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| Allen v. Allen, NO. 2006-CA-00376-COA,
COURT OF APPEALS OF MISSISSIPPI, March 27, 2007, Decided
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Overview: Because a father only cited to the fact that there was a change in a visitation schedule in his request for a modification of his child support obligation, a chancery court did not err by denying the motion; the father did not discuss the 10 factors applicable to such situations.
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| Belton v. State, NO. 2006-CP-01299-COA,
COURT OF APPEALS OF MISSISSIPPI, March 27, 2007, Decided
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Overview: Post-conviction relief was summarily denied in a case where an inmate entered a guilty plea to the sale of cocaine under Miss. Code Ann. § 41-29-139 because the record and the inmate's sworn statements at the plea colloquy contradicted his later claim that the plea was not entered knowingly, voluntarily, and intelligently.
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| Bolton v. Equiprime, Inc., NO. 2005-CA-01744-COA,
COURT OF APPEALS OF MISSISSIPPI, March 27, 2007, Decided
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Overview: Although trial court erred in granting corporation's motion to dismiss, Miss. R. Civ. P. 12(b)(6), mortgagors had adequate time to respond to matters raised by the corporation and failed to do so. Corporation was entitled to summary judgment, Miss. R. Civ. P. 56(e), as its motion alleged facts that showed absence of genuine issue of material fact.
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| Broome v. City of Columbia, NO. 2005-CA-00605-COA,
COURT OF APPEALS OF MISSISSIPPI, March 27, 2007, Decided
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Overview: Judgment was properly entered for a city in a personal injury case based on sovereign immunity under Miss. Code Ann. § 11-46-9(1)(c) because an officer did not act with reckless disregard when she pursued a suspect with outstanding warrants since she saw an open container in his car and suspected he was driving under the influence.
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| Graham v. State, NO. 2005-CA-02367-COA,
COURT OF APPEALS OF MISSISSIPPI, March 27, 2007, Decided
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Overview: Defendant's motion for postconviction relief was properly denied because the evidence showed that he more likely than not violated his probation for armed robbery; a narcotics officer witnessed a drug sale, saw defendant drop a plastic bag, which field tested positive for cocaine, and a witness identified defendant as person involved in drug sale.
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| King v. Pike County Nat'l Bank, NO. 2005-CA-01098-COA,
COURT OF APPEALS OF MISSISSIPPI, March 27, 2007, Decided
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Overview: The dismissal of the borrower's appeal from a favorable ruling granted to her that dismissed a motion to hold her in contempt was proper because the issue raised in the appeal was moot. The chancellor found that the borrower was not in contempt of court and the relief that she currently sought would have left her in the same position.
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| Peacock v. State, NO. 2006-CP-00804-COA,
COURT OF APPEALS OF MISSISSIPPI, March 27, 2007, Decided
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Overview: In a postconviction relief proceeding, appellant was not entitled to an evidentiary hearing where he failed to state a cognizable claim for relief. Therefore, the circuit court properly dismissed appellant's petition.
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| Roles v. State, NO. 2005-KA-00362-COA,
COURT OF APPEALS OF MISSISSIPPI, March 27, 2007, Decided
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Overview: In a statutory rape case under Miss. Code Ann. § 97-3-65(1)(b), where a child victim testified that she was penetrated by defendant's penis during a sexual act, the State established that sexual intercourse occurred. Medical evidence of penetration was not required.
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| Sacus v. State, NO. 2005-KA-01517-COA,
COURT OF APPEALS OF MISSISSIPPI, March 27, 2007, Decided
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Overview: Evidence was sufficient to convict defendant of manslaughter because he had willful intent necessary for manslaughter as 1) he was angry that a wager had not been returned; 2) he purchased a gun that day; 3) witnesses saw he and victim arguing before shooting; and 4) killing was not accidental. Thus, JNOV and new trial motions were properly denied.
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| Scott v. City of Booneville, NO. 2005-KM-02094-COA,
COURT OF APPEALS OF MISSISSIPPI, March 27, 2007, Decided
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Overview: The fact that a traffic ticket in a DUI case had a scrivener's error regarding the date of offense did not render it ineffective under Miss. Unif. Cir. & Cty. R. 7.06 because defendant was put on notice of the date of the offense by the fact that the date was correct on the other two citations he was issued.
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