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| Airtran, Inc. v. Byrd, NO. 2006-WC-00674-COA,
COURT OF APPEALS OF MISSISSIPPI, April 3, 2007, Decided
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Overview: There was no error in awarding a benefits claimant permanent partial disability under Miss. Code Ann. § 71-3-17(c)(25) because the claimant's age, training, education, and work restrictions were taken into account in setting her wage loss earning capacity; moreover, her refusal to relocate to another state for sedentary work was not unreasonable.
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| Bobo v. State, NO. 2005-KA-01998-COA,
COURT OF APPEALS OF MISSISSIPPI, April 3, 2007, Decided
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Overview: The trial court did not err in failing to grant defendant's directed verdict, overruling his motion for a JNOV, and denying his motion for a new trial given the evidence convicting defendant of aggravated assault, Miss. Code Ann. § 97-3-7; defendant initiated the altercation, struck the first blow and repeatedly stabbed the victim.
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| Brooks v. State, NO. 2005-CP-02108-COA,
COURT OF APPEALS OF MISSISSIPPI, April 3, 2007, Decided
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Overview: Plea petition set out applicable sentence range for statutory rape and stated that trial court was not bound by any recommendations of district attorney. Thus, inmate received adequate notification of sentencing range, and trial court did not err in accepting his guilty plea. Accordingly, his petition for postconviction relief was properly denied.
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| Gilliland v. Gilliland, NO. 2005-CA-01568-COA,
COURT OF APPEALS OF MISSISSIPPI, April 3, 2007, Decided
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Overview: Chancellor properly awarded father custody of children as (1) mother suffered from stress and anxiety; (2) father and his parents testified that when mother became upset she frequently lost control and that the loss of control was sometimes directed against the children; and (3) officers who had been to home expressed concern for children's safety.
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| Int'l Paper Co. v. Townsend, NO. 2003-CA-02774-COA,
COURT OF APPEALS OF MISSISSIPPI, April 3, 2007, Decided
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Overview: Inter alia, in a personal injury suit against paper company, court erred in allowing logging truck driver's expert to testify as expert witness; judge did not allow voir dire of expert that would have gone directly to issue of his qualifications under Frye and trial testimony showed he clearly was not qualified to testify in his purported field.
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| Jones v. Greene County Bd. of Educ., NO. 2006-CA-00463-COA,
COURT OF APPEALS OF MISSISSIPPI, April 3, 2007, Decided
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Overview: Greene County, Mississippi, Board of Education's decision to grant an easement over leased land was not reviewable in a circuit court by a petition for a writ of certiorari because the Board was acting in an administrative capacity; the Board's decision was not akin to that of a special court of eminent domain under Miss. Code Ann. § 65-7-201.
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| Moore v. Cole, NO. 2005-CA-02290-COA,
COURT OF APPEALS OF MISSISSIPPI, April 3, 2007, Decided
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Overview: In child custody matter, mother's request to modify child custody was properly denied because mother failed to meet burden of showing changed circumstances. Sufficient evidence existed to support conclusion that father's work schedule was substantially the same, if not better, than it had been at time of initial custody award.
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| Parkman v. State, NO. 2005-CP-02127-COA,
COURT OF APPEALS OF MISSISSIPPI, April 3, 2007, Decided
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Overview: Motion for post-conviction relief was properly denied because right to challenge the voluntariness of a confession was waived by a guilty plea, there was a factual basis for the plea to sexual battery under Miss. Code Ann. § 97-3-95(1)(a), (d) based on a confession, the medical evidence, and a victim's statement, and counsel was not ineffective.
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| Pruitt v. State, NO. 2006-CP-00041-COA,
COURT OF APPEALS OF MISSISSIPPI, April 3, 2007, Decided
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Overview: Post-conviction relief was denied in a case where a portion of a suspended sentence was revoked under Miss. Code Ann. § 47-7-37 because there was no due process violation since the evidence relied upon was listed, there was no double jeopardy violation since the original sentence was reinstated, and counsel was not required.
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| Taylor v. Southern Farm Bureau Casualty Co., NO. 2005-CA-02215-COA,
COURT OF APPEALS OF MISSISSIPPI, April 3, 2007, Decided
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Overview: Because a car insurance policy was not a "good" or "service" under Miss. Code Ann. § 75-24-5, a motion to dismiss for failure to state a claim was granted in an insured's claim against an insurer under the Mississippi Consumer Protection Act; the claim was based on an allegation that fraud was committed in a total loss payment.
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