Mississippi Case Commentaries

Clark v. State: Mississippi Supreme Court Abolishes Procedural Waiver for First-Time Atkins Claims

Date: Jun 20, 2025

Clark v. State: Mississippi Supreme Court Abolishes Procedural Waiver for First-Time Atkins Claims Introduction In Tony Terrell Clark v. State of Mississippi, decided on 19 June 2025, the Mississippi...

No Interstate Sovereign Immunity for Sister-State Municipal Corporations: The Promenade D’Iberville, LLC v. Jacksonville Electric Authority

Date: Jun 13, 2025

No Interstate Sovereign Immunity for Sister-State Municipal Corporations in Mississippi The Supreme Court of Mississippi’s decision in The Promenade D’Iberville, LLC v. Jacksonville Electric...

“Wilful” Means “Knowing” – Mississippi Supreme Court Clarifies Mens Rea for Drug Possession and Re-affirms a Flexible Lindsey Review

Date: Jun 13, 2025

“Wilful” Means “Knowing” – Mississippi Supreme Court Clarifies Mens Rea for Drug Possession and Re-affirms a Flexible Lindsey Review Introduction The Mississippi Supreme Court’s decision in Mercedes...

Mississippi Reinforces the Invited-Error Bar: When a Defendant Crafts the Faulty Elements Instruction, the State Need Not Save Him

Date: Jun 6, 2025

Mississippi Reinforces the Invited-Error Bar: Jimmy Allen v. State of Mississippi and the Re-allocation of Jury-Instruction Duties 1. Introduction On 5 June 2025 the Supreme Court of Mississippi...

“From Forms to Flexibility” – The Mississippi Supreme Court’s 2025 Order Streamlining the Mississippi Rules of Civil Procedure

Date: Jun 6, 2025

“From Forms to Flexibility” – The Mississippi Supreme Court’s 2025 Order Streamlining the Mississippi Rules of Civil Procedure Introduction On 20 May 2025, the Supreme Court of Mississippi, sitting...

“Netting” Alimony Arrearages in Probate: The Supreme Court of Mississippi Mandates Credit Off-Set and Confirms Standing of a Deceased Spouse’s Estate ― Commentary on In Re Estate of Edwin Lea Brent (2025)

Date: Jun 6, 2025

“Netting” Alimony Arrearages in Probate: The Supreme Court of Mississippi Mandates Credit Off-Set and Confirms Standing of a Deceased Spouse’s Estate Commentary on In Re The Estate of Edwin Lea...

Mississippi Supreme Court Defines Joinder and Consolidation Criteria for Multi-Party Mass-Tort Settlement-Fund Disputes

Date: May 30, 2025

Mississippi Supreme Court Defines Joinder and Consolidation Criteria for Multi-Party Mass-Tort Settlement-Fund Disputes Introduction The Supreme Court of Mississippi’s decision in Freese, Goss &...

Affirming First-Degree Murder Convictions: Weight-of-Evidence Standard and Creduality in Recanted Confessions

Date: May 30, 2025

Affirming First-Degree Murder Convictions: Weight-of-Evidence Standard and Credibility in Recanted Confessions Introduction The Supreme Court of Mississippi’s decision in Keith Coleman, Jr. a/k/a K2...

Adequacy of Notice Pleading under Mississippi Rule 8(a) in Premises Liability Claims Despite Landowners Protection Act §11-1-66.1

Date: May 23, 2025

Adequacy of Notice Pleading under Mississippi Rule 8(a) in Premises Liability Claims Despite Landowners Protection Act §11-1-66.1 Introduction This commentary examines the Mississippi Supreme Court’s...

Mootness Bars Appellate Review of Judicial Sale of LLC Membership Interests in Estates

Date: May 23, 2025

Mootness Bars Appellate Review of Judicial Sale of LLC Membership Interests in Estates Introduction This commentary examines the Mississippi Supreme Court’s decision in In the Matter of the Estate of...

Reaffirming UPCCRA Procedural Bars in Capital Post-Conviction Relief: Chamberlin v. Mississippi

Date: May 16, 2025

Reaffirming UPCCRA Procedural Bars in Capital Post-Conviction Relief: Chamberlin v. Mississippi Introduction The Supreme Court of Mississippi’s en banc decision in Lisa Jo Chamberlin v. State of...

Prohibition of Third-Party Cause-of-Action Purchases in Bankruptcy under Mississippi’s Champerty Statute

Date: May 16, 2025

Prohibition of Third-Party Cause-of-Action Purchases in Bankruptcy under Mississippi’s Champerty Statute Introduction This commentary examines Crabtree v. Allstate Property and Casualty Insurance...

Restricting In Forma Pauperis Post-Conviction Filings as a Sanction for Frivolous, Successive, and Time-Barred Applications (Shoemaker v. State)

Date: May 9, 2025

Restricting In Forma Pauperis Post-Conviction Filings as a Sanction for Frivolous, Successive, and Time-Barred Applications (Shoemaker v. State) 1. Introduction This en banc Order from the Supreme...

Landlord Non-Liability for Tenant’s Concealed Dog under a “No-Pet” Lease: Actual or Constructive Knowledge Requirement Clarified

Date: May 9, 2025

Landlord Non-Liability for Tenant’s Concealed Dog under a “No-Pet” Lease: Actual or Constructive Knowledge Requirement Clarified Introduction TLM Investments, LLC v. Shanda Yates, decided by the...

Separateness of Third-Party Freight Transactions Exempts Them from Mississippi Use Tax

Date: May 2, 2025

Separateness of Third-Party Freight Transactions Exempts Them from Mississippi Use Tax Introduction Mississippi Department of Revenue v. Tennessee Gas Pipeline Company, LLC (No. 2023-SA-01079-SCT) is...

Expanding Aiding and Abetting Liability in Mississippi First-Degree Murder

Date: May 2, 2025

Expanding Aiding and Abetting Liability in Mississippi First-Degree Murder Introduction Jayme Lynn Tubbs v. State of Mississippi addresses the scope of accomplice liability in first-degree murder and...

Supreme Court of Mississippi Establishes Revised Ethics and Practice Standards for Certified Court Reporters

Date: May 2, 2025

Supreme Court of Mississippi Establishes Revised Ethics and Practice Standards for Certified Court Reporters Introduction On May 1, 2025, the Supreme Court of Mississippi issued an order granting the...

Causation in Medical Negligence: Admission vs. Observation Clarified

Date: Apr 25, 2025

Causation in Medical Negligence: Admission vs. Observation Clarified Introduction This commentary examines the Supreme Court of Mississippi’s decision in United Emergency Services of Mississippi,...

Inferred Intent through Weapon Discharge and Reloading: Clarifying Attempted Murder Under Mississippi Law

Date: Apr 25, 2025

Inferred Intent through Weapon Discharge and Reloading: Clarifying Attempted Murder Under Mississippi Law Introduction The Supreme Court of Mississippi’s decision in Damaris Quinn a/k/a Demaris Quinn...

Reaffirming Judicial Discretion and Best-Interest Standard in Minor Name-Change Petitions Involving Gender Transition

Date: Apr 18, 2025

Reaffirming Judicial Discretion and Best-Interest Standard in Minor Name-Change Petitions Involving Gender Transition Introduction In In the Matter of the Petition of S.M.-B. v. Mississippi State...