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| Long v. State, NO. 2004-KA-01884-COA,
COURT OF APPEALS OF MISSISSIPPI, March 21, 2006, Decided
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Overview: In prior inconsistent statement case, Miss. R. Evid. 613(b), trial court did not accept accomplice's statement that house defendant entered was his grandfather's and not the victim's house. Also, evidence was sufficient to convict defendant of burglary because a witness saw defendant actively participating in the burglary of the victim's house.
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| Randolph v. State, NO. 2004-KA-01206-COA,
COURT OF APPEALS OF MISSISSIPPI, March 21, 2006, Decided
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Overview: Defense's case was based on theory that police were lying about defendant having confessed to burglary. Since case rested on credibility, trial court properly allowed prosecution to impeach defendant's credibility with his prior felony convictions, but in order to limit their prejudicial effect, State could not establish the nature of the felonies.
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| Schepens v. City of Long Beach, NO. 2004-CA-02367-COA,
COURT OF APPEALS OF MISSISSIPPI, March 21, 2006, Decided
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Overview: Trial court did not err in dismissing homeowners' suit against city because pursuant to Miss. Code Ann. § 11-46-9(1)(b), (g), and (q), the city was immune as (1) claim arose from injury which resulted solely from effect rain had on road, and (2) even if city had duty to purchase its own grading equipment, that was an immune discretionary decision.
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| Stevens v. Stevens, NO. 2004-CA-01830-COA,
COURT OF APPEALS OF MISSISSIPPI, March 21, 2006, Decided
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Overview: An award of lump sum and periodic alimony to the wife was proper where the chancellor went to great lengths to discuss the parties' marital assets and liabilities and to come to a determination of the value of each of their estates. The chancellor also discussed the facts pertaining to each of the Armstrong factors as pertaining to the parties.
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| Suber v. Suber, NO. 2004-CA-02451-COA,
COURT OF APPEALS OF MISSISSIPPI, March 21, 2006, Decided
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Overview: Father did not produce financial records to determine his adjusted gross income under Miss. Code Ann. § 43-19-101. Also, he testified to having a college education, being qualified in numerous fields related to financial world, and being accomplished actor; thus, chancellor had evidence that he was able to contribute $ 500 per month child support.
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| Trading Post, Inc. v. Miss. Empl. Sec. Comm'n, NO. 2005-CC-00285-COA,
COURT OF APPEALS OF MISSISSIPPI, March 21, 2006, Decided
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Overview: Where a claimant was discharged because she was experiencing difficulty working with another employee, her actions did not constitute misconduct under Miss. Code Ann. § 71-5-513A(1)(b). Thus, she was not disqualified from receiving unemployment benefits.
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| Williams v. State, NO. 2004-KA-01985-COA,
COURT OF APPEALS OF MISSISSIPPI, March 21, 2006, Decided
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Overview: Where the jury saw a videotape of defendant selling drugs to an informant, the evidence was sufficient to support his conviction for the sale of cocaine. His sentence of twenty-five years in prison with five years suspended was within the guidelines set forth in Miss. Code Ann. § 41-29-139(b)(1); the sentence was not disproportionate to the crime.
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| Woodfield v. Woodfield (In re Estate of Woodfield), NO. 2004-CA-00238-COA,
COURT OF APPEALS OF MISSISSIPPI, March 21, 2006, Decided
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Overview: A finding against the decedent's oldest son in a will contest action was inappropriate where the decedent's oldest son was not involved in creating the will; thus, the presumption of undue influence derived from case law did not apply as it addressed the fiduciary duty between the attorney drafting the will and the testator.
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