Tag: Termination of Parental Rights

Mississippi Court of Appeals Decisions of July 28, 2026

The Mississippi Court of Appeals handed down twelve opinions yesterday. One of my cases was in the mix which always derails my focus for the day. That is my excuse for the delay. Among the opinions are several direct criminal appeals, a workers’ comp case, a premises liability case, and two dismissals for lack of appellate jurisdiction. My case survived a jurisdictional challenge and then turned on whether the chancery court erred in deciding that a probated claim stemming from a divorce judgment was satisfied.

Greater New Hamilton Grove Baptist Church v. Hamilton Grove Missionary Baptist Church, 2025-CA-01008-COA (Civil – Real Property)
Dismissing the appeal of an order dissolving a preliminary injunction in an interment dispute, holding that the issue was moot and the court was without jurisdiction.
(10-0: Lassitter St. Pe’ for the Court)

Ajinomoto Foods North America v. Christy Moore, 2025-WC-01107-COA (Civil – Workers’ Comp)
Affirming the MWCC’s decision, finding that the claimant suffered a total occupational loss of use in both hands and work-related osteoarthritis and awarding permanent total disability benefits, holding that the commission did not err in applying the Jensen presumption and that its decision that the osteoarthritis was compensable was based on substantial credible evidence.
(10-0: Lassitter St. Pe’ for the Court)

Wilson v. State, 2024-KA-00725-COA (Criminal – Felony)
Affirming conviction of felonious child abuse, holding that the issue of whether cross-examination was limited in violation of the defendant’s due process rights was procedurally barred, that the trial court did not abuse its discretion in precluding certain testimony, that the trial court did not abuse its discretion denying a motion for mistrial after the State defied instructions not to introduce youth court rulings, that argument regarding the trial court not precluding evidence about false confessions was procedurally barred and without merit, that the trial court does not abuse its discretion in instructing the jury, that the evidence was sufficient to support the conviction, and that the cumulative error doctrine did not apply.
(8-2-0: Emfinger for the Court; McDonald concurred in part and in the result without writing; Westbrooks concurred in result only without writing)

Walley v. State, 2024-KA-01443-COA (Criminal – Felony)
Affirming conviction of uttering forgery and identity theft, holding that the trial court did not abuse its discretion in prohibiting the introduction of some evidence and limiting cross-examination about a prior indictment.
(9-1-0: Lawrence for the Court; McDonald concurred in part and in the result without writing)

C.D.M. v. Lee County Dept. of Child Protection Services, 2024-CP-01427-COA (Civil – Other)
Affirming the youth court’s decision terminating parental rights, holding that the youth court’s decision was based on sufficient evidence. (9-1-0: Wilson for the Court; Westbrooks concurred in result only without writing)

Gallion v. State, 2025-KA-00061-COA (Criminal – Felony)
Affirming conviction of manslaughter, holding that the trial court properly sustained an objection to prosecutorial misconduct and that further arguments on that issue were waived for failure to request a contemporary jury instruction or to move for mistrial, that a hearsay objection should have been sustained but was harmless error, those arguments regarding police officer opinion testimony was waived, that the trial court did not abuse its discretion in admitting photographs of the victim, and that the evidence was sufficient to support the verdict and that it was not against the overwhelming weight of the evidence.
(10-0: Wilson for the Court)

Brown v. State, 2024-KA-01376-COA (Criminal – Felony)
Affirming convictions of murder and being a felon in possession of a firearm, holding that the trial court did not err in denying a Batson challenge or in denying a motion to sever the two counts.
(8-1-1: Carlton for the Court; McCarty concurred and result only without writing; McDonald concurred in part and dissented in part without writing)

Strawn v. Southern Roots Salon & Day Spa, LLC, 2025-CA-00429-COA (Civil – Personal Injury)
Affirming the trial court’s decision granting summary judgment in favor of the defendant in the premises liability case, holding that the trial court did not err in finding that the plaintiff failed to present evidence that the defendant created a dangerous condition or had actual or constructive knowledge of it.
(8-2-0: Carlton for the court; Wilson and McDonald concurred in part and in result without writing)

Garfield v. Tate, 2025-CA-00104-COA (Civil – Wrongful Death)
Dismissing the appeal of the entry of a chancery court’s final judgment disinheriting a party in a wrongful death case, holding that it was not an order, much less a final appealable order that would confer jurisdiction on the Court of Appeals.
(10-0: Barnes for the court)

Wilson v. State, 2024-CA-00686-COA (Civil-PCR)
Vacating and remanding the denial of a PCR motion, holding that the indictment was void for failure to charge the defendant with crimes cognizable under Mississippi law.
(4-3-3: Barnes for the court; Wilson specially concurred, joined by Emfinger and Weddle, and joined in part by Lawrence and Lassitter St. Pe’; McCarty concurred in part and dissented in part, joined by Carlton and Lassitter St. Pe’ and joined in part by Lawrence)

Jones Family Medicine Clinic, PLLC, v. McCallum, 2024-CA-01332-COA (Civil – Contract)
Reversing the circuit court’s decision affirming the county court’s grant of summary judgment in a breach of contract case, holding that it was error to dismiss the complaint based on the waived affirmative defense of unconscionability.
(6-1-3: Weddle for the court; Westbrooks concurred in part in the result without writing; McDonald dissented without writing; Lawrence dissented, joined by Barnes and McDonald and joined in part by Westbrooks)

In the Matter of the Estate of Pace: Pace v. Philips, 2025-CA-00223-COA (Civil – Wills, Trusts & Estates)
Reversing the chancery court’s finding that a probated claim arising from the decedent’s violation of property settlement agreement incorporated into a judgment of divorce had been satisfied, holding that the final disposition of a probated claim was a final appealable order notwithstanding ongoing litigation in the estate matter and that the chancellor failed to grant a proper remedy for the violation of the PSA/judgment of divorce.
(8-2: McCarty for the court; Barnes dissented, joined by Carlton)

Disclosure: I represented the appellant in this case.

Other Orders

  • Leggett v. State, 2024-CP-01214-COA (denying rehearing)
  • Howard v. State, 2025-KA-00171-COA (recalling mandate and allowing the appellant’s pro se motion for rehearing to proceed as timely filed)
  • Morris v. State, 2026- TS-00276-COA (denying appellant’s pro se motion to reconsider dismissal of his untimely appeal)

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Mississippi Court of Appeals Decisions of July 21, 2026

Our appellate courts are back in action after the standard summer hand-down break centered around the Mississippi Bar Convention. The Mississippi Court of Appeals strikes first with six opinions today.

Lewis v. State, 2025-CP-00341-COA (Civil – PCR)
Affirming denial of a PCR motion, holding of the trial court did not err in revoking post-release supervision.
(10-0: Weddle for the Court)

White v. White, 2025-CP-00575-COA (Civil – Custody)
Affirming the chancellor’s decision to award joint legal and physical custody, holding that the decision was supported by substantial credible evidence.
(10-0: Emfinger for the Court)

In the Matter of the Estate of Gibson: Vanderford v. Estate of Gibson, 2024-CA-01355-COA (Civil – Wills, Trusts & Estates)
Affirming the chancellor’s denial of a petition to adjudicate paternity, holding that the chancellor did not err in finding the petition untimely.
(8-2-0: McCarty for the Court; Barnes concurred in part and in the result without writing; Wilson concurred in result only without writing)

In the Matter of the Estate of Manyfield: Ogden & Associates, PLLC v. Sweet, 2025-CA-00417-COA (Civil – Contract)
Reversing the chancery court’s decision denying a lien for attorney fees, holding that the chancellor abused his discretion and remanding for an apportionment of fees.
(8-2-0: Lawrence for the Court; Wilson and MacDonald concurred in part and in the result without writing)

Davis v. Davis, 2025-CA-00363-COA (Civil – Custody)
Affirming the chancellor’s custody decision, holding that the chancellor did not err in awarding custody to the mother despite the father’s arguments that the mother’s mental health was not properly considered.
(9-1-0: McDonald for the Court; Wilson concurred in part and in the result without writing)

In the Interest of T.L. a Minor: Jessica L. v. Forrest County Department of the Mississippi Department of Child Protection Services, 2024-CA-00385-COA (Civil – Domestic Relations)
Affirming the Youth Court’s decision terminating parental rights, holding that there was substantial evidence to support the decision, that the youth court properly found that CPS made reasonable reunification efforts, and that there was no merit to the mother’s argument that her counsel was ineffective.
(5-2-3: Barnes for the Court; Carlton and McDonald concurred in part and in the result without writing; Wilson concurred in result only without writing; Westbrooks concurred in part and dissented in part without writing; McCarty concurred in part and dissented in part, joined by Westbrooks and joined in part by McDonald)

Other Orders

  • Moore v. Sta-Home Health Agency of Carthage, Inc., 2023-CA-01267-COA (denying rehearing)
  • Turner v. City of Tupelo, 2024-CA-01146-COA (denying rehearing)
  • Gardner v. State, 2025-KA-00298-COA (denying rehearing)
  • Rudd v. State, 2025-CP-00618-COA (denying rehearing)

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Mississippi Court of Appeals Decisions of March 31, 2026

The Mississippi Court of Appeals closed out the month with eleven opinions yesterday. The decisions cover felonies, workers’ comp, real property, termination of parental rights, domestic abuse protection order, heirship, foreclosure/service of process, rezoning , and PCR.

Muhammad v. State, 2024-KA-00440-COA (Criminal – Felony)
Reversing conviction of one count of aggravated domestic violence, holding that the trial court abused its discretion in admitting evidence of prior bad acts and that the defendant was prejudiced by the ruling.
(8-1-1: Lassitter St. Pe’ for the Court; Lawrence concurred in part and in the result without writing; Emfinger concurred in part and dissented in part without writing)

Braxton v. State, 2025-CP-00051-COA (Civil – PCR)
Affirming the denial of a PCR motion, holding that the trial court did not err in finding that the arguments were waived by pleading guilty.
(10-0: Weddle for the Court)

Morris v. State, 2024-CP-00580-COA (Civil – PCR)
Affirming the summary denial of a PCR motion, holding that the trial court did not err in denying a preliminary hearing and that the substantive arguments were without merit.
(8-2-0: Emfinger for the Court; Westbrooks and McDonald concurred in result only without writing)

Jones v. Brown, 2025-CA-00031-COA (Civil – Other)
Affirming the chancellor’s decision on a petition to determine heirs, holding that the chancellor did not err in finding that the putative heir did not prove heirship by clear and convincing evidence.
(6-4-0: Emfinger for the Court; McCarty and Weddle concurred in part and in the result without writing; Westbrooks and McDonald concurred in result only without writing)

Sievers v. Faucheaux-Sievers, 2024-CA-01112-COA (Civil – Domestic Relations)
Affirming the chancery court’s decision issuing a new domestic abuse protection order, holding that the chancellor did not abuse her discretion in entering a final protection order and that the defendant was not entitled to a voluntary dismissal.
(9-1-0: Lawrence for the Court; Wilson concurred in result only without writing)

Armstrong v. State, 2024-KA-01217-COA (Criminal – Felony)
Affirming conviction of two drug charges, holding that the trial court did not err in denying a motion to suppress evidence found pursuant to two search warrants.
(9-1-0: Lawrence for the Court; Wilson concurred in part and in the result without writing)

J.R.M. v. Warren County Dept. of CPS, 2024-CA-00984-COA (Civil – Other)
Affirming the youth court’s termination of parental rights, holding that there was sufficient evidence to support the youth court’s finding that the father failed to exercise reasonable visitation.
(10-0: Wilson for the Court)

Smith v. Dennis Wright & Son Plumbing, 2025-WC-00046-COA (Civil – Workers’ Compensation)
Affirming the Commission’s decision, holding that there was substantial evidence to support the Commission’s finding that the claimant did not sustain a compensable left shoulder injury.
(10-0: Carlton for the Court)

Note/Disclosure – I handled this appeal for the Employer/Carrier.

Taylor v. State, 2024-KA-00280-COA (Criminal – Felony)
Affirming conviction of one count of sexual battery and one count of gratification of lust against a minor, holding that the arguments that the indictment was defective for overbreadth and vagueness were waived and without merit, that arguments that hearsay testimony was not properly admitted for lack of a proper tender-years hearing were waived and without merit, and that arguments that the State improperly bolstered testimony was waived for lack of objection.
(9-1-0: Barnes for the Court; McCarty concurred in part and in the result without writing)

OneWest Bank, FSB v. Brown-Wood, 2024-CA-01125-COA (Civil – Real Property)
Affirming the chancellor’s decision in a foreclosure matter, holding that the chancellor did not err in granting a motion to set aside a prior order granting an extension of time to serve process, denying a motion for leave to amend, or in dismissing a complaint for judicial foreclosure.
(10-0: Barnes for the Court)

Feather v. City of Saltillo, 2024-CA-00831-COA (Civil – Other)
Affirming the circuit court’s decision to affirm the City’s approval of a rezoning application, holding that the Board’s decision that a public need existed was “fairly debatable” and would not be disturbed on appeal.
(5-4: Westbrooks for the Court; Emfinger dissented without writing; Wilson dissented, jioned by Carlton, McCarty, and Emfinger; Weddle did not participate)

Other Orders

  • J.T.S. v. M.L.S., 2024-CA-00023-COA (denying rehearing)
  • CNRS&Z Inc., v. Bridgecrest Acceptance Corporation, 2024-CA-00365-COA (denying rehearing)
  • Shelton v. State, 2024-CA-00435-COA (denying rehearing)
  • Chavers v. State, 2024-KA-00551-COA (denying rehearing)
  • Estate of Dorsey v. Matory, 2024-CA-00925-COA (denying rehearing)
  • Rasbeery v. State, 2024-KA-01005-COA (denying rehearing)

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Mississippi Court of Appeals Decisions of March 3, 2026

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

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

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

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

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

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

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

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

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

Other Orders

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

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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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Mississippi Court of Appeals Decisions of July 15, 2025

The Mississippi Court of Appeals handed down two decisions today. One is a youth court permanency plan case and the other is an appeal of a dismissal and judgment of acquittal.

In the Interest of J.S., a Minor, and I.S., a Minor: P.S. v. Pearl River County Department of Child Protection Services, 2023-CA-00932-COA (Civil – Custody)
Reversing the youth court’s order modifying permanency plan from reunification to adoption and ordering CPS to begin termination of parental rights proceedings, holding that the record did not reflect substantial credible evidence to support the finding that CPS made reasonable efforts over a reasonable period of time to diligently assist the mother in complying with the service plan.
(10-0: Weddle for the Court)

State v. Mitchell, 2023-KA-00771-COA (Criminal – Felony)
Reversing the circuit court’s order granting motion to dismiss and judgment of acquittal, holding that it had appellate jurisdiction under section 99-35-103(a) and that the defendant’s Sixth Amendment right to compulsory process was not violated where the alleged victim was a resident of Tennessee and the Tennessee probate court denied the defendant’s effort to compel the alleged victim to testify.
(5-4: Emfinger for the Court; Barnes dissented, joined by Carlton, Westbrooks, and McDonald; Westbrooks dissented, joined by McDonald; Weddle did not participate)

Other Orders

  • Chambers v. State, 2023-KA-00626-COA (denying rehearing)
  • Star v. State, 2023-KA-00788-COA (denying rehearing)

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Mississippi Supreme Court Decisions of January 23, 2025

The Mississippi Supreme Court handed down two decisions today. One in an interlocutory appeal of a denial of a motion to dismiss a 1983/HIPAA suit against a hospital and the other is a termination of parental right case.

Greenwood Leflore Hospital v. Boykin, 2023-IA-00820-SCT (Civil – Other)
Reversing the trial court’s denial of the hospital’s motion to dismiss a § 1983 suit alleging that the hospital intentionally withheld the plaintiff’s medical records which in turn deprived her of access to courts by preventing her from filing a med mal suit, holding that the plaintiff’s failure to file a brief constituted a confession of reversible error and then addressing the merits and holding that the plaintiff could not use § 1983 to enforce a federal statute (HIPAA) that does not give her an individual right.
(7-2-0: Coleman concurred in part and in the result; Randolph concurred in result only)

Practice Point – File a brief.

Note – Justice Coleman’s short concurrence took issue with the Court’s decision to address the merits after finding that the failure to file a brief constituted confession of reversible error. I thought this concurrence was interesting in light of appellate courts’ occasional habit of deciding that arguments “also meritless” after deciding dispositive issues that do not reach the merits such as an argument is waived or time-barred. Here is the concurrence:

X.G.C. v. Jackson County Department of Child Protection Services, 2023-CA-00138-SCT (Civil – Custody)
Affirming the chancellor’s decision terminating parental rights, holding that the court did not err in terminating parental rights and that the record supported the Court’s finding that the statutory requirements of § 93-15-115 and § 93-14-119 were satisfied.
(9-0)

Other Orders

  • Black v. State, 2022-CT-01223-SCT (denying cert)
  • Sinquefield v. City of Ridgeland, 2022-CT-01276-SCT (denying cert)
  • Carr v. State, 2023-DR-00503-SCT (staying matter until April 16, 2025, to allow the State to return to the United States District Court for the Northern District of Mississippi and move to lift the stay and for any other appropriate relief)
  • Haley v. Brewer, 2023-CT-00571-SCT (denying cert)
  • McGee v. McGee, 2023-CA-00695-SCT (denying rehearing)
  • In Re: Administrative Orders of the Supreme Court of Mississippi, 2025-AD-00001-SCT (directing the disbursement of $213,407.18 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 Supreme Court Decisions of January 16, 2025

The Mississippi Supreme Court handed down two opinions today. One is a termination of parental rights decision and the other a judicial performance case against Carlos Moore.

J.J.B. v. Monroe County Department of Child Protective Services, 2023-CA-00532-SCT (Civil – Custody)
Affirming the chancellor’s decision in a custody matter, holding that the chancellor did not err in terminating the mother’s parental rights where even after CPS took the children into custody the mother failed to comply with a service plan for reunification and an agreed court order.
(9-0)

Mississippi Commission on Judicial Performance v. Moore, 2024-JP-00121-SCT (Civil – Judicial Performance)
Finding that a municipal court judge’s social media posts and public comments violated the Mississippi Constitution, the canons of judicial conduct, and a memorandum of understanding between the Commission and the judge, resulting in removal from the bench and a $3,000 fine.
(8-1: King dissented, arguing that the statements at issue were protected by the First Amendment)

NOTE – Here are the two allegations of misconduct at issue. First, comments made on the Kelly Clarkson Show:

Second, a social media commentary on the Kyle Rittenhouse trial:

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Mississippi Supreme Court Decisions of November 21, 2024

The Mississippi Supreme Court handed down five opinions on November 21, 2024, while I was out. Here are summaries of those decisions – two custody/parental rights cases, two felony appeals, and a certified question answer regarding the interplay between the MTCA and the MWPA.

Bell v. State, 2023-KA-00801-SCT (Criminal – Felony)
Affirming convictions of aggravated assault and possession of a firearm by a felon, holding that after consideration of counsel’s Lindsey brief and the record that there were no issues warranting appellate review.
(9-0)

S.D.P. v. Harrison County Department of Child Protection Services, 2023-CA-00838-SCT (Civil – Domestic Relations)
Affirming the youth court’s judgment terminating parental rights regarding a medically fragile child, holding that the youth court’s decision was based on clear and convincing evidence that the parents were not mentally, morally, or otherwise fit and that reunification was not desirable toward obtaining a satisfactory permanency outcome.
(9-0)

Johnson v. Miller, 2024-FC-00419-SCT (Civil – Federally Certified Question)
Answering a certified question from the Fifth Circuit, holding that the Mississippi Tort Claims Act’s statute of limitations and notice requirements do not apply to the Mississippi Whistleblower Protection Act.
(9-0)

Myers v. State, 2023-KA-01083-SCT (Criminal – Felony)
Affirming convictions of shooting into a dwelling and aggravated assault with a deadly weapon, holding that the trial court did not commit plain error regarding jury instructions because the instruction on the elements of shooting into a dwelling did not constitute an impermissible constructive amendment to the indictment.
(9-0)

In Re the Adoption of J.J.W.B: J.B. v. M.M., 2023-IA-00457-SCT, consolidated with 2023-IA-00458-SCT (Civil – Custody)
Reversing the chancellor’s decision denying a motion to dismiss a grandmother’s motion to set aside an adoption because the motion to set aside was untimely and no jurisdictional issues were present to set aside the adoption, but affirming the chancellor’s decision that the adoption did not extinguish the grandmother’s visitation rights and properly denied the motion to dismiss the grandmother’s contempt action and remanding for further proceedings to determine post-adoption visitation.
(5-4-0: Coleman concurred in part and in the result without writing; King concurred in part and in the result, joined by Randolph and Kitchens, and joined in part by Coleman and Griffis)

Other Orders

  • In Re: Rules of Discipline for the Mississippi Bar, 89-R-99010-SCT (appointing or reappointing Alicia S. Hall, Assistant Dean Mary Largent Purvis, District Attorney Angel Myers McIlrath, Municipal Judge Robert Fant Walker, Robert E. Quimby, and Circuit Judge Michelle Easterling to three-year terms)
  • Bell v. State, 2023-KA-008001-SCT (denying second motion for reappointment of counsel and motion for rebuttal)

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Mississippi Court of Appeals Decisions of June 4, 2024

The Mississippi Court of Appeals handed down eight opinions today. There is a paternity/child support case, a custody/termination of parental rights case, an MTCA personal injury case, a contract case, a slip-and-fall summary judgment, and three direct criminal appeals.

Myles v. Lewis, 2022-CA-01192-COA (Civil – Domestic Relations)
Affirming in part and reversing in part the chancellor’s rulings in a paternity action, holding that the chancellor erred in computing monthly child support by failing to account for the father’s significant income increase and personal withdrawals, inaccuracies in his financial statement, and admitted commingling of personal and business expenses; holding that the chancellor did not err in not requiring the father to pay half of the child’s private school tuition, insurance premiums, and extracurricular fees; and holding that no party was entitled attorney’s fees.
(9-1-0: Wilson concurred in part and in result without writing)

Lemay v. City of Biloxi, 2023-CA-00469-COA (Civil – Personal Injury)
Affirming summary judgment in favor of the City in an MTCA case stemming from a collision with a police officer, holding that although the trial court incorrectly ruled that the plaintiff was precluded from recovery because she was allegedly speeding, the summary judgment should affirmed because the undisputed evidence showed the officer was engaged in police protection activity and that he did not act with reckless disregard.
(7-2-0: Carlton and Wilson concurred in part and in the result without writing; Lawrence did not participate)

Hattie T. v. Matthew R., 2022-CP-00926-COA (Civil – Custody)
Affirming the chancery court’s final judgment terminating parental rights, holding that the chancellor did not err in denying the mother’s motion to dismiss and that the chancellor’s decision terminating parental rights was supported by clear and convincing evidence and was in the best interests of the children.
(10-0)

Collins v. State, 2022-KA-01184-COA (Criminal – Felony)
Affirming convictions of kidnapping, armed robbery, armed carjacking, aggravated assault, conspiracy to commit kidnapping, and conspiracy to commit armed robbery, holding that the circuit court did not abuse its discretion in admitting evidence of other acts and crimes coupled with a limiting instruction, in excluding evidence of the defendant’s assault in prison by two witnesses, or in refusing the defendant’s instructions on lesser included instruction.
(7-2-0: McCarty concurred in part and in the result without writing; Westbrooks and McDonald concurred in result only without writing)

Terry v. State, 2022-KA-01194-COA, consolidated with Thomas v. State, 2022-KA-01278-COA (Criminal – Felony)
Affirming convictions of two defendants (Terry and Thomas) for first-degree murder and drive-by shooting, holding that though the trial court abused its discretion in admitting surveillance video the error was harmless, that Terry’s conviction was not against the overwhelming weight of the evidence, that the trial court did not abuse its discretion in admitting text messages because they were not hearsay.
(10-0)

Designer Custom Homes, LLC v. U.S. Coating Specialties & Supplies, LLC, 2023-CA-00207-COA (Civil – Contract)
Reversing the circuit court’s reversal of the county court’s order granting summary judgment in favor of the plaintiff in a breach of contract case, holding that the circuit court erred by reversing on an issue and argument that were not raised in the county court or briefed on appeal and erred by finding that there was evidence in the record that presented a genuine issue of material fact.
(10-0)

Practice Point – Don’t rehash your trial court pleadings on appeal:

If the appeal process is daunting or simply pulling you away from other work you would rather do, your friendly neighborhood appellate attorney would love to visit with you about it.

Anderson v. SW Gaming LLC, 2023-CA-00345-COA (Civil – Personal Injury)
Affirming summary judgment for the defendant in a slip-and-fall case, holding that there was no evidence that the defendant caused water on the floor in the bathroom or that the defendant had either actual or constructive knowledge that there was water on the floor.
(10-0)

Harrera v. State, 2022-KA-01167-COA (Criminal – Felony)
Affirming conviction of one count of kidnapping, holding that the conviction was supported by sufficient evidence, that the kidnapping instruction did not constructively amend the indictment (an issue that was procedurally barred and without merit), and that the trial court did not err by giving the State’s accomplice liability instruction.
(9-1-0: Westbrooks concurred in result only without writing)

Other Orders

  • Allen v. State, 2022-KA-00419-COA (denying rehearing)
  • Minor v. State, 2022-KA-00990-COA (denying rehearing)

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