Mississippi Case Commentaries

Enforceability of Defense Counsel’s Jury-Cost Commitment under UCRCCC 3.13

Date: Apr 18, 2025

Enforceability of Defense Counsel’s Jury-Cost Commitment under UCRCCC 3.13 Introduction In In Re: M. Zachary Jex, 2025‐SC‐00291‐SCT (Miss. Apr. 17, 2025), the Supreme Court of Mississippi confronted...

Circuit Court’s Exclusive Jurisdiction and Pendent Equity Claims under Mississippi Code § 11-51-75

Date: Apr 18, 2025

Circuit Court’s Exclusive Jurisdiction and Pendent Equity Claims under Mississippi Code § 11-51-75 Introduction The dispute in Mississippi Apartment Association v. City of Jackson turns on the...

Juror Misconduct as Manifest Necessity and Double Jeopardy Protection in Hawkins v. State

Date: Apr 11, 2025

Juror Misconduct as Manifest Necessity and Double Jeopardy Protection in Hawkins v. State Introduction Hawkins v. State, decided April 10, 2025 by the Mississippi Supreme Court, addresses critical...

Autry Estate Decision: Mandatory Compliance With Statutory Will Formalities and Undue Influence Presumptions

Date: Apr 4, 2025

Autry Estate Decision: Mandatory Compliance With Statutory Will Formalities and Undue Influence Presumptions Introduction In In Re The Matter of the Estate of Autry, 2025 WL ___ (Miss. 2025), the...

Limits on Successive Post-Conviction Applications and In Forma Pauperis Restrictions Under Mississippi Law

Date: Apr 4, 2025

Limits on Successive Post-Conviction Applications and In Forma Pauperis Restrictions Under Mississippi Law Introduction In Michael Adams v. State of Mississippi, 2025-M-00014 (Miss. Apr. 3, 2025),...

Clarifying Discretionary-Function Immunity under the Mississippi Tort Claims Act: Ministerial Duties, Discretionary Judgments, and Foreseeability in J.S. v. Ocean Springs

Date: Apr 4, 2025

Clarifying Discretionary-Function Immunity under the Mississippi Tort Claims Act: Ministerial Duties, Discretionary Judgments, and Foreseeability in J.S. v. Ocean Springs Introduction J.S. v. Ocean...

Mandatory Detailed Findings under Ferguson: Sistrunk v. Sistrunk Clarifies Mississippi Equitable Distribution Requirements

Date: Apr 4, 2025

Mandatory Detailed Findings under Ferguson: Sistrunk v. Sistrunk Clarifies Mississippi Equitable Distribution Requirements Introduction Sistrunk v. Sistrunk, decided April 3, 2025 by the Supreme...

Strict Compliance with Statutory Notice Requirements for Tax Sale Redemptions

Date: Mar 28, 2025

Strict Compliance with Statutory Notice Requirements for Tax Sale Redemptions Introduction The Supreme Court of Mississippi’s decision in Foreman v. DHP1, LLC (2025) reinforces the principle that...

Motive-Intent Exception to Rule 404(b): Hunter v. State Precedent

Date: Mar 28, 2025

Motive-Intent Exception to Rule 404(b): Hunter v. State Precedent Introduction Hunter v. State of Mississippi, No. 2023-KA-01246-SCT (Miss. Mar. 27, 2025), is a landmark decision of the Supreme Court...

Reconciling Child Witness Protection with the Confrontation Clause: Mandatory Screens under Miss. Code § 99-43-101(2)(g)

Date: Mar 21, 2025

Reconciling Child Witness Protection with the Confrontation Clause: Mandatory Screens under Miss. Code § 99-43-101(2)(g) Introduction This commentary examines the Supreme Court of Mississippi’s...

Walker v. Mississippi: Evidentiary Basis for Lesser-Included Offense Instructions and Record Preservation Requirements

Date: Mar 21, 2025

Walker v. Mississippi: Evidentiary Basis for Lesser-Included Offense Instructions and Record Preservation Requirements Introduction In Walker v. State of Mississippi, 2025-MS-01153-SCT, the Supreme...

Substance Prevails Over Form: Establishing Time-Barred Limits for Defamation Disguised as Negligence

Date: Mar 20, 2025

Substance Prevails Over Form: Establishing Time-Barred Limits for Defamation Disguised as Negligence Introduction The Supreme Court of Mississippi recently rendered a critical decision in the case of...

Affirmative Defense Waiver and Directed Verdict Correction: A New Precedent in Debt Recovery and Contractual Liability

Date: Mar 20, 2025

Affirmative Defense Waiver and Directed Verdict Correction: A New Precedent in Debt Recovery and Contractual Liability Introduction In the recent decision in Radco Fishing and Rental Tools, Inc.,...

New Precedent on Notice Requirements and Evidentiary Standards in Election Disputes

Date: Mar 14, 2025

New Precedent on Notice Requirements and Evidentiary Standards in Election Disputes Introduction The case of Vern Gavin v. Wanda Evers, decided by the Supreme Court of Mississippi on March 13, 2025,...

Enforcing Public Sector Contracts: The Imperative of Documented Minutes

Date: Mar 14, 2025

Enforcing Public Sector Contracts: The Imperative of Documented Minutes Introduction The case under discussion, Housing Authority of the City of Yazoo City, Mississippi et al. v. Alpresteon S....

Affirming Emergency Exception and Trial Strategy in Confrontation Claims: A Comprehensive Analysis of Raymond Phillips v. State of Mississippi

Date: Mar 14, 2025

Affirming Emergency Exception and Trial Strategy in Confrontation Claims: A Comprehensive Analysis of Raymond Phillips v. State of Mississippi Introduction The case of Raymond Phillips a/k/a Raymond...

Rigor in Timely Service: Establishing the Limits of Enlargement Motions and Statute of Limitations in Negligence Cases

Date: Mar 14, 2025

Rigor in Timely Service: Establishing the Limits of Enlargement Motions and Statute of Limitations in Negligence Cases Introduction The case of Evan Unruh v. Jessica Johnson (2024-IA-00028-SCT)...

Expanding Personal Liability: Binding Corporate Signatures to Individual Guaranty and Arbitration Obligations

Date: Mar 11, 2025

Expanding Personal Liability: Binding Corporate Signatures to Individual Guaranty and Arbitration Obligations Introduction This commentary examines the Supreme Court of Mississippi’s decision in R.K....

Mississippi Supreme Court En Banc Decision: Establishing a Uniform Residual Exception under Rule 807

Date: Mar 8, 2025

Mississippi Supreme Court En Banc Decision: Establishing a Uniform Residual Exception under Rule 807 Introduction The Mississippi Supreme Court, sitting en banc, issued a landmark order on March 7,...

Clarifying the Validity of Special Judge Appointments Under Miss. Code Ann. § 9-1-105(5) and the Doctrine of Color of Authority

Date: Feb 25, 2025

Clarifying the Validity of Special Judge Appointments Under Miss. Code Ann. § 9-1-105(5) and the Doctrine of Color of Authority Introduction The case of Robert Lenoir v. State of Mississippi presents...