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| Bailey v. State, NO. 2006-CP-00119-COA,
COURT OF APPEALS OF MISSISSIPPI, January 30, 2007, Decided
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Overview: Court properly denied defendant's motion for postconviction relief on ground that it was time-barred where motion for relief was filed almost four years after he pled guilty to armed robbery; defendant met none of the exceptions to three-year time limitation in Mississippi Uniform Post-Conviction Collateral Relief Act, Miss. Code Ann. § 99-39-5(2).
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| C.M. v. R.D.H., NO. 2005-CA-02037-COA,
COURT OF APPEALS OF MISSISSIPPI, January 30, 2007, Decided
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Overview: Chancellor did not have subject matter jurisdiction to terminate father's parental rights because another chancery court had given the original order regarding child custody. Chancellor then immediately corrected defect by setting aside his previous orders and instructing that any further proceedings had to be brought before other chancery court.
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| Carter v. Moody (In re Will of Carter), NO. 2005-CA-01326-COA,
COURT OF APPEALS OF MISSISSIPPI, January 30, 2007, Decided
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Overview: Presumption of undue influence by executor did not arise, as executor's paying attorney for services after execution lost any hint of suspicion in light of fact that she paid by check drawn on testator's checking account and at direction of testator; executor routinely made payments on testator's behalf-by check and otherwise.
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| Clanton v. Desoto County Sheriff's Dep't, NO. 2005-CA-01453-COA,
COURT OF APPEALS OF MISSISSIPPI, January 30, 2007, Decided
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Overview: A finding against the employee in his action after he was terminated was proper because he failed to comply with the Mississippi Tort Claims Act, Miss. Code Ann. § 11-46-1 et seq., since he filed his complaint 37 days before he filed his notice of claim with the sheriff's department.
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| Clay v. Epps, NO. 2005-CP-01855-COA,
COURT OF APPEALS OF MISSISSIPPI, January 30, 2007, Decided
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Overview: An inmate's complaint alleging that the prison officials failed to protect him from an assault by another inmate was timely filed under Miss. Code Ann. § 47-5-807 (Rev. 2004) where the prison mail log indicated that he had mailed the complaint to the circuit court clerk less than 30 days after receiving an adverse administrative decision.
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| Conley v. State, NO. 2005-KA-01805-COA,
COURT OF APPEALS OF MISSISSIPPI, January 30, 2007, Decided
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Overview: Trial court did not err in failing to appoint independent medical examiner to review cause of victim's death where, given evidence, defendant hoped that other medical expert would find another cause of death rather than specific evidence to support his defense. Under Miss. Code Ann. § 97-3-19, evidence was sufficient to convict defendant of murder.
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| Divine v. State, NO. 2005-KA-02056-COA,
COURT OF APPEALS OF MISSISSIPPI, January 30, 2007, Decided
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Overview: Doctor stated that victim was penetrated under the sexual battery statute, Miss. Code Ann. § 97-3-95(1)(d), and that there was no conflicting testimony; thus, lustful touching instruction was properly denied, Miss. Code Ann. § 97-5-23. Also, victim's testimony and testimony about his injuries were sufficient to convict defendant of sexual battery.
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| Ferguson v. Ferguson, NO. 2005-CA-01560-COA,
COURT OF APPEALS OF MISSISSIPPI, January 30, 2007, Decided
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Overview: Relief from previous order that ordered appellee to pay separate maintenance and child support in amount of $ 500 per month to appellant was affirmed, as, inter alia, nothing suggested that chancellor abused her discretion in giving full faith and credit to foreign divorce decree.
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| Nance v. State, NO. 2005-KA-01086-COA,
COURT OF APPEALS OF MISSISSIPPI, January 30, 2007, Decided
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Overview: Evidence was sufficient to convict defendant of possession of cocaine in amount less than one tenth of one gram, Miss. Code Ann. § 41-29-139, as (1) substance was found on his person during routine booking; and (2) at no time did he disclaim bag, as to suggest that it did not belong to him. Thus, his motion for directed verdict was properly denied.
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| Parchman v. Amwood Prods., Inc., NO. 2006-WC-00075-COA,
COURT OF APPEALS OF MISSISSIPPI, January 30, 2007, Decided
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Overview: The dismissal of an employee's petition to controvert was appropriate pursuant to Miss. Code Ann. § 71-3-35 because the claim was barred by the statute of limitations since he received no benefits of any kind within the two-year period following his injury. He chose to use his wife's medical insurance to pay for his treatment.
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