Tag: Sufficency and Weight of Evidence

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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Mississippi Court of Appeals Decisions of June 10, 2025

The Mississippi Court of Appeals handed down six opinions today. There is a child support case, a real property case resolved on the doctrine of res judicata, a contract case involving a rent-to-own contract, and three felony conviction appeals.

Brister v. Martin, 2022-CP-00931-COA (Civil – Domestic Relations)
Affirming the chancery court’s final judgment of child support, holding that the chancellor did not err by issuing a new child support order following a new trial that was conducted after notice to the parties that prior orders were vacated or likely to be vacated.
(9-0: St. Pe’ for the Court)

Okorie v. Citizens Bank, 2024-CP-00462-COA (Civil – Real Property)
Affirming the chancellor’s dismissal of a complaint to quiet and confirm title, holding that the claim was barred by the doctrine of res judicata.
(10-0: Lawrence for the Court)

Stubbs v. Ramsey, 2024-CA-00289-COA (Civil – Contract)
Affirming the chancery court’s judgment granting declaratory and injunctive relief concerning a rent-to-own purchase home, holding that the chancellor did not err in finding that the rent-to-own contract was valid and binding even after the passing of a termination date, in not finding the renter committed a material breach by not completing the purchase by the specified closing date, or in fashioning an equitable remedy to prevent the renter from forfeiting payments made where the failure to close was no one person’s fault.
(9-1-0: McDonald for the Court; Wilson concurred in part and in the result without writing)

Walker v. State, 2023-KA-01012-COA (Criminal – Felony)
Affirming conviction of manslaughter, holding that the State did not improperly comment on whether the defendant would testify and that the defendant failed to show that his counsel was ineffective for failing to object, and holding that the record was insufficient to address the issue of whether counsel was ineffective for failing to respond to discovery.
(7-2-0: Westbrooks for the Court; Wilson and Emfinger concurred in part and in the result without writing; Weddle did not participate)

Davis v. State, 2023-KA-00884-COA (Criminal – Felony)
Affirming conviction of attempted murder for shooting at someone with an AR-15 at close range, holding that the evidence was sufficient to support the conviction and that the verdict was not against the overwhelming weight of the evidence.
(10-0: Wilson for the Court)

Quinn v. State, 2023-KA-01143-COA (Criminal – Felony)
Affirming conviction of second-degree murder, holding that the trial court did not err by excluding a defense witness or evidence about the victim’s purportedly violent character.
(7-3-0: Carlton for the Court; Wilson, McDonald, and McCarty concurred in part and in the result without writing)

Other Orders

  • JLS Farm Partnership v. ’27 Break Hunting Club, Inc., 2023-CA-00434-COA (denying rehearing)
  • Haynes v. State, 2023-KA-00861-COA (denying rehearing)
  • McDonald v. Pruwitt, 2023-CA-01312-COA (granting appellant’s motion for appellate attorney’s fees)

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Mississippi Supreme Court Decisions of May 29, 2025

The Mississippi Supreme Court handed down two opinions today. One handles four consolidated cases on interlocutory appeal where the defendants contested consolidation and denial of severance. The other case is a direct appeal of murder convictions.

Freese v. Estate of Alford, 2023-IA-00332-SCT consolidated with 2023-IA-00333-SCT, 2023-IA-00335-SCT, 2023-IA-00336-SCT (Civil – Contract)
Affirming the circuit court’s decision adopting the special master’s recommendation granting the plaintiffs’ motions to consolidate claims related to the defendants’ handing and distribution of settlement funds from mass-tort actions and denying the defendants’ motions to sever and re-open discovery, holding that there was no error in consolidating the cases under Rule 20(a), there was no error consolidating under Rule 42(a) and denying severance under Rule 42(b), and there was no abuse of discretion in denying the defendants’ motions to re-open discovery.
(9-0)

Coleman v. State, 2023-KA-01103-SCT (Criminal – Felony)
Affirming conviction of two counts of first-degree murder, holding that the verdict was not against the overwhelming weight of the evidence.
(9-0)

Other Orders

  • Eason v. South Central Regional Medical Center, 2023-CT-00261-SCT (denying cert)
  • Williams v. State, 2023-CT-00346-SCT (denying cert)
  • In the Interest of A.R.H., a Minor: Malone v. Jackson County Department of Child Protection Services, 2023-CT-00420-SCT (granting cert)
  • Simmons v. State, 2023-CT-00518-SCT (denying cert)
  • Hawkins v. State, 2023-KA-00978-SCT (denying rehearing)

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Mississippi Court of Appeals Decisions of May 13 and May 20, 2025

The Mississippi Court of Appeals handed down six opinions last week and a hearty eleven today. There are some interesting cases in the mix and a summary of each is below.

May 13, 2025

May v. May, 2023-CA-01022-COA, consolidated with 2023-M-01401-COA (Civil – Domestic Relations)
Vacating the chancellor’s order of contempt for failure to pay child support but affirming his denial of the motion to recuse, holding that the chancery court did not have personal jurisdiction for purposes of a contempt ruling for want of service under Rule 81, but that although the chancellor erred in finding that the motion for recusal was untimely it was nevertheless within his discretion to deny it.
(9-1-0: Lawrence concurred in result only without writing)

Fortner v. IMS Engineers, Inc., 2023-CA-01170-COA (Civil – Personal Injury)
Affirming summary judgment in favor of a company that had been engaged to oversee and manage road improvement projects until about ten months before a fatal accident occurred, holding that there was no evidence that the company owed a duty of care once its involvement ended and the City took over the management role.
(8-1-0: Wilson concurred in part and in the result without writing; Carlton did not participate)

Horne v. Dolgencorp LLC, 2024-CA-00376-COA (Civil – Personal Injury)
Affirming summary judgment in a trip-and-fall case after a customer tripped on merchandise in an aisle, holding that there was no evidence that the store had actual or constructive knowledge of the presence of the dangerous condition.
(8-2: Westbrooks and McDonald dissented without writing)

Shipley v. Shipley, 2023-CA-00814-COA (Civil – Custody)
Affirming judgment modifying the custody arrangement by giving the mother sole physical and legal custody, holding that the chancellor did not err in modifying physical and legal custody based the mother’s relocation to Oregon, that the chancellor’s did not err by failing to consider the totality of the circumstances, that the chancellor did not give undue weight to one Albright factor, and that the argument that the chancellor erred by not sua sponte appointing a GAL to investigate allegations of abuse was procedurally barred, and declining to address child support in after ruling that the chancellor did not err in its custody decision.
(7-3: Wilson dissented, joined by Carlton and Emfinger)

Magyar v. Shiers, 2023-CA-00682-COA (Torts – Other)
Affirming bench trial decision finding the defendant liable for malicious prosecution and awarding compensatory and punitive damages, holding that there was evidence to support each element of malicious prosecution where the defendant had filed charging affidavits against the plaintiffs alleging that they were intentionally damaging his property by allowing sewage from a leaking septic system to run into his property but the justice court dismissed the charges for lack of evidence.
(10-0)

Mueller Industries, Inc. v. Waits, 2023-WC-00494-COA (Civil – Workers’ Comp)
Reversing the Commission’s decision ordering a lump sum payment, holding that the information in the record did not permit the Court to review the Commission’s computations of TPD and remanding for the Commission to determine whether TPD was properly calculated and credited, determine whether the claimant received more than the maximum weekly benefit and whether the Employer/Carrier should receive a credit for overpayment, and ensure that the Employer/Carrier was not charged with penalties or interest after the date the Commission found that no further benefits were owed.
(8-2: Westbrooks concurred in part and dissented in part, joined by McDonald and joined in part by McCarty)

Other Orders

  • Mount v. State, 2023-KA-00807-COA (denying rehearing)
  • Begnaud v. Begnaud, 2023-CA-00822-COA (denying rehearing)
  • In the Matter of Estate of Tate: Garfield v. Tate, 2023-CA-01262-COA (denying rehearing)

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May 20, 2025

Mask v. Baggett, 2024-CA-00181-COA (Civil – Domestic Relations)
Affirming the chancellor’s decisions denying a motion for contempt and attorney’s fees in a divorce action for lack of proof, holding that the chancellor’s finding that neither party had sufficient proof to support motions for contempt and attorney’s fees was supported by the record and lack of record, that the appellant failed to show that the chancellor abused his discretion by denying the Rule 59 motion due to clear error or manifest injustice.
(10-0)

Bickes v. Swain, 2024-CA-00187-COA (Civil – Personal Injury)
Affirming summary judgment in favor of the mother of the bride and the venue in a premises liability suit filed by a wedding guest who hurt his leg stepping off a porch at the venue, holding that the circuit court did not err in granting summary judgment without conducting a hearing that had been set and that summary judgment was proper because there was no evidence of a dangerous condition that could support liability regardless of whether the plaintiff was classified as a licensee or an invitee.
(7-1-1: Westbrooks concurred in result only without writing; McDonald concurred in part and dissented in part without writing; Weddle did not participate)

Page v. State, 2024-CP-00613-COA (Civil – Other)
Affirming the circuit court’s rejection of the plaintiff’s motion for discovery in the circuit court in which he was convicted of attacking a woman with a knife two decades ago, holding that the circuit court did not err in rejecting the claim as a standalone claim separate from a PCR petition though the circuit court incorrectly “denied” the motion instead of “dismissing” the motion for lack of personal jurisdiction.
(10-0)

Jones v. State, 2023-KA-01157-COA (Criminal – Felony)
Affirming conviction of armed robbery, holding that the circuit court did not commit plain error in excluding evidence of a witness’s prior convictions because the weight of evidence of guilt was overwhelming, that the Miranda violation arguments were procedurally barred and did not merit reversal under the plain error doctrine.
(9-1-0: Wilson concurred in part and in the result without writing)

Pickett v. State, 2024-KA-00511-COA (Criminal – Felony)
Affirming conviction of one count of burglary of a dwelling with intent to commit a larceny, holding that the issue of the circuit court’s denial of the motions for directed verdict was procedurally barred and lacked merit because the evidence was sufficient and the verdict not against the overwhelming weight of the evidence and the circuit court did not err in denying the motions without making specific findings of fact.
(10-0)

Mortera v. Kona Villa Owners Association, Inc., 2023-CA-01297-COA (Civil – Property Damage)
Reversing summary judgment that was entered in favor of an HOA that declined to pursue a property damage claim on behalf of a condo unit owner, holding that based on the bylaws and insurance policy terms there was a genuine fact dispute over the HOA’s status of a fiduciary.
(9-0)

Parrott v. Frierson, 2023-SA-01245-COA (Civil – State Boards and Agencies)
Affirming the chancery court’s dismissal of taxpayers’ petition appealing the Board of Tax Appeals’ order, holding that there was substantial evidence to support the chancellor’s finding that “yard sales” where the taxpayers purchased storage units and sold the contents were not isolated, casual, or occasional sales but sales made in the course of business and subject to sales tax, that the chancellor did not err in finding that the MDOR’s income tax assessment was prima facie correct, that the taxpayers did not overcome the presumption of correctness, and that the chancellor properly affirmed assessment of penalties and interest.
(10-0)

Forrest County General Hospital v. Knight, 2023-WC-01277-COA (Civil – Workers’ Comp)
Affirming the Commission’s order that affirmed the AJ’s order that the claimant suffered an 80% industrial loss of use of the right leg and reducing it to 60% due to apportionment but reversed the AJ’s finding of no loss of wage-earning capacity and awarded 15% LWEC for the low back injury, holding that under the deferential standard of review there was evidence to support the Commission’s decision.
(10-0)

Roach v. Roach, 2024-CA-00236-COA (Civil – Domestic Relations)
Affirming the chancery court’s denial of the ex-wife’s Rule 60(b) motion after the ex-husband was granted a divorce on the grounds of habitual cruel and inhumane treatment, holding that the chancery court did not err in finding that service of process by certified mail was proper and that the ex-wife failed to show exceptional circumstances related to her claim that her prior attorney was ineffective warranting relief under Rule 60(b).
(10-0)

Allen & Smith Insurance Agency, Inc. v. Merrill, 2023-CA-00468-COA (Civil – Contract)
Affirming summary judgment granted in favor of a former employee in a breach of contract claim alleging violations of a non-compete agreement, holding that the court had appellate jurisdiction even though the judgment did not include the language “no just reason for delay” and that the circuit court did not err in finding certain provisions ambiguous and striking them from the agreement.
(5-5: Carlton and Emfinger concurred in part and dissented in part; Wilson dissented, joined by Barnes, and McCarty and joined in party by Carlton and Emfinger)

NOTE – I hope this one goes up on cert. My impression is that the holding of the principal opinion would relax the Rule 54(b) standard as it has been enforced. In the meantime, I would not stop putting all of the Rule 54(b) magic language in your judgments.

Strong v. Acara Solutions, Inc., 2024-CA-00455-COA (Civil – Personal Injury)
Reversing summary judgment in favor of the defendant based on judicial estoppel after the plaintiff failed to disclose this personal injury claim in her bankruptcy proceedings, holding that the “acceptance” element of judicial estoppel was not met where the bankruptcy as dismissed without a discharge.
(8-2: Emfinger dissented, joined by Wilson)

Other Orders

  • Culbertson v. State, 2023-KA-00588-COA (denying rehearing)
  • Boone v. State, 2023-KA-00684-COA (denying rehearing)
  • Gibson v. State, 2023-KA-00704-COA (denying rehearing)
  • Grimes v. State, 2023-KA-01254-COA (denying rehearing)
  • Burnette v. State, 2023-CP-01330-COA (denying rehearing)

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Mississippi Court of Appeals Decisions of May 6, 2025

The Mississippi Court of Appeals handed down nine opinions today. There are several felonies, a wrongful death summary judgment case, a workers’ compensation intoxication case, a wills and estate case, and a few PCR cases. Interestingly enough, the last two PCR cases resulted in voting-line-soup pluralities.

Carr v. State, 2024-KA-00185-COA (Criminal – Felony)
Affirming conviction of fondling and sexual battery, holding that the trial court did not abuse its discretion in denying funding for a defense expert, that the trial court did not abuse its discretion in allowing testimony about other alleged prior bad acts, that one conviction of fondling did not merge with the conviction of sexual battery, and that the indictment was not insufficient for the defendant to prepare an adequate defense.
(9-1-0: St. Pe’ opinion; McCarty concurred in part and in the result without writing)

Smith v. State, 2024-KA-00162-COA (Criminal – Felony)
Affirming convictions of ten counts of possession of child pornography but reversing convictions of two counts of sexual battery, holding that the evidence was not sufficient to support the sexual battery convictions, but that the doctrine of retroactive misjoinder did not require reversal of the other convictions and remanded to reconsider sentencing.
(10-0: Weddle opinion)

Good v. Sanders, 2023-CA-00669-COA (Civil – Wrongful Death)
Affirming the trial court’s grant of summary judgment in a wrongful death case where a pedestrian was struck and killed by a driver, holding that there was no evidence that the defendant breached any duty owed to the pedestrian and that the trial judge did not abuse her discretion in not recusing herself.
(7-3*-0: Lawrence opinion; Westbrooks specially concurred, joined by Weddle and St. Pe’ and joined in part by McCarty; McCarty concurred in part and in the result without writing)

Ruffin v. State, 2024-CA-00867-COA (Civil – PCR)
Affirming denial of PCR motion where the petitioner failed to include a supporting affidavit with her PCR motion and acknowledged at her plea hearing that she was freely and voluntarily admitting her guilt.
(9-1-0: McDonald opinion; Wilson concurred in part and in the result without writing)

Estate of Anderson: Brown v. Fitzgerald, 2023-CA-01131-COA (Civil – Wills, Trusts & Estates)
Affirming the chancellor’s decision setting aside a deed and ordering conveyance pursuant to the will, holding that substantial evidence supports the chancellor’s findings that the testator suffered from a weakness of intellect and the consideration for the deed was grossly inadequate.
(10-0: Wilson opinion)

Nicolaou v. State, 2023-CP-01007-COA (Civil – PCR)
Vacating the circuit court’s denial of a PCR motion as successive because the circuit court lacked jurisdiction to adjudicate it.
(10-0: Carlton opinion)

Ladner v. Hinton Homes LLC, 2024-WC-00941-COA (Civil – Workers’ Comp)
Affirming the MWCC’s decision that a claim was not compensable under the intoxication provision, holding that substantial evidence supported the MWCC’s finding that the claimant failed to prove that intoxication was not a contributing cause of the accident.
(8-2-0: Carlton opinion; Westbrooks and McDonald concurred in result only without writing)

Taylor v. State, 2023-CA-00738-COA (Civil – PCR)
Affirming denial of a PCR motion, holding that although the sentence exceeded the maximum the PCR motion was barred by the statute of limitations.
(3-2-5: Wilson principal opinion; Emfinger concurred in part and in the result without writing; Lawrence concurred in part and in the result, joined by Emfinger, Weddle, and Set. Pe’, and joined in part by Westbrooks and McCarty; McDonald dissented without writing; McCarty dissented, joined by Barnes, Carlton, Westbrooks, and McDonald.)

Underwood v. State, 2024-CP-00423-COA (Civil – PCR)
Affirming denial of PCR motion, holding that the trial court did not err in denying the claims that the petitioner’s plea was involuntary and that his attorney rendered ineffective assistance.
(4-1-4: McCarty principal opinion; Westbrooks concurred in result only without writing; Lawrence concurred in part and dissented in part, joined by Wilson, Emfinger, and St. Pe’; Weddle did not participate.)

Other Orders

  • Nailer v. State, 2023-KA-00627-COA (denying rehearing)

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Mississippi Court of Appeals Decisions of April 29, 2025

The Mississippi Court of Appeals handed down two opinions today. One is a PCR case and the other is a direct appeal of a felony conviction. Not much to upsell today.

Harris v. State, 2024-CA-00231-COA (Civil – PCR)
Affirming denial of PCR motion, holding that the ineffective-assistance-of-counsel claim lacked merit.
(10-0)

McGee v. State, 2023-KA-00083-COA (Criminal – Felony)
Affirming conviction of possession of a firearm by a felon, holding that the trial court did not abuse its discretion by allowing evidence of his prior arrest, that the conviction was supported by sufficient evidence, that the claim that the indictment was procedurally barred because it was not raised in the trial court, that the search of the defendant’s car was not illegal, and that the defendant was not subject to an ex post facto violation.
(8-2-0: McDonald concurred in part and in the result without writing; Westbrooks concurred in the result only without writing)

Other Orders

  • Fox v. State, 2023-KA-00596-COA (denying rehearing)
  • Young v. Martin, 2023-CA-00980-COA (denying rehearing)

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