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| Berry v. State, NO. 2005-CP-00186-COA,
COURT OF APPEALS OF MISSISSIPPI, March 21, 2006, Decided
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Overview: Appellate court affirmed the denial of an inmate's petition for post-conviction relief as it was barred as a successive petition pursuant to Miss. Code Ann. § 99-39-27(9) and there were no fundamental constitutional rights that would operate as an exception to the procedural bar.
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| Bounds v. Bounds, NO. 2004-CA-02472-COA,
COURT OF APPEALS OF MISSISSIPPI, March 21, 2006, Decided
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Overview: The granting of a wife's motion to enforce judgment and citation for civil contempt against the husband was proper where the husband failed to meet the burden of proof of his present inability to absolve himself of contempt, or as to what his present economic ability was.
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| Bryan v. Aron, NO. 2005-CA-00157-COA,
COURT OF APPEALS OF MISSISSIPPI, March 21, 2006, Decided
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Overview: Where plaintiff did not file his action to recover funds after defendant's check to him bounced until almost four years after the check was first dishonored, plaintiff's action was barred by the statute of limitations in Miss. Code Ann. § 75-3-118(c).
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| Bryant v. Bryant, NO. 2004-CA-02068-COA,
COURT OF APPEALS OF MISSISSIPPI, March 21, 2006, Decided
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Overview: There was a valid extra-judicial agreement that father would support son until he was emancipated and mother would support daughter. Son became emancipated, but mother was still supporting daughter. Based on a yearly income of $ 26,000, father's monthly child support payment of $ 300 for daughter was appropriate under Miss. Code Ann. § 43-19-101.
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| Davis Island Land Co., LLC v. Vicksburg Warren Sch. Dist., NO. 2005-CA-00044-COA,
COURT OF APPEALS OF MISSISSIPPI, March 21, 2006, Decided
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Overview: The dismissal of the corporation's action against a school district concerning quiet title to land was appropriate under the doctrine of res judicata because the case dealt with the same subject matter as that of a suit filed in federal court, the parties were the same, and the cause of action was the same.
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| Doe v. Mississippi State Fed'n of Colored Women's Club Housing for the Elderly in Clinton, Inc. (In re Minor Child), NO. 2005-CA-00055-COA,
COURT OF APPEALS OF MISSISSIPPI, March 21, 2006, Decided
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Overview: In a premises liability case, the court erred by granting summary judgment to an apartment complex where it had notice of an atmosphere of violence in the complex, it discontinued security, it neglected to take other preventative measures, and it knew of the perpetrator's violent nature, yet it did nothing to prevent him from raping a child.
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| Edmond v. Miller, NO. 2005-CP-00549-COA,
COURT OF APPEALS OF MISSISSIPPI, March 21, 2006, Decided
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Overview: Inmate was not denied due process or equal protection due to parole board's failure to order a psychiatric evaluation prior to his parole hearings because parole was within board's discretion under Miss. Code Ann. §§ 47-7-3, 47-7-17, and 47-7-27, which clearly stated evaluation was not required until inmate was first found eligible for parole.
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| Frei v. State, NO. 2004-KA-02323-COA,
COURT OF APPEALS OF MISSISSIPPI, March 21, 2006, Decided
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Overview: Child victim was found competent to testify, and, pursuant to Miss. R. Evid. 803(25), testimonies of interviewer and social worker were admissible as they showed that child was consistent in her statements to them. Defendant's statement was voluntary. Evidence was sufficient to convict under Miss. Code Ann. § 97-3-95(1), and indictment was proper.
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| Hoskins v. State, NO. 2004-CP-02460-COA,
COURT OF APPEALS OF MISSISSIPPI, March 21, 2006, Decided
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Overview: The denial of an inmate's petition for postconviction relief was proper where he failed to prove that his counsel was ineffective and where the record reflected that the trial judge questioned the inmate thoroughly at his sentencing after he pled guilty and made certain that he understood his rights and the possible maximum sentence.
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| Levine v. City of Louisville, NO. 2005-KM-00174-COA,
COURT OF APPEALS OF MISSISSIPPI, March 21, 2006, Decided
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Overview: Appellate court affirmed defendant's conviction in violation of Miss. Code Ann. § 63-11-30 and the denial of his motion to suppress because an officer was not required to read defendant his Miranda rights when the officer first started speaking to defendant about an accident as defendant was not in custody at that time.
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