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| Cabrere v. State, NO. 2004-KA-02210-COA,
COURT OF APPEALS OF MISSISSIPPI, February 7, 2006, Decided
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Overview: Defendant's conviction was proper pursuant to Miss. Code Ann. § 97-3-73 because the victim saw and felt defendant take the ring off of her finger and she did not consent to it.
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| Farrish v. State, NO. 2004-CA-01791-COA,
COURT OF APPEALS OF MISSISSIPPI, February 7, 2006, Decided
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Overview: The trial court did not err by denying defendant post-conviction relief where although the victim recanted her trial testimony, on two occasions, that led to defendant's statutory rape conviction under Miss. Code Ann. § 97-3-65(1)(a), the trial court was able to assess her credibility firsthand and find that she had in fact had sex with defendant.
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| Int'l Paper Co. v. Townsend, NO. 2003-CA-02774-COA,
COURT OF APPEALS OF MISSISSIPPI, February 7, 2006, Decided
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Overview: A finding in favor of the driver in his action against the company alleging that the company was liable for his injuries was improper where the driver presented insufficient evidence to create a jury question as to the company's liability. The company exercised no control over the aspect of work that gave rise to the injury.
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| Jones v. State, NO. 2004-CP-02491-COA,
COURT OF APPEALS OF MISSISSIPPI, February 7, 2006, Decided
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Overview: The denial of the inmate's motion for postconviction relief was proper where the fact that the inmate had pled guilty to sexual battery because the State would have sought a life sentence at trial did not render his plea involuntary pursuant to Miss. Unif. Cir. & Cty. R. 8.04.
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| Kimble v. State, NO. 2004-KA-01433-COA,
COURT OF APPEALS OF MISSISSIPPI, February 7, 2006, Decided
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Overview: Defendant's conviction for aggravated assault was proper where statements during voir dire were made to determine if the potential jurors understood their objectives of weighing the evidence and determining the credibility of witnesses. Therefore, they were not in violation of Miss. Unif. Cir. & Cty. R. 3.05.
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| McFadden v. State, NO. 2004-KA-01306-COA,
COURT OF APPEALS OF MISSISSIPPI, February 7, 2006, Decided
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Overview: Even if defendant had produced an expert witness to testify that the cause of death was shaken baby syndrome or suffocation, defendant would have remained guilty of depraved heart murder of the victim under Miss. Code Ann. § 97-3-19(1)(b). Thus, there was no abuse of discretion in trial court's denial of funds for an expert witness for the defense.
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| Mill Creek Properties v. City of Columbia, NO. 2004-CA-02299-COA,
COURT OF APPEALS OF MISSISSIPPI, February 7, 2006, Decided
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Overview: Court properly upheld a city's closure of a road pursuant to Miss. Code. Ann. § 21-37-7 because without the closure, intersection would impede the flow of vehicular traffic and constitute a danger to the safety of the traveling public; landowners were not entitled to compensation because their properties did not abut the closed portion of the road.
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| Payne v. Whitten, NO. 2004-CA-01905-COA,
COURT OF APPEALS OF MISSISSIPPI, February 7, 2006, Decided
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Overview: A finding that the passenger was 30 percent at fault for an accident was improper where the driver never elaborated on his contributory negligence claim during discovery. He waited until the trial before asserting that the passenger was partially negligent because the two were kissing and that testimony resulted in a discovery violation.
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| Peters v. State, NO. 2004-KA-01169-COA,
COURT OF APPEALS OF MISSISSIPPI, February 7, 2006, Decided
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Overview: The evidence was more than sufficient to sustain defendant's conviction for possession of burglary tools, in violation of Miss. Code Ann. § 97-17-35, where the evidence showed beyond a reasonable doubt that he possessed a crowbar knowing of its character, and that he intended to use, or had in fact used, the crowbar to burglarize county property.
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| R. W. Aiken Ins. Agency, Inc. v. SevenOaks Capitol Corp., NO. 2004-CA-01854-COA,
COURT OF APPEALS OF MISSISSIPPI, February 7, 2006, Decided
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Overview: Appellate court affirmed the dismissal of the garnishment as the corporation filed an answer to the writ of garnishment denying the allegation, and the agency did not file a motion to contest the corporation's answer within the term of the court as required by Miss. Code Ann. § 11-35-45.
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