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| Ales v. State, NO. 2004-KA-01734-COA,
COURT OF APPEALS OF MISSISSIPPI, February 21, 2006, Decided
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Overview: The trial court did not err by resentencing defendant after he had tested positive for marijuana use, as it did not increase the term of defendant's sentence, only that portion that had been originally suspended, the regular term of the trial court had not expired, and the chain of custody of the test had been properly maintained.
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| Billy E. Burnett, Inc. v. Pontotoc County Bd. of Supervisors, NO. 2004-CA-02446-COA,
COURT OF APPEALS OF MISSISSIPPI, February 21, 2006, Decided
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Overview: Trial court properly upheld county board of supervisors' award of contract to resident contractor because trial court's ruling was not based solely upon its determination that resident contractor was entitled to preference pursuant to Miss. Code Ann. §§ 31-7-47 and 31-3-21; nonresident contractor, whose bid was lowest, had some negative references.
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| Clark v. State, NO. 2003-KA-02611-COA,
COURT OF APPEALS OF MISSISSIPPI, February 21, 2006, Decided
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Overview: Trial court did not abuse its discretion in admitting second knife into evidence during defendant's aggravated assault trial because second knife was relevant under Miss. R. Evid. 401; after defendant had stabbed victim with butcher knife, he tried to stab him with different knife. The police had found defendant with the second knife in his hands.
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| Cook v. State, NO. 2005-CP-00267-COA,
COURT OF APPEALS OF MISSISSIPPI, February 21, 2006, Decided
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Overview: Where appellant, whose motion for postconviction relief had been denied, failed to show that any circumstances existed which necessitated the granting of his Miss. R. Civ. P. 60(b) motion, the circuit court did not abuse its discretion when it denied the Rule 60(b) motion.
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| Ellzey v. White, NO. 2004-CA-02523-COA,
COURT OF APPEALS OF MISSISSIPPI, February 21, 2006, Decided
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Overview: Chancellor erred in awarding attorney's fees to mother as he did not make finding that mother was unable to pay. Chancellor erred in concluding that father made over $6,000 per month; thus, new hearing on amount of child support was needed. Miss. R. Civ. P. 81 was properly complied with and mother complied with Miss. Code Ann. § 93-27-209.
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| In re Estate of Guillory v. McGee, NO. 2004-CA-01930-COA,
COURT OF APPEALS OF MISSISSIPPI, February 21, 2006, Decided
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Overview: Trial court did not err in denying administrator's motion for new trial by finding there was no juror misconduct under Miss. R. Evid. 606(b). Award of $1,500 in damages to administrator was not error and additur was not warranted; under Miss. Code Ann. § 41-9-119, verdict regarding decedent's medical bills was not product of bias and passion.
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| Jackson v. Jackson, NO. 2004-CA-00976-COA,
COURT OF APPEALS OF MISSISSIPPI, February 21, 2006, Decided
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Overview: Court properly granted a divorce to a wife where the husband's regular drinking binges, foul language, rude and condescending behavior toward the wife and the children, mysterious expenditure of marital funds, and unexplained extended absences rose to the level of habitual cruel and inhuman treatment.
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| Jackson v. Payne, NO. 2005-CA-00291-COA,
COURT OF APPEALS OF MISSISSIPPI, February 21, 2006, Decided
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Overview: A driver had to show more than mere negligence to establish reckless disregard and there was no indication that a sheriff's deputy acted with deliberate disregard for the safety of others; thus, driver had not overcome the sovereign immunity granted the sheriff under the Mississippi Tort Claims Act, Miss. Code Ann. § 11-46-1 et seq.
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| Madison v. Madison, NO. 2005-CP-00365-COA,
COURT OF APPEALS OF MISSISSIPPI, February 21, 2006, Decided
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Overview: Nothing in the replevin code provisions, Miss. Code Ann. § 11-37-101 through 11-37-157, required a replevin order to be issued by means of an agreed order and since the order merely enforced a settlement agreement to which the husband had already agreed, the trial court committed no error.
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| Mitchell v. State, NO. 2004-KA-00317-COA,
COURT OF APPEALS OF MISSISSIPPI, February 21, 2006, Decided
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Overview: There was substantial basis for probable cause where police received several tips from multiple confidential informants concerning defendant's involvement in illegal drug activity; judge was not acting as adjunct law enforcement officer. Miss. Unif. Cir. & Cty. R. 9.04 allowed defendant's oral confession to be admitted into evidence.
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