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| Adams v. State, NO. 2006-CP-00405-COA,
COURT OF APPEALS OF MISSISSIPPI, February 27, 2007, Decided
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Overview: An inmate's motion for post-conviction relief was properly denied because his plea was voluntarily and intelligently given in a grand larceny case where the trial court asked him several questions regarding his understanding of the plea, its consequences, and the charges. Moreover, there was no reason to consult the inmate's mother first.
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| Bacon v. State, NO. 2005-KA-01057-COA,
COURT OF APPEALS OF MISSISSIPPI, February 27, 2007, Decided
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Overview: Where an indictment alleged that defendant, after being signalled to stop by an officer, continued to operate his vehicle with a reckless disregard for the safety of others, it was sufficient to allege a violation of Miss. Code Ann. § 97-9-72(2); moreover, there was no need to allege that defendant was guilty of an underlying crime.
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| Bailey v. State, NO. 2004-KA-00640-COA,
COURT OF APPEALS OF MISSISSIPPI, February 27, 2007, Decided
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Overview: Defendant's murder conviction was appropriate even though it was erroneous under Miss. R. Evid. 801(c) and 802 to allow the prosecution to elicit improper hearsay testimony during a witness's testimony because the portion of the testimony that was not hearsay would still have been admissible and equally prejudicial to defendant's case.
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| Barr v. Hancock County, NO. 2005-CA-01573-COA,
COURT OF APPEALS OF MISSISSIPPI, February 27, 2007, Decided
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Overview: Summary judgment was properly granted to a county based on sovereign immunity under Miss. Code Ann. § 11-46-9(1)(d) because the decision to backfill a road instead of paving it after the upgrade or installation of a culvert was a discretionary function; any decision outside of Miss. Code Ann. § 65-21-1 was discretionary in nature.
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| Chambers v. State, NO. 2005-KM-01101-COA,
COURT OF APPEALS OF MISSISSIPPI, February 27, 2007, Decided
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Overview: Defendant claimed that resisting arrest conviction was inconsistent with his acquittal for assault on officer. Claim was rejected because record revealed jury was presented with substantial evidence to support conviction, pursuant to Miss. Code Ann. § 97-9-73. Among other things, officer testified defendant struck another officer in chest.
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| Daniels v. Daniels, NO. 2005-CA-01318-COA,
COURT OF APPEALS OF MISSISSIPPI, February 27, 2007, Decided
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Overview: In a divorce case, the trial court's division of the marital property was reversed and remanded because chancellor failed to make adequate findings and adequately address applicable Ferguson factors. Alimony award was also remanded because chancellor failed to thoroughly apply relevant alimony factors in findings of fact and conclusions of law.
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| Ellis v. State, NO. 2005-KP-01426-COA,
COURT OF APPEALS OF MISSISSIPPI, February 27, 2007, Decided
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Overview: In an aggravated assault case under Miss. Code Ann. § 97-3-7, proposed jury instructions on the "single juror," the presumption of innocence and the State's burden of proof, and the elements of the offense were rejected because they were covered by instructions that had already been given. An accident instruction was not supported by the evidence.
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| Estate of Hazelton v. Cain, NO. 2005-CA-01484-COA,
COURT OF APPEALS OF MISSISSIPPI, February 27, 2007, Decided
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Overview: A grant of summary judgment in favor of a nursing center's president and its former administrator in the decedent's representative's action for personal injuries and wrongful death was appropriate pursuant to Miss. Code Ann. § 43-11-1 because the evidence did not show a causal link between the president and the administrator and the decedent.
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| Greenwood Pub. Sch. Dist. v. Miss. Dep't of Empl. Sec., NO. 2006-CC-00212-COA,
COURT OF APPEALS OF MISSISSIPPI, February 27, 2007, Decided
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Overview: Where a school district failed to renew a claimant's contract as a physical education teacher and head basketball coach based on its dissatisfaction with the physical education program, the cited reasons did not amount to misconduct that would preclude the claimant from receiving unemployment benefits under Miss. Code Ann. § 71-5-513.
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| Jackson v. State, NO. 2004-KA-01460-COA,
COURT OF APPEALS OF MISSISSIPPI, February 27, 2007, Decided
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Overview: Defendant's conviction for the sale of marijuana within a correctional facility was appropriate because the trial judge did not need to recuse himself since nothing in the judge's response gave rise to overcome the presumption of impartiality. Assertions made by defendant were only speculations that the judge could not have been impartial.
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