Jeremy Walker was convicted of manslaughter in the Alcorn County Circuit Court after a fatal fight with Michael Decker at a 2015 birthday cookout, during which witnesses saw the two men exchange words and physically struggle multiple times before Decker was stabbed and later died. On appeal, Walker claimed plain error from a police investigator’s opinion testimony that allegedly contradicted his defense and that his trial counsel was ineffective for failing to give an opening statement, object to certain testimony, and timely respond to discovery. The Mississippi Court of Appeals affirmed the conviction, finding no reversible error on the investigator’s testimony or most ineffectiveness claims because Walker did not show deficient performance that undermined the trial outcome. The court held the record insufficient to review the discovery-related ineffectiveness claim on direct appeal and denied relief on that issue without prejudice to post-conviction proceedings.

criminal lawprocedure

The case involved a dispute within Union Hill Missionary Baptist Church over the selection of deacons and trustees, in which the church sought injunctive relief from the Madison County Chancery Court after an initial congregational vote. The chancellor denied a motion to stay proceedings, personally oversaw and certified a second vote on the officers, and issued orders ratifying the results. After the Mississippi Supreme Court ruled in a related prior case (Union Hill I) that courts lack jurisdiction over such ecclesiastical matters under the ecclesiastical abstention doctrine, the chancery court dismissed the complaint with prejudice and vacated its prior orders. The Court of Appeals affirmed the dismissal, holding that the issues were substantially similar to those in Union Hill I and that the chancellor had no authority to order or oversee the church vote on leadership positions.

religious liberty

Gilberto Alarcon Mortera, a condominium unit owner at Kona Villa, sued the homeowners association after it declined to pursue a property damage insurance claim with State Farm for approximately $59,000 in interior damage to his unit from a water leak originating in the unit above. The circuit court granted summary judgment to the Association, finding that the condominium by-laws placed responsibility for interior repairs on individual unit owners. The Mississippi Court of Appeals reversed and remanded, holding that summary judgment was improper because genuine issues of material fact remained. The court reasoned that the insurance policy expressly covers certain interior items such as fixtures, improvements, and appliances within units, that the by-laws contain potentially ambiguous provisions on maintenance responsibilities and the Association’s role, and that these questions bear directly on whether the Association had a fiduciary duty to pursue the claim on Mortera’s behalf.

propertyprocedure

This case involved a post-divorce custody dispute in which Krystalynn Shipley petitioned the Lauderdale County Chancery Court to modify the parties’ 2021 joint physical and legal custody agreement for their three sons, citing an inability to co-parent effectively, and also sought contempt findings against Samuel Shipley. After hearings spanning 2022 and 2023, the chancellor found a material change in circumstances and awarded Krystalynn sole physical and legal custody. Samuel appealed. The Mississippi Court of Appeals affirmed, holding that the chancellor’s best-interest analysis was supported by the record, including evidence of ongoing parental conflict and the children’s welfare needs.

family law

Regie Dale Goodson was convicted by a Smith County jury of possessing methamphetamine and sentenced as a habitual offender to six years in prison; he appealed, claiming the trial court wrongly denied his motion to suppress the drug evidence, abused its discretion by granting the State’s motion in limine, and erred by denying his post-trial motion for JNOV or a new trial. The Mississippi Court of Appeals affirmed the conviction and sentence. The court held that the methamphetamine was lawfully seized under the plain-view doctrine after an officer saw part of a clear bag containing a crystal-like substance protruding from Goodson’s watch pocket during a lawful encounter on a public road, that the trial court properly limited certain evidence of alleged chain-of-custody inconsistencies, and that the remaining evidence—including Goodson’s admission that the substance was methamphetamine—was sufficient for a rational jury to convict and not against the overwhelming weight of the evidence.

criminal lawprocedure

The case involved Timothy Dewayne Taylor’s appeal from his conviction in Jefferson Davis County Circuit Court for aggravated assault with a deadly weapon, for which he received a 20-year sentence. Taylor argued that his constitutional right to a speedy trial had been violated by a delay of 2,883 days—nearly eight years—between his March 2015 arrest and his February 2023 trial, citing periods attributable to mental evaluations, plea negotiations, and other proceedings. The Mississippi Court of Appeals reviewed the full record under the totality-of-the-circumstances test and concluded that the delay did not require reversal. It therefore affirmed the conviction and sentence. A separate opinion by one judge concurred in the result but urged stricter enforcement of statutory speedy-trial timelines.

criminal lawprocedure

In this case, Douglas Craft was convicted of second-degree murder and sentenced to twenty-five years after shooting and killing his nephew Austin Spivey in July 2018 during a family altercation in Smith County, Mississippi, stemming from disputes over power of attorney and their late mother's estate; Craft had claimed self-defense at trial. He appealed after the trial court denied his post-trial motions, arguing insufficient evidence for a directed verdict, improper jury instructions, that the verdict was against the overwhelming weight of the evidence, and ineffective assistance of counsel. The Mississippi Court of Appeals affirmed the conviction, finding sufficient evidence to support the jury's verdict beyond a reasonable doubt, that the verdict was not contrary to the weight of the evidence, no abuse of discretion in the jury instructions, and that the ineffective-assistance claims were better suited for post-conviction proceedings.

criminal lawprocedure

The case involved JLS Farm Partnership and the Shorts, who leased farmland in Bolivar County from Break/Kennedy for soybean production and faced crop losses from deer migrating from adjacent hunting club properties. After obtaining and using a MDWFP deer depredation permit, which was later revoked due to high river levels displacing the deer, the landlords declined to approve a second permit or renew the lease; the plaintiffs then sued the landlords and Break Hunting Club on claims including breach of lease, promissory estoppel regarding an alleged rent reduction, and interference with the permit process. The Bolivar County Circuit Court granted summary judgment to the defendants, and the Court of Appeals affirmed. The appellate court held there were no genuine issues of material fact, as the lease gave the landlords discretion not to renew, any alleged promise of rent relief was not relied upon by the plaintiffs who paid full rent, and the plaintiffs had sufficient opportunity but failed to timely respond to the summary judgment motions.

propertyprocedurebusiness & regulatorytorts & liability

After fifteen years of marriage and the birth of two children, Michael and Rebecca Adams separated in 2020 and agreed to a no-fault divorce in Lamar County Chancery Court but contested physical custody. Following a two-day trial, the chancellor awarded sole physical custody to Rebecca, finding it served the children's best interests after weighing the Albright factors, particularly the preference for keeping siblings together and maintaining their established stability and routine in Hattiesburg. Michael appealed, arguing the chancellor abused her discretion in the custody determination. The Mississippi Court of Appeals affirmed, holding that substantial evidence supported the chancellor's findings, including that Rebecca's past mental health issues had not harmed the children and that she had not alienated them from Michael.

family law

In this Mississippi probate dispute, Leonard Allen Harvey’s will left his entire estate to his longtime friend Nina Janelle Schwark, whom he described as a daughter “not by blood but by choice.” After Harvey died weeks later, Schwark sought to probate the will, but Robin Chimento and other relatives contested it, raising issues of testamentary capacity, undue influence, proper execution, and whether the lost original could be admitted. The Jackson County Chancery Court ruled the will valid after a bench trial, and the Court of Appeals affirmed. The appellate court held that the record contained substantial evidence supporting the chancellor’s findings that Harvey possessed capacity, the will was duly executed with two witnesses and a notary, no undue influence existed, and Schwark overcame the presumption of revocation by showing the original had been placed in a sealed envelope with her father shortly before Harvey’s death.

family lawproperty

Mancel L. Rencher appealed the Alcorn County Circuit Court’s denial of his post-conviction relief motion after he pled guilty in 2022 to aggravated assault (a reduced charge from attempted murder) and two counts of shooting into a motor vehicle, for which he received a 20-year sentence plus suspended terms and post-release supervision. Rencher argued that his trial counsel provided ineffective assistance by failing to request a presentence report, seek a speedy trial, or give proper advice during plea negotiations. The Mississippi Court of Appeals affirmed the denial of relief, holding that Rencher’s guilty plea waived his speedy-trial claim and that he had not shown the plea was involuntary or unknowing despite an initial misstatement of the sentence that was promptly corrected. Applying the two-prong Strickland test, the court found no deficient performance by counsel, noting that strategic decisions such as forgoing a presentence report are entitled to deference and that Rencher failed to demonstrate prejudice.

criminal lawprocedure

In May 2023, a Lee County Circuit Court jury convicted Bradley Kevin King of second-degree murder for fatally shooting Randy “Buzzard” Benson during a dispute over a $1,200 debt inside an apartment in Tupelo, Mississippi. The trial court sentenced King to forty years in custody, with ten years suspended, thirty years to serve, and five years of post-release supervision. King’s appellate counsel filed a brief under Lindsey v. State, stating that no arguable issues for appeal could be identified after a thorough review of the record. The Mississippi Court of Appeals conducted its own independent examination of the trial transcript, evidence, jury instructions, and all other proceedings, and likewise found no arguable issues warranting reversal. The court therefore affirmed King’s conviction and sentence.

criminal law

Rae Young Chung was pulled over by a Brandon police officer on Interstate 20 while driving his commercial truck; the officer found no drugs but seized $225,000 in cash from a bag in the vehicle, leading the State to file a civil forfeiture action under Mississippi Code Annotated section 41-29-153. After a bench trial, the Rankin County Circuit Court ruled the money forfeitable as connected to drug trafficking. On appeal, the Court of Appeals reversed and rendered that judgment, holding that the State failed to meet its burden of proving by a preponderance of the evidence that the cash was the product of or an instrumentality of controlled-substance violations. The court concluded that the circumstantial factors cited—such as the large sum, logbook discrepancies, travel patterns, and expert testimony—were insufficient to establish the required nexus when weighed against the absence of any drugs, negative database checks, and other non-criminal explanations in the record.

criminal lawpropertyprocedure

In 2023, a Neshoba County jury convicted Tywanda Norton of methamphetamine possession and felon-in-possession of a firearm after officers stopped his car for careless driving, smelled marijuana, saw a rifle in plain view, and found methamphetamine, scales, and cash during a search. Norton was sentenced as a habitual offender to concurrent terms of eight and ten years, and he appealed solely on grounds of ineffective assistance of counsel. The Court of Appeals affirmed the convictions and sentences, holding that it could not address the ineffective-assistance claim on direct appeal because the record did not affirmatively demonstrate constitutional ineffectiveness and the parties had not stipulated that the record was adequate for review. The court therefore preserved the claim for a properly filed motion for post-conviction relief.

criminal lawprocedure

Firnist Alexander sued the Metropolitan Y.M.C.A. for personal injury after nearly drowning at its Flowood, Mississippi pool in 2015, claiming the facility was negligent for lacking a properly trained lifeguard and failing to rescue him promptly. He filed the complaint in Rankin County Circuit Court in 2018; during discovery he conducted no depositions, designated no experts, and did not timely pursue more specific responses to his earlier requests. After the YMCA moved for summary judgment following the close of discovery, the circuit court held the motion in abeyance, gave Alexander additional time to cure deficiencies, and directed him to respond, but he did neither. The court then granted summary judgment, and the Mississippi Court of Appeals affirmed, reasoning that Alexander had over three years yet produced no evidence to establish the elements of negligence or create a genuine issue of material fact, relying solely on bare assertions in his pleadings.

torts & liabilityprocedure

Alexander Easterling was convicted by a Simpson County jury of possession of a controlled substance (methamphetamine and Klonopin) as a second or subsequent offender and habitual offender, based on evidence from a 2020 traffic stop where an officer found the drugs after Easterling admitted to possessing them and consented to a search. He was sentenced to six years in custody. On appeal, his appointed counsel filed a Lindsey brief stating that a thorough review of the record revealed no arguable issues for reversal, and Easterling did not submit a pro se supplemental brief despite being given extra time. After conducting its own independent examination of the trial transcript, evidence, jury instructions, sentencing, and potential claims (including Fourth Amendment, speedy trial, and ineffective assistance issues), the Court of Appeals found no reversible error and sufficient evidence to support the conviction. It therefore affirmed the judgment.

criminal law

Corr Properties purchased property in a Mississippi subdivision and built a brick wall after obtaining approval from the homeowners’ association but without required neighbor acknowledgments, city permits, or accurate height disclosures; the wall encroached twenty-five feet onto the adjoining Proctors’ property and exceeded the represented height. The Proctors sued for an injunction to address the encroachment and related damages, while Corr Properties counterclaimed over an existing underground irrigation pipe on its side of the line. The chancellor ordered both parties to remedy their respective encroachments, granted the Proctors’ motion for attorney’s fees based on Corr Properties’ violations of covenants and city rules, and denied Corr Properties’ similar motion. On appeal, the Mississippi Court of Appeals affirmed, holding that the chancellor did not abuse discretion because the record showed Corr Properties’ intentional misconduct and misrepresentations, whereas the Proctors’ encroachment was unintentional and they voluntarily agreed to correct it.

propertyproceduretorts & liability

The case involved Michael Shipp's appeal from his convictions in DeSoto County Circuit Court for conspiracy to commit murder, attempted murder, and capital murder, stemming from his alleged participation in a dice game at an apartment that turned into an armed robbery and shooting. After a jury found him guilty on all counts and the trial court denied his post-trial motion, Shipp challenged the sufficiency of the evidence supporting the conspiracy conviction and the court's refusal to give his proposed jury instruction on duress as a defense. The Mississippi Court of Appeals affirmed the convictions and sentences. It held that the State's evidence was sufficient to prove Shipp conspired with others to commit the crimes and that the trial court properly refused his duress instruction because the applicable law on duress was already covered by the State's given instruction.

criminal law

Charles L. Wells was convicted in Wilkinson County Circuit Court of conspiracy to commit murder and first-degree murder in the 2018 death of Carl Newton, and sentenced to twenty years and life imprisonment, respectively, to run concurrently. The charges stemmed from a revenge plot after Newton shot co-defendant Nathan Lollis; testimony showed Lollis recruited the Anderson brothers to assault Newton, with Wells and Marcel Smith transporting Newton to the scene where Wells allegedly produced a revolver. On appeal, Wells challenged the sufficiency and weight of the evidence due to inconsistencies in the Andersons’ accounts regarding their arrival at the church and the truck’s description. The Mississippi Court of Appeals affirmed the convictions, holding that the jury was entitled to resolve conflicts in the testimony, credit the brothers’ consistent identification of Wells as the shooter who brandished the gun before gunshots were heard, and reach a verdict supported by the record.

criminal law

Erby Jackson Jr. was convicted by a jury in Marshall County Circuit Court of first-degree murder and burglary after evidence showed he was linked to the stabbing death of Jennifer Marie Irby-Melgoza, whose body was found in a crashed truck containing his personal items, and that he had broken into a nearby church and taken a Bible. The trial court sentenced him as a violent habitual offender to life imprisonment without eligibility for early release. On appeal, Jackson challenged the sufficiency and weight of the evidence for both convictions, the admissibility of certain testimony and statements, and other trial rulings. The Mississippi Court of Appeals affirmed the convictions and sentence, holding that the evidence supported the jury’s findings—including felonious intent for the burglary based on Jackson’s act of removing the Bible—and that none of the asserted errors warranted reversal. The court also declined to address Jackson’s supplemental pro se claims due to procedural deficiencies.

criminal lawprocedure