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| Swift v. State, NO. 2006-CP-00322-COA,
COURT OF APPEALS OF MISSISSIPPI, March 27, 2007, Decided
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Overview: Defendant's appeal of denial of motion for reconsideration, after having his probation was revoked, was dismissed without prejudice, because order revoking probation was not appealable. Although circuit court referred to motion for reconsideration as a post-conviction matter, appellate court held that it was not denial of post-conviction relief.
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| Turner v. State, NO. 2005-KA-02069-COA,
COURT OF APPEALS OF MISSISSIPPI, March 27, 2007, Decided
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Overview: Defendant's conviction for burglary of a business was proper because the record was insufficient to resolve his claim that his attorney did not review the video in question prior to cross-examining any of the prosecution's first three witnesses. The state of the record rendered it impossible for the appellate court to examine his allegations.
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| Whitehead v. State, NO. 2005-KA-01364-COA,
COURT OF APPEALS OF MISSISSIPPI, March 27, 2007, Decided
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Overview: Defendant's convictions for two counts of aggravated assault were proper because the appellate court was unable to say that the prosecutor's overzealousness impacted the jury's verdict. There were several witnesses, in addition to the two victims, that testified that defendant was the perpetrator of the crimes.
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| Willing v. Estate of Benz, NO. 2005-CA-00470-COA,
COURT OF APPEALS OF MISSISSIPPI, March 27, 2007, Decided
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Overview: City was immune from liability under Miss. Code Ann. § 11-46-9(1)(c) for decedent's death on highway because officer's conduct did not amount to reckless disregard for the safety of the traveling public. Officer notified his dispatcher of condition of highway and dispatcher promptly notified MDOT so that sand or salt could be applied to ice patch.
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| Young v. State, NO. 2006-CP-00114-COA,
COURT OF APPEALS OF MISSISSIPPI, March 27, 2007, Decided
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Overview: Where a hunting cabin was fully furnished and had food items, cooking supplies, appliances, and other living comforts and necessities, it constituted a dwelling under Miss. Code Ann. § 97-17-23; therefore, post-conviction relief was denied because an inmate was properly charged with burglary of a dwelling.
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