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   State Courts - Mississippi - March 6, 2007

  
Apperson v. White, NO. 2005-CA-01516-COA, COURT OF APPEALS OF MISSISSIPPI, March 6, 2007, Decided
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Overview: An award of title to a disputed tract of land to adjoining landowners by virtue of adverse possession was appropriate under Miss. Code Ann. § 15-1-13, in part because evidence that the landowners had constructed a barbed-wire fence encompassing the disputed property some 60 years ago was compelling evidence of adverse possession.

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Brabham v. Brabham, NO. 2005-CA-01437-COA consolidated with NO. 2005-CA-02335-COA, COURT OF APPEALS OF MISSISSIPPI, March 6, 2007, Decided
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Overview: Alimony was denied to a former wife in a divorce matter after a consideration of the Armstrong factors; a chancery court did not just look to the wife's adultery in making its decision, but also relied on her work history, her extreme behavior, and her unwillingness to contribute either directly or indirectly to the marriage.

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Brownlee v. State, NO. 2006-KA-00036-COA, COURT OF APPEALS OF MISSISSIPPI, March 6, 2007, Decided
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Overview: The trial court properly denied defendant's motions for a directed verdict and for a new trial and found him guilty of manslaughter, Miss. Code Ann. § 97-3-35, because (1) there was evidence that defendant retrieved an object from his vehicle and then stabbed the victim; and (2) defendant was not under attack from the victim when he stabbed him.

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Cockrell v. Panola County Bd. of Supervisors, NO. 2005-CA-02240-COA, COURT OF APPEALS OF MISSISSIPPI, March 6, 2007, Decided
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Overview: In private property owners' challenge to the board of supervisors' decision to rezone an area adjacent to their land from agricultural to industrial, as the owners of a scrap metal business did not produce sufficient evidence showing a substantial change in the subject area to justify rezoning, the board erred in approving the rezoning application.

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Davis v. State, NO. 2005-KA-01877-COA, COURT OF APPEALS OF MISSISSIPPI, March 6, 2007, Decided
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Overview: Jury was properly instructed that defendant could be found guilty of sale of cocaine, Miss. Code Ann. § 41-29-139, lesser-included offense to charge of sale of cocaine while in possession of firearm, Miss. Code Ann. §§ 41-29-139, -152. Thus, there was no merit to argument that indictment was not valid because lesser-included offense was not stated.

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Doe v. Wright Sec. Servs., NO. 2005-CA-02198-COA, COURT OF APPEALS OF MISSISSIPPI, March 6, 2007, Decided
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Overview: The grant of summary judgment in favor of a security service in a student's action after he was sexually assaulted by another student was improper because the security service contracted with the school district to provide security services and thus, it had obligated itself to a duty to protect the students.

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Fair v. State, NO. 2005-KA-01705-COA, COURT OF APPEALS OF MISSISSIPPI, March 6, 2007, Decided
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Overview: Counsel was not ineffective under Sixth Amendment because (1) defendant was not prejudiced by his counsel's trial strategy in any significant way; (2) jury had the opportunity to weigh defendant's testimony against that of the two investigators and decided whom to believe; and (3) on the evidence, jury could only have returned verdict of guilty.

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Jaramillo v. State, NO. 2005-KA-01708-COA, COURT OF APPEALS OF MISSISSIPPI, March 6, 2007, Decided
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Overview: Defendant's convictions for possession with the intent to distribute and possession in violation of Miss. Code Ann. § 41-29-139 were appropriate because, notwithstanding defendant's consent to the search of his vehicle, the use of narcotics-detection dogs during a stop based on probable cause did not violate the Fourth Amendment.

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Magee v. State, NO. 2003-KA-02768-COA, COURT OF APPEALS OF MISSISSIPPI, March 6, 2007, Decided
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Overview: There was sufficient evidence to support defendant's conviction of forcible rape under Miss. Code Ann. § 97-3-65(4) because the victim testified that the sex was forcible, not consensual and she bore injuries consistent with her allegation of having been forcibly attacked.

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Magee v. State, NO. 2004-KA-00610-COA, COURT OF APPEALS OF MISSISSIPPI, March 6, 2007, Decided
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Overview: Where the evidence consisted of an audio and video of defendant participating in a drug transaction, and a confidential informant testified regarding such, there was sufficient evidence to support a conviction under Miss. Code Ann. § 41-29-139(a)(1), despite defendant's assertion that he was out of state at the time.

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