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| Biggs v. State, NO. 2004-KA-01163-COA,
COURT OF APPEALS OF MISSISSIPPI, January 3, 2006, Decided
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Overview: Sufficient evidence supported defendant's conviction for felony shoplifting under Miss. Code Ann. § 97-23-93 based on prior misdemeanor shoplifting offenses where prior offenses were elements of felony and had to be proven beyond a reasonable doubt, and defendant failed to rebut the presumption of validity that attached to abstracts of convictions.
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| Cash Distrib. Co. v. Neely, NO. 2004-CA-01124-COA,
COURT OF APPEALS OF MISSISSIPPI, January 3, 2006, Decided
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Overview: In an ADEA action, there was substantial evidence from which the jury could have inferred that the employer wanted to fire the employee due to his age, and that the employer's reasons for termination of his employment were pretextual. The employee was entitled to an additur for back pay and for prejudgment and post-judgment interest.
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| Colville v. Davidson, NO. 2004-CA-02246-COA,
COURT OF APPEALS OF MISSISSIPPI, January 3, 2006, Decided
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Overview: Where plaintiff was injured when driver struck him from rear, record showed he was examined after accident and was not found to have had any skeletal injuries, that he returned to work next day, and that not until two months later did he complain of pain. Court did not abuse discretion in denying additur for medical costs incurred after accident.
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| Dunaway v. Morgan, NO. 2004-CA-01360-COA,
COURT OF APPEALS OF MISSISSIPPI, January 3, 2006, Decided
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Overview: Where chancery clerk was appointed as a special master to conduct a partition sale, Miss. R. Civ. P. 53 governed and the special master was not required to subscribe to the oath in Miss. Code Ann. § 11-21-17; thus, the partition sale was affirmed.
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| Fulton v. Fulton, NO. 2004-CA-01215-COA,
COURT OF APPEALS OF MISSISSIPPI, January 3, 2006, Decided
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Overview: Trial court did not err in denying a husband a divorce on the grounds of adultery as the defense of condonation applied where the husband and wife resumed living together and resumed sexual relations after the wife told the husband that her affair had ended.
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| Griffin v. State, NO. 2004-KA-00567-COA,
COURT OF APPEALS OF MISSISSIPPI, January 3, 2006, Decided
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Overview: Appellate court held that the admission of a videotape depicting the drug transaction was proper as it was properly authenticated under Miss. R. Evid. 901 by the confidential informant (CI) who bought the drugs from defendant as the CI had reviewed the tape and testified that it accurately depicted the transaction.
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| Hammett v. State, NO. 2004-KA-01318-COA,
COURT OF APPEALS OF MISSISSIPPI, January 3, 2006, Decided
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Overview: There was no evidence that State acted intentionally in destroying video, and, therefore, exculpatory presumption did not apply to defendant's case. Defendant's self-serving assertion that video was exculpatory was insufficient to satisfy first prong of test for such cases. Court properly precluded State from presenting testimony about footage.
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| Ivy v. State, NO. 2004-CP-02038-COA,
COURT OF APPEALS OF MISSISSIPPI, January 3, 2006, Decided
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Overview: Appellate court affirmed the denial of an inmate's petition for post-conviction relief pursuant to Miss. Code Ann. § 99-39-3(2) as the inmate was unable to show that but for the alleged ineffective assistance of counsel he would not have pled guilty, and the inmate stated he was pleased with his attorney's representation at the plea hearing.
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| Jones v. McQuage, NO. 2004-CA-01696-COA,
COURT OF APPEALS OF MISSISSIPPI, January 3, 2006, Decided
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Overview: Appellate court reversed trial court's award of sole custody to the mother as the step-mother's involvement in the child's life was not a material change in circumstances that warranted a change in custody.
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| Jones v. Southern Healthcare Agency, NO. 2004-WC-01675-COA,
COURT OF APPEALS OF MISSISSIPPI, January 3, 2006, Decided
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Overview: Where an employee received medical care for four months for her hip and back and did not report an injury to any medical provider until four months after the alleged injury, the Commission was free to find that the employer's evidence was more credible than the employee's evidence.
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