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| Sandefer v. State, NO. 2005-KA-01333-COA,
COURT OF APPEALS OF MISSISSIPPI, February 27, 2007, Decided
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Overview: Where defendant had permission to enter a doctor's home but did not have permission to take money from a locked room, he was properly indicted for burglary under Miss. Code Ann. § 97-17-23. He was entitled to a new trial, because the trial court erred by excluding testimony from a defense witness who was disclosed late.
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| Saucier v. State, NO. 2005-KA-01630-COA,
COURT OF APPEALS OF MISSISSIPPI, February 27, 2007, Decided
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Overview: Where defendant was convicted of murdering a neighbor in violation of Miss. Code Ann. § 97-3-19(1)(a), his motions for a directed verdict, JNOV, and a new trial were properly denied because testimony and the presence of his DNA at the crime scene were sufficient evidence and the jury decided which evidence and testimony was credible.
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| Smith v. State, NO. 2005-KA-01058-COA,
COURT OF APPEALS OF MISSISSIPPI, February 27, 2007, Decided
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Overview: Because the State did not prove the date of offense for a prior DUI charge, a conviction for felony third offense DUI was not supported by the evidence since there was no proof that two prior convictions were committed within 5 years of the third offense.
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| Spencer v. Hudspeth, NO. 2006-CA-00058-COA,
COURT OF APPEALS OF MISSISSIPPI, February 27, 2007, Decided
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Overview: A warranty deed of gift from a wife to her husband should have been set aside as the product of undue influence because a confidential relationship existed due to their long marriage, the fact that the husband took care of the ailing wife, and the fact that a power of attorney was established. The presumption of undue influence was not rebutted.
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| Turner v. State, NO. 2004-KA-02386-COA,
COURT OF APPEALS OF MISSISSIPPI, February 27, 2007, Decided
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Overview: Appellant's conviction under Miss. Code Ann. § 41-29-139(a)(1) (Rev. 2001) was affirmed where the trial court did not err in failing to have a confidential informant's testimony heard and did not abuse its discretion in admitting cocaine bags and transcripts of the audiotaped drug buys into evidence or in denying appellant's posttrial motions.
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| Van Cleave v. Estate of Fairchild, NO. 2005-CA-01958-COA,
COURT OF APPEALS OF MISSISSIPPI, February 27, 2007, Decided
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Overview: Estate's executor challenged two warranty deeds to transferee and deed holder. Circuit court properly found that transfers were void because transferee had exercised undue influence over decedent, with whom transferee had close relationship, and presumption of undue influence was not rebutted.
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