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   State Courts - Mississippi - April 6, 2006

  
Byrd v. Bowie, NO. 2005-IA-00321-SCT, SUPREME COURT OF MISSISSIPPI, April 6, 2006, Decided
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Overview: Appellate court affirmed the grant of partial summary judgment in favor of plaintiffs on the issue of negligence as defendants gave no valid reasons for the failure to respond to the request for admissions, and answers deemed admitted by the failure to respond to the admissions supported the grant of the partial motion for summary judgment.

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Johns v. State, NO. 2003-CT-00716-SCT, SUPREME COURT OF MISSISSIPPI, April 6, 2006, Decided
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Overview: In an aggravated assault case, the court erred in finding that counsel was effective, Sixth Amendment, where the failure to investigate the case prejudiced defendant; the testimony of the alibi witnesses, coupled with the fact that there was absolutely no physical evidence to convict defendant, could very well have changed the outcome of the trial.

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Trainer v. State, NO. 2004-CA-01955-SCT, SUPREME COURT OF MISSISSIPPI, April 6, 2006, Decided
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Overview: Owner did not show that Miss. Code Ann. §§ 97-33-7 and -17 failed to provide clear and adequate definition of what was allowed and what was proscribed with regard to video game machines. Statutes described what caused video game to be illegal slot machine; there was no due process violation under U.S. Const. amend. XIV or Miss. Const. art. 3, § 14.

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Univ. of Miss. Med. Ctr. v. Easterling, NO. 2004-IA-02360-SCT, SUPREME COURT OF MISSISSIPPI, April 6, 2006, Decided
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Overview: Appellate court reversed the denial of a medical center's motion for summary judgment because plaintiff failed to comply with the ninety-day notice requirement under Miss. Code Ann. § 11-46-11(1). Judgment was entered for the medical center.

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