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| Brown v. State, NO. 2004-KA-01331-COA,
COURT OF APPEALS OF MISSISSIPPI, April 11, 2006, Decided
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Overview: Evidence was sufficient to convict defendant of burglary of a dwelling, robbery, kidnapping, and auto theft as 1) owner testified that he locked the door after allowing defendant to enter his home; 2) she had her hand on the doorknob right before three masked men rushed in; and 3) she left immediately after the men, and refused to help untie owner.
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| Clear River Constr. Co. v. Chandler, NO. 2005-WC-00290-COA,
COURT OF APPEALS OF MISSISSIPPI, April 11, 2006, Decided
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Overview: Appellate court affirmed decision by the Mississippi Workers' Compensation Commission apportioning benefits at 25% pursuant to Miss. Code Ann. § 71-3-25 because the decision was supported by substantial evidence as the employee's work for the employer was hard physical labor, but he also suffered from coronary artery disease.
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| Coleman v. Mallory, NO. 2004-CA-02327-COA,
COURT OF APPEALS OF MISSISSIPPI, April 11, 2006, Decided
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Overview: In divorce proceeding, court erred in holding wife in contempt for failing to pay husband his interest in parties' marital property where, pursuant to Miss. R. Civ. P. 62(a), judgment was not final until court ruled on wife's motion for new trial. Because court erred in citing wife for contempt, award of attorney fees to husband was also improper.
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| Coleman v. State, NO. 2005-KA-00393-COA,
COURT OF APPEALS OF MISSISSIPPI, April 11, 2006, Decided
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Overview: Trial court did not err in denying defendant's motion for a directed verdict and his motion for JNOV where reasonable and fair-minded jurors could have concluded that defendant was guilty of burglary of a dwelling; new trial was properly denied as verdict was not contrary to the overwhelming weight of the evidence.
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| Davis-Everett v. Dale, NO. 2005-CC-00355-COA,
COURT OF APPEALS OF MISSISSIPPI, April 11, 2006, Decided
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Overview: Appellate court affirmed a trial court judgment that affirmed the suspension of bail bond agent for six months from the bail bonding business pursuant to Miss. Code Ann. § 83-39-15 because the agent employed her husband, a convicted felon, in her business in violation of Miss. Code Ann. § 83-39-9.
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| Dobbs v. State, NO. 2004-KA-01638-COA,
COURT OF APPEALS OF MISSISSIPPI, April 11, 2006, Decided
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Overview: The trial court did not err by failing to properly instruct the jury as to self-defense where the jury instructions requested by defendant were repetitive; the jury was given instructions which conveyed the message that the deputy's actions were not justifiable if he used excessive force.
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| Edwards v. Wal-Mart, NO. 2005-WC-00167-COA,
COURT OF APPEALS OF MISSISSIPPI, April 11, 2006, Decided
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Overview: An ALJ did not err in dismissing an employee's workers' compensation claim due to the employee's failure to move for reinstatement within one year under Miss. Code Ann. § 71-3-47 (Rev. 2000) where under § 71-3-47, the Mississippi Workers' Compensation Commission could establish the "practice and procedure" for the "adjudication of all claims."
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| Ethridge v. Ethridge, NO. 2005-CA-00049-COA,
COURT OF APPEALS OF MISSISSIPPI, April 11, 2006, Decided
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Overview: Father alleged mother was unfit because of her boyfriend and drug abuse. Chancellor made a reasonable analysis of the evidence; found the evidence raised concerns about mother's moral fitness; took steps to reduce the effect of those concerns; and, on balance, found that the totality of the evidence supported giving custody of children to mother.
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| Fradella v. Seaberry, NO. 2005-CA-00404-COA,
COURT OF APPEALS OF MISSISSIPPI, April 11, 2006, Decided
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Overview: Appellate court affirmed the denial of a motion to compel arbitration by a real estate agent and company because the insertion of a mandatory arbitration provision into a real estate contract, which the agent and company were not parties to, was not supported by sufficient consideration.
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| Harper v. Harper, NO. 2004-CA-02107-COA,
COURT OF APPEALS OF MISSISSIPPI, April 11, 2006, Decided
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Overview: Chancellor did not err in finding that a material change in circumstances had occurred when parties' daughter moved to Mississippi as both mother and father stipulated to the fact that there was a material and substantial change in circumstances. Review of Albright factors meant that father was properly granted primary physical custody of children.
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