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| Bert Allen Toyota, Inc. v. Grasz, NO. 2005-CA-00748-COA,
COURT OF APPEALS OF MISSISSIPPI, January 23, 2007, Decided
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Overview: In a breach of contract case, a judgment regarding bond and enforcement was void to the extent that it modified or clarified the specific performance relief awarded to a buyer because the trial court lacked jurisdiction since an appeal had been perfected.
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| Brown v. State, NO. 2005-KA-02291-COA,
COURT OF APPEALS OF MISSISSIPPI, January 23, 2007, Decided
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Overview: Defendant's conviction for the sale of cocaine was improper because the State presented no evidence identifying the persons on the tape at issue and thus, the appellate court was unable to determine whether the statements on the tape would have been exempt from hearsay under Miss. R. Evid. 801(d)(2)(A) or (d)(2)(E).
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| Caver v. Jackson County Bd. of Supervisors, NO. 2005-CA-00877-COA,
COURT OF APPEALS OF MISSISSIPPI, January 23, 2007, Decided
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Overview: A county board of supervisors erred by granting an applicant's request for a variance in a case where he sought to violate a zoning plan while rebuilding a burned house in the center of a lot; the granting of the variance was merely for his convenience and not because of an undue hardship under Jackson County, Miss., Zoning Ordinance art. I, § 2.
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| Heafner v. State, NO. 2005-CA-01792-COA,
COURT OF APPEALS OF MISSISSIPPI, January 23, 2007, Decided
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Overview: Even though an appeal from the denial of post-conviction relief was not timely under Miss. R. App. P. 4(a), it was still heard to prevent a manifest injustice. However, relief was properly denied since the sentences for drug offenses were not ambiguous, and the inmate was not entitled to parole under Miss. Code Ann. § 47-7-3(1)(g).
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| Indus. & Mech. Contrs. of Memphis, Inc. v. Tim Mote Plumbing, LLC, NO. 2005-CA-01414-COA,
COURT OF APPEALS OF MISSISSIPPI, January 23, 2007, Decided
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Overview: An award of damages to a contractor for a subcontractor's alleged defective work for failing to "tie-in" a water pipe under a parking lot was reversed because the chancellor improperly based the award on damages alleged for the subcontractor's failure to compact trenches, a claim that the chancellor held that the contractor failed to prove.
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| Qualls v. State, NO. 2005-KA-00525-COA,
COURT OF APPEALS OF MISSISSIPPI, January 23, 2007, Decided
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Overview: Evidence was sufficient to sustain a conviction for auto burglary, Miss. Code Ann. § 97-17-33, because defendant was found hiding in the victim's vehicle shortly after the crime with no reasonable explanation for being there, he was lying out of sight, he was breathing hard and sweating, and a police officer had seen two men running in the area.
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| Smith v. State, NO. 2005-KA-01474-COA,
COURT OF APPEALS OF MISSISSIPPI, January 23, 2007, Decided
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Overview: A judgment finding defendant guilty of aggravated assault was affirmed on appeal, where defendant's appellate attorney filed a brief in which he stated that he found no arguable issues in the record, defendant did not file a supplemental pro se brief, and the appellate court found no arguable issue on which to base an appeal.
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| Thomas v. Byars, NO. 2005-CA-00792-COA,
COURT OF APPEALS OF MISSISSIPPI, January 23, 2007, Decided
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Overview: A custody award in favor of a father was vacated on appeal because a youth court had given the maternal grandparents temporary custody earlier; under Miss. Code Ann. § 43-21-151 and Miss. Code Ann. § 43-21-301(1), the youth court had exclusive jurisdiction to determine custody.
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| Cash Distrib. Co. v. Neely, NO. 2004-CT-01124-SCT,
SUPREME COURT OF MISSISSIPPI, January 25, 2007, Decided
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Overview: Mississippi case law was overruled insofar as it required an ADEA plaintiff to rebut each and every nondiscriminatory reasons for an adverse employment decision proffered by the employer. There was no basis to disturb a jury's decision to credit an employee's account of his dismissal and the evidence supporting it over the employer's explanations.
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| Harrell v. State, NO. 2005-KA-01350-SCT,
SUPREME COURT OF MISSISSIPPI, January 25, 2007, Decided
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Overview: Defendant's conviction for aggravated assault was proper because his counsel was not ineffective under the Sixth Amendment. His counsel actively participated in exercising peremptory challenges and striking jurors for cause, and the defense was not prejudiced by a witness's failure to appear.
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