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   State Courts - Mississippi - March 14, 2006

  
Pennebaker v. Gray, NO. 2004-CA-01893-COA, COURT OF APPEALS OF MISSISSIPPI, March 14, 2006, Decided
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Overview: Although court found friend was entitled to quantum meruit, it had not manifestly erred in finding parties were not parties to a joint venture; inter alia, evidence surrounding their sale of gravel indicated they were acting individually and not as joint venturers in that business as evidence established that each sold gravel for his own benefit.

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Russell v. State, NO. 2004-KA-01604-COA, COURT OF APPEALS OF MISSISSIPPI, March 14, 2006, Decided
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Overview: Indictment against defendant was sufficient where, charging aggravated assault pursuant to Miss. Code Ann. § 97-3-37(2)(b), it alleged that defendant purposefully or knowingly caused or attempted to cause bodily injury to the victim with a deadly weapon; evidence was sufficient to show that defendant purposefully caused bodily injury to the victim.

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Strohm v. State, NO. 2005-CP-00458-COA, COURT OF APPEALS OF MISSISSIPPI, March 14, 2006, Decided
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Overview: Absence of house address defendant burglarized had no impact on indictment, and house was identified by name of owner; defendant waived non-jurisdictional error in indictment when he pleaded guilty. There was no prosecutorial misconduct as to guilty plea, and counsel was not ineffective where he fully explained charges defendant was facing.

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Thompson v. Chick-Fil-A, Inc., NO. 2004-CA-02286-COA, COURT OF APPEALS OF MISSISSIPPI, March 14, 2006, Decided
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Overview: In a negligence case based on a fall on a curb, summary judgment was granted to an owner because the curb did not present a dangerous condition, despite a lack of markings, the owner was not negligent, and evidence of other unrelated falls on the premises did not amount to notice.

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