancellor did not err in dismissing the petition for lack of jurisdiction. (9-1-0: Carlton for the Court; McDonald concurred in result only without writing)
Other Orders
Estate of Anderson: Brown v. Fitzgerald, 2023-CA-01131-COA (denying rehearing)
Smith v. State, 2024-KA-00162-COA (denying rehearing)
Bickes v. Swain, 2024-CA-00187-COA (denying rehearing)
Roach v. Roach, 2024-CA-00236-COA (denying rehearing)
Mississippi Appeals Blog 