Tag: Workers' Comp

Mississippi Court of Appeals Decisions of December 9, 2025

The Mississippi Court of Appeals handed down six opinions yesterday. Three are appeals of felony convictions and the others are an heirship case, a worker’s comp case, and a reversal in a PCR case.

Oats v. State, 2024-KA-00278-COA (Criminal – Felony)
Affirming conviction of manslaughter, holding that the trial court did not abuse its discretion in denying a motion for mistrial after the jury declared itself hung and that the issue was doubly procedurally-barred and that the conviction was supported by sufficient evidence and was not against the overwhelming weight of it.
(7-3: Lawrence for the Court; McDonald dissented without writing; Westbrook dissented, joined by McDonald and Lassitter St. Pe’)

Chamblee v. State, 2024-KA-00556-COA (Criminal – Felony)
Affirming conviction of one count of gratification of lust, holding that the trial court did not abuse its discretion in denying the motion for change of venue, in denying a motion for mistrial, in excluding false-accusation evidence, or in excluding sexually explicit photographs, and that the verdict was not against the overwhelming weight of the evidence.
(10-0: McDonald for the Court)

Physicians’ Pain and Spin Specialists, PLLC v. Kluczkowski, 2025-WC-00069-COA (Civil – Workers’ Comp)
Affirming the MWCC’s finding that the employer was subject to the MWCA and that the claimant sustained a compensable injury, holding that there was substantial evidence that the employer regularly employed at least five employees and that the claimant presented substantial evidence of a compensable injury.
(10-0: McDonald for the Court)

O’Callaghan v. State, 2024-KA-00415-COA (Criminal – Felony)
Affirming conviction of two counts of possession of a controlled substance, holding that the trial court did not abuse its discretion in finding holding trial in absentia or in denying the defendant’s motion for mistrial based on a juror’s remark.
(7-3-0: Carlton for the Court; Westbrooks and McCarty concurred in part and in the result without writing; McDonald concurred in result only without writing)

Estate of Dorsey v. Matory, 2024-CA-00925-COA (Civil – Wills, Trusts & Estates)
Affirming the chancery court’s judgment in an heirship dispute, holding that the chancellor did not err in finding that a prior adoption petition and proceeding constituted an adjudication of paternity of and legitimacy, that the adopted child was an heir-at-law of his biological father entitled to a share of his estate, or that equity favored not applying the one-year statute of limitations.
(8-2-0: Barnes for the Court; Wilson concurred in part and in the result without writing; Westbrooks specially concurred, joined by McDonald and McCarty)

Shelton v. State, 2024-CA-00435-COA (Civil – PCR)
Reversing the denial of a PCR petition, holding that the circuit court clearly erred in holding that a revised State’s expert opinion does not merit reversal and that arguments regarding ineffective assistance and factual innocence are moot since the case was remanded for new trial.
(7-3: Barnes for the Court; Emfinger concurred in part and dissented in part, joined by Lawrence and Weddle)

Other Orders

  • Moyer v. Blades, 2023-CA-01180-COA (denying rehearing)
  • James v. Memorial Hospital at Gulfport, 2024-CA-00459 (denying rehearing)
  • Snyder v. Pilger, 2024-CA_00460-COA (denying rehearing)
  • Carroll v. State, 2024-KA-00481-COA (recalling mandate and granting pro se motion for additional time to file motion for rehearing)
  • Cole v. Fish, 2024-CA-00508-COA (denying rehearing)
  • Corr Properties, LLC v. City of Oxford, 2024-CC-00665-COA (denying rehearing)
  • Graves v. State, 2024-KA-00691-COA (recalling mandate and granting pro se motion to file motion for rehearing otu of time)
  • Haddad v. State, 2025-TS-01229-COA (dismissing application to proceed in forma pauperis on appeal and granting time for the pro se appellat to file the motion in circuit court)
  • Reid v. State, 2025-TS-01261-COA (suspending deadling to file appeal to allow appeal to proceed on its merits)

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

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

July 29, 2025

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

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

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

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

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

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

Other Orders

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

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August 5, 2025

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

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

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

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

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

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

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

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

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

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

Other Orders

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

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

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

June 17, 2025

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

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

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

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

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

Other Orders

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

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June 24, 2025

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

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

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

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

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

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

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

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

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

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

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

Other Orders

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

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

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

May 13, 2025

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

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

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

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

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

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

Other Orders

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

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May 20, 2025

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

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

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

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

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

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

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

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

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

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

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

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

Other Orders

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

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Mississippi Court of Appeals Decisions of May 6, 2025

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

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

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

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

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

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

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

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

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

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

Other Orders

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

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Mississippi Court of Appeals Decisions of March 18, 2025

The Mississippi Court of Appeals handed down five opinions on Tuesday. There is something for everybody with a workers’ comp case, an unemployment case, a direct criminal appeal, a premises liability case, and a PCR case.

King v. State, 2023-CA-00770-COA (Civil – PCR)
Reversing the circuit court’s dismissal of the claimant’s motion for PCR wherein he claimed the circuit court improperly revoked probation and participation in drug court and imposed his original suspended sentence, holding that the claimant was statutorily barred from participating in drug court because he was charged with and pleaded guilty to a crime of violence, and since his probation was revoked only twice for violations of drug court conditions, the circuit court lacked authority to impose the full sentence, and remanding with instructions to reinstate the probation.
(5-2-3: Wilson concurred in part and in the result without writing; Emfinger concurred in result only without writing; Lawrence dissented, joined by Weddle and St. Pe’, joined in part by Emfinger)

Porter v. State, 2023-KA-00809-COA (Criminal – Felony)
Affirming conviction of capital murder, holding that the trial court did not err in denying a motion to suppress the defendant’s (who was 17 at the time) statements to police, that the defendant had no viable Sixth Amendment claim based on the size and composition of the jury venire without proof that minorities were intentionally or systematically excluded because of their race, that the trial court did not abuse its discretion in limiting the defendant’s attorney’s opening statement, that the trial court did not err in limiting the defendant’s questioning of a witness for impeachment purposes, that the trial court did not err by excluding two character witnesses, that the trial court did not err by refusing the defendant’s lesser-included offense instruction of manslaughter because they had no foundation in the evidence and because a reasonable jury could find the defendant guilty of capital murder, that the trial court did not err by not granting a mistrial for the State’s remarks during closing, and that the trial court did not err by not granting a mistrial when the jury sent out its first note because the defendant did not obtain a ruling and because the assignment was meritless, and that the cumulative error doctrine did not apply.
(8-2-0: Wilson and Westbrooks concurred in result only without separate written opinion)

Animal Rescue Fund of Mississippi v. Mississippi Department of Employment Security, 2024-CC-00152-COA (Civil – State Boards & Agencies)
Affirming an award of unemployment benefits after MDES initially determined that the claimant voluntarily left his employment, holding that the Board of Review’s decision was supported by substantial evidence so the circuit court did not abuse its discretion in affirming it.
(9-1-0: Wilson concurred in part and in the result without writing)

Harris v. Casino Vicksburg, LLC, 2023-CA-00959-COA (Civil – Personal Injury)
Affirming summary judgment in favor of a casino in a premises liability case arising from a chair that slipped out from under the plaintiff, holding that the plaintiff failed to show the existence of a dangerous condition.
(7-3: Westbrooks dissented, joined by Carlton and McDonald)

Caffey v. Forrest Health, 2023-WC-01232-COA (Civil – Workers’ Comp)
Affirming the MWCC’s decision reversing the AJ’s finding that the claimant sustained a 50% loss of wage-earning capacity, holding that the though the MWCC erred in its Jordan analysis on whether employment was offered post-MMI the claimant nonetheless did not make a prima facie case under Jordan because he never reported back to work after MMI or under Thompson because there was no evidence the claimant independently searched for employment.
(8-1-1: Wilson concurred in part and in the result without writing; McDonald concurred in part and dissented in part without writing)

Other Orders

  • Ellzey v. State, 2022-KA-00797-COA (denying rehearing)
  • Allred v. Tishomingo County, Mississippi, 2023-CA-00569-COA (denying rehearing)
  • Old Hattiesburg High, L.P. v. Harris Construction Services, LLC, 2023-CA-00579-COA (denying rehearing)
  • Sullivant v. Freeland, 2023-CP-01393-COA (granting appelles’ motion for monetary sanctions)

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Mississippi Supreme Court Decisions of December 12, 2024

The Mississippi Supreme Court handed down three opinions today. One ends a chapter in the NCAA-Ole Miss saga, one is an interesting case discussing administrative remedies exhaustion and exclusive remedy immunity under the MWCA, and the other is a direct criminal appeal reversing the Court of Appeals and reinstating a conviction.

NCAA v. Farrar, 2023-IA-00282-SCT (Civil – Torts)
Reversing the trial court’s denial of the NCAA’s motion for summary judgment, holding that there was no evidence in the record to support the plaintiff’s due process and malicious interference with employment claims.
(6-1: Randolph dissented dubitante; Coleman and Maxwell did not participate)

Harris v. Hemphill Construction Company, Inc., 2023-CA-00973-SCT (Civil – Personal Injury)
Affirming the trial court’s decision dismissing a work-related personal injury claim by an employee/officer of a subcontractor against a general contractor, holding that the plaintiff was not required to exhaust his administrative remedies before filing a negligence suit but that the defendant-GC was entitled to exclusive remedy immunity from the plaintiff’s suit because the GC required the subcontractor to carry comp coverage and plaintiff was an officer of the subcontract who rejected workers’ comp coverage for himself.
(9-0)

Practice Point – This is case is worth a deeper dive:

Harris then filed the negligence lawsuit and the Mississippi Supreme Court held that the GC was entitled to exclusive remedy immunity:

The Court concluded:

Quinn v. State, 2022-CT-00962-SCT (Criminal – Felony)
Reversing the Court of Appeals and reinstating the circuit court’s judgment and conviction of sexual battery, holding that the State sufficiently proved venue, that expert DNA testimony was properly admitted, that the indictment was properly amended, that the trial court did not err by not granting a mistrial sua sponte during closing arguments, and that the trial court did nto err by allowing the State to use birth certificates to refresh a witness’s memory.
(7-2: Kitchens dissented, joined by King)

Other Orders

  • Howard v. State, 2022-KA-00430-SCT (denying rehearing)
  • Crawford v. East Mississippi State Hospital, Inc., 2022-CT-00753-SCT (denying cert)
  • Course v. State, 2022-CT-00760-SCT (denying cert)
  • Collins v. Collins, 2022-CT-00903-SCT (denying cert)
  • McLellan v. McLellan, 2022-CT-01006-SCT (denying cert)
  • McKenzie v. McKenzie, 2022-CT-01175-SCT (denying cert)
  • Designer Custom Homes, LLC v. U.S. Coating Specialties & Supplies, LLC, 2023-CT-00207-SCT (denying cert)
  • Deep South Today v. Bryant, 2024-M-00659-SCT (denying petition for interloc)
  • McPhail v. McPhail, 2024-TS-00849 (denying motion for leave to proceed in forma pauperis, dismissing bond-related request without prejudice, and granting request to enlarge the notice of appeal)

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Mississippi Supreme Court Decisions of June 27, 2024

The Mississippi Supreme Court handed down three opinions yesterday. The first opinion is a decision about damages following a voided tax sale. The second is an answer to a certified question from the Fifth Circuit asking whether Mississippi law permits workers’ comp policies to be voided ab initio based on a material misrepresentation. The third opinion reviews summary judgment in a med mal case centering on whether the discovery rule applied.

Thoden v. Hallford, 2022-CA-00835-SCT (Civil – Real Property)
Affirming in part and reversing in part the chancellor’s decisions in a case stemming from a voided tax sale of real property, holding that the chancellor correctly determined that the buyer was entitled to a refund of the purchase price of the voided sale plus interest, that the buyer was not entitled to reimbursement for costs incurred on the property, and that the legal owner was entitled to a set-off, but that the chancellor erred by determining that the purchaser was not entitled to taxes paid between the purchase and the voidance.
(7-0: Randolph and Griffis did not participate)

American Compensation Ins. Co. v. Ruiz, 2023-FC-01160-SCT (Civil – Federally Certified Question)
Answering a certified question from the Fifth Circuit, holding that workers’ compensation policies cannot be voided ab initio based on an material misrepresentation by the employer because the MWCA controls, rescission is inconsistent with Section 71-3-77(1), and allowing rescission would go against the express, statutory purpose of the MWCA.
(7-1: Coleman dissented, Randolph did not participate)

NOTE/DISCLOSURE: I represented one of the parties in this case and argued that the common law remedy of voiding a policy ab initio cannot be used to void a workers’ comp policy because of the comprehensive and exclusive nature of the MWCA. This issue had never been addressed by Mississippi courts, so when the carrier appealed the U.S. District Court’s decision granting our motion for summary judgment, the Fifth Circuit submitted a certified question to the Mississippi Supreme Court. This has been one of my favorite cases to handle with an interesting, novel legal issue at its core. Needless to say, I am gratified that the question was answered in my client’s favor despite great lawyering by opposing counsel.

Here is the crux of the Court’s holding:

McNinch v. Brandon Nursing & Rehabilitation Center, L.L.C., 2023-CA-00050-SCT (Civil – Wrongful Death)
Reversing summary judgment in favor of the defendant nursing home and hospital in a med mal case, holding the discovery rule tolled the statute of limitations where suit was filed within two years and sixty-days of when the decedent’s widow received his medical records which were requested with reasonable diligence.
(9-0)

Other Orders

  • In Re: Commission on Continuing Legal Education, 89-R-99011-SCT (reappointing Elizabeth Lee Maron, Robert Michael Tyler, Jr., and Sam H. Buchanan to three-year terms)
  • Archie v. State, 2022-KA-00326-SCT (denying rehearing)
  • Mississippi Department of Child Protection Services v. B.F., 2023-IA-00689-SCT (dismissing interlocutory appeal as moot)

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Mississippi Supreme Court Decisions of May 30, 2024

The Mississippi Supreme Court handed down five opinions today. There is an MTCA case, a premises liability case, an unpaid wages case against MDOC, an insurance coverage case, and a workers’ comp/third-party case.

Yazoo City, Mississippi v. Hampton, 2022-IA-01284-SCT (Civil – Property Damage)
Reversing denial of summary judgment in a case seeking to hold the City liable for alleged ineffective firefighting and alleged resulting cardiac stress, holding that the City was immune under the MTCA from both property damage and personal injury liability where the evidence did not support a finding of reckless disregard by the fire department.
(9-0)

St. Dominic-Jackson Memorial Hospital v. Martin, 2023-CA-00285-SCT (Civil – Personal Injury)
Reversing judgment on a jury verdict in case stemming from a fall in an emergency room parking lot, holding that the evidence did not require judgment in the defendant’s favor but that the trial court erred by granting a negligence per se instruction and remanded for a new trial.
(9-0)

Mississippi Department of Corrections v. McClure, 2022-IA-01201-SCT (Civil – State Boards and Agencies)
Affirming the circuit court’s denial of a motion to dismiss for lack of jurisdiction over a former probation officer’s claim for unpaid wages for work with the MDOC, holding that Mississippi courts have jurisdiction to hear state employees’ claims against their employers for breach of contract and that the exhaustion doctrine did not apply because there was not adequate administrative remedy.
(9-0)

VT Halter Marine, Inc. v. Certain Underwriters of Lloyd’s of London Subscribing to Policy Number B0507M17PH04660, 2023-CA-00019-SCT (Civil – Insurance)
Affirming summary judgment in favor of an insurer in a suit by an insured seeking coverage for costs incurred in repairing and replacing flange plates that failed due to faulty workmanship, holding the insurance policy unambiguously excluded the cost of replacing or repairing improper or defective materials.
(9-0)

Brent v. Mississippi Dept. of Human Services, 2022-CT-00529-SCT (Civil – Workers’ Compensation)
Reversing the decision of the Mississippi Court of Appeals that affirmed trial court’s decision allowing the intervening employer/carrier’s EME costs be included in the statutory lien, holding that the EME was not a “reasonable and necessary medical expense” and therefore not properly included in the lien amount.
(9-0)

Other Orders

  • DeJohnette v. State, 2022-CA-00249-SCT (denying cert)
  • Chambliss v. Chambliss, 2023-CT-00087-SCT (denying cert)

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