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  • Commentaries
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Mississippi Case Commentaries

No Express Finding of Child Harm Required for Mental-Health and Adultery Considerations in Albright Custody Analysis: Commentary on Edwards v. Edwards

No Express Finding of Child Harm Required for Mental-Health and Adultery Considerations in Albright Custody Analysis: Commentary on Edwards v. Edwards

Date: Nov 7, 2025
No Express Finding of Child Harm Required for Mental-Health and Adultery Considerations in Albright Custody Analysis: Commentary on Edwards v. Edwards Case: Aubrey M. Edwards v. William Brad Edwards...
Best Interest Over Kinship and Contract: Mississippi Supreme Court Confirms Foster Parents’ Ability to Seek Adoption Despite CPS Relative-Placement Policies

Best Interest Over Kinship and Contract: Mississippi Supreme Court Confirms Foster Parents’ Ability to Seek Adoption Despite CPS Relative-Placement Policies

Date: Nov 7, 2025
Best Interest Over Kinship and Contract: Mississippi Supreme Court Confirms Foster Parents’ Ability to Seek Adoption Despite CPS Relative-Placement Policies 1. Introduction This commentary examines...
Admissions, Vehicle Control, and Hidden Narcotics: The Mississippi Supreme Court Refines Constructive Possession in Moody v. State

Admissions, Vehicle Control, and Hidden Narcotics: The Mississippi Supreme Court Refines Constructive Possession in Moody v. State

Date: Nov 7, 2025
Admissions, Vehicle Control, and Hidden Narcotics: The Mississippi Supreme Court Refines Constructive Possession in Moody v. State I. Introduction The Supreme Court of Mississippi’s decision in...
Rule 83 Approval as a Prerequisite to Enforceable Fifth Chancery District Local Rules (Effective December 1, 2025)

Rule 83 Approval as a Prerequisite to Enforceable Fifth Chancery District Local Rules (Effective December 1, 2025)

Date: Nov 7, 2025
Rule 83 Approval as a Prerequisite to Enforceable Fifth Chancery District Local Rules (Effective December 1, 2025) 1. Introduction In Re: Local Rules is an administrative order of the Supreme Court...
Implied Non‑Consent and Victim Testimony in Mississippi Sexual Battery Law: Commentary on Mayfield v. State

Implied Non‑Consent and Victim Testimony in Mississippi Sexual Battery Law: Commentary on Mayfield v. State

Date: Nov 7, 2025
Implied Non‑Consent and Victim Testimony in Mississippi Sexual Battery Law: Commentary on Earnest Mayfield a/k/a Ernest Mayfield v. State of Mississippi I. Introduction This commentary analyzes the...
Defective Zoning Appeals Are Not Jurisdictional and the “Fairly Debatable” Standard Reaffirmed: Commentary on Elliott Land Developments v. Jackson County Board of Supervisors

Defective Zoning Appeals Are Not Jurisdictional and the “Fairly Debatable” Standard Reaffirmed: Commentary on Elliott Land Developments v. Jackson County Board of Supervisors

Date: Oct 31, 2025
Defective Zoning Appeals Are Not Jurisdictional and the “Fairly Debatable” Standard Reaffirmed: Commentary on Elliott Land Developments v. Jackson County Board of Supervisors I. Introduction The...
Intent, Guns, and Attempted Aggravated Assault: The Mississippi Supreme Court Disavows the “Actual, Unequivocal Intent” Standard in Jones v. State

Intent, Guns, and Attempted Aggravated Assault: The Mississippi Supreme Court Disavows the “Actual, Unequivocal Intent” Standard in Jones v. State

Date: Oct 31, 2025
Intent, Guns, and Attempted Aggravated Assault: The Mississippi Supreme Court Disavows the “Actual, Unequivocal Intent” Standard in Jones v. State I. Introduction The Supreme Court of Mississippi’s...
Lakeland Premier Women’s Clinic v. Jackson: Strict Limits on Rule 56(f) Extensions and the Expert Affidavit Requirement in Mississippi Medical Malpractice Cases

Lakeland Premier Women’s Clinic v. Jackson: Strict Limits on Rule 56(f) Extensions and the Expert Affidavit Requirement in Mississippi Medical Malpractice Cases

Date: Oct 31, 2025
Lakeland Premier Women’s Clinic v. Jackson: Strict Limits on Rule 56(f) Extensions and the Expert Affidavit Requirement in Mississippi Medical Malpractice Cases I. Introduction A. The Parties and the...
Circumstantial Evidence, Trial-Court Deference, and Civil Forfeiture: The Significance of Rae Young Chung v. State ex rel. Brandon Police Department

Circumstantial Evidence, Trial-Court Deference, and Civil Forfeiture: The Significance of Rae Young Chung v. State ex rel. Brandon Police Department

Date: Oct 31, 2025
Circumstantial Evidence, Trial-Court Deference, and Civil Forfeiture: The Significance of Rae Young Chung v. State ex rel. Brandon Police Department I. Introduction In Rae Young Chung v. State of...
Mossy Lake, Public Trust Waters, and Sixteenth Section School Lands: Mississippi Supreme Court Clarifies That Pre‑Statehood Public Waters Never Accrued to the Sixteenth Section Trust

Mossy Lake, Public Trust Waters, and Sixteenth Section School Lands: Mississippi Supreme Court Clarifies That Pre‑Statehood Public Waters Never Accrued to the Sixteenth Section Trust

Date: Oct 17, 2025
Mossy Lake, Public Trust Waters, and Sixteenth Section School Lands: Mississippi Supreme Court Clarifies That Pre‑Statehood Public Waters Never Accrued to the Sixteenth Section Trust I. Introduction...
Defendant-Caused Injury as the Touchstone of Venue Under Miss. Code § 11‑11‑3: Commentary on National Health Insurance Co. v. Lever

Defendant-Caused Injury as the Touchstone of Venue Under Miss. Code § 11‑11‑3: Commentary on National Health Insurance Co. v. Lever

Date: Oct 10, 2025
Defendant-Caused Injury as the Touchstone of Venue Under Miss. Code § 11‑11‑3: Commentary on National Health Insurance Company v. Lever I. Introduction The Supreme Court of Mississippi’s decision in...
Mississippi Supreme Court Authorizes $50 CLE Sponsor Application Fee as a Condition of Accreditation

Mississippi Supreme Court Authorizes $50 CLE Sponsor Application Fee as a Condition of Accreditation

Date: Oct 8, 2025
Mississippi Supreme Court Authorizes $50 CLE Sponsor Application Fee as a Condition of Accreditation Introduction This commentary examines the Mississippi Supreme Court’s administrative order in In...
Mississippi Supreme Court Adopts Official Civil Subpoena Forms (Forms 6–8) and Requires Conspicuous Ten‑Day Production Hold Under Rule 45

Mississippi Supreme Court Adopts Official Civil Subpoena Forms (Forms 6–8) and Requires Conspicuous Ten‑Day Production Hold Under Rule 45

Date: Oct 8, 2025
Mississippi Supreme Court Adopts Official Civil Subpoena Forms (Forms 6–8) and Requires Conspicuous Ten‑Day Production Hold Under Rule 45 Introduction In a rulemaking order titled “In re: The Rules...
Pleading-Stage Pathways Around the UCC Statute of Frauds: Joint Counsel’s Email May Qualify as a Merchant’s Confirmation, and Pre‑Closing Control May Constitute Receipt and Acceptance

Pleading-Stage Pathways Around the UCC Statute of Frauds: Joint Counsel’s Email May Qualify as a Merchant’s Confirmation, and Pre‑Closing Control May Constitute Receipt and Acceptance

Date: Oct 8, 2025
Pleading-Stage Pathways Around the UCC Statute of Frauds: Joint Counsel’s Email May Qualify as a Merchant’s Confirmation, and Pre‑Closing Control May Constitute Receipt and Acceptance Introduction In...
No Present Conveyance, No Deed: Mississippi High Court Holds “Upon Sale or My Death Shall Be Shared” Instruments Are Testamentary, Not Inter Vivos Conveyances

No Present Conveyance, No Deed: Mississippi High Court Holds “Upon Sale or My Death Shall Be Shared” Instruments Are Testamentary, Not Inter Vivos Conveyances

Date: Oct 8, 2025
No Present Conveyance, No Deed: Mississippi High Court Holds “Upon Sale or My Death Shall Be Shared” Instruments Are Testamentary, Not Inter Vivos Conveyances Introduction This commentary analyzes...
Amendments that Materially Change Interest Terms Are New, Time‑Barred Claims Under Mississippi Probate Law (§ 91-7-151)

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

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

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

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

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...
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