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   State Courts - Mississippi - February 6, 2007

  
Smith v. State, NO. 2005-CP-01700-COA, COURT OF APPEALS OF MISSISSIPPI, February 6, 2007, Decided
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Overview: Defendant's motion for postconviction relief was properly denied where he had no entitlement to jury trial on issue of whether he qualified for enhanced punishment under habitual offender statute, Miss. Code Ann. § 99-19-81; he failed to prove that an intervening decision excepted procedural time bar of his claim under Miss. Code Ann. § 99-39-5(2).

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Smith v. State, NO. 2005-KA-01465-COA, COURT OF APPEALS OF MISSISSIPPI, February 6, 2007, Decided
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Overview: Defendant's conviction for the sale of dextropropoxyphene, a schedule IV controlled substance, in violation of Miss. Code Ann. § 41-29-139(a)(1), was proper because her duress assertion created a jury question as to whether she reasonably believed that she was under imminent threat of physical harm at the moment that she sold the medication.

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Sturdivant v. Todd, NO. 2005-CA-01937-COA, COURT OF APPEALS OF MISSISSIPPI, February 6, 2007, Decided
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Overview: Finding that plaintiffs proved elements of adverse possession, Miss. Code Ann. § 15-1-13, was affirmed, as, inter alia, there was substantial evidence of actual and hostile possession; plaintiffs testified that they had performed such activities as mowing, clearing property of snakes, and clearing underbrush of property at issue.

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Windham v. Latco of Miss., Inc., NO. 2005-CA-02086-COA, COURT OF APPEALS OF MISSISSIPPI, February 6, 2007, Decided
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Overview: In a property damage case arising from leaky roofs on chicken houses, fraudulent concealment Miss. Code Ann. § 15-1-67 did not toll the statute of repose in Miss. Code Ann. § 15-1-41; therefore, summary judgment was properly granted to a builder and a manufacturer.

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