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| Bates v. State, NO. 2005-KA-00983-COA,
COURT OF APPEALS OF MISSISSIPPI, March 20, 2007, Decided
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Overview: Where the evidence showed that defendant was chewing something when officers approached his car, he failed to rebut evidence showing that he was the owner of the car, and drugs were found on the driver's side of the car, there was sufficient evidence to support a conviction for cocaine possession under Miss. Code Ann. § 41-29-139(c)(1)(B).
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| Bouldin v. Lipscomb Oil Co., NO. 2005-CA-00685-COA,
COURT OF APPEALS OF MISSISSIPPI, March 20, 2007, Decided
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Overview: Summary judgment was properly awarded to oil company in plaintiff's premises liability action, which was filed after gasoline came out of hose when he positioned hose to fill his tank, because record contained no evidence that company, or any individual under its control, caused or contributed to the conditions alleged to be dangerous by plaintiff.
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| Chapman v. City of Quitman, NO. 2005-CA-02042-COA,
COURT OF APPEALS OF MISSISSIPPI, March 20, 2007, Decided
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Overview: City was entitled to immunity under Miss. Code Ann. § 11-46-9(1)(c) because officer's failure to remove keys from and/or lock the doors of patrol car did not show a reckless disregard for safety of others, given that party guest testified that there was a crowd of 15 or more angry teenagers who were wielding knives and throwing sticks and bricks.
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| Clemons v. State, NO. 2005-KA-02143-COA,
COURT OF APPEALS OF MISSISSIPPI, March 20, 2007, Decided
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Overview: In a murder case under Miss. Code Ann. § 97-3-19(1)(a), a trial court properly refused to instruct a jury on insanity where the evidence showed that defendant did not have a medical condition that contributed to the crime, and a psychiatrist testified that he was aware of the nature and act of murder due to his conduct before and after the crime.
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| Grissom v. Grissom, NO. 2005-CA-01738-COA,
COURT OF APPEALS OF MISSISSIPPI, March 20, 2007, Decided
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Overview: A father's request to modify his child support and medical expense obligations was granted because he showed a material change in circumstances; the father lost his job through no fault of his own, and his decision to open his own business to support the family was not made in bad faith.
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| Hill v. State, NO. 2005-KA-01763-COA,
COURT OF APPEALS OF MISSISSIPPI, March 20, 2007, Decided
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Overview: Lower court did not err in finding that there was sufficient evidence before the jury to convict appellant of burglary of a dwelling, where appellant confessed to the crime and appellant was found in possession of items stolen from the burglarized home within an hour of the robbery when he tried to pawn the stolen goods at a pawn shop.
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| Hoyt v. State, NO. 2006-CP-00928-COA,
COURT OF APPEALS OF MISSISSIPPI, March 20, 2007, Decided
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Overview: An inmate's request for post-conviction relief was properly denied without an evidentiary hearing under Miss. Code Ann. § 99-39-11(2) where the record contradicted his claim that counsel mistakenly informed him about the charge he was pleading guilty to, a claim of coercion, and a claim of ineffective assistance of counsel.
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| McCollins v. State, NO. 2005-KP-01236-COA,
COURT OF APPEALS OF MISSISSIPPI, March 20, 2007, Decided
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Overview: In a case where defendant was convicted of conspiracy, burglary of a dwelling, grand larceny, and first degree arson, a trial court did not err by imposing the maximum sentences allowed under Miss. Code Ann. §§ 97-17-23, 97-1-1, 97-17-1, and 97-17-41(1)(a). Co-conspirators got lesser sentences since they did not plead to the same crimes.
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| McMurphy v. Three Rivers Planning & Dev. Dist., Inc., NO. 2005-CA-02106-COA,
COURT OF APPEALS OF MISSISSIPPI, March 20, 2007, Decided
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Overview: Judgment was entered in favor of a creditor in a contract action disputing the meaning of a stock assignment; even if the assignee intended to only pledge $50,000, this alleged intent to limit the value of the assignment was not manifested in the agreement. Therefore, the creditor was entitled to the appreciation in value of the stock.
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| Morris v. State, NO. 2005-KA-02016-COA,
COURT OF APPEALS OF MISSISSIPPI, March 20, 2007, Decided
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Overview: In a murder case, the court properly admitted evidence of a family feud between defendant's family and the victim's family because the evidence was relevant, Miss. R. Evid. 401, and was not so prejudicial as to constitute reversible error because the testimony had the tendency of making the action more or less probable.
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