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| Flowers v. Public Emples. Ret. Sys., NO. 2005-CC-00198-COA,
COURT OF APPEALS OF MISSISSIPPI, April 4, 2006, Decided
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Overview: Where no doctors determined that a variety of illnesses kept an employee from working, the Mississippi Public Employees' Retirement System properly found that no disability had been proven under Miss. Code Ann. § 25-11-113 (Rev. 2003); moreover, reliance on the SSA's finding of disability was not required.
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| Gilbert v. State, NO. 2004-KA-02080-COA,
COURT OF APPEALS OF MISSISSIPPI, April 4, 2006, Decided
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Overview: Trial court did not err when it overruled defendant's motion for a judgment notwithstanding the verdict pursuant to the Weathersby rule because the physical evidence and collective testimony of a police officer, a former friend of defendant, and a forensic pathologist substantially contradicted defendant's claim that he shot victim by accident.
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| Grice v. Fedex Ground Package Sys., NO. 2005-CA-00029-COA,
COURT OF APPEALS OF MISSISSIPPI, April 4, 2006, Decided
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Overview: Appellate court reversed the grant of summary judgment in an individual's claim against an employer's employees for intentional interference with a contract because the individual's affidavit that alleged that the employee made a threatening phone call to her, if true, established the employee was not acting in good faith.
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| Herron v. State, NO. 2004-KA-01817-COA,
COURT OF APPEALS OF MISSISSIPPI, April 4, 2006, Decided
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Overview: Trial court properly denied defendant's motion for a judgment notwithstanding verdict because there was sufficient evidence for reasonable jury to find that he committed murder; prosecution produced eyewitness to the murder, in addition to another witness who heard defendant state that he was going to kill the victim for stealing his truck battery.
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| Hill v. Hill, NO. 2004-CA-00312-COA,
COURT OF APPEALS OF MISSISSIPPI, April 4, 2006, Decided
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Overview: After the parties' divorce in which the wife was awarded primary custody of the son, she moved four times, dated several men, and cohabited with a man. The chancellor found that the child's best interests required a change in custody. The court did not abuse its discretion by denying her Miss. R. Civ. P. 60(b) motion for relief from judgment.
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| Hobbs v. State, NO. 2004-KA-01721-COA,
COURT OF APPEALS OF MISSISSIPPI, April 4, 2006, Decided
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Overview: Defendant's conviction for grand larceny in violation of Miss. Code Ann. § 97-17-41 was reversed because the fact that defendant had asked the victim for money and then later had over $600 to buy a keyboard was insufficient to prove that defendant stole the victim's money from his car.
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| Jones v. State, NO. 2004-KA-02088-COA,
COURT OF APPEALS OF MISSISSIPPI, April 4, 2006, Decided
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Overview: Defendant's conviction for sexual battery was upheld where victim's testimony established that he forced her to have sex with him against her will. Even assuming that victim's uncorroborated testimony was insufficient, she stated that she reported incident to her boyfriend and grandmother almost immediately; she went to police on night of incident.
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| Lamar v. Thomas Fowler Trucking, Inc., NO. 2004-CA-00280-COA,
COURT OF APPEALS OF MISSISSIPPI, April 4, 2006, Decided
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Overview: Where decedent's employer failed to secure workers compensation coverage under Miss. Code Ann. § 71-3-7, decedent's daughter could not recover in a wrongful death action against the employer under Miss. Code Ann. § 71-3-9 because, at the time she filed suit, she had accepted and failed to return workers compensation benefits paid by timber company.
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| Reynolds v. County of Wilkinson, NO. 2004-CA-02282-COA,
COURT OF APPEALS OF MISSISSIPPI, April 4, 2006, Decided
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Overview: In personal injury action arising out of car accident, summary judgment for county was proper because deputy sheriff was serving a governmental purpose, pursuant to Miss. Code Ann. § 11-46-9(1)(c), when collision with driver occurred, and deputy did not act with reckless disregard. At worst, deputy was negligent in pulling into intersection.
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| Tate v. State, NO. 2004-KA-00789-COA,
COURT OF APPEALS OF MISSISSIPPI, April 4, 2006, Decided
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Overview: Frisk of defendant was proper, under the Fourth Amendment, where an officer testified that a bulge in defendant's shorts was unusually large, and given his erratic behavior, defensive posturing, and possession of a pocket knife, the officer believed that the bulge could be a weapon.
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