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   State Courts - Mississippi - January 17, 2006

  
McGee v. State, NO. 2004-KA-00497-COA, COURT OF APPEALS OF MISSISSIPPI, January 17, 2006, Decided
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Overview: Defendant's conviction for murder and aggravated assault was proper where the evidence was sufficient. The State not only produced a complaining victim, but also an eyewitness to the crime, who testified that she saw defendant shoot both victims.

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Moore v. Mueller Copper Tube Co., NO. 2004-WC-02203-COA, COURT OF APPEALS OF MISSISSIPPI, January 17, 2006, Decided
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Overview: While the employee's physicians assessed permanent impairment ratings when parts of two of her fingers were amputated, the workers' compensation commission did not err in denying her permanent benefits as she was able to perform her job at the same rate as other employees once she returned to full duty and earned the same or higher wages.

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Payton v. State, NO. 2004-KA-00566-COA, COURT OF APPEALS OF MISSISSIPPI, January 17, 2006, Decided
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Overview: Order resentencing defendant to 25 years in prison for armed robbery was overturned and case was remanded for resentencing by special judge because judge who resentenced defendant should have remained recused for all purposes in case. Judge, by recusing himself after a dispute with defendant's attorney, was recused from all proceedings in the case.

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Tyler Marine Servs. v. Aqua Yacht Harbor Corp., NO. 2005-CA-00306-COA, COURT OF APPEALS OF MISSISSIPPI, January 17, 2006, Decided
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Overview: Because the company should have brought its claim against the corporation as a compulsory counterclaim in the prior suit, pursuant to Fed. R. Civ. P. 13, the claim was procedurally barred; the parties became opposing parties when they filed cross-claims against one another for indemnity in the prior suit.

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Vandergriff v. State, NO. 2004-CA-01733-COA, COURT OF APPEALS OF MISSISSIPPI, January 17, 2006, Decided
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Overview: Defendant was properly denied postconviction relief after he pled guilty to armed robbery where the court did not err in not disqualifying assistant district attorney on ground that he had served as defendant's court-appointed attorney prior to serving as assistant district attorney. Confidential information was not used in prosecution of the case.

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