Mississippi Case Commentaries

Amendments that Materially Change Interest Terms Are New, Time‑Barred Claims Under Mississippi Probate Law (§ 91-7-151)

Date: Sep 25, 2025

Amendments that Materially Change Interest Terms Are New, Time‑Barred Claims Under Mississippi Probate Law (§ 91-7-151) Case: In Re The Estate of Herbert Bernard Ivison, Jr.: Malouf & Malouf, PLLC v....

Wrongful‑Death Beneficiaries Stand in the Shoes of Government Employees: Mississippi Supreme Court Extends MTCA § 11-46-9(1)(l) Immunity to Bar Claims Against Any Governmental Entity and Upholds Statute’s Constitutionality

Date: Sep 12, 2025

Wrongful‑Death Beneficiaries Stand in the Shoes of Government Employees: Mississippi Supreme Court Extends MTCA § 11-46-9(1)(l) Immunity to Bar Claims Against Any Governmental Entity and Upholds...

Issue Preservation in Mississippi Tax Appeals: Chancery Court’s De Novo Review under § 27-77-7 Is Limited to Properly Appealed Questions; No Advisory Opinions

Date: Sep 12, 2025

Issue Preservation in Mississippi Tax Appeals: Chancery Court’s De Novo Review under § 27-77-7 Is Limited to Properly Appealed Questions; No Advisory Opinions Case: Watkins Construction, Inc. v....

Sanctioning Serial Post-Conviction Filings: Mississippi Supreme Court Restricts In Forma Pauperis Access for Frivolous, Successive PCR Applications

Date: Sep 12, 2025

Sanctioning Serial Post-Conviction Filings: Mississippi Supreme Court Restricts In Forma Pauperis Access for Frivolous, Successive PCR Applications I. Introduction In Jarvis Shelton v. State of...

Forecasting Complications Is Expert Testimony: Mississippi Supreme Court Clarifies the Lay–Expert Boundary for Treating Physicians

Date: Sep 9, 2025

Forecasting Complications Is Expert Testimony: Mississippi Supreme Court Clarifies the Lay–Expert Boundary for Treating Physicians Introduction In Sapireya (a/k/a Saperiya) Smith v. State of...

Clarifying the MPLA’s Reach: Mississippi Supreme Court Limits Products Liability Act to Defective-Product Claims and Preserves Contract and Commercial Implied-Warranty Actions

Date: Sep 9, 2025

Clarifying the MPLA’s Reach: Mississippi Supreme Court Limits Products Liability Act to Defective-Product Claims and Preserves Contract and Commercial Implied-Warranty Actions Introduction In...

No City Permits for State Billboards: Mississippi Supreme Court Reaffirms that Municipal Sign and Zoning Ordinances Do Not Reach State-Owned Property Absent Express Legislative Authorization

Date: Aug 29, 2025

No City Permits for State Billboards: Mississippi Supreme Court Reaffirms that Municipal Sign and Zoning Ordinances Do Not Reach State-Owned Property Absent Express Legislative Authorization Case:...

Ambiguous Lawyer Questions and Non‑Promissory Leniency: Mississippi Supreme Court Clarifies Voluntariness and Miranda in Reyes v. State

Date: Aug 29, 2025

Ambiguous Lawyer Questions and Non‑Promissory Leniency: Mississippi Supreme Court Clarifies Voluntariness and Miranda in Reyes v. State Introduction In Antonio Sauceda Reyes a/k/a Antonio Reyes v....

Mississippi Supreme Court Restricts In Forma Pauperis Post-Conviction Filings After Frivolous, Successive PCR Pleadings

Date: Aug 22, 2025

Mississippi Supreme Court Restricts In Forma Pauperis Post-Conviction Filings After Frivolous, Successive PCR Pleadings Case: Leroy Lynch v. State of Mississippi (Miss. Aug. 21, 2025) (en banc order)...

Supreme Court Clarifies that Unjust-Enrichment Claims Cannot Circumvent Mississippi’s Minutes Rule

Date: Aug 15, 2025

Supreme Court Clarifies that Unjust-Enrichment Claims Cannot Circumvent Mississippi’s Minutes Rule Introduction In The Mississippi State Port Authority at Gulfport v. Yilport Holding A.S., No....

“When the Youth Court Lets Go” — Clarifying Chancery-Court Jurisdiction After Voluntary Youth-Court Relinquishment

Date: Aug 15, 2025

“When the Youth Court Lets Go” — Clarifying Chancery-Court Jurisdiction After Voluntary Youth-Court Relinquishment 1. Introduction K.S. v. M.D. and M.F.D. is the Mississippi Supreme Court’s most...

Reaffirming the One-Continuous-Transaction Doctrine and the M’Naghten Insanity Standard in Capital Cases: Commentary on Martez Abram v. State of Mississippi (2025)

Date: Aug 8, 2025

Reaffirming the One-Continuous-Transaction Doctrine and the M’Naghten Insanity Standard in Capital Cases Comprehensive Commentary on Martez Abram a/k/a Martez Tarrell Abram v. State of Mississippi,...

Harrelson v. State: Refining Plain-Error Review of Improper Comments on “Equally Accessible” Witnesses

Date: Aug 1, 2025

Harrelson v. State: Refining Plain-Error Review of Improper Comments on “Equally Accessible” Witnesses 1. Introduction Jonathan Harrelson, a forty-four-year-old Mississippi resident, was convicted of...

Clarifying the Filing Requirements for Discovery Materials & Embracing E-Service: An Analysis of the Mississippi Supreme Court’s 2025 Amendment to Rule 5

Date: Jul 25, 2025

Clarifying the Filing Requirements for Discovery Materials & Embracing E-Service: An Analysis of the Mississippi Supreme Court’s 2025 Amendment to Rule 5 Introduction On 24 July 2025 the Supreme...

Mandatory Attorney’s-Fee Awards in Certificate-of-Need Litigation Confined to Chancery-Court Appeals: Commentary on Mississippi Methodist Hosp. & Rehab. Ctr. v. MSDH (Miss. 2025)

Date: Jul 9, 2025

Mandatory Attorney’s-Fee Awards in Certificate-of-Need Litigation Confined to Chancery-Court Appeals A Comprehensive Commentary on Mississippi Methodist Hospital & Rehabilitation Center Inc. v. MSDH...

“No Fee Without Privity” – Mississippi Supreme Court Forecloses Third-Party-Beneficiary, Quantum-Meruit and Common-Fund Claims by Associated Counsel against the State

Date: Jul 9, 2025

“No Fee Without Privity” – Mississippi Supreme Court Forecloses Third-Party-Beneficiary, Quantum-Meruit and Common-Fund Claims by Associated Counsel against the State Introduction In Roedel Parsons...

Cole v. State: Clarifying the Tender-Years Hearsay Exception and the Trustworthiness Threshold for 911 CAD Business Records

Date: Jun 30, 2025

Cole v. State: Clarifying the Tender-Years Hearsay Exception and the Trustworthiness Threshold for 911 CAD Business Records 1. Introduction On 26 June 2025, the Supreme Court of Mississippi released...

“Margin-of-Illegality” Clarified: Houston v. Smith and the Mississippi Supreme Court’s Modern Test for Ordering Special Elections

Date: Jun 30, 2025

“Margin-of-Illegality” Clarified: Houston v. Smith and the Mississippi Supreme Court’s Modern Test for Ordering Special Elections Introduction In In re: Republican Primary Runoff for Pearl River...

Reaffirming the Evidentiary Threshold for Constructive Notice under the Mississippi Tort Claims Act – A Commentary on City of Jackson & JPS v. Maxie (Miss. 2025)

Date: Jun 30, 2025

Reaffirming the Evidentiary Threshold for Constructive Notice under the Mississippi Tort Claims Act – A Commentary on City of Jackson, Mississippi & Jackson Public School District v. LaQuita Maxie,...

“Substantial Compliance” and “Unified Representation” Confirmed for Election-Commissioner Qualifications: A Commentary on Brown v. Madison County Board of Supervisors (Miss. 2025)

Date: Jun 20, 2025

“Substantial Compliance” and “Unified Representation” Confirmed for Election-Commissioner Qualifications: A Commentary on Brown v. Madison County Board of Supervisors (Miss. 2025) Introduction The...