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   State Courts - Mississippi - January 4 - January 5, 2007

  
Edmonds v. State, NO. 2004-CT-02081-SCT, SUPREME COURT OF MISSISSIPPI, January 4, 2007, Decided
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Overview: Where defendant confessed to participating in the wife's plan to murder her husband, the Supreme Court of Mississippi reversed his conviction for murder. The circuit court denied defendant a fair trial by allowing the wife to invoke the Fifth Amendment, admitting unreliable expert testimony, and refusing to allow evidence concerning the marriage.

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Hegwood v. Williamson, NO. 2005-IA-02194-SCT, SUPREME COURT OF MISSISSIPPI, January 4, 2007, Decided
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Overview: In a civil suit arising from a car accident in which both parties had the same liability insurer, the trial court erred by denying appellant's motion to sever the negligence claims against her from appellant's bad faith claim against the insurer. Joinder was improper under Miss. R. Civ. P. 20(a), as the legal and factual issues were different.

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Paz v. Brush Engineered Materials, Inc., NO. 2006-FC-00771-SCT, SUPREME COURT OF MISSISSIPPI, January 4, 2007, Decided
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Overview: Mississippi law did not allow for a medical monitoring cause of action whereby a plaintiff could recover medical monitoring costs for exposure to a harmful substance without proving current physical injuries from that exposure because no cause of action existed in Mississippi for potential future injury; Mississippi torts required physical injury.

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Penn Nat'l Gaming v. Ratliff, NO. 2005-IA-01703-SCT consolidated with NO. 2005-IA-01704-SCT, SUPREME COURT OF MISSISSIPPI, January 4, 2007, Decided
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Overview: Miss. Code Ann. § 67-1-83 created liability for permit holder and employees, and casino parent company was neither; casino owner was not alter ego of parent company justifying piercing the corporate veil and attributing acts of owner to parent company. Family did not allege material elements necessary to assert viable claim against parent company.

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R.K. v. J.K., NO. 2005-CA-01267-SCT consolidated with NO. 2006-CA-00411-SCT, SUPREME COURT OF MISSISSIPPI, January 4, 2007, Decided
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Overview: When a chancery court enjoined a wife from using tape recordings she had made of her husband's conversations with a friend but the wife later used the recordings to defend herself in a federal wiretapping lawsuit by the friend and husband, equity did not allow the husband to recover liquidated damages for the wife's disclosure.

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Shah v. Miss. Bar, NO. 2005-BA-00951-SCT, SUPREME COURT OF MISSISSIPPI, January 4, 2007, Decided
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Overview: Where the evidence showed that an attorney took money from a client for a real estate matter, but did not file a complaint or maintain contact with the client, it was established that the attorney violated Miss. R. Prof. Conduct 1.2(a), 1.3, 1.4, 8.1(a), 8.4(a), and 8.4(c); a three year suspension was imposed.

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Turner v. State, NO. 1999-DR-01828-SCT, SUPREME COURT OF MISSISSIPPI, January 4, 2007, Decided
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Overview: The denial of an inmate's petition for postconviction relief pursuant to Miss. Code Ann. § 99-39-1 et seq. was appropriate because he failed to show that his attorneys were ineffective, in part, for requesting that venue be transferred. Any prejudice claimed by the inmate was purely hypothetical.

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In re Authorization of Court Annexed Mediation in Chancery, Circuit & Cty. Courts, No. 89-R-99026-SCT, SUPREME COURT OF MISSISSIPPI, January 5, 2007, Decided
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In re Miss. Rules of Appellate Procedure, No. 89-R-99027-SCT, SUPREME COURT OF MISSISSIPPI, January 5, 2007, Decided
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