Mississippi Case Commentaries

Retroactive Reciprocal Suspension When Attorney Is Inactive and Not Practicing: Mississippi Bar v. Newcomb

Date: Mar 25, 2026

Retroactive Reciprocal Suspension When Attorney Is Inactive and Not Practicing Case: The Mississippi Bar v. Andrew M. Newcomb (Miss. 2026-03-19) Court: Supreme Court of Mississippi (en banc)...

Gibson v. State of Mississippi — Excusable-Homicide Instruction Required When Evidence Supports § 97-3-17, Even if Defendant Acted Intentionally

Date: Mar 25, 2026

Excusable-Homicide Instruction Required When Evidence Supports Mississippi Code § 97-3-17—Intentional Push/Strike Is Not a Per Se Bar Introduction In Gibson v. State of Mississippi (Miss. Mar. 19,...

Hewitt v. TJM Properties, Inc.: No Standing or Construction-Lien Rights from Expired Redevelopment Expectations; Senior Foreclosure Extinguishes Subordinate Claims

Date: Mar 25, 2026

Hewitt v. TJM Properties, Inc.: No Standing or Construction-Lien Rights from Expired Redevelopment Expectations; Senior Foreclosure Extinguishes Subordinate Claims Introduction Hewitt v. TJM...

Youth-Court Restitution Orders Are Not Final and Require Interlocutory Review Under Mississippi Code § 43-21-651

Date: Mar 25, 2026

Youth-Court Restitution Orders Are Not Final and Require Interlocutory Review Under Mississippi Code § 43-21-651 1. Introduction In the Interest of R.H., A Minor (Miss. Mar. 19, 2026) arose from...

Randle v. Ivy: Preprimary Qualification Appeals Under § 23-15-961 Become Moot After Elections and Cannot Yield a Special Election

Date: Mar 18, 2026

Randle v. Ivy: Preprimary Qualification Appeals Under § 23-15-961 Become Moot After Elections and Cannot Yield a Special Election Introduction Randle v. Ivy (Miss. Mar. 12, 2026) arises from a...

Vance v. State of Mississippi: Unholstered, Loaded Firearm Handling Can Justify a Culpable-Negligence Manslaughter Instruction; Lay “Abuse” Opinions Require First-Hand Knowledge

Date: Mar 8, 2026

Vance v. State of Mississippi: Unholstered, Loaded Firearm Handling Can Justify a Culpable-Negligence Manslaughter Instruction; Lay “Abuse” Opinions Require First-Hand Knowledge 1. Introduction In...

Recent Annexation History and Unfinished Service Obligations Are Proper “Totality” Factors in Mississippi Annexation Reasonableness Review

Date: Mar 5, 2026

Recent Annexation History and Unfinished Service Obligations Are Proper “Totality” Factors in Mississippi Annexation Reasonableness Review Case: In The Matter of The Enlarging, Extending and Defining...

Mississippi Adopts Evidentiary Limits on “Reptile Theory” Safety Appeals and Reaffirms New-Trial-Motion Preservation for Weight-of-the-Evidence Review

Date: Feb 22, 2026

Mississippi Adopts Evidentiary Limits on “Reptile Theory” Safety Appeals and Reaffirms New-Trial-Motion Preservation for Weight-of-the-Evidence Review I. Introduction Vickie Greer v. Michael C. Key...

Optional Nursing-Home Arbitration Clauses Are Not “Health-Care Decisions” a Surrogate May Make Under Mississippi’s Uniform Health-Care Decisions Act

Date: Feb 22, 2026

Optional Nursing-Home Arbitration Clauses Are Not “Health-Care Decisions” a Surrogate May Make Under Mississippi’s Uniform Health-Care Decisions Act Case: Manhattan Nursing and Rehabilitation Center,...

Goods v. State of Mississippi: Autopsy Photos Admissible When Manner of Death Is Disputed; Culpable-Negligence Instruction Not “Civil” If It First States the Criminal-Grade Standard

Date: Feb 16, 2026

Goods v. State of Mississippi: Autopsy Photos Admissible When Manner of Death Is Disputed; Culpable-Negligence Instruction Not “Civil” If It First States the Criminal-Grade Standard I. Introduction...

Supreme Court Approval of Sixth Chancery District Local Rules Establishing Random E-Filing Case Assignment and Structured Motion-Day Practice

Date: Feb 10, 2026

Supreme Court Approval of Sixth Chancery District Local Rules Establishing Random E-Filing Case Assignment and Structured Motion-Day Practice I. Introduction In Re: Local Rules (Supreme Court of...

Eyewitness-and-Video Evidence Suffices to Uphold Murder and Aggravated-Assault Verdicts Despite No Recovered Weapon

Date: Jan 30, 2026

Eyewitness-and-Video Evidence Suffices to Uphold Murder and Aggravated-Assault Verdicts Despite No Recovered Weapon Introduction In Williams v. State of Mississippi (Miss. Jan. 29, 2026), the Supreme...

Pegues v. State of Mississippi: Prosecutorial Comment on “More Available” Family Witnesses, Plain-Error Limits, and “On or About” Proof in Constructive Firearm Possession

Date: Jan 28, 2026

Pegues v. State of Mississippi: Prosecutorial Comment on “More Available” Family Witnesses, Plain-Error Limits, and “On or About” Proof in Constructive Firearm Possession Court: Supreme Court of...

Substantial-Evidence Deference to MSDH in CON Approval of a JV-CASF Despite Application Deficiencies and Competing Expert Testimony

Date: Jan 28, 2026

Substantial-Evidence Deference to MSDH in CON Approval of a JV-CASF Despite Application Deficiencies and Competing Expert Testimony Introduction In Singing River Health System v. Mississippi State...

Wallace v. State of Mississippi: “Extreme Indifference” Language Does Not Create a Recklessness Defect When Indictment Alleges Intentional Aggravated Assault; Invited Error Bars Constructive-Amendment Challenges

Date: Jan 13, 2026

Wallace v. State of Mississippi: “Extreme Indifference” Language Does Not Create a Recklessness Defect When Indictment Alleges Intentional Aggravated Assault; Invited Error Bars...

Prosecutorial Comment Permitted When an Uncalled Witness Is More Available to the Defendant (Plain-Error Review Absent Objection)

Date: Jan 9, 2026

Prosecutorial Comment Permitted When an Uncalled Witness Is More Available to the Defendant (Plain-Error Review Absent Objection) Introduction In Hollingsworth v. State of Mississippi (Miss. Jan. 8,...

No Waiver of State-Court Venue Objections When Removal Makes the Defense “Unavailable”: Commentary on Benchmark Insurance Co. v. Harris

Date: Dec 15, 2025

No Waiver of State-Court Venue Objections When Removal Makes the Defense “Unavailable” Commentary on Benchmark Insurance Company, et al. v. Harris, Supreme Court of Mississippi (Dec. 11, 2025) I....

No Automatic Attorney’s Fees on Rule 41(a)(2) Dismissal With Prejudice: Busby v. Lamar and the Limits of Curative Conditions in Mississippi

Date: Dec 15, 2025

No Automatic Attorney’s Fees on Rule 41(a)(2) Dismissal With Prejudice: Busby v. Lamar and the Limits of Curative Conditions in Mississippi I. Introduction The Supreme Court of Mississippi’s decision...

Exclusive Chancery Jurisdiction over Adoptions and Appellate Limits on Remand: Commentary on In the Matter of L.L.T., K.D.T., E.V.T., and S.C.T.

Date: Dec 9, 2025

Exclusive Chancery Jurisdiction over Adoptions and Appellate Limits on Remand: Commentary on In the Matter of L.L.T., K.D.T., E.V.T., and S.C.T.: Lesley Prince v. Mississippi Department of Child...

Noncompete Enforcement After Membership Buyout and Limits on Ambiguous Arbitration Clauses in LLC Operating Agreements: Commentary on Wiggins v. Southern Securities Group

Date: Dec 9, 2025

Noncompete Enforcement After Membership Buyout and Limits on Ambiguous Arbitration Clauses in LLC Operating Agreements Commentary on Robert C. Wiggins v. Southern Securities Group, LLC and Brandi...