Mississippi Case Commentaries

Rule 56(f) Requires Discovery Before Summary Judgment on Fact-Intensive Equitable Defenses to Condominium Covenant Enforcement

Date: Sep 16, 2026

Rule 56(f) Requires Discovery Before Summary Judgment on Fact-Intensive Equitable Defenses to Condominium Covenant Enforcement Case: Sea Breeze Condominiums & Resort Owners' Association, Inc. v....

Knighten v. VitalCore: McArn Wrongful-Discharge Claims Require Reported Conduct Warranting Criminal Penalties; Swindol Does Not Broaden McArn

Date: Sep 9, 2026

Knighten v. VitalCore: McArn Wrongful-Discharge Claims Require Reported Conduct Warranting Criminal Penalties; Swindol Does Not Broaden McArn 1. Introduction In Knighten v. VitalCore Health...

Deliberate Design May Be Inferred from Repeated Shooting and Reloading; Invited-Error Bar for Omitted Lesser-Included Homicide Instruction

Date: Aug 31, 2026

Deliberate Design May Be Inferred from Repeated Shooting and Reloading; Invited-Error Bar for Omitted Lesser-Included Homicide Instruction 1. Introduction In White v. State of Mississippi (Miss. Aug....

Bush v. Marion General Hospital — COVID-19 Emergency Immunity Requires a Proven Causal Nexus to the Alleged Negligent Act or Omission

Date: Aug 31, 2026

COVID-19 Emergency Immunity Requires a Proven Causal Nexus to the Alleged Negligent Act or Omission Case: Bush v. Marion General Hospital (Supreme Court of Mississippi, Aug. 27, 2026) | Disposition:...

Initiating a Shootout as Aggravated Assault: Proximate-Cause Liability Under Miss. Code § 97-3-7(2)(a)(i) Without Proof the Defendant Fired the Injuring Shot

Date: Aug 25, 2026

Initiating a Shootout as Aggravated Assault: Proximate-Cause Liability Under Miss. Code § 97-3-7(2)(a)(i) Without Proof the Defendant Fired the Injuring Shot Case: House v. State of Mississippi...

Constructive-Possession Instructions Are Proper in Receiving-Stolen-Property Cases When the Elements Instruction Separately Requires Guilty Knowledge

Date: Aug 25, 2026

Constructive-Possession Instructions Are Proper in Receiving-Stolen-Property Cases When the Elements Instruction Separately Requires Guilty Knowledge I. Introduction In Merriman v. State of...

Tax Assessment Notice by First-Class Mail: Agency System Records and Affidavits Prove Mailing; Mere Denial of Receipt Does Not Defeat Timeliness or Due Process

Date: Aug 25, 2026

Tax Assessment Notice by First-Class Mail: Agency System Records and Affidavits Prove Mailing; Mere Denial of Receipt Does Not Defeat Timeliness or Due Process 1. Introduction Carroll Brothers, LLC...

Juvenile First-Degree Murder After July 1, 2024: “Life Imprisonment” Under § 97-3-21(2)(b) Does Not Authorize LWOP and Cannot Be Defined by Importing the Parole Statute

Date: Aug 25, 2026

Juvenile First-Degree Murder After July 1, 2024: “Life Imprisonment” Under § 97-3-21(2)(b) Does Not Authorize LWOP and Cannot Be Defined by Importing the Parole Statute 1. Introduction Gregg v. State...

Breaking the Ballot-Box Seal Triggers a Special Election Without Proof of Fraud

Date: Aug 19, 2026

Breaking the Ballot-Box Seal Triggers a Special Election Without Proof of Fraud Introduction In Michael Cathey v. Allen "Vashon" Tanksley (Miss. Aug. 13, 2026), the Supreme Court of Mississippi...

UPCCRA Intervening-Decision Exception Requires a Showing of Actual Adverse Effect; Andrew v. White Does Not Automatically Reopen Time-Barred, Successive Capital PCR Claims

Date: Aug 19, 2026

UPCCRA Intervening-Decision Exception Requires a Showing of Actual Adverse Effect; Andrew v. White Does Not Automatically Reopen Time-Barred, Successive Capital PCR Claims 1. Introduction This en...

Mississippi County Election Commissions Lack Statutory Jurisdiction to Disqualify County Court Judge Candidates Pre‑Election

Date: Aug 19, 2026

Mississippi County Election Commissions Lack Statutory Jurisdiction to Disqualify County Court Judge Candidates Pre‑Election Introduction In In Re: Petition to Disqualify Kevin A. Adams as a...

Appellate Waiver and the Limits of M.R.A.P. 10(e): Failure to Brief Summary-Judgment Error Forfeits Review; Post-Judgment Evidence Cannot Cure the Record

Date: Aug 19, 2026

Appellate Waiver and the Limits of M.R.A.P. 10(e): Failure to Brief Summary-Judgment Error Forfeits Review; Post-Judgment Evidence Cannot Cure the Record I. Introduction In Demetrius Johnson v. Erich...

Withdrawn Consent Mid-Procedure: Mississippi Adopts the “Medical Feasibility” Expert-Testimony Requirement for Medical Battery

Date: Aug 11, 2026

Withdrawn Consent Mid-Procedure: Mississippi Adopts the “Medical Feasibility” Expert-Testimony Requirement for Medical Battery Case: Shani M. Brown v. Dr. Barbara Davey-Sullivan and The Woman's...

Waiver Rule in Medical Malpractice: Unobjected-to Standard-of-Care Testimony (Even If Not Tendered as Expert) Must Be Considered on Sufficiency Review

Date: Aug 11, 2026

Waiver Rule in Medical Malpractice: Unobjected-to Standard-of-Care Testimony (Even If Not Tendered as Expert) Must Be Considered on Sufficiency Review Case: Mary Margaret Upchurch and Rickie Upchurch...

Recklessness for Felony Evasion Under Miss. Code § 97-9-72(2): Dangerous Flight—Not Speed Alone—Supports Conviction

Date: Aug 10, 2026

Recklessness for Felony Evasion Under Miss. Code § 97-9-72(2): Dangerous Flight—Not Speed Alone—Supports Conviction 1. Introduction In Elizabeth Ann Bozard a/k/a Elizabeth A. Jones a/k/a Elizabeth...

Minutes-Rule Bar to Equitable Pay Claims for Unapproved School-District Coaching Stipends (and Interlocutory Review Under MRAP 5)

Date: Aug 10, 2026

Minutes-Rule Bar to Equitable Pay Claims for Unapproved School-District Coaching Stipends (and Interlocutory Review Under MRAP 5) Introduction In Coahoma County School District Board of Education,...

Patient Suspicion Starts MTCA Discovery-Rule Clock Without Second Opinion

Date: Aug 10, 2026

Patient Suspicion Starts MTCA Discovery-Rule Clock Without Second Opinion 1. Introduction In University of Mississippi Medical Center v. Corlexia Carter (Miss. Aug. 6, 2026), the Supreme Court of...

Cellebrite Cell-Phone Extractions as Non-Expert “Operator” Evidence: No Rule 702 Reliability Finding Required

Date: Aug 10, 2026

Cellebrite Cell-Phone Extractions as Non-Expert “Operator” Evidence: No Rule 702 Reliability Finding Required Joseph David Heard v. State of Mississippi (Miss. Aug. 6, 2026) — Capital murder...

Adverse-Possession Claimants Have Standing to Challenge Tax Sales; § 29-1-21 Is Not a Standing Bar

Date: Aug 10, 2026

Adverse-Possession Claimants Have Standing to Challenge Tax Sales; § 29-1-21 Is Not a Standing Bar Case: Jermille Johnson v. Elizabeth Cleveland, et al. Court: Supreme Court of Mississippi Date:...

Rencher v. State of Mississippi Commentary

Date: Jul 30, 2026

Rencher v. State of Mississippi: Meta/AT&T Records Are Self-Authenticating Under MRE 902(11), and “Google Earth” Coordinate Plotting May Be Proven by Lay Testimony Introduction In Rencher v. State of...