Mississippi Case Commentaries

Mootness from Superseding Pleadings and the Low Bar of Mississippi Notice Pleading in Public-Figure Defamation at the Rule 12(b)(6) Stage

Date: Apr 25, 2026

Mootness from Superseding Pleadings and the Low Bar of Mississippi Notice Pleading in Public-Figure Defamation at the Rule 12(b)(6) Stage Introduction In Phil Bryant and Deborah Bryant v. Deep South...

Inevitable Discovery During a Lawful Welfare-Check Search Sustains Evidence Despite Alleged Scope Overreach

Date: Apr 25, 2026

Inevitable Discovery During a Lawful Welfare-Check Search Sustains Evidence Despite Alleged Scope Overreach Case: Terelle Anterion Johnson a/k/a Terelle Johnson v. State of Mississippi Court: Supreme...

Rule 41(b) Dismissal Must Be Applied Consistently Among Joint Movants Absent a Record-Based Distinction

Date: Apr 25, 2026

Rule 41(b) Dismissal Must Be Applied Consistently Among Joint Movants Absent a Record-Based Distinction 1. Introduction First Security Bank v. Dasie Mae Richmond, Administratrix of the Estate of...

Directed Exit Instructions Can Create Jury Issues on Visitor Status and “Common Feature” Hazardousness

Date: Apr 21, 2026

Directed Exit Instructions Can Create Jury Issues on Visitor Status and “Common Feature” Hazardousness 1. Introduction Case: Rush Health Systems, Inc. v. Sparrow (Supreme Court of Mississippi, Apr....

Recorded-Plat Prerequisite for Mississippi Code § 17-1-23(4) Consent/Notice in Plat-Alteration Challenges to Municipal Subdivision Approvals

Date: Apr 20, 2026

Recorded-Plat Prerequisite for Mississippi Code § 17-1-23(4) Consent/Notice in Plat-Alteration Challenges to Municipal Subdivision Approvals I. Introduction Longo v. The City of Waveland (Miss. Apr....

Denison v. Mississippi Organ Recovery Agency, Inc. — Mandatory Rule 12(b)(6)-to-Rule 56 Conversion When Extrinsic Materials Are Relied Upon; Limits on Non–Wrongful-Death Emotional Distress Claims

Date: Apr 20, 2026

Denison v. Mississippi Organ Recovery Agency, Inc.: Mandatory Conversion of Rule 12(b)(6) Motions When Extrinsic Materials Are Considered; “Wrongful-Death-or-Entex” Path for a Child’s Standalone...

Rule 702 Gatekeeping in Medical Malpractice: Trial Courts May Exclude Experts Whose Affidavits Fail to Demonstrate Specialty Familiarity, Even When Critiquing “Non-Surgical” Alternatives

Date: Apr 20, 2026

Rule 702 Gatekeeping in Medical Malpractice: Trial Courts May Exclude Experts Whose Affidavits Fail to Demonstrate Specialty Familiarity, Even When Critiquing “Non-Surgical” Alternatives 1....

Known Pothole Nonresponse Is Not a Discretionary-Function Policy Choice Under the MTCA

Date: Apr 9, 2026

Known Pothole Nonresponse Is Not a Discretionary-Function Policy Choice Under the MTCA 1. Introduction City of Jackson, Mississippi v. Lawson (Miss. Apr. 2, 2026) is a Mississippi Tort Claims Act...

Attorney “Sanctions” Treated as Constructive Criminal Contempt: Rule 81(d) Notice and Mandatory Judicial Recusal

Date: Apr 9, 2026

Attorney “Sanctions” Treated as Constructive Criminal Contempt: Rule 81(d) Notice and Mandatory Judicial Recusal 1. Introduction Jones v. Jones (Miss. Apr. 2, 2026) arose from a long-running...

Circumstantial Proof of “Deliberate Design”: Digital Location Data, Threats, and an Extrajudicial Confession Sustain a Mississippi First-Degree Murder Conviction

Date: Mar 29, 2026

Circumstantial Proof of “Deliberate Design”: Digital Location Data, Threats, and an Extrajudicial Confession Sustain a Mississippi First-Degree Murder Conviction Introduction In Phillip Shane House...

Rescission of First Chancery Court District Local Rule 1: Ending the District-Specific Case-Assignment Regime Effective July 1, 2026

Date: Mar 29, 2026

Rescission of First Chancery Court District Local Rule 1: Ending the District-Specific Case-Assignment Regime Effective July 1, 2026 Court: Supreme Court of Mississippi (en banc) Matter: In Re: Local...

Direct-Benefits Estoppel Requires Legal Dependence on Contract Terms—not Mere “But-For” Treatment—to Compel Arbitration

Date: Mar 29, 2026

Direct-Benefits Estoppel Requires Legal Dependence on Contract Terms—not Mere “But-For” Treatment—to Compel Arbitration Case: Andrew Mallette, M.D. and The Surgical Clinic Associates, P.A. v. Nitkia...

Mississippi COVID-19 Emergency Immunity Extends to Treatment of COVID-Caused Conditions During the Emergency

Date: Mar 29, 2026

Mississippi COVID-19 Emergency Immunity Extends to Treatment of COVID-Caused Conditions During the Emergency 1. Introduction In James H. Secrist and Dawn Secrist v. Rush Medical Foundation d/b/a Rush...

Gardner v. State (Miss. 2026): Specific Objection Requirement for Rule 609/Peterson Challenges and Rejection of “Tilt” in Evidence Balancing

Date: Mar 29, 2026

Gardner v. State (Miss. 2026): Specific Objection Requirement for Rule 609/Peterson Challenges and Rejection of “Tilt” in Evidence Balancing I. Introduction In Jimmie Leshaun Gardner a/k/a Jimmie L....

Harmless-Error Exception for Conflicting “Deliberate Design” and Manslaughter Instructions When Manslaughter Is Unwarranted

Date: Mar 25, 2026

Harmless-Error Exception for Conflicting “Deliberate Design” and Manslaughter Instructions When Manslaughter Is Unwarranted Case: McDaniel v. State of Mississippi | Court: Supreme Court of...

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...