Tag: Sufficency and Weight of Evidence

Mississippi Supreme Court Decisions of November 6, 2025

The Mississippi Supreme Court handed down four opinions today. There is a divorce case, an adoption case, and two felony convictions.

Edwards v. Edwards, 2023-CA-01334-SCT (Civil – Domestic Relations)
Affirming judgement of divorce awarding ex-husband primary physical custody, holding that the trial court did not err in its Albright analysis, did not err in denying the motion for new trial, and did not err in denying a motion for recusal.
(8-0: Branning for the Court; Coleman did not participate)

Practice Point – The Court discussed the failure to make specific findings of fact when conducting an Albright analysis:

Mayfield v. State, 2024-KA-00822-SCT (Criminal – Felony)
Affirming conviction of sexual battery, holding that the conviction was supported by sufficient evidence and that the verdict was not against the overwhelming weight of the evidence.
(9-0: Branning for the Court)

Moody v. State, 2025-KA-00022-SCT (Criminal – Felony)
Affirming conviction of possession of methamphetamine, holding that the conviction was supported by sufficient evidence.
(9-0: Maxwell for the Court)

Note – Here is the Court’s preview of the evidence.

Hines v. Caldwell, 2024-CA-00921-SCT (Civil – Adoption)
Affirming the chancery court’s decision granting foster parents’ petition for adoption, holding that the adoptive parents were not contractually barred from seeking adoption before exhaustion of family placement with CPS and that judicial estoppel did not apply.
(9-0: King for the Court)

Other Orders

  • In Re: The Rules of Civil Procedure, 89-R-99001-SCT (denying letter motion)
  • In Re: Local Rules, 89-R-99015-SCT (granting motion seeking approval of revisions to the Local Rules for the Fifth Chancery Court District)
  • Ramsey v. State, 2023-CT-00440-SCT (denying cert petition as untimely)
  • Foote v. Memorial Hospital at Gulfport, 2023-CT-00504-SCT (denying cert)
  • Watkins Construction, Inc. v. Mississippi Department of Revenue, 2024-SA-00662-SCT (denying rehearing)

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Mississippi Court of Appeals Decisions of November 4, 2025

The Mississippi Court of Appeals handed down ten opinions yesterday. The Court covered a lot of ground including wills,the MTCA, felony convictions, an arbitration award, and arbitration agreement enforceability.

Pittman v. Charles Schwab & Co., Inc., 2024-CA-00619-COA (Civil – Torts)
Reversing the circuit court’s grant of a motion to compel arbitration, holding that the circuit court erred in finding that the plaintiff was a third-party beneficiary of an arbitration agreement.
(9-1: Weddle for the Court; Wilson dissented)

Ward v. State, 2024-KA-00341-COA (Criminal – Felony)
Affirming in part and reversing in part after a judgment of convictions of voyeurism and first-degree murder, holding that trial counsel was not ineffective for not requesting a severance or for failing to object to the State’s peremptory strikes and that the evidence was sufficient to support each of the convictions, but holding that the circuit court erred in refusing a heat-of-passion manslaughter instruction.
(7-3: Emfinger for the Court; Wilson and Westbrooks concurred in part and dissented in part without writing; Lawrence concurred in part and dissented in part, joined by Carlton and Westbrooks, joined in part by Wilson)

Roberts v. State, 2024-CA-00988-COA (Civil – PCR)
Reversing the trial court’s denial of a PCR motion, holding that because only one petition for revocation of Roberts’s PRS had been filed, the circuit court did not have the authority to impose her full sentence under section 47-7-37.
(6-4*-1: McDonald for the Court; Emfinger specially concurred, joined by Barnes, Weddle, and Lassitter St. Pe’, joined in part by Lawrence and McCarty; Wilson concurred in result only without writing; Lawrence dissented, joined in part by Emfinger and Weddle)

Fields v. State, 2024-KA-01204-COA (Criminal – Felony)
Affirming conviction of twenty-five counts of child exploitation, holding searches of the defendants laptops in Harrison County pursuant to a George County warrant were proper, and holding that the defendant cannot complain on appeal about the absence of a jury instruction his counsel strategically withdrew.
(10-0: McDonald for the Court)

Williams v. State, 2024-KA-00257-COA (Criminal – Felony)
Affirming conviction of manslaughter, holding that any error in limiting evidence related to the victim’s character did not warrant reversal in light of other evidence of guilt.
(8-2-0: Westbrooks for the Court; Wilson and Emfinger concur in result only without writing)

Jones v. Madison County Nursing Home, 2024-CA-00561-COA (Civil – Personal Injury)
Affirming the dismissal of a suit against a nursing home, holding that it was time-barred because it was filed outside of the MTCA’s one-year statute of limitations, holding that the County was not estopped from asserting the statute of limitations defense after the Board of Supervisors had responded to a pre-suit notice letter stating that the county was not a proper party.
(9-1-0: Wilson concurred in part and in the result without writing)

Chavers v. State, 2024-KA-00551-COA (Criminal – Felony)
Affirming conviction of two counts of manslaughter and one count of aggravated assault after driving a UTV into a group of people leaving a party, holding that the trial court did not abuse its discretion in giving a voluntary intoxication instruction, that the circuit court’s error in giving the jury the wrong set of jury instructions that error was harmless because it was corrected during deliberations, and that the verdict was supported by sufficient evidence.
(9-0: Wilson for the Court; Lawrence did not participate)

Estate of Fleishhacker: Ward v. Edwards, 2024-CA-00418-COA (Civil – Wills, Trusts & Estates)
Affirming the chancellor’s decision denying in a will contest, holding that the chancellor did not err in denying a request to probate a lost holographic will and finding an earlier will valid.
(7-2-0: Wilson concurred in part and in the result without writing; McDonald concurred in result only without writing; Weddle did not participate)

Practice Point – Though it did not affect the holding in the case, the Court held that the trial court erred in finding that one witness’s testimony was insufficient under section 91-7-10 because she was the primary beneficiary under the purported will. But the Court of Appeals noted that neither the chancellor nor the parties accounted for the repeal of the Dead Man’s Statute.

Gillespie Funeral Home, LLC v. Magnolia Guaranty Life Insurance Company, 2024-CA-00427-COA (Civil – Contract)
Affirming the chancellor’s decision after an arbitration award, holding that the chancellor did not err in denying a motion to set aside an arbitration award or in entering a final judgment confirming the award.
(9-1-0: Barnes for the Court; McDonald concurred in the result only without writing)

Sanford v. State, 2024-KA-00683-COA (Criminal – Felony)
Affirming a conviction of gratification of lust, statutory rape, and sexual battery, holding that the argument that the circuit judge should have recused himself after he was contacted by the victim’s father prior to trial was waived and without merit where the judge said he explained to the father that the could not talk about matters that could come before the court.
(9-1-0: Barnes for the Court; Westbrooks concurred in result only without writing)

Other Orders

  • Younger v. Southern, 2022-CA-01228-COA (denying rehearing)
  • Mangum v. State, 2023-KA-01198-COA (denying rehearing)
  • Morsi v. JB Hunt Corp., 2024-WC-00399-COA (denying rehearing)

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Mississippi Supreme Court Decisions of October 23 and October 30, 2025

My summaries of last week’s and today’s action from the Mississippi Supreme Court are below.

I will blame my tardiness in part on the fact that last week I had the privilege of presenting a civil case law update at the 2025 Law Clerk and Judicial Staff In-Person and Virtual CLE presented by The Bench-Bar Liaison Committee of the Mississippi Bar. It was a great time of catching-up with friends and presenting on something I am passionate about.

October 23, 2025

  • No Opinions

Other Orders

  • Harris v. Casino Vicksburg, LLC, 2023-CT-00959-SCT (denying cert)
  • Deer v. State, 2024-CT-00019-SCT (denying cert)
  • Hatchett v. State, 2024-CT-00100-SCT (denying cert)

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October 30, 2025

Lakeland Premier Women’s Clinic, PLLC v. Jackson, 2024-IA-00445-SCT (Civil – Medical Malpractice)
Reversing the trial court’s denial of a clinic and doctor’s motion for summary judgment in a med mal case on interlocutory appeal, holding that the trial court abused its discretion in denying the defendants’ motion for summary judgment and granting the plaintiff additional time to obtain an expert affidavit where the plaintiff filed a response to the motion for summary judgment on the day of the hearing without supporting medical affidavit or testimony.
(9-0: Branning for the Court)

Practice Point – The Court drew a distinction between the rule 56(c) which allows affidavits opposing an MSJ to be served as late as the day before the hearing and the uniform rule requiring a response to be filed within 10 days.

Jones v. State, 2024-KA-01356-SCT (Criminal – Felony)
Affirming conviction of attempted aggravated-assault, holding that the evidence was sufficient to support the verdict and that the verdict was not against the overwhelming weight of the evidence where evidence showed that the defendant pointed a gun at his neighbor before firing it.
(9-0: Maxwell for the Court)

Elliott Land Developments, LLC v. Board of Supervisors of Jackson County, Mississippi, 2024-CA-01249-SCT (Civil – Real Property)
Affirming the circuit court’s affirmance the board of supervisors’ denial of a rezoning application, holding that the board had jurisdiction, that whether the developer met its burden was a fairly debatable issue based on substantial evidence presented by each side, and that the board’s denial was not arbitrary or capricious.
(9-0: Coleman for the Court)

Chung v. State, 2023-CT-00362-SCT (Civil – Other)
Reversing the Court of Appeals and reinstating the trial court’s judgment, holding that sufficient evidence supported the trial court’s decision finding that the State met its burden of proof required in civil-forfeiture proceedings.
(5-4: Branning for the Court; Sullivan dissented, joined by King, Coleman, and Ishee)

Note – A 5-4 Court of Appeals reversed the trial court and a 5-4 Supreme Court reversed the Court of Appeals.

Other Orders

  • 1st Step Sober Living LLC v. Cleveland, 2023-CT-00665-SCT (denying cert)
  • In Re: Administrative Orders of the Supreme Court of Mississippi, 2025-AD-00001-SCT (directing the disbursement of $189,619.03, in civil legal assistance funds among the MS Center for Legal Services, MS Volunteer Lawyers Project, and North MS Rural Legal Services)

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Mississippi Court of Appeals Decisions of October 7, 2025

The Mississippi Court of Appeals handed down six opinions of substance yesterday. There is a divorce case, a timber case, a felony, a visitation/in loco parentis case, an heirship case, and a UM/UIM case with an interesting procedural question.

Hodge v. Hodge, 2024-CA-00745-COA (Civil – Domestic Relations)
Reversing the chancellor’s decision granting the ex-wife’s petition to set aside a final divorce degree arguing that she was forced to sign it under duress, holding that the chancellor did not abuse his discretion in finding the Rule 60(b)(4) motion timely, that section 93-5-2(5) did not apply because the complaint was not contested, that the chancellor erred by determining that the final divorce decree should be set aside in part because of the ex-husband’s claim splitting, and that there was not clear and convincing evidence that the ex-husband committed fraud.
(9-0: Lawrence for the Court; Barnes did not participate)

Payne Logging, LLC v. Smith, 2024-CA-00439-COA (Civil – Property Damage)
Affirming the chancellor’s award of monetary damages in a landowner’s claim against a logging company that removed timber off their property without permission while logging a neighbor’s property, holding that the chancery court did not err in applying the statutory guidelines in section 95-5-10.
(10-0: Westbrooks for the Court)

Hall v. State, 2024-KA-00364-COA (Criminal – Felony)
Affirming conviction of attempted capital murder, holding the the verdict was supported by sufficient evidence and that it was not against the overwhelming weight of the evidence.
(10-0: Wilson for the Court)

Edwards v. Johnson, 2023-CA-01271-COA (Civil – Domestic Relations)
Reversing the chancellor’s decision denying a petition to establish visitation by a non-parent, holding that the chancellor erred in applying the doctrine of unclean hands before determining the petitioner’s in loco parentis status and, if necessary, reaching the issue of whether visitation was in the child’s best interest.
(6-3: Carlton for the Court; Weddle concurred in part and dissented in part without writing; Wilson dissented; Emfinger dissented, joined in part by Wilson and Weddle; Lawrence did not participate)

In the Matter of Estate of Lewis: Curry v. Thomas, 2024-CA-00346-COA (Civil – Wills, Trusts & Estates)
Reversing the chancellor’s decision establishing paternity, holding that the one-year limitation for paternity is self-executing and thus cannot be waived and that the petitioner was barred from asserting an heirship claim because she did not attempt to establish paternity until almost eighteen years after her putative father’s death.
(7-3*: Barnes for the Court; McCarty concurred in part and in the result without writing; McDonald concurred in result only without writing; Westbrooks specially concurred, joined by McDonald, McCarty, and Lassitter St Pe’)

Thompson v. State Farm Fire and Casualty Company, 2024-CA-00393-COA (Civil – Insurance)
Affirming the trial court’s grant of a directed verdict in favor of a UM carrier, holding that the trial court did not err in granting a directed verdict for the UM carrier because there was no proof that the tortfeasor was an uninsured motorist and UM/UIM status was a question for the jury, that the UM carrier did not waive the argument that UM coverage was not applicable because the carrier did not have a duty to prove that the tortfeastor was an uninsured motorist, and that the trial court did not abuse its discretion in denying a new trial.
(7-3: Barnes for the Court; McDonald dissented without writing; McCarty dissented, joined by Westbrooks and McDonald)

Practice Point – McCarty’s dissent took issue with the directed verdict being granted during the damages phase of trial in front of the jury:

Other Orders

  • Davis v. State, 2023-KA-00884-COA (denying rehearing)
  • Quinn v. State, 2023-KA-01143-COA (denying rehearing)

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Mississippi Court of Appeals Decisions of September 30, 2025

The Mississippi Court of Appeals handed down five opinions yesterday. We closed out the month with a med mal/MTCA decision, a workers’ comp borrowed employee case, a felony conviction, a PCR case, and an MDOC administrative remedy case.

University of Mississippi Medical Center v. Giddens, 2024-CA-00842-COA (Civil – Wrongful Death)
Affirming judgment in favor of the plaintiff in a wrongful death med mal case brought under the MTCA, holding that the trial court’s decision that the decedent had not given informed consent for a procedure that constituted a breach of the standard of care and that the decision to perform that procedure during another procedure was a breach of the standard of care was supported by substantial credible evidence.
(10-0: St. Pe’ for the Court)

Walker v. State, 2024-CP-01032-COA (Civil – PCR)
Vacating and rendering judgment dismissing a PCR petition because the trial court lacked jurisdiction to consider the merits where the petition failed to first obtain permission from the Mississippi Supreme Court.
(10-0: McCarty for the Court)

Adams v. Hinds County School District, 2024-CA-00756-COA (Civil – Personal Injury)
Affirming the circuit court’s decision granting summary judgment in a personal injury case, holding that the trial court did not err in determining that the plaintiff (an employee of a staffing service) was a borrowed employee of the school district and that workers’ compensation was therefore her exclusive remedy.
(10-0: Wilson for the Court)

Walton v. State, 2024-KA-00818-COA (Criminal – Felony)
Affirming conviction of felony possession of stolen property, holding that the evidence was sufficient, that the trial could did not err in denying the motion for directed verdict or in refusing a peremptory instruction asserting that the State failed to prove the element of guilty knowledge, and that the verdict was not against the overwhelming weight of the evidence.
(10-0: Carlton for the Court)

Carroll v. State, 2024-CP-00875-COA (Civil – Other)
Affirming the circuit court’s dismissal of the petition for clarification of a sentencing order, holding that the circuit court reached the right result but for the wrong reason and explaining that the petition was untimely.
(7-3-0: Wilson, Westbrooks, and Emfinger concurred in part and in the result without writing)

Other Orders

  • Shipley v. Shipley, 2023-CA-00814-COA (denying rehearing)
  • Stephney v. State, 2023-KA-00936-COA (denying rehearing)
  • Mortera v. Kona Villa Owners Association, Inc., 2023-CA-01297-COA (denying rehearing)

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Mississippi Court of Appeals Decisions of September 16, 2025

The Mississippi Court of Appeals handed down seven opinions today. We got a couple of custody decisions, a couple of MTCA decisions, a failure to prosecute a med mal lawsuit, a felony, and a PCR case.

E.H. v. Lee County Dept. of Child Protective Services, 2023-CA-00732-COA (Civil – Custody)
Affirming the youth court’s decision terminating parental rights, holding that the youth court’s decision was supported by substantial evidence and that the denial of a Rule 60 motion was not erroneous.
(10-0: St. Pe’ for the Court)

Cameron v. Miller, 2023-CA-01388-COA (Civil – Personal Injury)
Affirming the circuit court’s decision granting a motion to dismiss a med mal lawsuit for failure to prosecute, holding that the trial court did not abuse its discretion where the record demonstrated an overall case of dilatory conduct, substantial periods of inactivity, and untimely and reactionary steps.
(7-2-1: Weddle for the Court; Wilson concurred in part and in the result without writing; Westbrooks concurred in the result only without writing; McDonald concurred in part and dissented in part without writing)

Russell v. Booneville Police Dept., 2024-CP-00757-COA (Civil – Torts)
Affirming the dismissal of a lawsuit under the MTCA, holding that the circuit court did not err in dismissing the claim for law of presuit notice.
(10-0: Weddle for the Court)

Saddler v. State, 2024-CP-00099-COA (Civil – PCR)
Affirming dismissal of a PCR motion because the trial court did not err in finding it was time-barred.
(10-0: McCarty for the Court)

Hall v. Mitchell, 2024-CA-00667-COA (Civil – Wrongful Death)
Affirming the circuit court’s judgment for the defendant after bench trial, holding that the trial court’s decision that a parked county-owed truck was not the proximate cause of an collision between the decedent’s motorcycle and an SUV.
(8-2-0: McCarty for the Court; Wilson, Westbrooks, and McDonald concurred in part and in the result without writing)

Cunningham v. State, 2023-KA-01213-COA (Criminal – Felony)
Affirming conviction of first-degree murder, holding that the trial court did not abuse its discretion in refusing the defendant’s jury instructions on self-defense, imperfect self-defense, and culpable-negligence manslaughter; that the trial court’s did not err in denying a pretrial motion and refusing proposed jury instructions regarding lost body-camera footage; that the trial court erred harmlessly in admitting the victim’s statement to EMTs; that the trial court did not “improperly console” the victim’s mother in the courtroom by expressing sympathy while admonishing her to keep her composure; that the conviction was supported by sufficient evidence and not against the overwhelming weight of it; and that the cumulative error doctrine did not apply.
(10-0: Wilson for the Court)

Hopkins v. Perry, 2024-CA-00467-COA (Civil – Custody)
Affirming in part and reversing in part the chancellor’s custody order, holding that the chancellor did not err in modifying visitation modification but remanding for an Albright analysis of the legal custody issue.
(9-0: Carlton for the Court; Westbrooks did not participate)

Other Orders

  • Horne v. Dolgencorp LLC, 2024-CA-00376-COA (denying rehearing)
  • Strong v. Acara Solutions, Inc., 2024-CA-00455-COA (denying rehearing)

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Double Issue: Mississippi Supreme Court Decisions of July 31, 2025 and August 7, 2025

The Mississippi Supreme Court handed down one opinion last week and one this week. Both were direct criminal appeals, but this week’s decision is a death penalty case. You can read about them below.

July 31, 2025

Harrelson v. State, 2024-KA-00600-SCT (Criminal – Felony)
Affirming conviction of statutory rape, holding that the defendant was not deprived of a fair trial by improper comments by the State because there was no objection at trial and there was substantial evidence of guilt, and holding that the verdict was not against the overwhelming weight of the evidence.
(9-0: Chamberlin for the Court)

Other Orders

  • Miller v. State, 2023-CA-00322-SCT (denying cert)
  • United Emergency Services of Mississippi, Inc. v. Miller, 2023-IA-00767-SCT (denying rehearing)
  • J.S. v. Ocean Springs School District, 2023-CA-01009-SCT (denying rehearing)
  • Tubbs v. State, 2023-KA-01124-SCT (denying rehearing)
  • In Re: Administrative Orders of the Supreme Court of Mississippi, 2025-AD-00001-SCT (directing the disbursement of $216,005.10, in civil legal assistance funds among the MS Center for Legal Services, MS Volunteer Lawyers Project, and North MS Rural Legal Services)
  • Liberty Mutual Insurance Company v. Body, 2025-IA-00510-SCT (granting interloc)

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August 7, 2025

Abram v. State, 2023-DP-00614-SCT (Criminal – Death Penalty)
Affirming conviction of two counts of capital murder and one count of attempted murder and his death sentence, holding that the circuit court did not abuse its discretion by admitting evidence from locations other than the crime scene, that the evidence was sufficient to support the capital murder convictions, and that the capital-murder convictions were not against the overwhelming weight of the evidence, and declining to abandon the M’Naghten Rule.
(9-0: Ishee for the Court)

Other Orders

  • Nailer v. State, 2023-CA-00627-SCT (denying cert)
  • Estate of Roberts: Herd v. Stokes, 2023-CT-00713-SCT (denying cert)
  • Gardner v. State, 2023-CT-00903-SCT (granting cert)
  • Wilson v. State, 2023-CT-01050-SCT (denying cert)
  • Grimes v. State, 2023-CT-01254-SCT (denying cert)

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Double Issue: Mississippi Court of Appeals Decisions of July 29, 2025 and August 5, 2025

The Mississippi Court of Appeals handed down six opinions last week and nine opinions today. With fifteen total opinions, there is something for everybody. Among the summaries below is a lawsuit filed on behalf of a minor who did not make his school’s baseball team.

July 29, 2025

Soto v. Mississippi Export Railroad Company, 2024-CA-00638-COA consolidated with Loveless v. Mississippi Export Railroad Company, 2024-CA-00639-COA (Civil – Personal Injury)
Affirming summary judgment in favor of the railroad in a car wreck case, holding that the railroad had no statutory or contractual duty to maintain traffic control devices while the road crossing the railroad was in the midst of an resurfacing project.
(9-1-0: St. Pe’ for the Court; McDonald dissented without writing)

James v. Memorial Hospital at Gulfport, 2024-CA-00459-COA (Civil – Med Mal)
Reversing summary judgment in a med mal case, holding that the plaintiffs’ response to the motion for summary judgment provided sufficient summary judgment proof including expert opinions and that the issue of whether a settled-defendant’s negligence was a superseding intervening act.
(10-0: Emfinger for the Court)

Strickland v. State, 2024-CP-00851-COA (Civil – PCR)
Reversing denial of PCR motion, holding that the indictment was void and remanding to set aside the guilty plea and for further consistent action.
(8-1-0: Lawrence for the Court; Carlton concurred in result only without writing; Emfinger did not participate)

Luster v. State, 2024-CA-00014-COA (Civil – PCR)
Affirming denial of PCR motion, holding that the trial court did not clearly earr in determining that proffered testimony was not newly discovered evidence.
(9-1-0: Westbrooks for the Court; McCarty concurred in part and in the result without writing)

West v. Gulf Relay, LLC, 2024-WC-00816-COA (Civil – Workers’ Comp)
Affirming the MWCC’s order, holding that substantial evidence supported the Commission’s finding that the claimant sustained an 80% industrial loss of use of his left upper extremity but apportioning that loss of use by 95%.
(9-1-: Carlton for the Court; McDonald concurred in part and in the result without writing)

Ramsey v. State, 2023-CP-00440-COA (Civil – PCR)
Affirming denial of PCR motion, holding that the trial court did not err in finding no merit to arguments that the guilty plea was involuntary and that counsel was ineffective.
(9-0: Barnes for the Court; St. Pe’ did not participate)

Other Orders

  • Jones v. State, 2022-KA-01124-COA (denying rehearing)
  • Ramsey v. State, 2023-CP-00440-COA (denying rehearing, substituting opinion)
  • 1st Step Sober Living LLC v. Cleveland, 2023-CA-00665-COA (denying rehearing)
  • Harris v. Casino Vicksburg, LLC, 2023-CA-00959-COA (denying rehearing)
  • Brooks v. State, 2023-KA-01081-COA (denying rehearing)
  • Jordan v. State, 2023-KA-01222-COA (denying rehearing)

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August 5, 2025

Polk v. State, 2024-KA-00591-COA (Criminal – Felony)
Affirming conviction of two counts of sexual battery of a minor under fourteen, holding that the trial court did not abuse its discretion in sustaining a relevancy objection during cross-exam of the victim or in sustaining objections to questions about the victim’s character trait for truthfulness, and that the trial court did not commit plain error violating the Confrontation Clause.
(8-2-0: Weddle for the Court; Barnes and Westbrooks concurred in part and in the judgment without writing)

In the Matter of the Conservatorship of Bennett: Bennett v. Bennett, 2023-CA-01385-COA (Civil – Other)
Affirming the chancery court’s finding of criminal contempt for violation of of order prohibiting appellant from visiting his mother in an elder-care facility and distributing mass mailings about his mother and her court proceedings, holding that the finding of contempt did not violate his rights to due process, free speech, or counsel.
(8-1-0: McDonald for the Court; Wilson concurred in part and in the result without writing; Weddle did not participate)

Green v. Presbyterian Christian School, Inc., 2023-CA-01278-COA (Civil – Torts)
Affirming motion to dismiss, holding that the parents who sued a school over their son not making the baseball team failed to state a claim under Rule 12(b)(6).
(7-2-1: Westbrooks for the Court; Wilson concurred in part and in the result without writing; Emfinger concurred in result only without writing; McCarty concurred in part and dissented in part without writing)

Johnson v. South Central Regional Medical Center, 2023-CA-00623-COA (Civil – Med Mal)
Affirming summary judgment dismissing a med mal case for failure to designate an expert witness, holding that the trial court did not err in granting the motion that was filed three years after the complaint was filed or in denying the plaintiff’s Rule 56(f) motion.
(10-0: Wilson for the Court)

Moyer v. Blades, 2023-CA-01180-COA (Civil – Personal Injury)
Affirming dismissal for failure to prosecute, holding that the trial court did not abuse its discretion in dismissing the lawsuit with prejudice under Rule 37 after the plaintiffs failed to respond to discovery for over a year and then failed to comply with a court order compelling them to respond.
(6-3-0: Wilson for the Court; McDonald and McCarty concurred in part and in the result without writing; Westbrooks concurred in result only without writing; Barnes did not participate)

Practice Point – I though this footnote was interesting from a civil defendant’s standpoint:

Goodloe v. State, 2023-KA-00960-COA (Criminal – Felony)
Affirming convictions of two counts of sexual batter and one count of fondling and sentencing as violent habitual offender, holding that allowing an expert to testify about the victims’ truthfulness was harmless error because the evidence of guilt sufficiently outweighed any harm caused by the admission and that the defendant did not receive ineffective assistance of counsel for failing to give an opening statement.
(7-2-0: Westbrooks and McDonald concurred in part and in the result without writing; Weddle did not participate)

Swims v. State, 2023-KA-01244-COA (Criminal – Felony)
Affirming conviction of second degree murder and possession of a firearm by a felon, holding that the trial court did not err in refusing the instruct the jury on the Weathersby rule, that the trial court did not abuse its discretion in allowing lay testimony about blood on the ground, and that though the trial court abused its discretion in admitting an autopsy report and in allowing testimony that simply repeated the autopsy report those errors were cumulative of admissible evidence and harmless.
(8-2: Wilson for the Court; Westbrooks concurred in part and dissented in part without writing; McDonald concurred in part and dissented in part, joined by McCarty in part)

Knox v. Alford, 2024-CA-00442-COA (Civil – Other)
Affirming the trial court’s order denying a Rule 60(b) motion to alter a judgment of a dismissal for want of prosecution, holding that the trial court did not err in finding that neither the plaintiff’s motion to leave his case on the docket filed in response to the clerk’s Rule 41 notice nor his request for a trial setting was a sufficient “action of record.”
(7-3: Barnes for the Court; Lawrence concurred in part and dissented in part, joined by Westbrooks and McDonald and joined in part by McCarty)

Brownlee v. State, 2024-CA-00585-COA (Civil – State Boards & Agencies)
Reversing and rendering the circuit court’s decision affirming MDOC’s denial of an ARP request for a parole-eligibility date, holding that MDOC lacked authority to disregard the sentencing court’s judgment and sentence even though the sentence was contrary to statute.
(6-1-3: Wilson for the Court; McDonald concurred in part and in the result without writing; Emfinger dissented, joined by Lawrence and Weddle)

Other Orders

  • Phinizee v. State, 2023-KA-01090-COA (denying rehearing)
  • Caffey v. Forrest Health, 2023-CA-01232-COA (denying rehearing)

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Mississippi Court of Appeals Decisions of July 22, 2025

The Mississippi Court of Appeals handed down ten opinions today. These opinions cover personal injury, felonies, unauthorized practice of law, appellate jurisdiction, contract, and more. You can read my summaries below.

Varnado v. State, 2024-KA-00338-COA (Criminal – Felony)
Affirming conviction of seven counts of sexual battery, holding that the trial court did not abuse its discretion in admitting testimony under the Tender Years Exception, that the trial court did not abuse its discretion by allowing the State to ask a victim leading questions on direct, and that the trial court did not err in denying the defendant’s motion for new trial or JNOV challenging the sufficiency and weight of the evidence.
(10-0: St. Pe’ for the Court)

Singh v. Singh, 2024-CA-00646-COA (Civil – Contract)
Affirming the circuit court’s reversal of the county court in a garnishment dispute, holding that the county court’s decision granting a stay of garnishment was not supported by the evidence.
(9-0: St. Pe’ for the Court; Westbrooks did not participate)

Owens v. Boyd Biloxi LLC, 2024-CA-00330-COA (Civil – Personal Injury)
Affirming the circuit court’s grant of summary judgment for the defendant in a slip-and-fall case, holding that the plaintiff failed to come forward with evidence that the defendant had actual or constructive knowledge of water’s presence on the floor.
(10-0: Weddle for the Court)

Brown v. State, 2024-CA-00307-COA (Civil – PCR)
Affirming dismissal of a PCR motion, holding that the trial court did not err in finding that the petition seeking permission to file an appeal nearly 15 years after conviction was time-barred and not subject to exceptions.
(9-0: McCarty for the Court; Weddle did not participate)

Quilantan v. State, 2024-CP-00357-COA (Civil – PCR)
Affirming denial of PCR motion, holding that there was no merit to the claim based on the absence of a PSI report, ineffective assistance of counsel, or failure to provide a certified interpreter.
(9-0: McDonald for the Court; Emfinger did not participate)

Williams v. Williams, 2023-CA-00992-COA (Civil – Domestic Relations)
Dismissing appeal of a decision granting a divorce for lack of final, appealable judgment in a divorce case.
(10-0: Carlton for the Court)

Rash v. State, 2023-KA-01284-COA (Criminal – Felony)
Affirming conviction of being a felon in possession of a firearm, holding that there was no merit to the pro se arguments that the trial court failed to properly instruct the jury, that trial counsel provided ineffective assistance, that the State committed prosecutorial misconduct, or that the deputy lacked probable cause or reasonable suspicion for the traffic stop that started it all.
(8-1-0: Carlton for the Court; McDonald concurred in result only without writing; Westbrooks dissented without writing)

Patterson v. State, 2024-KA-00268-COA (Criminal – Felony)
Affirming conviction of aggravated assault and possession of a firearm by a felon, holding that the defendant’s rights to confrontation and a fair trial were not violated by the hearsay testimony where a hearsay objection was sustained and no curative instruction was sought and that the verdict was not against the overwhelming weight of the evidence.
(10-0: Carlton for the Court)

Lenoire v. State, 2024-KM-00035-COA (Criminal – Misdemeanor)
Reversing conviction of practicing law without a license, holding that the circuit court did not err in denying the defendant’s motion to dismiss the charging affidavit, but that the circuit court’s commentary during the pronouncement of the guilty verdict created a reasonable doubt about the presumption of impartiality and amounted to plain error and that the defendant was deprived of his right to a jury trial and right to counsel.
(6-3: Barnes for the Court; Lawrence concurred in part and dissented in part, joined by Carlton and Emfinger; Weddle did not participate)

Jackson v. State, 2023-KA-01280-COA (Criminal – Felony)
Affirming conviction of three counts of trafficking controlled substances, holding that the good faith exception to the exclusionary rule applied where, though probable cause to support the warrant was lacking, law enforcement reasonably relied on a facially valid warrant.
(7-1-2: Wilson for the Court; Carlton concurred in result only without writing; Westbrooks dissented, joined by McDonald)

Other Orders

  • Roncali v. State, 2023-KA-00173-COA (denying rehearing)
  • Roberts v. Roberts, 2023-CA-00934-COA (denying rehearing)
  • Terry v. State, 2023-KA-00979-COA (denying rehearing)

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Mississippi Court of Appeals Decisions of June 17 and June 24, 2025

The Mississippi Court of Appeals handed down a total of sixteen opinions between last week and today. You can read summaries below.

June 17, 2025

Briggs v. Jackson, 2023-CA-01241-COA (Civil – Domestic Relations)
Affirming in part and reversing in part the chancellor’s judgment awarding the mother physical care, custody, and control of two minor children and granting the father visitation rights, holding that the court did not err in its Albright analysis but remanding on the issues of providing coverage of medical expenses, calculation of child support, and visitation schedule.
(10-0: Emfinger for the Court)

Mangum v. State, 2023-KA-01198-COA (Criminal – Felony)
Affirming conviction of multiple counts of touching a child for lustful purposes and sexual battery, holding that the trial court did not err in denying the defendant’s alibi instruction and did not commit plain error in admitting a memory card with photos.
(10-0: McCarty for the Court)

Vaughn v. State, 2024-KA-00012-COA (Criminal – Felony)
Affirming conviction of multiple counts of drive-by-shooting and shooting int a motor vehicle after review of counsel’s Lindsey brief and independent review of the record.
(10-0: McCarty for the Court)

Hines v. PERS, 2023-SA-01400-COA (Civil – State Boards and Agencies)
Affirming the circuit court’s decision affirming the PERS Board of Trustees’ decision to deny on-duty disability retirement benefits, holding that the decision was supported by supported by substantial evidence and was not arbitrary and capricious.
(10-0: Westbrooks for the Court)

Rodriguez v. State, 2023-KA-01159-COA (Criminal – Felony)
Affirming conviction of one count of manslaughter and two counts of second-degree murder, holding that the convictions were supported by sufficient evidence and were not against the overwhelming weight of the evidence, that there was no merit to claims of prosecutorial misconduct, and that the trial court did not abuse its discretion sentencing the defendant to serve forty years on each count to run concurrently.
(9-1-0: Barnes for the Court; Westbrooks concurred in result on without writing)

Other Orders

  • Taylor v. State, 2023-KA-00245-COA (denying rehearing)
  • Wallace v. State, 2023-KA-00721-COA (denying rehearing)

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June 24, 2025

Martin v. Martin, 2024-CA-00228-COA (Civil – Custody)
Affirming the chancellor’s decision denying a petition for custody modification, holding that where there is no finding of an adverse impact there was no need to perform an Albright analysis and modification was not warranted.
(10-0: St. Pe’ for the Court.)

Martin v. Martin, 2024-CA-00222-COA (Civil – Domestic Relations)
Affirming the chancellor’s contempt finding in a divorce proceeding, holding that the chancellor did not err in finding the ex-wife in contempt of the divorce judgment and that she failed to prove her inability to comply and finding no abuse of discretion in the chancellor using contempt power of incarceration to enforce compliance.
(10-0: Weddle for the Court)

Boyd v. Jones County, Mississippi, 2024-CA-00290-COA (Civil – Torts)
Dismissing appeal for want of final, appealable order.
(10-0: McCarty for the Court)

Howard v. Howard, 2023-CA-01029-COA (Civil – Domestic Relations)
Affirming the chancellor’s findings in a divorce proceeding, holding that the chancellor did not err in determining equitable distribution or periodic alimony, or in failing to take into consideration supplemental security income benefits received by the minor child in determining child support.
(10-0: Westbrooks)

McHard, McHard, Anderson & Associates v. Robertson, 2023-CA-00913-COA (Civil – Eminent Domain)
Affirming the chancellor’s decision in an eminent domain case, holding that the petitioner failed to prove that its proposed road was necessary.
(9-0: Carlton for the Court; Emfinger did not participate)

Dowdy v. Grayson, 2023-CA-00985-COA (Civil – Torts)
Affirming on direct appeal and reversing on cross-appeal, holding that the circuit court did not err in granting a directed verdict on a claim for malicious prosecution but holding that the circuit court erred in dismissing a counterclaim of fraud.
(5-2-3: Barnes for the Court; McDonald concurred in part and in the result without writing; Westbrooks concurred in result only without writing; Wilson dissented, joined by Lawrence and Emfinger, and joined in part by Westbrooks)

Brodie v. Brodie, 2023-CA-01397-COA (Civil – Domestic Relations)
Affirming the chancellor’s rulings in a divorce matter, holding that the chancellor did not err in reversing its initial ruling under Rule 59(e), in granting divorce on the grounds of habitual cruel and inhuman treatment, or in the division of marital property.
(9-1-0: Barnes for the Court; McCarty concurred in part and in the result without writing)

Gombako-Amos v. Amos, 2023-CA-01253-COA (Civil – Domestic Relations)
Affirming judgment of contempt in a divorce proceeding, holding that the chancellor did not err in finding that the ex-wife was in contempt for failing to comply with a provision of the property settlement agreement.
(6-4: Wilson for the Court; Carlton and Westbrooks concurred in part and dissented in part without writing; McDonald concurred in part and dissented in part, joined by Carlton, Westbrooks, and McCarty)

Bhatti v. Board of Supervisors of Coahoma County, Mississippi, 2024-CA-00027-COA (Civil – Other)
Affirming the circuit court’s dismissal of a claim to remove a bust of Ghandi from courthouse grounds, holding that the circuit court did not err in finding that claim amounted to a mandamus action and that the petitioner lacked standing.
(8-1*-0: Weddle for the Court; Westbrooks specially concurred, joined by McDonald; Barnes did not participate)

Melton v. State, 2024-KM-00337-COA (Criminal – Misdemeanor)
Reversing conviction of misdemeanor child abuse, holding that the defendant did not expressly waive her constitutional right to a jury trial.
(6-4: Wilson for the Court; Emfinger dissented, joined by Carlton, Lawrence, and St. Pe’)

Heirs of Morsi v. JB Hunt Corporation, 2024-WC-00399-COA (Civil – Workers’ Comp)
Affirming the MWCC’s finding that a claim was not compensable, holding that the MWCC’s finding that the “found dead” presumption did not apply was supported by substantial credible evidence and was neither arbitrary nor capricious.
(6-1-3: Carlton for the Court; McCarty concurred in result only without writing; Westbrooks dissented, joined by McDonald and Lawrence)

Other Orders

  • Taylor v. State, 2023-CA-00738-COA (granting leave to file amicus brief)
  • Craft v. State, 2023-KA-00915-COA (denying rehearing)
  • Johnson v. Cleveland, 2023-CA-01011-COA
  • Foster v. Kovachev, 2023-CP-01030-COA (granting “motion regarding settlement,” dismissing certain parties to the appeal, granting in part appellees’ motion to dismiss appeal and request for sanctions and attorney’s fees, and dismissing appeal)
  • Blumer v. Majestic Homes, LLC, 2024-CA-00163-COA (granting motion for appellate attorney’s fees)

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