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| Barnes v. State, NO. 2006-CP-01203-COA,
COURT OF APPEALS OF MISSISSIPPI, February 20, 2007, Decided
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Overview: Where appellant's motion for post-conviction relief was filed outside the three-year statute of limitations imposed by Miss. Code Ann. § 99-39-5, the motion was time-barred. Appellant's claims of ineffective assistance of counsel and a defective indictment were not sufficient to overcome the bar imposed by the period of limitation.
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| Check Cashers Express, Inc. v. Crowell, NO. 2005-CA-01631-COA,
COURT OF APPEALS OF MISSISSIPPI, February 20, 2007, Decided
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Overview: A finding that the tenants were liable for damages to property leased to them by the landlord was appropriate because there was substantial evidence for the chancellor to have ruled that the partition walls were fixtures and thus became part of the realty.
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| Douglas Parker Elec., Inc. v. Miss. Design & Dev. Corp., NO. 2006-CA-00285-COA,
COURT OF APPEALS OF MISSISSIPPI, February 20, 2007, Decided
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Overview: Although a trial court correctly determined that an oral contract existed rather than an open account, summary judgment should not have been granted in favor of a company because there was a genuine issue of material fact as to when payment for barge repairs was due, and equitable estoppel applied to a statute of limitations argument.
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| Jones v. State, NO. 2005-KA-02135-COA,
COURT OF APPEALS OF MISSISSIPPI, February 20, 2007, Decided
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Overview: Even though a confidential informant was biased due to the fact that he was working with police due to a pending shoplifting charge and the fact that he had been shot by defendant during an altercation, the jury was the proper judge of credibility; therefore, there was sufficient evidence to support a conviction under Miss. Code Ann. § 41-29-139.
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| Jones v. State, NO. 2006-CP-00469-COA,
COURT OF APPEALS OF MISSISSIPPI, February 20, 2007, Decided
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Overview: Where appellant pled guilty to three counts of armed robbery, he claimed that the sentencing recommendation by the district attorney was changed to reflect the actual sentence appellant received. The trial court erred by dismissing his petition for post-conviction relief without a hearing under Miss. Code Ann. § 99-39-11(2).
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| Roberson v. Roberson, NO. 2005-CA-01402-COA,
COURT OF APPEALS OF MISSISSIPPI, February 20, 2007, Decided
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Overview: An award of periodic alimony in the amount of $375 per month was appropriate based on the disparity in the earning capacity of the parties, the fact that a wife had fewer work prospects, the parties had been married for 29 years, and the wife had no where to live as a result of the judgment.
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| Terrell v. State, NO. 2005-KA-01606-COA,
COURT OF APPEALS OF MISSISSIPPI, February 20, 2007, Decided
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Overview: Defendant's robbery conviction was proper because the jury chose to give more weight to the testimony of the investigating officers than defendant, which was permissible. The appellate court found that sufficient evidence existed for the trial judge to deny defendant's motion for directed verdict and to sustain a jury verdict of guilty.
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| Williams v. State, NO. 2005-CP-01104-COA,
COURT OF APPEALS OF MISSISSIPPI, February 20, 2007, Decided
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Overview: In appeal of life sentence as habitual offender, sentence was not unconstitutional because the State properly amended defendant's indictment, and defendant was on notice that he faced a possible life sentence if he were found guilty. Right to jury under Blakely was not violated because prior convictions were exceptions to Blakely.
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