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| Acy v. Miss. Empl. Sec. Comm'n, NO. 2005-CC-02019-COA consolidated with NO. 2005-CC-02378-COA,
COURT OF APPEALS OF MISSISSIPPI, February 6, 2007, Decided
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Overview: An employee was not disqualified from receiving unemployment under Miss. Code Ann. § 71-5-513 based on her one act of cursing under her breath in the presence of a customer because this isolated incident, although sufficient for termination, was insufficient to show disqualifying misconduct.
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| Adams v. State, NO. 2005-CP-01761-COA,
COURT OF APPEALS OF MISSISSIPPI, February 6, 2007, Decided
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Overview: A trial court did not err by failing to return an inmate's motion for post-conviction relief to him under Miss. Code Ann. § 99-39-9(4) where it did not contain a concise statement of the grounds upon which it was based, and it did not state a claim upon which relief could have been granted.
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| Bowden v. Lawrence County Sch. Dist., NO. 2005-CA-01462-COA consolidated with NO. 2004-CC-00556-SCT,
COURT OF APPEALS OF MISSISSIPPI, February 6, 2007, Decided
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Overview: Substantial evidence supported the Lawrence County School Board's decision not to renew the employee's contract, Miss. Code Ann. § 37-9-113, given the evidence that the employee had difficulties with the staff and trouble with the student records. The employee changed student schedules without approval and reluctantly handled emergency situations.
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| Bradley v. State, NO. 2006-KA-00806-COA,
COURT OF APPEALS OF MISSISSIPPI, February 6, 2007, Decided
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Overview: Defendant was properly convicted of aggravated assault where the trial court did not err in limiting defendant's cross-examination of the victim as a question was improper for calling for a conclusion of law. Crime scene photograph was relevant within meaning of Miss. R. Evid. 401, 402, and 403 as it was not prejudicial to defendant in any way.
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| Caldwell v. State, NO. 2006-CP-00040-COA,
COURT OF APPEALS OF MISSISSIPPI, February 6, 2007, Decided
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Overview: An inmate's motion for post-conviction relief was denied without an evidentiary hearing under Miss. Code Ann. § 99-39-11(2) because he failed to show that his attorney persuaded him to plead guilty to sexual battery, assured him that he would be released in three or four years, or failed to obtain a private investigator.
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| Casino Magic v. Nelson, NO. 2006-WC-00493-COA,
COURT OF APPEALS OF MISSISSIPPI, February 6, 2007, Decided
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Overview: Where several doctors opined that an employee's repetitive act of reaching for a time clock 300 to 400 times per day aggravated a pre-existing condition, temporary total disability benefits were properly awarded due to Miss. Code Ann. § 71-3-3(b).
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| Edmond v. Townes, NO. 2006-CP-00188-COA,
COURT OF APPEALS OF MISSISSIPPI, February 6, 2007, Decided
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Overview: A chancery court did not err by ordering the payment of some child support from the veteran's benefits of a father because there was no indication that his benefits were being garnished; moreover, he failed to show that he had waived a portion or all of his retirement benefits in order to receive greater disability benefits.
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| Flake v. State, NO. 2005-KA-00577-COA,
COURT OF APPEALS OF MISSISSIPPI, February 6, 2007, Decided
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Overview: Trial court did not err in admitting evidence obtained from search of residence, Miss. Const. art. III, § 23 and Fourth Amendment, as search warrant was not fatally defective. Right to impartial jury, Sixth Amendment and Miss. Const. art. III, § 26, was not infringed upon by judge's remarks. Evidence was properly admitted, Miss. R. Evid. 404(b).
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| Hancock v. State, NO. 2005-KP-01569-COA,
COURT OF APPEALS OF MISSISSIPPI, February 6, 2007, Decided
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Overview: Defendant's conviction as a habitual offender for armed robbery was proper because he failed to prove that his counsel was ineffective. Counsel's failure to object to the introduction of clothing did not constitute ineffectiveness because the evidence against defendant was overwhelming.
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