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| Hendrix v. State, NO. 2005-KA-01777-COA,
COURT OF APPEALS OF MISSISSIPPI, February 6, 2007, Decided
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Overview: In a case in which defendant and his two accomplices had taken four school buses for the purpose of playing demolition derby, although there were discrepancies in each accomplice's account of the scheme, those discrepancies related to the level of the involvement of one of the accomplices rather than defendant's.
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| Holland v. State, NO. 2005-CA-01669-COA consolidated with NO. 2005-CA-01673-COA consolidated with NO. 2002-KA-01921-COA,
COURT OF APPEALS OF MISSISSIPPI, February 6, 2007, Decided
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Overview: Because two inmates entered voluntary and intelligent guilty pleas to armed robbery, they waived the right to challenge the voluntariness of their confessions to such under the United States Constitution and Miss. Const. art. 3, §§ 14, 26; therefore, their motions for post-conviction relief were denied.
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| Jones v. Miss. State Univ., NO. 2006-CA-00223-COA,
COURT OF APPEALS OF MISSISSIPPI, February 6, 2007, Decided
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Overview: Court properly granted a university's motion to dismiss plaintiff's personal injury suit where service of process was made on university president, rather than on Attorney General of State of Mississippi, as required by Miss. R. Civ. P. 4(d)(5); plaintiff did not serve Attorney General until after expiration of 120-day period mandated by Rule 4(h).
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| Jones v. State, NO. 2006-CP-00654-COA consolidated with NO. 2006-CP-00657-COA,
COURT OF APPEALS OF MISSISSIPPI, February 6, 2007, Decided
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Overview: Post-conviction relief was denied because, inter alia, a claim that a plea was not voluntary was contradicted by statements at the plea hearing; an inmate acknowledged waiving certain rights, and she stated that she had been informed of the minimum and maximum sentences under Miss. Unif. Cir. & Cty. R. 8.04(A)(4)(b).
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| Lockwood v. Isle of Capri Corp., NO. 2005-CA-01995-COA,
COURT OF APPEALS OF MISSISSIPPI, February 6, 2007, Decided
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Overview: The grant of summary judgment in favor of a casino in a patron's action after she slipped and fell on water at a buffet table was improper because competent testimony concerning prior instances of water in the same spot where the patron fell created a genuine issue of material fact that precluded granting summary judgment for the casino.
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| May v. Pulmosan Safety Equip. Corp., NO. 2005-CA-01750-COA,
COURT OF APPEALS OF MISSISSIPPI, February 6, 2007, Decided
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Overview: Summary judgment was properly granted in favor of the corporations on the wife's wrongful death claim where the statute of limitations expired before litigation commenced, Miss. Code Ann. §§ 15-1-35; 15-1-49. The wrongful death claim against the corporations was time-barred.
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| O & J Loading Serv., LLC v. Miss. Empl. Sec. Comm'n, NO. 2005-CC-01965-COA,
COURT OF APPEALS OF MISSISSIPPI, February 6, 2007, Decided
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Overview: Trial court properly upheld order from the Mississippi Employment Security Commission, which held that company's appeal of an order declaring that a claimant for unemployment benefits was an employee and not a part-owner was untimely, where the appeal was not filed within 10 days of the decision, as required by Miss. Code Ann. § 71-5-355(2)(b)(ix).
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| Pritchard v. Von Houten, NO. 2005-CA-00710-COA,
COURT OF APPEALS OF MISSISSIPPI, February 6, 2007, Decided
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Overview: Finding against the student in her action against a state university and a professor after she suffered a third-degree burn at an iron pour demonstration was improper because the university was not protected by discretionary function immunity and was liable for the professor's negligence under Miss. Code Ann. § 11-46-5.
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| Putnam v. Epps, NO. 2006-CP-00595-COA,
COURT OF APPEALS OF MISSISSIPPI, February 6, 2007, Decided
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Overview: The inmate's writ for habeas corpus was treated as a motion for post-conviction relief, and although the trial court erred in finding that it lacked jurisdiction, Miss. Code Ann. § 99-39-5(1), the inmate was procedurally barred from proceeding with his claim until he exhausted the administrative remedies available, Miss. Code Ann. § 47-5-803(2).
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| Singleton v. State, NO. 2005-KA-02013-COA,
COURT OF APPEALS OF MISSISSIPPI, February 6, 2007, Decided
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Overview: Informant identified defendant as dealer, a tape contained dealer's voice, and jury heard defendant's voice when he testified. Thus, evidence was sufficient to convict him of selling schedule II controlled substance within 1,500 feet of a church, Miss. Code Ann. § 41-29-139(a)(1), and his motions for directed verdict and JNOV were properly denied.
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