Tag: Sufficency and Weight of Evidence

Mississippi Court of Appeals Decisions of April 7, 2026

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

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

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

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

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

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

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

Other Orders

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

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Mississippi Supreme Court Decisions of March 26, 2026

The Mississippi Supreme Court handed down four opinions today. Two are med mal cases, one of which addresses the application of statutory immunity for medical treatment during the COVID state of emergency. The other med mal case was up on an arbitration issue. The other two cases are direct criminal appeals. There is a judicial performance matter among the “other orders.”

Secrist v. Rush Medical Foundation, 2024-CA-01034-SCT (Civil – Med Mal)
Affirming the dismissal of a medical malpractice case, holding that the trial court did not err in finding that the defendant medical providers were immune under section 11-71-7 (Supp. 2025) which provides legal immunity for healthcare providers for healthcare services performed during the COVID-19 state of emergency.
(4-2: Griffis for the Court; Coleman specially concurred, joined in part by Randolph, Ishee, Griffis, and Sullivan; King concurred in result only without writing; Branning did not participate)

Note – Coleman’s specially concurred to discuss the role of legislative history in judicial decision-making:

…

Mallette v. Revette, 2024-CA-01277-SCT (Civil – Wrongful Death)
Affirming the circuit court’s denial of a motion to compel arbitration, holding that the trial court’s finding of fact regarding the authenticity of the signature was entitled to deference, that the defendants did not carry their burden of proving actual authority, and that direct-benefits estoppel did not apply.
(7-0: Coleman for the Court)

Gardner v. State, 2023-CT-00903-SCT, consolidated with 2018-KA-01337-SCT (Criminal – Felony)
Affirming in part and reversing in part the Court of Appeals and reinstating and affirming the circuit court’s judgment, holding that the argument that the trial court erred by admitting prior felony convictions into evidence was procedurally barred by failure to object at trial and that there was no plain error.
(4-2-1: Randolph for the Court; Coleman concurred in part and in the result without writing; King dissented, joined by Sullivan and joined in part by Coleman)

House v. State, 2024-KA-01432-SCT (Criminal – Felony)
Affirming conviction of first-degree murder, holding that the verdict was supported by sufficient evidence and that the verdict was not against the overwhelming weight of the evidence.
(7-0: Coleman for the Court)

Other Orders

  • In Re: Gibson, 2024-CP-01303-SCT (per curiam affirmance)
  • In Re: Local Rules, 89-R-99015-SCT (granting motion to rescind a local rule in the First Chancery District)
  • Taylor v. State, 2023-CT-00738-SCT (denying cert)
  • Dew v. Greenwood Leflore Consolidated School District, 2024-CA-00067-SCT (denying rehearing)
  • Mississippi Commission of Judicial Performance v. Littleton, 2026-JP-00306-SCT (suspending a county court judge without pay pending further order of the Court)

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Mississippi Supreme Court Decisions of March 12 and March 19, 2026

I am a bit behind because I was out of the office last week, and yesterday I had court in Neshoba County. The Mississippi Supreme Court handed down one opinion last week and six opinions this week. Last week’s opinion was an election context. Of the six this week, three were dismissals of appeals from youth court restitution orders, two were appeals of felony convictions (with one reversal) and the other was a real property case.

March 12, 2026

Randle v. Ivy, 2025-EC-00299-SCT (Civil – Election Contest)
Affirming the special judge’s decision in an election contest, holding that the issue was moot after the election and that there was substantial evidence to support the decision that the primary-election candidate did not meet the residency requirement.
(7-0: King for the Court)

Other Orders

  • Arbor Landing Homeowners’ Association, Inc. v. Rankin County Development Group, LLC, 2025-IA-01286-SCT (granting interlocutory appeal)

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March 19, 2026

In Re: Interest of L.L., A Minor, 2024-CA-00872-SCT (Civil – Juvenile Justice)
Dismissing appeal from a youth court restitution order, holding that the order was not a final, appealable order.
(6-1: Branning for the Court; King dissented without writing)

Gibson v. State, 2024-KA-01301-SCT (Criminal – Felony)
Reversing conviction of second degree murder, holding that the trial court abused its discretion in denying a jury instruction for excusable homicide.
(4-3: Sullivan for the Court; Randolph dissented, joined by Griffis and Branning)

In the Interest of R.H., a Minor, 2024-CA-00873-SCT (Civil – Juvenile Justice)
Dismissing an appeal of a restitution order from youth court, holding that it was not a final, appealable order.
(6-1: Griffis for the Court; King dissented without writing)

Hewitt v. TJM Properties, Inc., 2024-CA-01312-SCT (Civil – Real Property)
Affirming the chancellor’s dismissal of a claim for reimbursement and property-based claims by a developer who never acquired title to the subject property, holding that the chancellor did not err in finding that the plaintiff lacked a legally cognizable property interest.
(7-0: Ishee for the Court)

McDaniel v. State, 2025-KA-00202-SCT (Criminal – Felony)
Affirming conviction of second degree murder, holding that trial counsel was not ineffective for not requesting an accidental homicide instruction, that there was no abuse of discretion granting jury instruction on deliberate design, and that the conviction was not against the overwhelming weight of the evidence.
(7-0: Randolph for the Court)

In the Interest of D.G., a Minor, 2024-CA-00868-SCT (Civil – Juvenile Justice)
Dismissing an appeal of a youth court restitution order, holding that it was not a final, appealable order.
(6-1: Ishee for the Court; King dissented without writing)

Other Orders

  • Snyder v. Pilger, 2024-CT-00460-SCT (denying cert)
  • The Mississippi Bar v. Newcomb, 2025-BD-00835-SCT (suspending from the practice of law for two years retroactive to Aug. 22, 2022)
  • In Re: Administrative Orders of the Supreme Court of Mississippi, 2026-AD-00001-SCT (ordering (1) that the AOC shall be authorized to disclose to the Mississippi Commission on Judicial Performance information gathered in compliance with 2025 Extraordinary Session House Bill 38, Section 34, as well as any other information pertaining to youth courts that would reasonably lead to the investigation of judicial misconduct and (2) that the Commission shall not disseminate or otherwise disclose any information it receives from AOC pertaining to Youth Courts except as necessary to recommend discipline in accordance with the Rules of the Mississippi Commission on Judicial Performance)

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Mississippi Supreme Court Decisions of March 5, 2026

The Mississippi Supreme Court handed down one opinion on Thursday in a direct criminal appeal.

The bigger news from yesterday is that the NCAA filed a petition for interlocutory appeal in the Trinidad Chambliss case. Trinidad’s lawyers have two weeks to file a response and then we wait for the Supreme Court to decide whether to allow an appeal of the preliminary injunction. I wrote about this process in an earlier post.

Vance v. State, 2025-KA-00444-SCT (Criminal – Felony)
Affirming conviction of first-degree murder, holding that trial counsel was not constitutionally ineffective by not objection to two jury instructions or for not requesting a manslaughter instruction other than culpable-negligence manslaughter, that the trial court did not err in sustaining an objection to the defendant’s question to a lay witness about whether she perceived the defendant was being abused at home, that the verdict was not against the overwhelming weight of the evidence and that the conviction was supported by sufficient evidence, and that the ineffective-assistance-of-counsel claim regarding a failed attempt to introduce security camera recording.
(7-0: Sullivan for the Court)

Other Orders

  • Harris v. State, 2023-M-00195 (denying application for leave to file motion for PCR, finding it frivolous, and restricting the petitioner from filing further applications in forma pauperis)
  • Buck v. State, 2024-CT-00025-SCT (denying cert)
  • Ralston v. Ralston, 2025-TS-01096 (denying emergency motion to for stay of incarceration)

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Mississippi Court of Appeals Decisions of March 3, 2026

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

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

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

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

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

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

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

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

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

Other Orders

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

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Double Issue: Mississippi Supreme Court Decisions of February 12 and February 26, 2026

The Mississippi Supreme Court handed down one opinion on February 12 (a direct appeal of a felony conviction) and one today (an annexation case). In addition to the opinions, there was no shortage of rulings on petitions for cert with a couple of grants in the mix.

February 12, 2026

Goods v. State, 2023-KA-00955-SCT (Criminal – Felony)
Affirming conviction of depraved-heart murder, holding that the trial court did not abuse its discretion in admitting autopsy photographs or in instructing the jury and that the verdict was not against the overwhelming weight of the evidence.
(7-0: Randolph for the Court)

February 26, 2026

In the Matter of The Enlarging, Extending and Defining The Corporate Limits and Boundaries of The City of Olive Branch, DeSoto County, Mississippi: City of Olive Branch v. Dobbins, 2024-AN-00749-SCT (Civil – Municipal Boundaries & Annexation)
Affirming the chancery court’s denial of the City’s petition to annex two parcels of land, holding that the chancery court’s finding that the annexation was unreasonable was supported by substantial credible evidence.
(4-2: Ishee for the Court; Griffis dissented, joined by Branning; Coleman did not participate)

Other Orders

February 12, 2026

  • Walker v. State, 2023-CT-01012-SCT (denying cert)
  • Gombako-Amos v. Amos, 2023-CT-01253-SCT (granting cert)
  • Brodie v. Brodie, 2023-CT-01397-SCT (denying cert)
    Hines v. PERS, 2023-CT-01400-SCT (denying cert)
  • Martin v. Martin, 2924-CT-00222-SCT (denying cert)
  • Brown v. State, 2024-CT-00307-SCT (denying cert)
  • P.K. Loyacono, PLLC v. Raymond James Financial Service, Inc., 2024-CA-00791-SCT (denying reconsideration)

February 26, 2026

  • Howard v. Howard, 2023-CT-01029-SCT (denying cert)
  • Moyer v. Blades, 2023-CT-01180 (denying cert)
  • Swims v. State, 2023-CT-01244-SCT (denying cert)
  • Mortera v. Kona Villa Owners Association, Inc., 2023-CT-01297-SCT (dismissing cert)
  • Tauzin v. Tauzin, 2024-CT-00141-SCT (denying cert)
  • Heirs of Morsi by and through Morsi v. JB Hunt Corp., 2024-CT-00399-SCT (granting cert)
  • James v. Memorial Hospital at Gulfport, 2024-CT-00459-SCT (denying cert)
  • Corr Properties, LLC v. City of Oxford, 2024-CT-00665-SCT (denying cert)

February 12, 2026 Hand Down Page

February 26, 2026, Hand Down Page

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

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

February 5, 2026

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

February 10, 2026

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

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

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

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

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

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

Other Orders

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

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Mississippi Court of Appeals Decisions of February 17, 2026

I had oral argument before the Mississippi Court of Appeals last Wednesday. It was a great experience as always and the Court’s hospitality is top-notch. Nevertheless, I was in prep mode on Tuesday and recovery mode on Thursday so I punted last week’s summaries. I plan to get caught up this week. I will add another post taking a detour and talking about the intersection of Ole Miss football and appellate procedure.

For now, my summaries of the seven opinions handed down by the Mississippi Court of Appeals today are below. Of note, the Court reversed a conviction and rendered a judgment of acquittal based on a Fourth Amendment violation.

Smith v. Clarksdale Municipal School District, 2024-CA-00168-COA (Civil – Contract)
Affirming the dismissal of a petition for mandamus against the school district to reclassify a job position and for back compensation, holding that the circuit court did not err in converting a motion to dismiss to a motion for summary judgment or in granting summary judgment.
(9-1: Emfinger for the Court; McDonald dissented without writing)

Seward v. Coast Concrete Company, Inc., 2024-CA-00973-COA (Civil – Contract)
Affirming the circuit court’s decision denying a motion to withdraw or amend admissions, holding that the appellant waived the argument that the requests for admissions were served outside of the discovery deadline under UCRCCC 4.03 and that the circuit court did not abuse its discretion in denying the motion to withdraw or amend the deemed admissions.
(8-2-0: Emfinger for the Court; McDonald and McCarty concurred in part and in the result without writing)

Johnson v. State, 2024-KA-01348-COA (Criminal – Felony)
Affirming conviction of second-degree murder, holding that the trial court did not err in admitting testimony from the victim’s supervisor regarding evidence of prior violence against the victim, that the record was insufficient to address the ineffective assistance claim, and that the evidence was sufficient to support the conviction.
(10-0: McCarty for the Court)

Davis v. State, 2024-KA-00794-COA (Criminal – Felony)
Affirming conviction of capital murder, holding that the conviction was supported by sufficient evidence and that the verdict was not against the overwhelming weight of the evidence.
(10-0: McDonald for the Court)

Wilson v. State, 2024-KA-00632-COA (Criminal – Felony)
Reversing conviction of possession of a firearm by a felon, holding that the trial court erred in denying a motion to suppress evidence during a traffic stop because the officer lacked reasonable suspicion to initial the traffic stop.
(9-1: Wilson for the Court; Carlton dissented without writing)

In the Matter of A.L.C.: Heart to Heart Adoptions, Inc. v. Williamson, 2024-CA-00052-COA (Civil – Adoption)
Affirming the chancery court’s judgment denying full faith and credit to a Utah judgment terminating parental rights, holding that the Utah judgment could not be registered under the Uniform Child Custody Jurisdiction and Enforcement Act.
(10-0: Carlton for the Court)

Jenkins v. Jenkins, 2024-CA-00395-COA (Civil – Domestic Relations)
Affirming the chancery court’s judgment of divorce and award of joint legal custody, holding that the chancellor did not abuse her discretion in her Albright analysis, in awarding joint custody, in her equitable division and distribution of marital property, in not awarding alimony, or in denying a request for attorney’s fees.
(5-5: Emfinger for the Court; Carlton concurred in part and dissent in part regarding the child custody award, joined by Barnes, Westbrooks, McDonald, and McCarty)

Other Orders

  • Upchurch v. Lewis, 2023-CA-01296-COA (denying rehearing)
  • Wooten v. State, 2023-KA-01318-COA (denying rehearing)
  • Walker v. State, 2024-CP-01032-COA (denying rehearing)

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Mississippi Court of Appeals Decisions of February 3, 2026

The Mississippi Court of Appeals handed down eight opinions today with four civil appeals and four criminal appeals. The four civil cases include a slip-and-fall summary judgment, an MTCA police-pursuit case, and the reversal of summary judgment in a med mal case.

White v. State, 2024-KA-00658-COA (Criminal – Felony)
Affirming in part and reversing in part the circuit court’s judgment of conviction of four counts of aggravated DUI and one court of fourth-offense DUI, holding that the statute of limitations had run on the fourth-offense DUI charge, that there was no error with the prosecution for aggravated DUI based on statute of limitations or double-jeopardy grounds, and that the defendant showed no prejudice as a result of the alleged prosecutorial misconduct.
(7-3: Lassitter St. Pe’ for the Court; McDonald concurred in part and in the result without writing; Westbrooks concurred in part and dissented in part without writing; Wilson concurred in part and dissented in part, joined by Westbrooks and McDonald)

Crowley v. State, 2024-KA-00589-COA (Criminal – Felony)
Affirming conviction of one count of conspiracy, one count of burglary of a dwelling, and one count of grand larceny and the sentence as a non-violent habitual offender, holding that sentence was supported by sufficient evidence and that Erlinger did not apply.
(10-0: Weddle for the Court)

Norman v. State, 2024-CP-01107-COA (Civil – PCR)
Affirming the circuit court’s denial of a PCR motion, holding that the circuit court did not err in finding it successive and containing substantive flaws that rendered relief improper.
(7-2-1: Lawrence for the Court; McDonald concurred in part and in the result without writing; Wilson concurred in result only without writing; McCarty dissented, joined in party by McDonald)

Moore v. State, 2024-KA-00507-COA (Criminal – Felony)
Affirming conviction of trafficking heroin, possession of meth, and possession of PCP, holding that the evidence was sufficient on all three counts.
(10-0: Wilson for the Court)

Long v. Jones County, 2024-CA-00521-COA (Civil – Personal Injury)
Affirming summary judgment in favor of the defendant in a slip-and-fall case, holding that the trial court did not err in finding that there was insufficient evidence to prove that the sidewalk in question constituted a dangerous condition.
(10-0: Wilson for the Court)

Hayes v. Magee Benevolent Foundation, 2024-CA-00910-COA (Civil – Wrongful Death)
Reversing the circuit court’s grant of summary judgment dismissing a med mal case based on a finding that the plaintiff could not establish causation under the “loss-of-chance doctrine,” holding that there was a genuine issue of material fact existed where the plaintiff provided expert testimony that the decedent died of a heart attack, that the hospital breached the standard of care by accepting the decedent’s self-diagnosis of a panic attack, and that but for that breach the decedent would have had a greater than 50% chance of survival.
(10-0: Wilson for the Court)

Anderson v. State, 2024-KA-00935-COA (Criminal – Felony)
Affirming conviction of being a felon in possession of a firearm, holding that the conviction was supported by sufficient evidence and that the verdict was not against the overwhelming weight of the evidence.
(10-0: Carlton for the Court)

Luckett v. Leake County, 2024-CA-00269-COA (Civil – Personal Injury)
Affirming the circuit court’s judgment after bench trial under the MTCA where the plaintiff was injured by a collision with a deputy who was involved in a high-speed pursuit, holding that the trial court did not err in apportioning 55% of the fault to the fleeing suspect.
(6-3-1: Barnes for the Court; Wilson, McCarty, and Emfinger concurred in part and in the result without writing; McDonald concurred in part and dissented in part without writing)

Other Orders

  • Cunningham v. State, 2023-KA-01213-COA (denying rehearing)
  • Saddler v. State, 2024-CP-00099-COA (denying rehearing)
  • Hall v. Mitchell, 2024-CA-00667-COA (denying rehearing)
  • Hodge v. Hodge, 2024-CA-00745-COA (denying rehearing)
  • UMMC v. Giddens, 2024-CA-00842-COA (denying rehearing)

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Mississippi Supreme Court Decisions of January 29, 2026

The Magnificent Seven of the Mississippi Supreme Court handed down one opinion today in a direct criminal appeal while the cert-denial machine hums along.

Williams v. State, 2024-KA-01050-SCT (Criminal – Felony)
Affirming conviction of one count of first-degree murder and four counts of aggravated assault, holding that the convictions were not against the overwhelming weight of the evidence.
(7-0: Ishee for the Court)

Other Orders

  • Younger v. Southern, 2022-CT-01228-SCT (denying cert)
  • Estate of Anderson: Brown v. Fitzgerald, 2023-CT-01131-SCT (denying cert)
  • Mangum v. State, 2023-CT-001198-SCT (denying cert)
  • Briggs v. Jackson, 2023-CT-01241-SCT (denying cert)
  • McDonald v. Pruwitt, 2023-CT-01312-SCT (denying cert)
  • In Re: Administrative Orders of the Supreme Court of Mississippi, 2026-AD-00001-SCT (directing the disbursement of $182,328.25, in civil legal assistance funds among the MS Center for Legal Services, MS Volunteer Lawyers Project, and North MS Rural Legal Services)

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