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| Black v. State, NO. 2005-KA-00560-COA,
COURT OF APPEALS OF MISSISSIPPI, February 13, 2007, Decided
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Overview: The evidence was sufficient to support an armed robbery conviction where defendant had declined to sell his gun to neighbors based on his need to rob someone, he was identified by store employees as the perpetrator, and the gun used, the clothes worn, and cash were all found on defendant or in his house during a subsequent search.
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| Bolton v. State, NO. 2005-CP-01642-COA,
COURT OF APPEALS OF MISSISSIPPI, February 13, 2007, Decided
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Overview: Denial of a motion challenging the sentence imposed, which was construed as a second motion for postconviction relief, was affirmed because the inmate's claim was time-barred under Miss. Code Ann. § 99-39-5, and was procedurally barred by Miss. Code Ann. § 99-39-23(6). Additionally, inmate was properly sentenced under Miss. Code Ann. § 97-3-21.
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| Caston v. State, NO. 2005-CP-01398-COA,
COURT OF APPEALS OF MISSISSIPPI, February 13, 2007, Decided
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Overview: Defendant's claim for post-conviction relief was properly dismissed without an evidentiary hearing, Miss. Code Ann. § 99-39-11(2), where the indictment against defendant was sufficient under Miss. Unif. Cir. & County Ct. Prac. R. 7.06, his counsel was not ineffective, and his guilty plea was voluntary.
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| Chasez v. Chasez, NO. 2004-CP-01956-COA CONSOLIDATED WITH NO. 2003-CA-01828,
COURT OF APPEALS OF MISSISSIPPI, February 13, 2007, Decided
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Overview: Judgment finding appellant in contempt for failure to pay child support was affirmed, as, inter alia, chancellor was correct to determine appellant owed child support payments for certain months regardless of stay of execution on previous contempt judgment; also, appellant failed to cite legal authority to support ineffective-assistance argument.
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| Hanshaw v. Hanshaw, NO. 2005-CA-01680-COA,
COURT OF APPEALS OF MISSISSIPPI, February 13, 2007, Decided
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Overview: A former wife's due process rights were violated when she was found in contempt of court for failing to vacate a marital residence without receiving notice under Miss. R. Civ. P. 6(d); the wife was never issued a Miss. R. Civ. P. 81(d)(2) summons, and it was irrelevant that her attorney was present at any earlier hearing.
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| Hillard v. State, NO. 2005-KA-01781-COA,
COURT OF APPEALS OF MISSISSIPPI, February 13, 2007, Decided
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Overview: Defendant was entitled to reversal of his convictions for armed robbery and conspiracy to commit armed robbery because prior testimony of a co-defendant was impermissibly admitted in violation of Miss. R. Evid. 802 as the evidence was "testimony" and defendant had not had the opportunity to cross-examine the co-defendant.
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| Johnson v. State, NO. 2005-KA-01533-COA,
COURT OF APPEALS OF MISSISSIPPI, February 13, 2007, Decided
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Overview: In a conspiracy to commit murder case, a motion for a new trial was denied because the overwhelming weight of the evidence did not favor defendant, despite a murder weapon being found at another gang member's house; the testimony showed that defendant was part of a gang that decided to kill the victim before he could testify in an unrelated case.
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| Public Emples. Ret. Sys. v. Wright, NO. 2005-CC-02188-COA,
COURT OF APPEALS OF MISSISSIPPI, February 13, 2007, Decided
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Overview: In a disability case, a former employee's procedural due process rights under the Fifth and Fourteenth Amendments to the United States Constitution were violated where an appeals committee considered a second independent medical evaluation without giving the employee the opportunity to appear or to contest perceived errors in the report.
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| Smith v. City of Gulfport, NO. 2005-CA-01153-COA,
COURT OF APPEALS OF MISSISSIPPI, February 13, 2007, Decided
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Overview: Trial court properly granted directed verdict under Miss. R. Civ. P. 41(b) to city in suit alleging that city's failure to clean drainage ditch caused flooding because deposition testimony of residents' expert was inadmissible under Miss. R. Civ. P. 32(a)(3) and evidence was insufficient to conclude that city's actions caused the flooding.
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| Smith v. State, NO. 2005-KA-00681-COA,
COURT OF APPEALS OF MISSISSIPPI, February 13, 2007, Decided
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Overview: A court properly replaced a regular juror with an alternate, Miss. Code Ann. § 13-5-67, because the juror had been late to court on two occasions, the juror had received mental treatment in the past, the juror had been seen sleeping in the jury box, and he had also been seen taking notes completely out of sync with the presentation of testimony.
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