Tag: State Boards and Agencies

Mississippi Court of Appeals Decisions of March 18, 2025

The Mississippi Court of Appeals handed down five opinions on Tuesday. There is something for everybody with a workers’ comp case, an unemployment case, a direct criminal appeal, a premises liability case, and a PCR case.

King v. State, 2023-CA-00770-COA (Civil – PCR)
Reversing the circuit court’s dismissal of the claimant’s motion for PCR wherein he claimed the circuit court improperly revoked probation and participation in drug court and imposed his original suspended sentence, holding that the claimant was statutorily barred from participating in drug court because he was charged with and pleaded guilty to a crime of violence, and since his probation was revoked only twice for violations of drug court conditions, the circuit court lacked authority to impose the full sentence, and remanding with instructions to reinstate the probation.
(5-2-3: Wilson concurred in part and in the result without writing; Emfinger concurred in result only without writing; Lawrence dissented, joined by Weddle and St. Pe’, joined in part by Emfinger)

Porter v. State, 2023-KA-00809-COA (Criminal – Felony)
Affirming conviction of capital murder, holding that the trial court did not err in denying a motion to suppress the defendant’s (who was 17 at the time) statements to police, that the defendant had no viable Sixth Amendment claim based on the size and composition of the jury venire without proof that minorities were intentionally or systematically excluded because of their race, that the trial court did not abuse its discretion in limiting the defendant’s attorney’s opening statement, that the trial court did not err in limiting the defendant’s questioning of a witness for impeachment purposes, that the trial court did not err by excluding two character witnesses, that the trial court did not err by refusing the defendant’s lesser-included offense instruction of manslaughter because they had no foundation in the evidence and because a reasonable jury could find the defendant guilty of capital murder, that the trial court did not err by not granting a mistrial for the State’s remarks during closing, and that the trial court did not err by not granting a mistrial when the jury sent out its first note because the defendant did not obtain a ruling and because the assignment was meritless, and that the cumulative error doctrine did not apply.
(8-2-0: Wilson and Westbrooks concurred in result only without separate written opinion)

Animal Rescue Fund of Mississippi v. Mississippi Department of Employment Security, 2024-CC-00152-COA (Civil – State Boards & Agencies)
Affirming an award of unemployment benefits after MDES initially determined that the claimant voluntarily left his employment, holding that the Board of Review’s decision was supported by substantial evidence so the circuit court did not abuse its discretion in affirming it.
(9-1-0: Wilson concurred in part and in the result without writing)

Harris v. Casino Vicksburg, LLC, 2023-CA-00959-COA (Civil – Personal Injury)
Affirming summary judgment in favor of a casino in a premises liability case arising from a chair that slipped out from under the plaintiff, holding that the plaintiff failed to show the existence of a dangerous condition.
(7-3: Westbrooks dissented, joined by Carlton and McDonald)

Caffey v. Forrest Health, 2023-WC-01232-COA (Civil – Workers’ Comp)
Affirming the MWCC’s decision reversing the AJ’s finding that the claimant sustained a 50% loss of wage-earning capacity, holding that the though the MWCC erred in its Jordan analysis on whether employment was offered post-MMI the claimant nonetheless did not make a prima facie case under Jordan because he never reported back to work after MMI or under Thompson because there was no evidence the claimant independently searched for employment.
(8-1-1: Wilson concurred in part and in the result without writing; McDonald concurred in part and dissented in part without writing)

Other Orders

  • Ellzey v. State, 2022-KA-00797-COA (denying rehearing)
  • Allred v. Tishomingo County, Mississippi, 2023-CA-00569-COA (denying rehearing)
  • Old Hattiesburg High, L.P. v. Harris Construction Services, LLC, 2023-CA-00579-COA (denying rehearing)
  • Sullivant v. Freeland, 2023-CP-01393-COA (granting appelles’ motion for monetary sanctions)

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Mississippi Court of Appeals Decisions of March 4, 2025

The Mississippi Court of Appeals handed down five opinions today. Three of the cases involved state boards and agencies: one unemployment case, one termination case, and one case where a petitioner sought to amend or append his birth certificate. There are also two direct criminal appeals.

Darden v. MDES, 2024-CC-00159-COA (Civil – State Boards & Agencies)
Affirming denial of unemployment benefits as untimely, holding that substantial record evidence supported the circuit court’s order affirming the agency’s decision.
(10-0)

Jack v. City of Meridian, 2023-CC-01339-COA (Civil – State Boards & Agencies)
Affirming employment termination, holding that the decision was not arbitrary and capricious and not in good faith, that the city provided substantial evidence that the plaintiff violated policies, and that the evidence did not show that the plaintiff was arbitrarily treated differently from two white male officers.
(9-1-0: Lawrence concurred in result only without writing)

Malone-Bey v. Mississippi State Board of Health, 2024-SA-00288-COA (Civil – State Boards & Agencies)
Affirming the chancery court’s decision denying a petition to amend birth certificate to designate the petitioner’s race as “white: Asiatic/Moor,” holding that the chancery court correctly ruled that it lacked the authority to amend a birth certificate to include additional categories of information and that neither the Board or the chancery court violated the petitioner’s constitutional or civil rights.
(10-0)

Terry v. State, 2023-KA-00979-COA (Criminal – Felony)
Affirming conviction of kidnapping, holding that the evidence was sufficient to sustain the kidnapping conviction, that the verdict was not against the weight of the evidence, that the trial court did not abuse its discretion by allowing the victim’s testimony about the crimes of co-defendants, and that the defendant’s proposed simple assault instruction was properly rejected.
(10-0)

McNaughton v. State, 2023-KA-01099-COA (Criminal – Felony)
Affirming conviction of second-degree murder after the defendant drove over his ex-girlfriend in a parking lost causing fatal injuries, holding that the trial court did not abuse its discretion admitting evidence of prior incidents of domestic abuse, that there was sufficient evidence to support the conviction, and that the conviction was not against the overwhelming weight of the evidence.
(9-1-0: Wesbtrooks concurred in result only without writing)

Other Orders

  • In the Interest of A.R.H., a Minor: Malone v. Jackson County Dept. of Child Protective Services, 2023-CA-00420-COA (denying rehearing)
  • Arnold v. State, 2023-KA-00519-COA (denying rehearing)
  • Cauthen v. State, 2023-KA-00589-COA (denying rehearing)

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Mississippi Court of Appeals Decisions of January 7, 2025

Happy New Year! Many thanks to all who read the blog over the past year, I truly appreciate your support. But that is all the time we have for sentimentality because the Mississippi Court of Appeals wasted no time getting back in the action. There are ten opinions today and you can read my summaries below.

Poole v. State, 2023-KA-01162-COA (Criminal – Felony)
Affirming conviction of possession of meth, holding that the trial court did not err in denying the defendant’s motions for directed verdict of JNOV where the defendant failed to file a motion a suppress evidence and failed to contemporaneously object to the evidence being admitted.
(7-2-0: Westbrooks and McDonald concurred in result only without writing, St. Pe’ did not participate.)

Everett v. State, 2024-CP-00206-COA (Civil – State Boards and Agencies)
Affirming the trial court’s dismiss of a “petition for judicial review” as time-barred because it was filed two and one-half years after the petitioner had exhausted his administrative remedies.
(9-0: St. Pe’ did not participate)

Begnaud v. Begnaud, 2023-CA-00822-COA (Civil – Domestic Relations)
Reversing the chancellor’s decisions in a divorce case, holding that the chancellor erred in failing to value guns before awarding them to one party, in failing to consider the tax consequences of receiving funds from a retirement account, and in awarding a credit for child support payments.
(9-0: St. Pe’ did not participate)

In re: Harvey; Chimento v. Schwark, 2023-CA-00398-COA (Civil – Wills, Trust, & Estates)
Affirming the chancellor’s decision in a will contest, holding that the chancellor did not err in finding that the testator had capacity, that there was not abuse or suspicious circumstances giving rise to a presumption of undue influence, that there was due execution, or that the proponent overcame the presumption of revocation.
(9-0: St. Pe’ did not participate)

Rencher v. State, 2024-CP-00008-COA (Civil – PCR)
Affirming denial of a PCR motion, holding that the trial court did not err in finding that the claim of ineffective assistance of counsel is without merit.
(6-2-0: Wilson and Emfinger concurred in part and in the result without writing; Weddle and St. Pe’ did not participate)

Jones v. State, 2023-CP-01247-COA (Civil – PCR)
Affirming the trial court’s dismissal of a PCR motion, holding that the trial court lacked jurisdiction because the petitioner did not obtain permission from the Mississippi Supreme Court before filing the motion.
(9-0: St. Pe’ did not participate)

Walker v. Mississippi State Parole Board, 2023-CP-00919-COA (Civil – State Boards and Agencies)
Affirming dismissal of petition for judicial review of MDOC decision, holding that the trial court did not err in finding that the petitioner failed to exhaust his administrative remedies.
(9-0: St. Pe’ did not participate)

Boone v. State, 2023-KA-00684-COA (Criminal – Felony)
Affirming conviction two counts of gratification of lust, holding that the verdict was not against the overwhelming weight of the evidence and that the trial court did abuse its discretion in denying a motion in limine to exclude prior bad acts testimony or in giving an instruction re: sufficiency of the unsupported word of the victim.
(9-0: St. Pe’ did not participate)

Mount v. State, 2023-KA-00807-COA (Criminal – Felony)
Affirming conviction of first-degree murder, holding that the trial court did not abuse its discretion in finding the defendant competent to stand and that the verdict was not contrary to the overwhelming weight of the evidence regarding his sanity at the time of the offense.
(5-4-0: St. Pe’ did not participate)

Wilson v. Barnes-Wilson, 2023-CA-00945-COA (Torts – Other)
Affirming the trial court’s grant of a motion to dismiss for failure to prosecute, holding that the trial court did not abuse its discretion where the plaintiff took no action of record for two years and then failed respond to the motion to dismiss for over a year and even then only after the case was dismissed.
(7-2-0: McDonald and McCarty concurred in part and in the result without writing; St. Pe’ did not participate.)

Other Orders

  • Alexander v. State, 2022-KA-00977-COA (denying rehearing)
  • Campbell v. State, 2022-KA-01055-COA (denying rehearing)
  • Galang v. State, 2023-KA-00006-COA (denying rehearing)
  • Howell v. State, 2023-KM-00265-COA (denying rehearing)
  • Wilkerson v. Allred, 2023-CA-00393-COA (denying rehearing)
  • Harris v. State, 2023-KA-00460-COA (denying rehearing)
  • Brown v. State, 2023-KA-00658-COA (denying rehearing)
  • Haley v. State, 2023-CP-00918-COA (denying rehearing)

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Mississippi Supreme Court Decisions of August 15, 2024

The Mississippi Supreme Court handed down four opinions today. There is one direct criminal appeal, one wrongful termination case, an adoption, and a pro se PCR win.

Bradford v. State, 2023-KA-00595-SCT (Criminal – Felony)
Affirming conviction of armed robbery, finding no error after reviewing counsel’s Lindsey brief and the record.
(9-0)

Public Service Commission of Yazoo City v. Wright, 2023-IA-00020-SCT (Civil – State Boards and Prisons)
Reversing the trial court’s denial of the PSC’s motion for summary judgment in a suit alleging wrongful termination in retaliation for refusing to participate in an illegal activity, holding on interlocutory appeal that the plaintiff failed to identify any act on the part of her supervisor that warranted the imposition of criminal penalties.
(9-0)

In the Matter of the Adoption of D.A.S., a Minor: B.B. v. K.P., 2023-CA-00381-SCT (Civil – Adoption)
Affirming denial of a petition to set aside an adoption based on alleged fraudulent misrepresentations that the adoption would be “open,” holding that the petition was untimely because it was filed more than six months after the entry of the adoption decree.
(9-0)

Practice Point – Though the petition to set aside the adoption was dismissed as untimely, it was interesting that an issue in the case was notary lines that were inconsistent with the body of the adoption petition. The petitioner was seeking to have the adoption set aside based on claims of fraudulent misrepresentations that the adoption would be “open.” The body of the initial and amended petitions for adoption did not reference an “open” adoption, but the notary lines read:


A good reminder to beware of those copy-paste portions of pleadings.

Love v. State, 2021-CT-01101-SCT (Civil – PCR)
Reversing the circuit court for dismissing the petitioner’s voluntariness claim without evidentiary hearing and the Court of Appeals for affirming that dismissal, holding that the circuit court committed plain error during the plea colloquy by incorrectly stating the minimum penalty on each count to which the petitioner was pleading, that the the petitioner was not properly informed he would be sentenced as a habitual offender resulting in a blatant injustice, that the State did not establish a factual basis to support the habitual offender portion of the indictment by failing to mention the prior felony convictions, and that issues related to the petitioner’s request to withdraw his plea and his ineffective assistance claim were procedurally barred.
(9-0)

Other Orders

  • Hills v. Manns, 2022-CT-00774-SCT (denying cert)
  • Boyett v. Cain, 2022-CT-00978-SCT (granting pro se cert petition)
  • Jones v. Mississippi Department of Child Protection Services, 2022-SA-01234-SCT (denying rehearing)

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Mississippi Supreme Court Decisions of June 13, 2024

The Mississippi Supreme Court handed down four opinions today. Three of the opinions are direct criminal appeals, and one of those involved a reverse Batson challenge. The fourth opinion was a dec/injunction action against MDCPS.

Morris v. State, 2023-KA-00546-SCT (Criminal – Felony)
Affirming conviction for statutory rape, holding that the evidence was sufficient to support the conviction and that the verdict was not against the overwhelming weight of the evidence.
(9-0)

Turner v. State, 2023-KA-00074-SCT (Criminal – Felony)
Affirming conviction of kidnapping after the defendant failed to return her daughter to the child’s lawful custodian, holding that there was sufficient evidence to support the conviction.
(9-0)

Smith v. State, 2021-CT-01003-SCT (Criminal – Felony)
Affirming conviction of first-degree murder having granted cert on the issue of whether the case should be remanded for another Batson hearing, holding that the trial court did not err in disallowing two of the defendant’s strikes after reverse Batson challenges.
(6-3: King dissented, joined by Kitchens and joined in part by Ishee)

Jones v. Miss. Dept. of Child Protective Services, 2022-SA-01234-SCT (Civil – State Boards and Agencies)
Affirming the chancellor’s decisions granting MDCPS a judgment on the pleadings in an injunctive and declaratory action against MDCPS’s policy not to investigate allegations of abuse at school, holding that Mississippi law (Mississippi Code Section 43-21-353 (Rev. 2023), specifically) does not require the MDCPS to investigate a report that a child has been abused at school.
(6-1-2: Randolph concurred in the result only without writing; Kitchens dissented, joined by King)

Other Orders

  • Rules for Court Reporters, 89-R-99021-SCT (appointing Leslie D. King, Candace O’Barr Jones, Kati Vogt, and Latanya Allen as members of the Board of Certified Court Reporters for two-year terms from July 1, 2024, through June 30, 2026)
  • Haverscome v. State, 2022-CT-00391-SCT (denying cert)
  • Brown v. State, 2022-CT-00446-SCT (denying cert)
  • Gilmer v. Biegel, 2022-CP-00528-SCT (one order denying cert; granting motion for fees)
  • Moore v. Miss. Farm Bureau Casualty Ins. Co., 2022-CT-00555-SCT (denying cert)
  • Gregory Meridian Acquisition, LLC v. McFarland, 2022-CT-00580-SCT (denying cert)
  • Wiggins v. Southern Securities Group, LLC, 2024-TS-00251 (accepting request for interlocutory appeal as notice of appeal)
  • Mi Pueblo Mexican Restaurant, LLC v. Breakfast Cove, LLC, 2024-CA-00271 (granting leave to proceed in the trial court with Miss. R. Civ. P. 60 motion but denying stay request)

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Mississippi Supreme Court Decisions of May 30, 2024

The Mississippi Supreme Court handed down five opinions today. There is an MTCA case, a premises liability case, an unpaid wages case against MDOC, an insurance coverage case, and a workers’ comp/third-party case.

Yazoo City, Mississippi v. Hampton, 2022-IA-01284-SCT (Civil – Property Damage)
Reversing denial of summary judgment in a case seeking to hold the City liable for alleged ineffective firefighting and alleged resulting cardiac stress, holding that the City was immune under the MTCA from both property damage and personal injury liability where the evidence did not support a finding of reckless disregard by the fire department.
(9-0)

St. Dominic-Jackson Memorial Hospital v. Martin, 2023-CA-00285-SCT (Civil – Personal Injury)
Reversing judgment on a jury verdict in case stemming from a fall in an emergency room parking lot, holding that the evidence did not require judgment in the defendant’s favor but that the trial court erred by granting a negligence per se instruction and remanded for a new trial.
(9-0)

Mississippi Department of Corrections v. McClure, 2022-IA-01201-SCT (Civil – State Boards and Agencies)
Affirming the circuit court’s denial of a motion to dismiss for lack of jurisdiction over a former probation officer’s claim for unpaid wages for work with the MDOC, holding that Mississippi courts have jurisdiction to hear state employees’ claims against their employers for breach of contract and that the exhaustion doctrine did not apply because there was not adequate administrative remedy.
(9-0)

VT Halter Marine, Inc. v. Certain Underwriters of Lloyd’s of London Subscribing to Policy Number B0507M17PH04660, 2023-CA-00019-SCT (Civil – Insurance)
Affirming summary judgment in favor of an insurer in a suit by an insured seeking coverage for costs incurred in repairing and replacing flange plates that failed due to faulty workmanship, holding the insurance policy unambiguously excluded the cost of replacing or repairing improper or defective materials.
(9-0)

Brent v. Mississippi Dept. of Human Services, 2022-CT-00529-SCT (Civil – Workers’ Compensation)
Reversing the decision of the Mississippi Court of Appeals that affirmed trial court’s decision allowing the intervening employer/carrier’s EME costs be included in the statutory lien, holding that the EME was not a “reasonable and necessary medical expense” and therefore not properly included in the lien amount.
(9-0)

Other Orders

  • DeJohnette v. State, 2022-CA-00249-SCT (denying cert)
  • Chambliss v. Chambliss, 2023-CT-00087-SCT (denying cert)

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Mississippi Court of Appeals Decisions of March 26, 2024

The Mississippi Court of Appeals handed down three opinions on Tuesday. The case that stood out to me was Murphy v. William Carey University not because of the result but because of how the Court of Appeals discussed the Horton doctrine. The special concurrence pulled no punches.

Frazier v. State, 2022-KA-00896-COA (Criminal – Felony)
Affirming conviction of first-degree murder with firearm enhancement, holding that the circuit court did not err in denying a heat-of-passion manslaughter instruction and did not abuse its discretion in refusing to allow the defendant to read proffered testimony from the first trial that ended with a mistrial on the first-degree murder charge.
(10-0)

Murphy v. William Carey University, 2022-CA-00379-COA (Civil – Med Mal)
Reversing the trial court’s grant of summary judgment in a med mal case based on lack of pre-suit notice and the statute of limitations, holding that the defendant waived those defenses by failing to pursue them while actively participating in litigation.
(7-2: Lawrence specially concurred joined by McDonald, Smith, and Emfinger, and joined in part by Wilson and Westbrooks; Greenlee dissented, joined by Carlton)

NOTE – I find the discussion of the Horton doctrine fascinating. The majority opinion and the special concurrence threw some shade at the development of the Horton doctrine and how it has been applied. The majority opinion included this statement and footnote:


The special concurrence upped the ante and sharply criticized the state of the Horton doctrine. I read the special concurrence (carrying four votes and two “in part” votes) as a challenge to the Mississippi Supreme Court to clean up the Horton doctrine:

The special concurrence concluded with this:

I am not sure this is the best “test case” for the Horton doctrine based on the facts, but I will be watching for a cert petition.

The City of Pascagoula, Mississippi v. Cumbest, 2022-CA-00745-COA (Civil – State Boards & Agencies)
Reversing on direct appeal and reversing on cross-appeal in a case over whether private property was “menace” under Miss. Code Ann. section 21-19-11, holding that the circuit court erred in reversing the city council’s determination that the property was a “menace” and finding no abuse of discretion in the circuit court’s denial of the property owner’s decision denying the owner’s motion to compel production of documents.
(5-4: Westbrooks concurred in part and dissented in part without separate written opinion; McDonald concurred in part and dissented in part, joined by Wilson, Westbrooks, and McCarty; Lawrence did not participate)

NOTE – The concurrence took issue with the City making the “menace” determination based on the condition of the property before the hearing and not at the time of the hearing.

Other Orders

Friley v. State, 2021-KA-00791-COA (denying rehearing)

Smith v. Ford, 2022-CA-00255-COA (denying rehearing)

Burns v. BancorpSouth Bank, 2022-CA-00404-COA (denying rehearing)

Moore v. Mississippi Farm Bureau Casualty Insurance Company, 2022-CA-00555-COA (denying rehearing)

Edwards v. State, 2022-KA-00719-COA (recalling mandate and permitting pro se motion for rehearing to proceed)

Scales v. State, 2022-KA-00856-COA (denying rehearing)

Thompson v. Thompson, 2022-CA-01014-COA (dismissing motion for rehearing as untimely)

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Mississippi Court of Appeals Decisions of March 19, 2024

The Mississippi Court of Appeals handed down eight opinions today. There was a med mal case dismissed on statute of limitations grounds, an IIED verdict, an interpleader by a bank to determine the appropriate beneficiary-on-death of a CD, a zoning decision, a felony conviction, and a few PCR cases.

Jordan v. States, 2022-CP-00874-COA, consolidated with 2022-CP-00877-COA and 2023-CP-00072-COA (Civil – PCR)
Affirming denials of three PCR motions, holding that all three motions were barred as subsequent PCR motions and that no exception to the bar was supported.
(10-0)

Jones v. State, 2022-KA-01117-COA (Criminal – Felony)
Affirming conviction of two counts of child exploitation after the “underage female” the defendant attempted to meet up with turned out to be an undercover officer, holding that the entrapment jury instruction was properly rejected and that the convictions were not against he overwhelming weight of evidence.
(10-0)

Rogers v. NewSouth NeuroSpine LLC, 2022-CP-01036-COA (Civil – Med Mal)
Affirming the circuit court’s decision granting the defendant’s motion to dismiss based on the statute of limitations and denying post-judgment motions, holding that the circuit court did not abuse its discretion denying the pro se plaintiff’s Rule 60 motion and also denying the defendants’ motion for sanctions, damages, and fees.
(10-0)

Gray v. Johnson, 2023-CA-00339-COA (Civil – Wills, Trusts & Estates)
Affirming the chancellor’s decision in an interpleader initiated by a bank over the proper “pay-on-death” beneficiary of a CD, holding that the designation was latently ambiguous but that extrinsic evidence supported the chancellor’s decision whcih was not an abuse of discretion and was not wrong or clearly erroneous.
(6-4-0: Wilson, McCarty, and Emfinger concurred in part and in the result without separate written opinion; Greenlee concurred in result only without separate written opinion)

Jackson County, Mississippi, v. Marcellus, 2023-CA-00111-COA (Civil – State Boards & Agencies)
Reversing the circuit court’s decision that had reversed the decision of the Board of Supervisors denying a request to reclassify property from residential to commercial, holding that the Board’s decision was not arbitrary and capricious that the owner had not proved a change in character and a public need by clear and convincing evidence.
(9-0: Lawrence did not participate)

Bain v. State, 2023-CP-00206-COA (Civil – PCR)
Reversing dismissal of PCR motion for lack of jurisdiction, holding that the petitioner did not need to obtain permission from the Supreme Court to file his petition.
(9-1-0: Emfinger concurred in part and in the result without separate written opinion)

Green v. State, 2023-CP-00448-COA (Civil – PCR)
Affirming the dismissal of a PCR motion, holding that the circuit court did not err in finding that the motion was barred as successive and that none of the exceptions applied, and that they lacked merit.
(8-2-0: McCarty and Emfinger concurred in part and in the result without separate written opinion.)

Weaver v. Ross, 2022-CA-00426-COA (Civil – Torts)
Affirming a judgment in favor of a car restorer against a man who initiated litigation by suing for alleged negligent restoration after a jury trial, holding that the trial court did not err in excluding medical records related to the owner’s blood pressure for lack of authentication and an invoice on allegedly comparative restoration, that the verdict on IIED was supported by sufficient evidence and not against the overwhelming weight of it, and that the trial court did not abuse its discretion in awarding attorney’s fees.
(6-4-0: McCarty specially concurred, joined by Greenlee, Westbrooks, McDonald, Lawrence, and Smith; Wilson concurred in part and in the result, joined by Lawrence, McCarty, and Emfinger and joined in part by Greenlee, Westbrooks, McDonald, and Smith.)

NOTE – McCarty’s special concurrence has precedential effect. You should read it for its discussion and clarification of the fact that claims for IIED cannot stem from the distress caused solely by litigation.

Wilson’s concurrence was one full vote short of precedential effect, but was joined in part by four additional judges. Wilson joined Parts I and II of the majority opinion, but parted ways over the analysis of the attorney’s fees issue. Wilson agreed the judgment should be affirmed because the challenge to the award of attorney’s fees was procedurally barred, but would have reversed if it was not barred.

PRACTICE POINT – Wilson’s concurrence contains a good reminder of the importance of reviewing the record on appeal for completeness. Don’t assume the circuit clerk included everything you designated.

Other Orders

DeJohnette v. State, 2022-KA-00249-COA (denying rehearing)

Gilmer v. State, 2022-KM-00257-COA (denying rehearing)

Hutson v. Hutson, 2022-CA-00569-COA (denying rehearing)

Daly v. Raines, 2022-CA-00600-COA (denying rehearing)

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Mississippi Supreme Court Decisions of March 7, 2024

The Mississippi Supreme Court handed down four opinions last Thursday. There is an appeal of the dismissal of an MTCA claim on summary judgment, an appeal of a Medicaid reimbursement-rate decision, and an appeal by a victorious pro se party. The headliner, however, is the appeal of Willie Godbolt’s convictions for the infamous 2017 shooting of eight people in Lincoln County.

Federinko v. Forrest County, Mississippi, 2023-CA-00204-SCT (Civil – MTCA)
Affirming the trial court’s grant of summary judgment for the defendant, holding that the plaintiff failed to allege a tortious or negligent act with respect to the MTCA defendants’ decision not to conduct an autopsy or obtain postmortem blood and fluids.
(9-0)

Mississippi Division of Medicaid v. Women’s Pavilion of South Mississippi, PLLC, 2023-SA-00098-SCT (Civil – State Boards & Agencies)
Affirming the chancery court’s decision vacating Medicaid’s reimbursement-rate decision, holding that the administrative officer did not have to defer to Medicaid’s initial decision but was to make findings of fact and a determination of the issues presented.
(8-0: Beam did not participate)

Stratton v. McKey, 2023-CP-00451-SCT (Civil – Other)
Affirming the circuit court’s denial of the pro se plaintiff’s Rule 60 motion to vacate a judgment in his favor that awarded him possession of his classic truck and monetary damages.
(9-0)

Godbolt v. State, 2020-DP-00440-SCT (Criminal – Death Penalty – Direct Appeal)
Affirming conviction of four counts of capital murder, four counts of first-degree murder, two counts of kidnapping, one count of attempted murder, and one count of armed robbery garnering four death sentences, six life sentences, and two twenty-year terms, holding that the trial court did not err in (1) denying a motion to server; (2) transferring venue to a neighboring county (with a jury drawn from a distant county); (3) “limiting” voir dire where the process lasted four days and produced nearly 800-pages of transcript; (4) denying a motion to suppress statements made to media and law enforcement; (5) denying a motion to suppress evidence obtained from the defendant’s home, vehicle, cell phone, other electronic devices; (6) allowing the defendant’s wife to testify under Rule 601(b)(2); (7) admitting evidence of prior bad acts; (8) admitting 911 calls; (9) not ordering a psychiatric evaluation that the defendant opposed; (10) admitting Facebook messages over an authentication objection; (11) only allowing the defendant (who exercised his right not to testify) limited time for allocution during closing arguments; (12) denying motion to exclude victim impact evidence; and the Supreme Court also (13) deferred the ineffective assistance claim to the PCR phase; (14) held that there was no Brady violation regarding the destruction of the defendant’s phone after all data and information from the phone were given to the defendant; (15) that the defendant’s right to an impartial jury was not violated; (16) held that there was no evidence of prosecutorial misconduct; (17) that the “heinous, atrocious or cruel” aggravator was not unconstitutional; (18) that the death penalty was not unconstitutional; (19) that the death penalty was not disproportional; (20) and that there was no error, so the cumulative error argument was without merit.
(7-2: King dissented, joined by Kitchens)

NOTE– You should never treat my summaries as a substitute for reading cases that you intend to rely on. This is especially true in a case like this one. This is probably the longest summary I have posted, but I have only scratched the surface.

Other Orders

Love v. State, 2021-CT-01101-SCT (granting pro se cert petition)

Norwood v. Smith, 2021-IA-01404-SCT (dismissing interlocutory appeal)

Rehabilitation Centers, Inc. v. Williams, 2023-CT-00453-SCT (denying in part and dismissing in part petition for cert and reverse and stay of mandate or in the alternative petition for interlocutory appeal)

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Mississippi Court of Appeals Decisions of March 5, 2024

I’m back. Again. I would like to think I will go back and summarize the last few weeks that I have missed but that is probably water under the bridge at this point. Pressing forward, the Mississippi Court of Appeals handed down seven opinions today. These decisions cover custody, felonies, personal injury, unemployment, and zoning. Notably, two criminal convictions were reversed.

Patrick v. Patrick, 2021-CA-00891-COA (Civil – Custody)
Affirming the chancery court’s denial of the mother’s petition for contempt and modification and granting the father’s motion for modification, holding that the issue of custody was clearly before the chancellor who properly determined that there was a material change in circumstances that adversely affected the children, conducted a proper Albright analysis, and was within his discretion to order a change in legal and physical custody.
(8-1-1: McCarty concurred in part and in the result and McDonald concurred in part and dissented in part. Neither wrote.)

Allen v. State, 2022-KA-00419-COA (Criminal – Felony)
Reversing convictions six counts of statutory rape, holding that the jury was not properly instructed as to the State’s burden of proof and remanding for a new trial.
(9-1-0: McDonald concurred in result only without writing.)

Practice Point: The erroneous instruction was submitted by the defense, but the Court noted that the “invited-error doctrine” did not apply where the jury was not properly instructed on the elements of the crime. Here is the Court’s summary of the issues with the jury instructions:

Fletcher v. State, 2022-KA-00868-COA (Criminal – Felony)
Affirming conviction of capital murder and sentence as habitual offender, holding that the trial court did not err when it failed to suppress the defendant’s statement to law enforcement officials.
(10-0)

The Avion Group, Inc. v. The City of Oxford, 2023-CA-00169-COA (Civil – Other)
Affirming the circuit court’s decision denying an ordinance variance to repair a wall/fence that enclosed the petitioner’s property, holding that the petitioner did not waive its challenge to the city’s code interpretation but that the circuit court’s interpretation of the code provisions at issue were not erroneous.
(10-0)

Carter v. C&S Canopy, Inc., 2022-CA-00730-COA (Civil – Personal Injury)
Affirming summary judgment in favor of a driver and his employer in an auto-negligence case, holding that there was no evidence to support the plaintiff’s claim that the driver negligently continued to drive a “sluggish” truck on the interstate, that the defendants were negligent in their efforts to get the truck towed, that the location of reflective triangles was the proximate cause of the crash, that the defendant could have safely moved the disabled truck anywhere other than where he did, that the driver should have registered as a for-hire carrier, or that the employer negligently failed to train the driver.

Appellate Math Warning: None of us signed up for this.

Marshall v. State, 2022-KA-00541-COA (Criminal – Felony)
Reversing conviction of first-degree murder, holding that the circuit court erred in denying the defense’s peremptory strikes of three jurors, holding that the defense provided valid, race-neutral reasons for the strikes.
(10-0)

Cain v. M.D.E.S., 2023-CC-00188-COA (Civil – State Boards & Agencies)
Affirming denial of claim for unemployment benefits, holding that the circuit court properly dismissed the claimant’s appeal of denial as untimely.
(10-0)

Other Orders

Walker v. State, 2022-KA-00482-COA (denying rehearing)

Gregory Meridian Acquisition, LLC v. McFarland, 2022-CA-00580-COA (denying rehearing)

Fox v. Fox, 2022-CA-00918-COA (denying rehearing)

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