Tag: Summary Judgment

Mississippi Court of Appeals Decisions of August 25, 2026

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

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

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

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

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

Other Orders

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

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Double Issue: Mississippi Supreme Court Decisions of August 13 and August 20, 2026

The Mississippi Supreme Court has handed down seven decisions in the last two weeks. The offerings from August 13 are notable for two election contests with one reversal and Justice Wilson’s first vote in a decision. The marquee case from August 20 was the decision in Carly Gregg’s appeal. The convictions and sentences were upheld notwithstanding errors by the trial court.

August 20, 2026

Carroll Brothers, LLC v. Graham, 2025-CA-00667-SCT (Civil – State Boards and Agencies)
Affirming the chancery court’s grant of summary judgment in favor of the Department of Revenue, holding that the Department presented sufficient evidence to establish that it provided noticed by mailing assessments to the taxpayers and that the taxpayers failed to overcome the strong presumption that the notice statutes were constitutional.
(7-1: Ishee for the court; Coleman dissenting)

House v. State, 2025-KA-00721-SCT (Criminal – Felony)
Affirming conviction of manslaughter and aggravated assault, holding that there is sufficient evidence to support the aggravated assault conviction, that the trial court did not abuse its discretion limiting a defense witness’s testimony where the defendant failed to supplement discovery regarding additional facts from the witness, and that the trial court did not abuse its discretion granting and aiding and abetting jury instruction.
(8-0: Coleman for the court)

Gregg v. State, 2024-KA-01178-SCT (Criminal – Felony)
Affirming convictions of first degree murder, attempted murder, and tampering with evidence and a sentence to life imprisonment and ten years, holding that the trial court’s statement that it does not grant continuances was in friction with controlling precedent vote was not reversible error where no motion for continuance was filed, no adverse ruling, and no specific prejudice; that the improper ordering of a sanity mental evaluation did not merit reversal given lack of objection, later insanity notice, use of insanity at trial, and an absence of a specific showing of prejudice affecting the verdict; that the trial court erred in allowing a State’s witness to testify regarding the plot of the novel Crime and Punishment but that the error did not contribute to the verdict obtained beyond a reasonable doubt; that the cumulative effect of these errors did not require reversal; that the sentence to life imprisonment was legal; that the prosecutor’s statements during closing arguments did not require reversal; and that the sentence was not against the overwhelming weight of the evidence.
(7-1-0: Coleman for the court; Wilson concurred in result only without writing)

Merrimon v. State, 2025-KA-00579-SCT (Criminal – Felony)
Affirming conviction of receiving stolen property, holding that the judge did not err in granting a jury instruction on possession, that the evidence was sufficient to support the conviction, and that the verdict was not against the overwhelming weight of the evidence.
(8-0: Sullivan for the court)

Other Orders

  • Smith v Dennis Wright & Son Plumbing, 2025-CT-00046-SCT (denying cert)
  • Braxton v. State, 2025-CT-00051-SCT (dismissing cert petition)
  • Ashford v. Belcher, 2025-CA-00569-SCT (denying rehearing)

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August 13, 2026

Johnson v. Nichols, 2025-CP-00153-SCT (Civil – Contract)
Affirming the circuit court’s grant of summary judgment based on the statute of limitations, holding that the pro se appellant waived review of the summary judgment order by failing to identify any error in it, that the requested supplementation argument would not warrant reversal, and that the trial court did not commit any error on the merits.
(8-0: Coleman for the court)

Cathey v. Tanksley, 2025-EC-00724-SCT (Civil – Election Contest)
Reversing the circuit court’s decision in an election contest, holding that a special election was warranted because the breaking of a ballot box is sealed by the city clerk destroyed the sanctity of the election and opened the door for corruption and fraud whether there was actual fraud or not.
(7-0: Ishee for the court; Wilson did not participate)

In Re: Petition to Disqualify Adams: Littleton v Adams, 2026-EC-00618-SCT (Civil – Election Contest)
Affirming in part and vacating in part a circuit court’s judgment against the election commission in a residency challenge, holding that the election commission lacked jurisdiction to disqualify a candidate for county court judge.
(7-0: King for the court; Wilson not participating)

Other Orders

  • Banks v. State, 2024-CT-00881-SCT (denying cert)
  • Rush v. State, 2024-CT-00963-SCT (denying cert)
  • Williams v. Williams, 2025-IA-01525-SCT (denying motions for rehearing)
  • Chamberlin v. State, 2025-DR-01034-SCT (granting motion to dismiss third petition for PCR and dismissing petition for PCR)

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Mississippi Court of Appeals Decisions of August 18, 2026

The Mississippi Court of Appeals handed down eight opinions today on a wide range of areas of law. You can read a summary of each below.

Ramsey v. State, 2025-KA-00324-COA (Criminal – Felony)
Affirming conviction of kidnapping and contributing to the delinquency of a minor, holding that the trial court did not err in denying a request for proposed jury instruction on duress or in failing to sua sponte instruct the jury on the defense of necessity, that the ineffective assistance of counsel claim should be denied without prejudice to be raised on a PCR motion, that the cumulative error doctrine did not apply, and that the trial court did not commit plain error by failing to give a necessity instruction despite the lack of a request for such an instruction.
(9-1-0: Emfinger for the court; Wilson concurred in part and in the result without writing)

Powell v. Natchez Hospital Company, LLC, 2024-CA-01054-COA (Civil – Wrongful Death)
Affirming the circuit court’s grant of summary judgment in favor of the hospital and an intentional tort claim brought by the wrongful death beneficiaries of an employee of the hospital who contracted COVID and died from related complications, holding that the grant of summary judgment in favor of the Hospital was proper because the there was no evidence of tortious intentional conduct and therefore the claims were barred by the exclusivity provisions of the MWCA but that the dismissal should have been with prejudice.
(10-0: Westbrooks for the court)

Williams v. State, 2024-KA-01155-COA (Criminal-Felony)
Affirming conviction of first-degree murder, holding that the trial court did not err by refusing an injury instruction and the lesser included offense of heat-of-passion manslaughter.
(10-0: Wilson for the court)

Gatlin v. Hattiesburg Public School District, 2025-CP-00400-COA (Civil-Torts)
Affirming summary judgment in an MTCA claim against a school district for negligent supervision, holding that the evidence showed that the school district exercised ordinary care and took reasonable steps to minimize foreseeable risks.
(10-0: Carlton for the court)

Buskirk v. Hodge, 2024-CA-01208-COA (Civil – Custody)
Affirming the Chancellor’s ruling in a custody dispute, holding that the chancellor did not commit manifest error in granting the father’s motion for modification and awarding awarding joint legal custody and extended visitation.
(10-0: Barnes for the court)

Estate of Thompson: Thompson v. Bird, 2024-CA-01414-COA (Civil – Wills, Trusts & Estates)
Reversing the Chancellor’s order dismissing a petition to reopen an estate as time barred that was filed sixteen years after the estate was closed, holding that the heirs sufficiently pleaded that the right to contest the will had been fraudulently concealed so concealment fraud provision of section 91-7-23 applied and extended the statute of limitations.
(6-4: McDonald for the Court; Weddle dissented, joined by Barnes, Carlton, and Wilson)

Chatman v. State, 2025-KA-00170-COA (Criminal – Felony)
Affirming re-sentencing for two counts of gratification of lust on remand for retrial or re-sentencing, holding the circuit court did not err by failing to recuse herself or by sentencing the defendant to what he believed to be a harsher sentence for appealing his conviction.
(7-2-0: Weddle for the court; Westbrook specially concurred, joined by Lassitter St. Pe’; McDonald did not participate)

ABG Contractors, Inc. v. Graham, 2025-CA-00329-COA (Civil – State Boards and Agencies)
Reversing the chancery court’s grant of summary judgment in favor of the department of revenue, holding that the company had presented sufficient evidence in its claims appealing an audit assessment.
(7-1-2: Lawrence for the court; Wilson concurred in result only without writing; McDonald concurred in part and dissented in part without writing; McCarty dissented, joined in part by McDonald)

Other Orders

  • In the Interest of J.S.: Betsi S. v. the Mississippi Department of Child Protection Services, 2024-CP-01061-COA (denying rehearing)
  • Carter v. State, 2024-SA-01131-COA (denying rehearing)
  • Nettles v. Nettles, 2024-CA-01263-COA (denying rehearing)
  • Ashby v. State, 2025-CP-00076-COA (denying rehearing)

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Mississippi Court of Appeals, Decisions of August 11, 2026

The Mississippi Court of Appeals handed down five opinions today. We got a real property special exception case, a PCR case, a products liability case, a distribution of marital property case, and a direct criminal appeal.

City of Natchez v. Banks, 2025-CA-00408-COA (Civil – Real Property)
Affirming the Circuit Court’s decision reversing the Natchez Planning Commission, holding that the Commission acted outside its apparent authority by revoking a special exception.
(10-0: Emfinger for the court)

Robertson v. State, 2025-CP-00806-COA (Civil – PCR)
Affirming dismissal of a PCR motion seeking relief from partial revocation of suspended sentence, holding that the circuit court did not err in summarily dismissing the claim.
(10-0: Emfinger for the court)

McGilberry v. SVP Sewing Brands, LLC, 2025-CA-00904-COA (Civil – Other Torts)
Affirming the Circuit Court’s grant of summary judgment dismissing a product liability case, holding that the plaintiff did not come forward with evidence to prove causation.
(10-0: Emfinger for the court)

Practice Point – This is not something you want to read:

Winton v. Dean, 2024-CA-01326-COA (Civil – Domestic Relations)
Affirming the Chancellor’s property division decision, holding that the chancellor did not err in the methodology or calculation with respect to the application of COLA to one side’s PERS benefits.
(7-3-0: Westbrooks for the court; Carlton, Wilson, and Emfinger concurred in result only without writing)

Thompson v. State, 2024-KA-01296-COA (Criminal – Felony)
Affirming conviction of first degree murder, holding that the defendant’s rights under the Confrontation Clause were not violated because the statement at issue was made during an emergency and was non-testimonial in nature and that the trial court did not abuse its discretion in refusing a stand your ground jury instruction.
(7-2-1: Weddle for the court; Carlton, Wilson, and McDonald concurred in part and in the result without writing; Westbrooks concurred in part and dissented in part, joined by McDonald)

Other Orders

  • Stallworth v. State, 2026- TS-00431-COA (suspending the deadline to appeal)

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Mississippi Court of Appeals Decisions of June 16, 2026

The Mississippi Court of Appeals handed down four opinions today. There is a divorce case with an interesting forgery issue. There is also a negligent-versus-intentional-conduct tort case case. The other two are a felony appeal and a med mal verdict appeal.

Lavant v. State, 2024-KA-00953-COA (Criminal – Felony)
Affirming conviction of one count of aggravated trafficking of a controlled substance, holding that the trial court did not abuse its discretion in limiting cross-examination of a State’s witness.
(10-0: Weddle for the Court)

Merritt v. Merritt, 2024-CA-01158-COA (Civil – Domestic Relations)
Reversing the chancery court’s decision denying a motion to set aside and nullify judgment of divorce based on a claim of forgery, holding that the chancellor abused his discretion in denying relief because the movant proved by clear and convincing evidence that the divorce was procured by fraud and misrepresentations by the respondent or his attorney.
(10-0: Emfinger for the Court)

Note – This one is wild.

Brent v. Ridgeway, 2024-CA-01238-COA (Civil – Torts)
Reversing on direct appeal and affirming on cross appeal after a jury verdict for negligent infliction of emotional distress, holding that there was no basis for a claim of negligent infliction of emotional distress because all alleged acts by the defendant were intentional.
(6-1: Emfinger for the Court; Carlton, Lawrence, and McCarty did not participate)

Practice Point – This opinion is an interesting continuation of a line of cases that intentional acts cannot support claims of negligence.

Greer v. Vicksburg Healthcare, LLC, 2024-CA-00809-COA (Civil – Med Mal)
Affirming the trial court’s denial of the plaintiff’s motion for JNOV after a defense verdict, holding that the jury’s verdict was not against the overwhelming weight of the evidence.
(9-1: Wilson for the Court; McDonald concurred in part and dissented in part without writing)

Other Orders

  • Oates v. State, 2024-KA-00267-COA (denying rehearing)
  • Barnes v. City of McComb, 2024-CA-00989-COA (denying rehearing)
  • Smith v. Dennis Wright & Son Plumbing, 2025-WC-00046-COA (denying rehearing)

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Mississippi Supreme Court Decisions of June 11, 2026

The Mississippi Supreme Court handed down five unanimous opinions today with three (3) reversals. The headliner is Lynn Fitch versus Shad White over whether the AG has sole authority to manage litigation and prosecute suits to recover money on behalf of the state.

Smith v. Mississippi Farm Bureau Casualty Insurance Company, 2025-CA-00166-SCT (Civil – Insurance)
Affirming the circuit court’s denial of a motion to intervene in a wrongful death lawsuit, holding that the circuit court did not err in denying the motion as untimely.
(7-0: Griffis for the Court)

Rig Masters, Inc. v. Colenberg, 2024-IA-00506-SCT (Civil – Wrongful Death)
Reversing the trial court’s denial of summary judgment on interlocutory appeal on a negligent entrustment claim, holding that there was no evidence that the title-holder knew or should have known about the driver’s alleged substance abuse problems.
(7-0: Ishee for the Court)

Millette v. Burger, 2024-IA-01152-SCT (Civil – Other)
Reversing the order of a specially-appointed judge who was not assigned to this case granting the plaintiffs’ motion for leave to amend, holding that without an order of reassignment the specially-appointed judge had no authority in the case.
(5-0: Griffis for the Court)

Fitch v. White, 2024-CA-01389-SCT (Civil – State Boards & Agencies)
Reversing the chancery court’s summary judgment, holding that the attorney general possesses authority to prosecute and manage litigation seeking the recovery of state money under sections 7-5-1 and 7-7-211(g) and that the state auditor lacked such authority.
(7-0: Branning for the Court)

Ashford v. Belcher, 2025-CA-00569-SCT (Civil – Real Property)
Affirming the chancery court’s decision confirming title, holding that permission given by the landowner to another precluded the other from adversely possessing the property.
(7-0: Coleman for the Court)

Other Orders

  • In Re: The Rules of Civil Procedure, 89-R-99001-SCT (amending MRCP 4 and 81)
  • CNRS&Z Inc. v. Bridgecrest Acceptance Corporation, 2024-CT-00365-SCT (denying cert)
  • Shelton v. State, 2024-CT-00435-SCT (denying cert)
  • Carter v. State, 2024-CT-01328-SCT (dismissing cert petition as untimely)

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

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

May 19, 2026

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

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

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

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

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

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

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

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

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

Other Orders

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

May 26, 2026

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

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

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

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

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

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

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

Other Orders

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

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June 2, 2026

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

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

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

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

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

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

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

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

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

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

Other Orders

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

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Mississippi Court of Appeals Decisions of March 17, 2026

The Mississippi Court of Appeals handed down nine opinions today. There is an MTCA notice case, an administrative case, a real property case, a personal injury case dismissed after experts were struck, a contract case, a felony, and a few PCR cases. Read on for summaries.

Ashby v. State, 2025-CP-00076-COA (Civil – PCR)
Affirming denial of motion for PCR, holding that the guilty plea was voluntary, knowing, and intelligent and that that ineffective assistance claims and constitutional claims were waived by pleading guilty.
(10-0: Lassitter St. Pe’ for the Court)

Kirk v. State, 2024-CA-01222-COA (Civil – PCR)
Affirming denial of PCR, holding that the guilty plea was voluntary and that the ineffective-assistance-of-counsel claim was without merit.
(10-0: Weddle for the Court)

Barnes v. City of McComb, 2024-CA-00989-COA (Civil – Wrongful Death)
Affirming dismissal of an MTCA wrongful death suit, holding that the trial court did not err in finding that City was not properly served with pre-suit notice.
(5-5: Lawrence for the Court; Wilson, Westbrooks, McDonald, and Emfinger dissented without writing; McCarty dissented, joined by Westbrooks, McDonald, and Emfinger, and joined in part by Wilson)

Failla v. Failla, 2025-CA-00020-COA (Civil – Real Property)
Reversing the chancery court’s decision denying a petition for prohibitive injunction regarding the placement of gate, holding that the chancellor erred in allowing the gate across land subject to an express easement.
(9-1-0: Lawrence for the Court; Wilson concurred in part and in the result without writing)

Bright Beginnings Daycare III and IV v. Miss. Dept. of Human Services, 2024-SA-01008-COA (Civil – State Boards & Agencies)
Affirming the chancery court dismissal of an appeal from an MDHS administrative hearing for failure to exhaust administrative remedies.
(9-1-0: Wilson for the Court; McDonald concurred in result only without writing)

Harris v. Davis, 2024-CA-01018-COA (Civil – Personal Injury)
Affirming the trial court’s grant of summary judgment after striking the plaintiff’s experts, holding that the trial court did not err in striking the expert’s report and opinions as based on speculation and conjecture, in granting summary judgment, or in denying a motion to reconsider prior order limiting discovery.
(6-4: Carlton for the Court; McDonald and McCarty concurred in part and in the result without writing; Wilson concurred in result only without writing; Westbrooks concurred in result only, joined in part by McDonald and McCarty)

Turner v. City of Tupelo, 2024-CA-01146-COA (Civil – Contract)
Affirming the trial court’s dismissal of a breach of contract claim and takings claim based on the statute of limitations, holding that the claims were barred by statutes of limitations (though calculating them differently than the trial court), that the ten-year statute of limitations in sections 15-1-7 and 15-1-9 did not apply, and that the trial court did not err in dismissing the case with prejudice.
(5-4: Carlton for the Court; McDonald dissented without writing; Wilson dissented, joined by McDonald, McCarty, and Emfinger; Weddle did not participate)

Brown v. State, 2024-KA-00741-COA (Criminal – Felony)
Affirming conviction of possession of meth, holding that the trial court did not err in finding the defendant competent to stand trial.
(9-1-0: Barnes for the Court; Westbrooks concurred in result only without writing)

Stringer v. State, 2024-CA-01247-COA (Civil – PCR)
Affirming the trial court’s denial of PCR, holding that the trial court did not err in denying a PCR motion for new trial based on a rifle recall.
(8-1-0: Barnes for the Court; Westbrooks concurred in result only without writing; Carlton did not participate)

Other Orders

  • Higdon v. Pinkston, 2023-CP-00685-COA (denying rehearing)

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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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