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| Brewer v. State, NO. 2004-CP-02044-COA,
COURT OF APPEALS OF MISSISSIPPI, January 31, 2006, Decided
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Overview: Where appellant pled guilty to aggravated assault, he was not entitled to a hearing on his petition for post-conviction relief under Miss. Code Ann. § 99-39-11(2). The indictment was sufficient to charge appellant with the crime of aggravated assault under Miss. Code Ann. § 97-3-7(2)(b), and he was afforded the effective assistance of counsel.
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| Carter v. State, NO. 2004-KA-01639-COA,
COURT OF APPEALS OF MISSISSIPPI, January 31, 2006, Decided
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Overview: Defendant's conviction for attempted kidnapping in violation of Miss. Code Ann. §§ 97-3-53 and 97-1-7 was proper where his actions of chasing and grabbing the victim were sufficient to establish an overt act toward the commission of the attempted kidnapping.
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| Edmonds v. State, NO. 2004-KA-02081-COA,
COURT OF APPEALS OF MISSISSIPPI, January 31, 2006, Decided
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Overview: Videotaped confession of 13-year-old defendant was properly admitted in murder case because it was voluntary in that he and his mother both signed a Miranda statement, and the court was bound to apply same standards for the voluntariness of defendant's confession as it would for any other confession.
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| Gray v. State, NO. 2004-KA-01596-COA,
COURT OF APPEALS OF MISSISSIPPI, January 31, 2006, Decided
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Overview: Where defendant was charged with drug offenses stemming from a transaction with a confidential informant, impeachment evidence of the informant's prior conviction for possession of a controlled substance was inadmissible under Miss. R. Evid. 609(b); the informant's testimony was not contradicted by any prior statements.
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| Grayer v. State, NO. 2004-KA-01728-COA,
COURT OF APPEALS OF MISSISSIPPI, January 31, 2006, Decided
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Overview: It was clear that trial court considered the five appropriate factors in making its determination not to suppress the show-up identification testimony, and that trial court's findings were backed by substantial credible evidence. Thus, trial court did not err in refusing to grant defendant's motion to suppress the identification testimony at trial.
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| Herring v. State, NO. 2004-KA-02318-COA,
COURT OF APPEALS OF MISSISSIPPI, January 31, 2006, Decided
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Overview: Where defendant and his accomplice entered a food market with a gun, ordered the employee to lay down, and took money out of the safe, ample evidence supported the verdict convicting defendant of conspiracy to commit armed robbery and robbery with a deadly weapon. The store manager was permitted to give opinion testimony under Miss. R. Evid. 701.
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| Marlar v. Castillo-Ruiz (In re Will of Roland), NO. 2004-CA-01837-COA,
COURT OF APPEALS OF MISSISSIPPI, January 31, 2006, Decided
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Overview: Decedent's will specified wife should receive one-half of his residuary estate, but it was silent as to effect of her predeceasing him, which she did by one week. But it was clear that decedent's children would take secondarily under residuary clause. The anti-lapse statute, Miss Code Ann. § 91-5-7, applied to detriment of decedent's stepchildren.
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| Moore v. State, NO. 2004-KA-00275-COA,
COURT OF APPEALS OF MISSISSIPPI, January 31, 2006, Decided
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Overview: Defendant's voluntary refusal to testify against his co-defendant constituted a material breach of a plea bargain with the State. As a result of that breach, the parties were returned to the status quo ante, and defendant had no double jeopardy defense available concerning re-indictment and conviction on the charges of kidnapping and armed robbery.
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| Passman v. State, NO. 2004-KP-02364-COA,
COURT OF APPEALS OF MISSISSIPPI, January 31, 2006, Decided
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Overview: Defendant's motion to suppress was properly denied because his arrest and search warrant were based on probable cause where he admitted he had drug paraphernalia in the house and the informant's reliability was corroborated by recorded phone conversations; also his enhanced sentence under Miss. Code Ann. § 41-29-152 did not exceed statutory limits.
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| Richardson ex rel. Wrongful Death Heirs of Richardson v. DeRouen, NO. 2004-CA-01265-COA,
COURT OF APPEALS OF MISSISSIPPI, January 31, 2006, Decided
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Overview: A finding against an heir in her wrongful death action was proper pursuant to Miss. R. Civ. P. 60 because her argument that data concerning the decedent's medial records qualified as new evidence was inappropriate. She was aware of the data prior to trial.
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