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   State Courts - Mississippi - February 21, 2006

  
Osborne v. State, NO. 2004-KA-00991-COA, COURT OF APPEALS OF MISSISSIPPI, February 21, 2006, Decided
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Overview: Defendant's murder conviction was proper where the trial judge was within his discretion in determining that the victim's four-year-old brother was competent to testify against defendant and where other testimony was properly admitted under Miss. R. Evid. 803(24) as showing the consistency of the brother's account.

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Pope v. State, NO. 2004-CP-01370-COA, COURT OF APPEALS OF MISSISSIPPI, February 21, 2006, Decided
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Overview: Denial of defendant's motion for post-conviction relief on grounds that his guilty plea was not voluntary was proper as he was not prejudiced by not knowing the sentencing range; he only received a 12-year sentence for each of three counts, to run concurrently, for violating Miss. Code Ann. § 97-5-23, when he could have received over 30 years.

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Rogers v. Allstate Ins. Co., NO. 2004-CA-02074-COA, COURT OF APPEALS OF MISSISSIPPI, February 21, 2006, Decided
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Overview: Summary judgment was properly awarded to insurer in its action for declaration that it was not obligated to defend insured in underlying tort action brought by psychologist because insured's mailing of letters to health care providers informing them that psychologist was under investigation by American Psychological Association was not an accident.

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Shipp v. State, NO. 2004-KA-01210-COA, COURT OF APPEALS OF MISSISSIPPI, February 21, 2006, Decided
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Overview: Defendant's conviction for manslaughter in violation of Miss. Code Ann. § 97-3-35 was affirmed as two witnesses saw defendant shoot the victim three times after the victim had initially walked away from the argument with defendant and did not approach defendant's car until defendant went to follow him.

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Smith v. State, NO. 2005-CP-00230-COA, COURT OF APPEALS OF MISSISSIPPI, February 21, 2006, Decided
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Overview: Under Miss. Code Ann. §§ 99-39-5(2) and 99-39-27(9), appellant's motion for post-conviction relief was barred as it was untimely and appellant could not file successive motion; Blakely was not intervening decision affecting case and there was no error in representation at plea proceeding. Claim of involuntary plea did not surmount procedural bar.

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Stewart v. State, NO. 2004-KA-01838-COA, COURT OF APPEALS OF MISSISSIPPI, February 21, 2006, Decided
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Overview: Defendant was properly convicted of possession of at least one tenth of a gram but less than two grams of cocaine as each element of constructive possession was proven were defendant was the sole occupant of the vehicle at the time of arrest, and the cocaine was found in plain view in the pocket of the driver's side door.

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Time Warner Cable, Inc. v. Miss. Empl. Sec. Comm'n Bd. of Review, NO. 2004-CC-01925-COA, COURT OF APPEALS OF MISSISSIPPI, February 21, 2006, Decided
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Overview: An employer failed to present substantial evidence to indicate misconduct on the part of the claimant because inability or incapacity resulting in failure of good performance were not considered employment misconduct within the meaning of Miss. Code Ann. § 71-5-513A(1)(b).

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Watson v. State, NO. 2004-KA-01745-COA, COURT OF APPEALS OF MISSISSIPPI, February 21, 2006, Decided
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Overview: Appellate court affirmed defendant's conviction and the sentence imposed as the trial court did not err by allowing the State to amend the indictment to correct the section number to reflect that defendant was being charged with felony shoplifting and a five- year sentence did not exceed the maximum punishment in Miss. Code Ann. § 97-17-41(a).

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