Tag: Summary Judgment

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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Mississippi Court of Appeals Decisions of February 3, 2026

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

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

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

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

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

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

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

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

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

Other Orders

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

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Mississippi Supreme Court Decisions of December 11, 2025

The Mississippi Supreme Court handed down two opinions today. One is a voluntary dismissal versus summary judgment dispute and the other addressed where venue was waived by removal to federal court once the case was remanded. There are also two cert grants among today’s orders.

Busby v. The Lamar Company, LLC, 2023-CA-00892-SCT (Civil – Torts)
Affirming the trial court’s decision to grant the plaintiff’s motion for voluntary dismissal and deny the defendant’s motion for summary judgment and for attorney’s fees, explaining that the only difference in the outcome is the award of attorney’s fees which is within the trial court’s discretion.
(8-0: Maxwell for the Court; Branning did not participate)

Benchmark Insurance Company v. Harris, 2024-IA-00813-SCT (Civil – Insurance)
Reversing the trial court’s decision denying the defendant’s motion to transfer venue, holding that the defendant did not waive its objection to venue by first removing the case to federal court (to a district that encompassed both the improper and proper state court venues) prior to filing an answer in state court and then filing a motion to transfer venue on remand.
(9-0: Maxwell for the Court)

Other Orders

  • Elmore v. Elmore, 2023-CT-00875-SCT (granting cert)
  • McFall v. Osborne, 2023-CT-01234-SCT (denying cert)
  • Mortera v. Kona Villa Owners Association, Inc., 2023-CT-01297-SCT (granting cert)
  • Okorie v. Citizens Bank, 2024-CT-00462-SCT (denying cert)

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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 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 Supreme Court Decisions of September 11 and September 18, 2025

The Mississippi Supreme Court handed down two opinions on September 11 and two more on September 18. I think the most significant of the bunch is Pilot Travel Centers, LLC v. Womack where the Supreme Court reversed the Court of Appeals and granted a new trial in a premises liability case because improper expert testimony was admitted.

September 11, 2025

Patterson v. State, 2024-CA-00788-SCT (Civil – Wrongful Death)
Affirming the trial court’s grant of summary judgment dismissing an MTCA wrongful death claim, holding that the immunity requirements of Section 11-46-9(1)(l) were met and that the statute passed constitutional muster.
(9-0: Sullivan for the Court)

Watkins Construction v. Miss. Dept. of Revenue, 2024-SA-00662-SCT (Civil – State Boards & Agencies)
Affirming the chancery court’s decision denying a taxpayer’s motion for summary judgment “for reconsideration, clarification, and alternative relief,” finding that the chancellor properly denied the company’s post-judgment request and declining to “give advisory opinions about unraised legal questions.”
(9-0: Maxwell for the Court)

Other Orders

  • The Mississippi Bar v. Valley, 2008-BD-01884-SCT (granting motion to reopen case and file amended formal complaint)
  • Shelton v. State, 2010-M-01801 (denying petition to review issues re: possible judicial and/or criminal misconduct for possible impeachment and/or prosecution directed at the trial judge, finding that the filing was frivolous, and restricting the petitioner from filing in forma pauperis)
  • In Re: Judicial Election Oversight Committee, 2021-M-01306-SCT (appointing Spence Flatgard, James H. Heidelberg, and David F. Delgado to four-year terms as members of the judicial election oversight committee)
  • Carr v. State, 2023-DR-00503-SCT (granting motion to vacate stay and granting open time motions and giving 30 days to file post-conviction application)

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September 18, 2025

In Re Estate of Ivision: Malouf & Malouf, PLLC v. Estate of Ivison, 2024-CA-00421-SCT (Civil – Wills, Trusts & Estates)
Affirming the chancery court’s denial of a motion for payment of past due interest, holding that this second probated claim for compound interest was a new claim and was untimely filed.
(9-0: Griffis for the Court)

Pilot Travel Centers, LLC v. Womack, 2023-CT-00035-SCT (Civil – Personal Injury)
Reversing the Court of Appeals’ decision that held that the trial court’s error admitting expert testimony was harmless, holding that the expert was unqualified and his testimony was unhelpful where he read the defendant’s policies and identified alleged violations of them.
(9-0: Chamberlin for the Court)

Practice Point – This is a big Daubert case (though the opinion did not cite Daubert). The Supreme Court agreed with the Court of Appeals that admitting the expert testimony was error, but the Supremes held it was not harmless. The Court adopted the rationale from Judge Wilson’s Court of Appeals dissent:

Other Orders

  • Crawford v. State, 2024-DR-01386-SCT (granting the State’s motion to dismiss a petition for post-conviction relief)
  • Galloway v. State, 2025-DR-00129-SCT (granting the State’s motion to dismiss successive motion for leave to proceed)
  • In Re: Rules of Discipline for the Mississippi Bar, 89-R-99010-SCT (appointing Robert R. Morris III as member of the Complaint Tribunal)
  • Crawford v. State, 24-DP-01016-SCT (granting renewed motion to set execution date)

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Mississippi Court of Appeals Decisions of September 9, 2025

The Mississippi Court of Appeals handed down eight opinions on Tuesday. I finally got around to summarizing them and you can read those summaries below.

Lovelace v. Board of Trustees of East Mississippi Community College, 2023-CA-01341-COA (Civil – Contract)
Affirming the chancellor’s order denying appeal and upholding the board’s decision not to renew an instructor’s contract, holding that the chancellor did not err by not considering documents that were not before the board, that the board’s decision was supported by substantial evidence, and the instructor was not denied due process.
(10-0: Weddle for the Court)

Ingram v. Ingram, 2023-CA-01364-COA (Civil – Custody)
Affirming the Court’s custody order, holding that the chancellor did not err in the Albright analysis or abuse his discretion in the visitation award.
(10-0: Weddle for the Court)

Franklin v. State, 2024-CP-00696-COA (Civil – PCR)
Affirming dismissal of PCR motion as time-barred.
(9-0: McCarty for the Court; Emfinger did not participate)

Cardwell v. State, 2024-CP-01088-COA (Civil – PCR)
Affirming denial of PCR motion as successive.
(10-0: McCarty for the Court)

Brookshire v. State, 2023-KA-00966-COA (Criminal – Felony)
Affirming conviction of first-degree murder, holding that there was a custodial interrogation that violated the right to counsel that had been invoked but that the error was harmless in light of the overwhelming evidence supporting the conviction and that its admission did not result in plain error under the Confrontation Clause.
(8-2-0: Westbrooks for the Court; Carlton and McCarty concurred in result only without writing)

Williams v. State, 2024-CA-00817-COA (Civil – PCR)
Reversing summary dismissal of a PCR motion, holding that the petitioner was not required to seek leave from the Supreme Court before filing the PCR motion.
(10-0: Wilson for the Court)

Back Bay Lawnscapes LLC v. Graham, 2024-CA-00054-COA (Civil – State Boards & Agencies)
Affirming the chancery court’s order granting summary judgment upholding a sales tax assessment and an individual income tax assessment, holding that the taxpayer failed to fulfill its statutory duty to keep adequate records and that the chancellor did not err in applying the law to the facts of the case or in awarding damages.
(9-0: Carlton for the Court; Westbrooks did not participate)

Taylor v. Fair, 2024-CP-00676-COA (Civil – Other)
Affirming the chancellor’s dismissal of a petition for write of habeas corpus and emergency custody of the petitioner’s child, holding that the chancellor did not err in dismissing the petition for lack of jurisdiction.
(9-1-0: Carlton for the Court; McDonald concurred in result only without writing)

Other Orders

  • Estate of Anderson: Brown v. Fitzgerald, 2023-CA-01131-COA (denying rehearing)
  • Smith v. State, 2024-KA-00162-COA (denying rehearing)
  • Bickes v. Swain, 2024-CA-00187-COA (denying rehearing)
  • Roach v. Roach, 2024-CA-00236-COA (denying rehearing)

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Mississippi Supreme Court Decisions of August 14, 2025

The Mississippi Supreme Court handed down three opinions yesterday. I can report that the “minutes rule” is alive and well and is not to be trifled with.

But before we jump into summaries, I should acknowledge that the biggest appellate news in Mississippi this week is the appointments of Justice Maxwell and Justice Chamberlin to the United States District Court for the Northern District of Mississippi. If they are confirmed, that will create two vacancies in the Supreme Court District 3. That district is comprised of Alcorn, Attala, Benton, Calhoun, Carroll, Chickasaw, Choctaw, Clay, Coahoma, Desoto, Grenada, Itawamba, Lafayette, Lee, Leflore, Lowndes, Marshall, Monroe, Montgomery, Oktibbeha, Panola, Pontotoc, Prentiss, Quitman, Tallahatchie, Tate, Tippah, Tishomingo, Tunica, Union, Webster, Winston, and Yalobusha Counties.

Since two new justices (Branning and Sullivan) joined the Mississippi Supreme Court this year, we could have four justices joining the nine-justice court within a year. This has court-reshaping potential and will be an interesting process to watch.

K.S. v. M.D., 2023-CA-01118-SCT, consolidated with No. 2024-CA-00707-SCT (Civil – Custody)
Affirming the chancellor’s decision terminating parental rights and denying a Rule 60(b) motion to set aside adoption, holding that the chancellor had jurisdiction to terminate parental rights and that the chancellor did not abuse his discretion in terminating parental rights, and that as a result the adoption did not have to be vacated for lack of jurisdiction.
(9-0: Ishee for the Court)

The Mississippi State Port Authority at Gulfport v. Yilport Holding A.S., 2024-IA-00140-SCT, consolidated with No. 2024-IA-00149-SCT (Civil – State Boards & Agencies)
Affirming in part and reversing in part the circuit court’s rulings in a case following failed negotiations after a letter of intent was signed concerning a port expansion, holding that the trial court did not err in applying the “minutes rule” and finding that the LOI was not properly spread upon the minutes of the board and was therefore unenforceable, that estoppel did not apply, that the circuit court did err in allowing the unjust enrichment claim to go forward, and that the trial court did not err in denying summary judgment on the misappropriation-of-trade-secrets claim under the MTCA.
(9-0: King for the Court)

Sardin v. State, 2024-KA-00319-SCT (Criminal – Felony)
Affirming conviction of trafficking a controlled substance, holding that there were no arguable issues after reviewing counsel’s Lindsey brief and the record.
(9-0: Randolph for the Court)

Other Orders

  • In Re: the Rules of Civil Procedure, 89-R-99001-SCT (granting motion to amend M.R.C.P. 3)
  • In Re: Commission on Continuing Legal Education, 89-R-99011-SCT (appointing Helen Morris, Amanda B. Seymour, and Katherine K. Farese to three-year terms as members of the Commission on Continuing Legal Education)
  • Frazier v. State, 2016-M-01363 (denying motion for reconsideration of denial of motion to recuse)
  • Armistad v. State, 2023-CT-00799-SCT (denying cert)
  • Young v. Martin, 2023-CT-00980-SCT (denying cert)
  • Doby v. South Park Village Apartments, 2023-CA-01095-SCT (denying rehearing)
  • Phillips v. State, 2023-KA-01218-SCT (denying cert)
  • Tucker v. State, 2024-KA-00255-SCT (dismissing appeal as moot)
  • Mississippi Methodist Hospital & Rehabilitation Center, Inc. v. Mississippi Department of Health, 2925-SA-01113-SCT (denying motion to award costs and attorneys’ fees)
  • Rogers v. The Mississippi Bar, 2025-BD-00833-SCT (accepting irrevocable resignation as a member of the Mississippi Bar, tendered under Rule 11(a) of the Rules of Discipline for the Mississippi Bar)

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