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| Andrews v. State, NO. 2005-CP-00572-COA,
COURT OF APPEALS OF MISSISSIPPI, March 7, 2006, Decided
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Overview: Where defendant was found guilty of selling cocaine and later pled guilty to two other charges, defendant failed to prove that he was entitled to an out-of-time appeal from the first conviction under Miss. Code Ann. § 99-39-5; although defendant initially wanted to appeal his first conviction, he changed his mind as a result of a plea agreement.
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| B & W Farms v. Miss. Transp.Comm'n, NO. 2005-CA-00774-COA,
COURT OF APPEALS OF MISSISSIPPI, March 7, 2006, Decided
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Overview: Grant of summary judgment in favor of the Mississippi Transportation Commission (MTC) was affirmed because where the farm's claims against the MTC had sounded in negligence, the farm could not raise Miss. Const. art. 3, § 17 as a defense to immunity for the first time its response to the MTC's summary judgment motion.
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| Brown v. State, NO. 2003-CP-01132-COA,
COURT OF APPEALS OF MISSISSIPPI, March 7, 2006, Decided
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Overview: In a manslaughter case, the trial court correctly dismissed appellant's motion for post-conviction relief as time-barred as she was not serving an illegal sentence; the combination of her 4 years of post-release supervision and 16 years incarceration resulted in a 20-year sentence, the permissible maximum sentence as per Miss. Code Ann. § 47-7-34.
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| Clark v. State, NO. 2004-CP-02305-COA,
COURT OF APPEALS OF MISSISSIPPI, March 7, 2006, Decided
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Overview: In an armed robbery case, defendant's counsel could not have been ineffective for failing to quash the indictment as the indictment was not impermissibly vague in giving defendant notice of the weapons used in the robbery. Even if it was not clear that defendant's claims were without merit, the issues he raised were barred by his guilty plea.
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| Day v. Ocean Springs Hosp. Sys., NO. 2004-CA-02066-COA,
COURT OF APPEALS OF MISSISSIPPI, March 7, 2006, Decided
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Overview: There was sufficient evidence to permit finding that visitor had failed to prove that hospital had created a dangerous condition or had actual or constructive knowledge of the condition which allegedly caused the visitor to slip and fall and injure herself; history given by patient to a physician was not conclusive proof of the cause of an injury.
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| Dobbs v. State, NO. 2004-CP-01751-COA,
COURT OF APPEALS OF MISSISSIPPI, March 7, 2006, Decided
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Overview: Appellate court affirmed the denial of an inmate's petition for post-conviction relief because where the inmate admitted that he passed a bad check in an amount that exceeded $100, he committed a felony in violation of Miss. Code Ann. § 97-19-55.
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| Fuqua v. State, NO. 2004-KA-00491-COA,
COURT OF APPEALS OF MISSISSIPPI, March 7, 2006, Decided
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Overview: Defendant's conviction for crimes of capital murder and arson was proper where there was no requirement that, in a capital murder indictment, the State must list the essential elements of any capital murder predicate felonies save burglary. Thus, his indictment was not defective for the failure to include the essential elements of sexual battery.
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| Gordon v. Lafayette County Sch. Dist., NO. 2004-CC-02391-COA,
COURT OF APPEALS OF MISSISSIPPI, March 7, 2006, Decided
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Overview: A chancery court properly upheld a school board's decision to not renew a teacher's contract for the 2004-05 school year where the reasons for nonrenewal, including absence from the classroom, lack of respect for staff members, questionable emotional stability, and failure to follow proper adherence to teacher guidelines, were supported by fact.
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| Henderson v. Henderson, NO. 2004-CA-01277-COA,
COURT OF APPEALS OF MISSISSIPPI, March 7, 2006, Decided
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Overview: Appellate court affirmed the award of sole legal and physical custody of the couple's two children to the wife because the trial court considered the best interests of the children under Miss. Code Ann. § 93-5-24 and determined that shifting the children between the two households was not in their best interests.
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| Hubbard v. State, NO. 2004-KA-02052-COA,
COURT OF APPEALS OF MISSISSIPPI, March 7, 2006, Decided
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Overview: Trial court did not err in giving flight instruction as defendant's account was contradicted and instruction limited itself to possession charges. Under Miss. Code Ann. § 97-3-7(2), evidence was sufficient to support verdict for aggravated assault. Evidence sufficiently showed that stolen property exceeded $250 under Miss. Code Ann. § 97-17-70.
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