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   State Courts - Mississippi - March 7, 2006

  
Johnson v. State, NO. 2004-CP-01150-COA, COURT OF APPEALS OF MISSISSIPPI, March 7, 2006, Decided
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Overview: Circuit court did not err in dismissing motion for post-conviction relief in aggravated assault case because three-year statute of limitations of Miss. Code Ann. § 99-39-5(2) applied to appellant's post-conviction relief claims based on ineffective assistance of counsel and involuntariness of guilty pleas, and the claims were clearly time-barred.

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Lauro v. Lauro, NO. 2004-CA-02252-COA consolidated with NO. 2001-CA-00801-SCT, COURT OF APPEALS OF MISSISSIPPI, March 7, 2006, Decided
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Overview: Chancellor did not err in granting mother periodic alimony, or in amount of support granted to mother, and equitable distribution of marital assets and the awarding of attorney's fees to the mother were proper. The chancellor had to enter a specific visitation schedule between the father and children. Mother was granted attorney's fees on appeal.

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Madison v. State, NO. 2004-KA-00880-COA, COURT OF APPEALS OF MISSISSIPPI, March 7, 2006, Decided
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Overview: Trial court did not err by allowing the prosecutor to amend the indictment to reflect defendant's status as an habitual offender under Miss. Unif. Cir. & Cty. R. 7.09 as the amendment did not affect the substance of the crime charged, but only the sentencing; thus, defendant's defense to the armed robbery charge was unaffected by the amendment.

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McFarland v. State, NO. 2004-KA-00416-COA, COURT OF APPEALS OF MISSISSIPPI, March 7, 2006, Decided
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Morris v. State, NO. 2005-CP-00410-COA, COURT OF APPEALS OF MISSISSIPPI, March 7, 2006, Decided
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Overview: Post-conviction relief was properly denied in a case where appellant pled guilty to sale of cocaine because his guilty plea was voluntary, as appellant stated that he was entering his plea freely, voluntarily, and of his own accord, and there was nothing in the record to overcome presumption that appellant received effective assistance of counsel.

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Padgett v. State, NO. 2004-CP-02046-COA, COURT OF APPEALS OF MISSISSIPPI, March 7, 2006, Decided
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Overview: Where appellant pled guilty to murder as a habitual offender in 1980, his 2004 motion to vacate judgment and sentence was time barred pursuant to Miss. Code Ann. § 99-39-5(2). The court treated his motion as a submission under the Mississippi Uniform Post-Conviction Collateral Relief Act, Miss. Code Ann. §§ 99-39-1 - 99-39-119.

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Smith v. Estate of Brents, NO. 2004-CA-02139-COA, COURT OF APPEALS OF MISSISSIPPI, March 7, 2006, Decided
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Overview: In a driver's suit against the estate of a decedent, who did not survive the parties' car accident, the trial court did not err in issuing a net judgment rather than two separate judgments where the driver was found 75 percent negligent and the decedent was found 25 percent negligent as the driver was not insured.

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Smith v. State, NO. 2005-CP-01090-COA, COURT OF APPEALS OF MISSISSIPPI, March 7, 2006, Decided
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Overview: Appellant was sentenced to prison for two DUI convictions. Following the denial of appellant's first motion for post-conviction relief, he filed a motion to correct an illegal sentence; the second motion was treated as a motion for post-conviction relief and procedurally barred as a successive writ under Miss. Code Ann. § 99-39-23(6).

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Williams v. State, NO. 2004-CP-01569-COA, COURT OF APPEALS OF MISSISSIPPI, March 7, 2006, Decided
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Overview: In a manslaughter case, defendant failed to show that his counsel was ineffective for failing to discover evidence of his schizophrenia as defendant clearly told the trial court that he was not under any treatment for any mental conditions, and his self-serving affidavit on appeal that he was suffering from mental problems was not believable.

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Williams v. State, NO. 2004-CP-02242-COA, COURT OF APPEALS OF MISSISSIPPI, March 7, 2006, Decided
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Overview: A court properly denied defendant's motion for postconviction relief after he pled guilty to armed robbery because he stated in his plea colloquy that he had not been coerced into pleading guilty and that he was satisfied with advice of his attorney. Counsel's advice that defendant plead guilty was within range of competence demanded of attorneys.

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