Sufficency and Weight of Evidence – Mississippi Appeals Blog

Mississippi Supreme Court Decisions of August 27, 2026

The Mississippi Supreme Court handed down two opinions yesterday. One was a direct criminal appeal challenging the sufficiency of the evidence. The other was a more novel case determining the applicability of COVID-related immunity under Miss. Code Ann. § 11-71-7 in a med mal case.

White v. State, 2025-KA-00596-SCT (Criminal – Felony)
Affirming two convictions of first-degree murder, holding that the jury verdicts were supported by sufficient evidence.
(8-0: Branning for the Court)

Bush v. Marion General Hospital, 2025-CA-00246-SCT (Civil – Wrongful Death)
Reversing the circuit court’s summary judgment in favor of the defendants in a med mal case, holding that the plaintiff’s alleged medical negligence claims were not attributable to the COVID-19 state of emergency rendering the immunity provision of section 11-71-7 inapplicable.
(5-2: Griffis for the Court; Coleman dissented, joined by Branning; Randolph did not participate)

Other Orders

In Re: Rules of Discipline of the Mississippi Bar, 89-R-99010-SCT (appointing or reappointing the following six persons to three-year terms as members of the complaint tribunals effective September 1, 2026: Seth T. Curren, Hon. Carol White-Richard, Hon. Jennifer F. Nicaud, Hon. T. Michael Reed, Robert R. Morris, and Leo J. Carmody)
Latham v. State, 2024-CT-00719-SCT (denying cert)
Lovern v. State, 2024-CT-01449-SCT (denying cert)
Burdine v. State, 2025-CT-00154-SCT (denying cert)
Hudson v. Mississippi Department of Corrections, 2025-CA-00645-SCT (denying rehearing)

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Mississippi Court of Appeals Decisions of August 25, 2026

The Mississippi Court of Appeals handed down four opinions today. There are two direct criminal appeals, a legal malpractice case stemming from an underlying MTCA case, and a custody case.

Hunt v. State, 2025-KA-00303-COA (Criminal – Felony)
Affirming conviction of first-degree murder and armed robbery, holding at the circuit court did not commit reversible error in its Batson rulings, did not abuse its discretion in refusing a proposed jury instruction on accomplice testimony. The convictions were supported by sufficient evidence, and that the verdict was not against the overwhelming weight of the evidence.
(8-2-0: Weddle for the court; Westbrooks and McDonald concurred in part and in the result without writing)

Smith v. Breese, 2024-CA-01441-COA (Civil – Legal Malpractice)
Affirming summary judgment for the defendant in a legal malpractice lawsuit, holding that the trial court did not err in finding that the claims in the underlying lawsuit were time-barred before the defendant attorney was retained in that matter, that the trial court did not err by failing to consider other claims because the plaintiff did not come forward with any summary judgment evidence on any viable claim against the attorney, and that the issue of whether the court erred by requiring the production of alleged privileged documents was moot because the grant of summary judgment did not rely on those documents.
(9-1-0: Emfinger for the court; McCarty concurred in part and in the result without writing)

Clark v. Belk, 2025-CA-00049-COA (Civil – Custody)
Affirming the chancery court’s decision in a custody matter, holding that the chancery court did not err in its Albright analysis or abuse its discretion in granting physical custody of the eldest daughter to the father and of the youngest daughter to the mother.
(10-0: McCarty for the Court)

Bracey v. Montgomery County, 2025-CA-00369-COA (Civil – Torts)
Affirming in part and reversing in part the circuit court’s grant of a motion for judgment on the pleadings in an MTCA case, holding that the malicious prosecution claim was properly dismissed but that the plaintiff’s claims for false arrest/imprisonment were not barred by the statute of limitations and that sufficient facts supporting them had been alleged.
(10-0: Wilson for the Court)

Other Orders

Odom v. State, 2023-KA-01165-COA (denying motion for reconsideration)
Lavant v. State, 2024-KA-00953-CAA (denying rehearing)
Patriot Inspects, LLC v. McKenzie, 2024-CA-010000-CAA (denying rehearing)
Pierre v. State, 2024-KA-01372-CAA (denying rehearing)
Rem v. Robinson Property Group, LLC, 2025-CA-00043-COA (denying rehearing)
Small v. Mississippi Department of Corrections, 2025-CP-00654-COA (denying rehearing)
Winston v. State, 2025-CP-01405-COA (dismissing appeal as moot)
Gray v. State, 2025-TS-01449-COA (dismissing untimely motion for reconsideration)
Vlasak v. State, 2026-TS-00362-COA (dismissing appeal)
Pickens v. State, 2026-TS-00833-COA (allowing appeal to proceed)

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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 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 Court of Appeals Decisions of July 28, 2026

The Mississippi Court of Appeals handed down twelve opinions yesterday. One of my cases was in the mix which always derails my focus for the day. That is my excuse for the delay. Among the opinions are several direct criminal appeals, a workers’ comp case, a premises liability case, and two dismissals for lack of appellate jurisdiction. My case survived a jurisdictional challenge and then turned on whether the chancery court erred in deciding that a probated claim stemming from a divorce judgment was satisfied.

Greater New Hamilton Grove Baptist Church v. Hamilton Grove Missionary Baptist Church, 2025-CA-01008-COA (Civil – Real Property)
Dismissing the appeal of an order dissolving a preliminary injunction in an interment dispute, holding that the issue was moot and the court was without jurisdiction.
(10-0: Lassitter St. Pe’ for the Court)

Ajinomoto Foods North America v. Christy Moore, 2025-WC-01107-COA (Civil – Workers’ Comp)
Affirming the MWCC’s decision, finding that the claimant suffered a total occupational loss of use in both hands and work-related osteoarthritis and awarding permanent total disability benefits, holding that the commission did not err in applying the Jensen presumption and that its decision that the osteoarthritis was compensable was based on substantial credible evidence.
(10-0: Lassitter St. Pe’ for the Court)

Wilson v. State, 2024-KA-00725-COA (Criminal – Felony)
Affirming conviction of felonious child abuse, holding that the issue of whether cross-examination was limited in violation of the defendant’s due process rights was procedurally barred, that the trial court did not abuse its discretion in precluding certain testimony, that the trial court did not abuse its discretion denying a motion for mistrial after the State defied instructions not to introduce youth court rulings, that argument regarding the trial court not precluding evidence about false confessions was procedurally barred and without merit, that the trial court does not abuse its discretion in instructing the jury, that the evidence was sufficient to support the conviction, and that the cumulative error doctrine did not apply.
(8-2-0: Emfinger for the Court; McDonald concurred in part and in the result without writing; Westbrooks concurred in result only without writing)

Walley v. State, 2024-KA-01443-COA (Criminal – Felony)
Affirming conviction of uttering forgery and identity theft, holding that the trial court did not abuse its discretion in prohibiting the introduction of some evidence and limiting cross-examination about a prior indictment.
(9-1-0: Lawrence for the Court; McDonald concurred in part and in the result without writing)

C.D.M. v. Lee County Dept. of Child Protection Services, 2024-CP-01427-COA (Civil – Other)
Affirming the youth court’s decision terminating parental rights, holding that the youth court’s decision was based on sufficient evidence. (9-1-0: Wilson for the Court; Westbrooks concurred in result only without writing)

Gallion v. State, 2025-KA-00061-COA (Criminal – Felony)
Affirming conviction of manslaughter, holding that the trial court properly sustained an objection to prosecutorial misconduct and that further arguments on that issue were waived for failure to request a contemporary jury instruction or to move for mistrial, that a hearsay objection should have been sustained but was harmless error, those arguments regarding police officer opinion testimony was waived, that the trial court did not abuse its discretion in admitting photographs of the victim, and that the evidence was sufficient to support the verdict and that it was not against the overwhelming weight of the evidence.
(10-0: Wilson for the Court)

Brown v. State, 2024-KA-01376-COA (Criminal – Felony)
Affirming convictions of murder and being a felon in possession of a firearm, holding that the trial court did not err in denying a Batson challenge or in denying a motion to sever the two counts.
(8-1-1: Carlton for the Court; McCarty concurred and result only without writing; McDonald concurred in part and dissented in part without writing)

Strawn v. Southern Roots Salon & Day Spa, LLC, 2025-CA-00429-COA (Civil – Personal Injury)
Affirming the trial court’s decision granting summary judgment in favor of the defendant in the premises liability case, holding that the trial court did not err in finding that the plaintiff failed to present evidence that the defendant created a dangerous condition or had actual or constructive knowledge of it.
(8-2-0: Carlton for the court; Wilson and McDonald concurred in part and in result without writing)

Garfield v. Tate, 2025-CA-00104-COA (Civil – Wrongful Death)
Dismissing the appeal of the entry of a chancery court’s final judgment disinheriting a party in a wrongful death case, holding that it was not an order, much less a final appealable order that would confer jurisdiction on the Court of Appeals.
(10-0: Barnes for the court)

Wilson v. State, 2024-CA-00686-COA (Civil-PCR)
Vacating and remanding the denial of a PCR motion, holding that the indictment was void for failure to charge the defendant with crimes cognizable under Mississippi law.
(4-3-3: Barnes for the court; Wilson specially concurred, joined by Emfinger and Weddle, and joined in part by Lawrence and Lassitter St. Pe’; McCarty concurred in part and dissented in part, joined by Carlton and Lassitter St. Pe’ and joined in part by Lawrence)

Jones Family Medicine Clinic, PLLC, v. McCallum, 2024-CA-01332-COA (Civil – Contract)
Reversing the circuit court’s decision affirming the county court’s grant of summary judgment in a breach of contract case, holding that it was error to dismiss the complaint based on the waived affirmative defense of unconscionability.
(6-1-3: Weddle for the court; Westbrooks concurred in part in the result without writing; McDonald dissented without writing; Lawrence dissented, joined by Barnes and McDonald and joined in part by Westbrooks)

In the Matter of the Estate of Pace: Pace v. Philips, 2025-CA-00223-COA (Civil – Wills, Trusts & Estates)
Reversing the chancery court’s finding that a probated claim arising from the decedent’s violation of property settlement agreement incorporated into a judgment of divorce had been satisfied, holding that the final disposition of a probated claim was a final appealable order notwithstanding ongoing litigation in the estate matter and that the chancellor failed to grant a proper remedy for the violation of the PSA/judgment of divorce.
(8-2: McCarty for the court; Barnes dissented, joined by Carlton)

Disclosure: I represented the appellant in this case.

Other Orders

Leggett v. State, 2024-CP-01214-COA (denying rehearing)
Howard v. State, 2025-KA-00171-COA (recalling mandate and allowing the appellant’s pro se motion for rehearing to proceed as timely filed)
Morris v. State, 2026- TS-00276-COA (denying appellant’s pro se motion to reconsider dismissal of his untimely appeal)

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Mississippi Supreme Court Decisions of July 2 and July 23, 2026

The Mississippi Supreme Court returned from the summer hand-down slowdown with four opinions today. Each one is a direct criminal appeal.

I was out of town on July 2nd and there were no substantive opinions so I did not post then. But there were five orders entered and, remarkably, a per curiam affirmance that I had to note.

July 2, 2026

McGuire v. Martin, 2025-CA-00736-SCT (per curiam affirmance)

Other Orders

Fraser v. State, 2023-CT-0129-SCT (denying cert)
Carroll v. State, 2024-CT-00481-SCT (denying cert)
Price v. Hines County School District, 2024-CT-00841-SCT (denying cert)
Polk v. State, 2025-CT-00260-SCT (denying cert)
Bradford v. State, 2025-M-000649 (denying application for leave to file PCR petition)

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July 23, 2026

Sanders v. State, 2024-KA-01270-SCT (Criminal – Felony)
Affirming convictions of sexual battery and molestation, holding that the defendant did not properly object and preserve arguments regarding an alleged discovery violation and that the verdict was not against the overwhelming weight of the evidence, and holding that the arguments made in the defendant’s pro se brief were waived or without merit.
(7-0: Sullivan for the Court)

Sims v. State, 2024-KA-00642-SCT (Criminal – Felony)
Affirming convictions of sexual battery, felonious child abuse, and exposure to HIV, holding that the admission into evidence of an affidavit from MDH’s record custodian and MDH surveillance records regarding HIV status, without allowing him to cross-examine the custodian, was not a Confrontation Clause violation and that there was sufficient evidence to support the conviction.
(7-0: Ishee for the Court)

Eacholes v. State, 2025-KA-00081-SCT (Criminal – Felony)
Affirming conviction of one count of possession of meth, holding that the Circuit Court did not err in denying a motion to suppress because there was a substantial basis for the probable cause determination at the time warrants were issued.
(6-1-0: Griffis for the Court; King concurred in result only without writing)

Rencher v. State, 2025-KA-00656-SCT (Criminal – Felony)
Affirming conviction of child exploitation and life imprisonment, holding that argument regarding the authentication of evidence was waived for failure to object and without merit because the records at issue were self-authenticating, and that there was no grounds for relief in the pro se brief.
(7-0: Griffis for the Court)

Other Orders

In Re: State Intervention Courts Advisory Committee, 89-R-99039-SCT (appointing Heath Ferguson as a member of the State Intervention Courts Advisory Committee and designating Katharine M. Surkin as the committee’s chair)
Nelson v. State, 2023-CT-00647-SCT (dismissing cert)
Clark v. State, 2023-CT-01116-SCT (granting cert)
Thornton v. Thornton, 2024-CT-00320-SCT (denying cert)
The Estate of Dorsey V. Matory, 2024-CT-00925-SCT (denying cert)
Daenbunga v. State, 2024-CT_01122-SCT (denying cert)
Hewitt v. TJM Properties, Inc., 2024-CA-01312-SCT (denying motion to recall mandate)
Godbolt v. State, 2025-DR-00524-SCT (denying motion to stay initial post-conviction proceedings)
Ambrose v. State, 2025-DR-00745-SCT (denying motion for leave to invoke discovery in circuit court and further support of evidence related to the reliability of petitioner’s conviction and the fairness of his trial)
In Re: Administrative Orders of the Supreme Court of Mississippi, 2026-AD-00001-SCT (directing the disbursement of $201,969.58 in civil legal assistance funds among the MS Center for Legal Services, MS Volunteer Lawyers Project, and North MS Rural Legal Services)
In Re: Mississippi Department of Child Protection Services, 2026-M-00743 (On the Emergency Motion to Stay County Court Orders and since the Legislature’s Youth Court statutes of confidentiality and disclosure have been repealed effective July 1, 2026, the Orders for Limited Disclosure of Youth Court Records entered by the Youth Courts of Lamar County, Jackson County, Lafayette County, and any other courts of the State of Mississippi having jurisdiction over youth courts are not to be enforced until further order of this Court; the penalty in Mississippi Code Section 43-21-267(1) temporarily is suspended; and until further order of this Court Rule 5 of the Uniform Rules of Youth Court Confidentiality of Records and Proceedings and its Comments and Procedures are immediately and temporarily amended as stated in this order. This order is executed and effective on July 2, 2026, nunc pro tunc, July 1, 2026, and shall expire on July 24, 2026)
In Re: Mississippi Department of Child Protection Services, 2026-M-00743 (terminating from and after the date of entry of this order this Court’s Temporary Order entered on July 2, 2026, nunc pro tunc July 1, 2026, amending Rule 5 of the Uniform Rules of Youth Court Practice)

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Mississippi Supreme Court Decisions of June 25, 2026

The Mississippi Supreme Court handed down two opinions today. Both are murder cases. Both are unanimous decisions. One affirms, one reverses.

The is also a new order amending M.R.C.P. 4 and 81 that is substituted for the order amending those rules that was entered earlier this month.

Gibson v. State, 2024-KA-00726-SCT (Criminal – Felony)
Reversing convictions of capital murder and armed robbery, holding that the trial court failed to conduct a proper speedy-trial hearing by taking judicial notice of a backlog in the medical examiner’s office without requiring the State to prove causation, that inadmissible hearsay was admitted, that the State misrepresented evidence during closing, and that the State used improper impeachment evidence as substantive evidence.
(7-0: King for the Court)

Wilson v. State, 2025-KA-00288-SCT (Criminal – Felony)
Affirming conviction of first degree murder, holding that the trial court did not abuse its discretion instructing the jury and that the verdict was supported by sufficient evidence.
(7-0: Coleman for the Court)

Other Orders

In Re: The Rules of Civil Procedure, 89-R-99001-SCT (withdrawing a previous order amended Rules 4 and 81 and substituting a new one)

Higdon v. Pinkston, 2023-CT-00685-SCT (denying cert)

Bumgardner v. State, 2024-CT-00090-SCT (denying cert)

Chavers v. State, 2024-CT-00551-SCT (denying cert)

Baird v. Baird, 2024-CT-00629-SCT (dismissing pro se Petition for Writ of Certiorari, Motion for Leave to File Substituted Petition for Certiorari, Motion to Proceed Pro Se and for Recognition as Counsel of Record, and Motion to Anonymize Record and Protect Identities of Minor Children are dismissed as untimely

Cummins v. State, 2024-CT-00909-SCT (granting cert)

ABL Management, Inc. v. Rowell, 2024-CT-01007-SCT (denying cert)

Simoneaux v. State, 2024-CT-01127-SCT (denying cert)

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Mississippi Court of Appeals Decisions of June 23, 2026

The Mississippi Court of Appeals handed down three opinions today. Two are criminal appeals and one is an appeal of summary judgment in a wrongful foreclosure claim.

Sanders v. State, 2024-KA-01401-COA (Criminal – Felony)
Affirming conviction of twelve counts of sexual battery, holding that the indictments provided sufficient notice, that there was no merit to the double jeopardy claim, and that the evidence was not against the overwhelming weight of the evidence.
(8-2-0: Weddle for the Court; Wilson and Emfinger concurred in part and in the result without writing)

Gwin v. State, 2025-KA-00437-COA (Criminal – Felony)
Affirming conviction of two counts of simple assault of a law enforcement officer, holding that the trial court did not abuse its discretion admitting testimony over a hearsay objection, that the trial court did not improperly limit the defense’s cross-examination of an officer, and that the verdict was not contrary to the overwhelming weight of the evidence.
(6-4-0: Barnes for the Court: Wilson, McCarty, and Emfinger concurred in part and in the result without writing; Westbrooks concurred in result only without writing)

Harris v. Aurora Loan Services, 2024-CA-01118-COA (Civil – Contract)
Affirming the chancery court’s order granting summary judgment in favor of the defendants in an action challenging a foreclosure, holding that the plaintiff waived any claim to have the foreclosure sale and substitute trustee’s deed set aside when he dropped claims against the purchaser and dismissed them from the case, that he waived alleged failure to comply with the deed of trust’s notice requirements when he failed to object to the foreclosure sale and failed to allege defect in notice for over two years, that he failed to present probative evidence that the debt was canceled, and that his claims were barred by the statute of limitations.
(5-5: Wilson for the Court; Barnes, Westbrooks and Lassitter St. Pe’ concur in part and dissent in part without writing; McDonald concurred in part and dissented in part, joined by Westbrooks and Lassitter St. Pe’, and joined in party by Barnes)

Other Orders

Brown v. State, 2024-KA-00741-COA (granting motion to recall mandate and extend time to file for rehearing)
Stewart v. State, 2024-CP-01094-COA (denying rehearing)
McClelland v. State, 2024-KA-01422-COA (denying rehearing)
Talley v. State, 2025-TS-01252-COA (extending deadline appeal)

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Triple Issue: Mississippi Court of Appeals Decisions of May 19, May 26, and June 2, 2026

I got covered up with paying work and had to let things slide around here for a bit. Here is three weeks of output from the prolific Mississippi Court of Appeals.

May 19, 2026

Small v. Mississippi Dept. of Corrections, 2025-CP-00654-COA (Civil – Other)
Affirming circuit court’s order denying complaint for judicial review, holding that the petitioner did not prove that MDOC’s decision was not supported by credible evidence, arbitrary or capricious, beyond MDOC’s scope of powers, or violative of constitutional rights.
(8-2-0: Emfinger for the Court; Westbrooks and McDonald concurred in result only without writing)

In Re: Order of Direct Criminal Contempt for Assistant District Attorney Andrew Willcutt, 2024-CA-01142-COA (Civil – Other)
Reversing order holding an ADA in direct criminal contempt, holding that the ADA was entitled to notice of the charges against him and a de novo hearing before another judge.
(10-0: Weddle for the Court)

Rush v. State, 2024-KA-01353-COA (Criminal – Felony)
Affirming convictions of three counts of receiving stolen property, holding that the evidence was sufficient to support the conviction and that the verdicts were not against the overwhelming weight of the evidence.
(10-0: Weddle for the Court)

Butler v. State, 2024-KA-00747-COA (Criminal – Felony)
Affirming conviction of manslaughter, holding that there was no error in admitting video to rebut the defendant’s testimony, that the use of impeachment evidence in closing was not improper, that admitting a heat of passion manslaughter instruction was not error, that the manslaughter instruction was not unconstitutional, that the claim for ineffective assistance of counsel was not ripe, and that the verdict was not against the overwhelming weight of the evidence.
(10-0: McCarty for the Court)

Brown v. State, 2025-CA-00428-COA (Civil – PCR)
Affirming the trial court’s dismissal of a PCR motion, holding that the trial court did not err in finding it time-barred.
(10-0: McCarty for the Court)

Gates v. State, 2024-CP-00074-COA (Civil – PCR)
Affirming dismissal of PCR motion, holding that the trial court did not err in finding it time-barred.
(7-3-0: Lawrence for the Court; Wilson, Westbrooks, and McDonald concurred in part and in the result without writing)

Foreman v. State, 2024-KA-00728-COA (Criminal – Felony)
Affirming conviction of manslaughter, holding that the evidence was sufficient to support the conviction and that the verdict was not against the overwhelming weight of the evidence.
(7-2-1: Lawrence for the Court; Westbrooks and McDonald concurred in result only without writing; Carlton dissented without writing)

Waste Management of Mississippi, Inc. v. Chickasaw County, Mississippi, 2025-CA-00378-COA (Civil – Contract)
Reversing the circuit court’s decisions denying summary judgment for Waste Management and granting summary judgment in favor of the County that sought to exercise an option to extend a solid waste agreement, holding that Mississippi law does not permit such agreements for more than 30 years so the plain language allowing for an extension to the extent it was consistent with Mississippi prevented the extension.
(10-0: Wilson for the Court)

Rehm v. Robinson Property Group, LLC, 2025-CA-00043-COA (Civil – Personal Injury)
Affirming the dismissal of a personal injury on judicial estoppel grounds, holding that the circuit court did not abuse its discretion dismissing the claim where the plaintiff failed to disclose the lawsuit during bankruptcy proceedings.
(7-3: Carlton for the Court; McDonald dissented without writing; Westbrooks dissented, joined by McDonald and McCarty)

Other Orders

Jenkins v. Jenkins, 2024-CA-00395-COA (denying rehearing)
Brown v. State, 2024-KA-00489-COA (denying rehearing)
Eloby v. State, 2024-KA-00529-COA (denying rehearing)
Jones v. State, 2024-KA-00760-COA (denying rehearing)

May 26, 2026

Coahoma County, Mississippi School District v. Williams, 2024-CA-00977-COA (Civil – Other)
Reversing the chancery court’s decision and rendering a decision in favor of the school board’s termination decision, holding that the school board’s decision to terminate a counselor who had an incident with another school counselor and said she needed a “license to carry” was supported by substantial evidence, that the chancery court exceeded the scope of review, and that the counselor’s due process rights were not violated.
(9-1-0: McCarty for the Court; Westbrooks concurred in result only without written opinion)

Murphy v. State, 2024-KA-00664-COA (Criminal – Felony)
Affirming conviction of two counts of attempted touching of a child for lustful purposes, holding that arguments related to jury instructions were procedurally barred for failure to raise then in a JNOV or new trial and, in any event, that the circuit court did not abuse its discretion instructing the jury.
(9-1-0: McDonald for the Court; Wilson concurred in part and in the result without separate written opinion)

Banks v. Banks, 2025-CA-00119-COA, consolidated with 2023-CA-00515-COA (Civil – Domestic Relations)
Reversing on direct appeal and cross appeal in a divorce case, holding that the chancellor erred in the equitable distribution of the marital estate, in awarding alimony, and in awarding attorney’s fees.
(8-2-0: McDonald for the Court; Wilson and Lassitter St. Pe’ concurred in part and in the result without writing)

Qualls v. Qualls, 2023-KA-01112-COA (Criminal – Felony)
Affirming conviction of being a felon in possession of a weapon following a fatal shooting at a bar but vacating and remanding the sentencing as violent habitual offender as the State conceded that the evidence at trial was not sufficient to establish habitual-offender status.
(8-0: Westbrooks for the Court; Emfinger concurred in part and in the result without writing)

Watson v. State, 2024-KA-01149-COA (Criminal – Felony)
Affirming conviction of two counts of felony child abuse, holding that arguments that the trial court erred by admitting testimony of prior bad acts were procedurally barred for lack of objection after the State filed a notice of intent to introduce the evidence before trial and that the evidence was sufficient to support the convictions, and declining to address the ineffective-assistance-of-counsel claims.
(9-0: Wilson for the Court)

Patriot Inspects, LLC v. McKenzie, 2024-CA-01000-COA (Civil – Contract)
Affirming the trial court’s decision denying a motion to compel arbitration, holding that the arbitration provision’s limitation of liability and one-year limitations period were substantively unconscionable and so intertwined with the agreement that the agreement was rendered unconscionable.
(6-4: Weddle for the Court; Wilson dissented, joined by Barnes, Carlton, and Emfinger)

NOTE – I am putting this one on cert watch. Citing the Federal Arbitration Act, the dissent took issue with the majority’s holding that the arbitration agreement was rendered unconscionable by the limitation of liability and limitations period.

Other Orders

Moore v. State, 2024-KA-2024-01129-COA (denying rehearing)
Leggett v. State, 2024-CP-01214-COA (recalling mandate and accepting pro se motion for rehearing as timely)
Winn v. State, 2024-KA-01280-COA (denying rehearing)
Johnson v. State, 2024-KA-01348-COA (granting appellant’s pro se motion for extension of time to file motion for rehearing)
Johnson v. State, 2025-TS-01344-COA (dismissing motion for post-conviction collateral relief for lack of jurisdiction)
Gray v. State, 2025-TS-1449-COA (dismissing appeal as untimely)
Morris v. State, 2026-TS-00276-COA (dismissing untimely appeal)
Hill v. State, 2026-TS-00347-Dismissing appeal as untimely)
Daniels v. State, 2026-TS-00377-COA (allowing pro se appeal to proceed as timely)

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June 2, 2026

Mhoon v. State, 2024-CA-00674-COA (Civil – PCR)
Affirming denial of PCR motion after an evidentiary hearing, holding that the circuit court did not abuse its discretion after full consideration of the Miller factors.
(9-1-0: Emfinger for the Court: Westbrooks concurred in result only without writing)

Lee v. MDHS, 2025-SA-00318-COA (Civil – Custody)
Affirming denial of motion to reconsider denial of petition to set aside paternity judgment and child support order, holding that the trial court did not err in denying the petition for failure to meet statutory requirements or abuse its discretion in denying the motion for reconsideration.
(10-0: Emfinger for the Court)

Days v. State, 2024-KA-00920-COA (Criminal – Felony)
Affirming convictions of possession of meth with firearm enhancement and possession of a firearm as a felon, dismissing the ineffective-assistance-of-counsel claim without prejudice, and holding that arguments about the denial of an ore tenus motion to suppress were waived for failure to file a pretrial motion to suppress and that the plain-error doctrine did not apply.
(10-0: McDonald for the Court)

Sullivan v. Sullivan, 2025-CP-00256-COA (Civil – Domestic Relations)
Affirming in part and reversing in part the chancellor’s property division in a judgment of divorce, holding that the chancellor did not err in classification of the rental properties as marital assets but reversing with regard to other assets.
(10-0: McDonald for the Court)

Harris v. State, 2025-KA-00084-COA (Criminal – Fel0ny)
Affirming convictions of first-degree murder an done count of aggravated assault, holding that the trial court did not commit plain error in giving an instruction that referenced accident and misfortune as well as self-defense.
(10-0: Westbrooks for the Court)

Lenoir v. State, 2024-KA-01342-COA (Criminal – Felony)
Affirming convictions of trafficking a controlled substance and possession of a controlled substance, holding the trial court did not err in failing to suppress evidence obtained during what the defendant argued was an invalid search warrant, that the trial court did not err in instructing the jury on constructive possession, that the evidence was sufficient to support the constructive possession conviction and that the verdict was not against the overwhelming weight of the evidence, that the indictment was not defective, and that he was not subject to double jeopardy.
(8-1-0: Carlton for the Court; Emfinger concurred in part and in the result without writing; Weddle did not participate)

Davis v. State, 2024-KA-01385-COA (Criminal – Felony)
Affirming conviction of one court of sexual battery and one count of touching a child for lustful purposes, holding that the trial court did not abuse its discretion instructing the jury on uncorroborated testimony of sex-crime victim and that the verdict was not against the overwhelming weight of the evidence.
(10-0: Carlton for the Court)

Gaudin v. Gaudin, 2025-CA-00397-COA (Civil – Domestic Relations)
Affirming the chancery court’s rulings granting divorce and distributing contested assets, holding that the chancellor did not err in ordering the sale of the marital home or in classification of assets and Ferguson factors.
(10-0: Carlton for the Court)

Johnson v. State, 2024-KA-01097-COA (Criminal – Felony)
Affirming conviction of possession of more than two but less than ten grams of meth, holding that the trial court did not err in finding that the impoundment and inventory search of the defendant’s vehicle in which the drugs were found were proper.
(6-3-1: Barnes for the Court; Wilson, Westbrooks, and McCarty concurred in part and in the result without writing; Lassitter St. Pe’ concurred in part and dissented in part without writing)

Grant v. State, 2023-KA-01275-COA (Criminal – Felony)
Affirming conviction of possession of a firearm by a felon and possession of a stolen firearm, holding that the evidence was sufficient on both counts, that the trial court did not err in admitting evidence of gang affiliation for impeachment purposes or in admitting expert testimony regarding cellphone-location technology.
(6-1-3: Emfinger for the Court; McCarty concurred in part and in the result without writing; Westbrooks concurred in part and dissented in part, joined by Barnes and McDonald)

Other Orders

Smith v. Clarksdale Municipal School District, 2024-CA-00168-COA (denying rehearing)
UMMC v. Thomas, 2024-CA-01099-COA (denying rehearing)
Lovern v. State, 2024-KA-01449-COA (denying rehearing)

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Mississippi Court of Appeals Decisions of April 28, 2026

The Mississippi Court of Appeals handed down four opinions today. There is a real property/redemption case, a case that turns on an appellate jurisdiction issue, a contempt/recusal case, and a case reversing the denial of a motion for JNOV.

Vanaman v. American Pride Properties, LLC, 2024-CA-01434-COA (Civil – Real Property)
Affirming the chancery court’s award of redemption damages and denial of restitution on remand after a tax sale was invalidated, holding that the chancellor did not err in finding that the original owner failed to prove that he was entitled to damages for modifications or restitution for fair rental value or in finding that the original owner owed the tax-sale purchaser damages to redeem the property.
(10-0: St. Pe’ for the Court)

Ryland v. Regions Bank, 2025-CP-00178-COA (Civil – Real Property)
Affirming the circuit court’s dismissal of an appeal from justice court, holding that the circuit court did not err in finding that it lacked jurisdiction because the appeal was untimely.
(10-0: St. Pe’ for the Court)

In Re: Ross, 2024-CP-01233-COA (Civil – Other)
Affirming the chancery court’s order of contempt and denial of motion for recusal, holding that the record showed that the appellant was guilty beyond a reasonable doubt of direct criminal contempt and that the chancellor did not abuse her discretion in denying the motion to recuse.
(8-1-0: Weddle for the Court; McCarty specially concurred; Westbrooks did not participate)

Rogers v. Green, 2024-CA-01194-COA (Civil – Torts)
Reversing the circuit court’s denial of the defendant’s motion for JNOV, holding that the plaintiff failed to provide sufficient evidence of invasion of privacy.
(8-1-1: Carlton for the Court; McCarty concurred in result only without writing; McDonald dissented without writing)

Other Orders

Wright v. State, 2024-KA-00225-COA (denying rehearing)
White v. State, 2024-KA-00658-COA (denying rehearing)
Carroll v. State, 2024-CT-00875-COA (denying rehearing)
Hayes v. Magee Benevolent Foundation, 2024-CA-00910-COA (denying rehearing)
Barnes v. City of McComb, 2024-CA-000989-COA (denying unopposed motion for leave to file corrected motion for rehearing)
Wright v. Jenkins, 2024-CA-01424-COA (granting motion for appellate attorney’s fees)
Mize v. Nunmaker, 2025-CA-000089-COA (denying rehearing)

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