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| Cook v. State, NO. 2005-KA-02138-COA,
COURT OF APPEALS OF MISSISSIPPI, March 13, 2007, Decided
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Overview: Evidence was sufficient to sustain a conviction under Miss. Code Ann. § 41-29-313 because an officer testified that the odor he encountered was indicative of a methamphetamine lab, he saw defendant exit the room carrying a plastic container and glass jar connected by a tube, and the substances were identified as ether, pseudoephedrine, and hexanes.
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| Fugate v. State, NO. 2005-KA-02175-COA,
COURT OF APPEALS OF MISSISSIPPI, March 13, 2007, Decided
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Overview: Defendant's conviction for aggravated domestic violence against his girlfriend in violation of Miss. Code Ann. § 97-3-7(4) was appropriate because his statements in which he alluded to prior domestic violence were admissible under Miss. R. Evid. 404(b) to show the absence of an accident.
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| Gibbes v. Hinds County Bd. of Supervisors, NO. 2005-CC-01963-COA,
COURT OF APPEALS OF MISSISSIPPI, March 13, 2007, Decided
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Overview: A county board of supervisors erred when it granted an easement holder access to a private road on property under Miss. Code Ann. § 65-7-201 because an easement already existed; since there was nothing to show its exact location, a finding that it was unusable could not have been made.
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| Gregory v. Audubon Indem. Co., NO. 2006-CA-00267-COA,
COURT OF APPEALS OF MISSISSIPPI, March 13, 2007, Decided
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Overview: Summary judgment was properly granted to an insurer in a dispute over coverage under a commercial general liability policy because an auto exclusion applied since an employee, as an insured under the policy, was using an auto under the policy language when he backed into an injured party; moreover, the parking exception did not apply.
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| Kidd v. McRae's Stores P'ship, NO. 2005-CP-01918-COA,
COURT OF APPEALS OF MISSISSIPPI, March 13, 2007, Decided
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Overview: Where an injured party suffered a broken arm after tripping on uneven tile at a department store, a verdict in favor of the store was not against the overwhelming weight of the evidence where a 1/16 height difference in the tile met all known codes, standards, and requirements for safety.
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| Logan v. State, NO. 2005-KA-00595-COA,
COURT OF APPEALS OF MISSISSIPPI, March 13, 2007, Decided
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Overview: There was sufficient evidence to support a conviction for embezzlement under Miss. Code Ann. § 97-11-25 because defendant, as a mayor of a town, did not have permission to take cabinets inside of a city building, and the evidence showed that the cabinets in question were city property instead of the property of a former tenant.
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| McLeod v. State, NO. 2006-CP-00261-COA,
COURT OF APPEALS OF MISSISSIPPI, March 13, 2007, Decided
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Overview: A motion for postconviction relief was denied in case challenging the legality of a life sentence imposed for two counts of robbery with a deadly weapon under Miss. Code § 2367 (1942) because this was a permissible sentence where a jury did not impose the death penalty.
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| McNeal v. State, NO. 2006-CP-00284-COA,
COURT OF APPEALS OF MISSISSIPPI, March 13, 2007, Decided
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Overview: Where an inmate was informed of the circumstances and consequences of a guilty plea, he entered the plea freely and voluntarily under oath, and he met the competency standard while taking certain medications, a postconviction relief motion was denied because there no reason to set aside the plea to sexual offenses.
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| Mooney v. State, NO. 2005-KA-01822-COA,
COURT OF APPEALS OF MISSISSIPPI, March 13, 2007, Decided
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Overview: Defendant's conviction for felony possession of methamphetamine was appropriate because the State met its burden in proving that defendant's confession was voluntary. An officer testified that he did not coerce or promise anything to defendant in exchange for defendant's statements and two other officers corroborated that officer's testimony.
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| Moore v. State, NO. 2006-KA-00140-COA,
COURT OF APPEALS OF MISSISSIPPI, March 13, 2007, Decided
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Overview: Trial court sustained State's objections to defendant's cross-examination of witness about another witness as it was irrelevant, Miss. R. Evid. 401; under Miss. R. Evid. 608(b), that witness had unmentioned and unrelated charges pending was not, in of itself, probative of untruthfulness. Defendant failed to show verdict was contrary to evidence.
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