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| Hudson v. State, NO. 2005-KA-01298-COA,
COURT OF APPEALS OF MISSISSIPPI, April 10, 2007, Decided
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Overview: In capital murder case, under Miss. R. Evid. 403 and 404(b), lookout was allowed to testify that he participated as a lookout during crime but later reported it because he was afraid of defendant and the other men because they were in a gang. Without that explanation, jury could be left without complete understanding of his participation in crime.
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| In re J.D.S., NO. 2005-CP-02021-COA,
COURT OF APPEALS OF MISSISSIPPI, April 10, 2007, Decided
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Overview: Because a former adoptive mother's husband was both a legal custodian and a legal parent of a child, he was entitled to notice of a prospective adoptive mother's attempts to adopt. Also, the prospective adoptive mother lacked standing to adopt the child because her petition did not include her spouse, as required by Miss. Code Ann. § 93-17-3(4).
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| Journeay v. Berry, NO. 2005-CA-00896-COA,
COURT OF APPEALS OF MISSISSIPPI, April 10, 2007, Decided
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Overview: A grant of summary judgment in favor of neighbors in their action against other neighbors to have fences removed was appropriate because the other neighbors' argument that the deed transfers were invalid was without merit. Additionally, as successors to the original contracting parties, they had actual notice of the covenant restrictions.
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| Kelley v. Kelley, NO. 2005-CA-01678-COA,
COURT OF APPEALS OF MISSISSIPPI, April 10, 2007, Decided
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Overview: A chancery court erred by modifying a property settlement agreement to order a former husband to make repairs and relinquish a car where there were no allegations of fraud or mutual mistake of fact in the drafting of the instrument; an error in the formation of the contract was not a proper basis for a modification.
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| Martin v. Miss. Transp. Comm'n, NO. 2005-CA-02287-COA,
COURT OF APPEALS OF MISSISSIPPI, April 10, 2007, Decided
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Overview: Because an expert in an eminent domain action had little or no knowledge as to the valuation of a business sign based on the cost approach, his testimony based on a quote from a sign company should have been stricken since he was merely acting as a conduit for hearsay about another expert's opinion, in violation of Miss. R. Evid. 703.
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| Maxwell v. Baptist Mem. Hospital-Desoto, Inc., NO. 2005-CA-01518-COA,
COURT OF APPEALS OF MISSISSIPPI, April 10, 2007, Decided
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Overview: Summary judgment was improperly granted in a medical negligence case because, although affidavits submitted by wrongful death beneficiaries were not as complete as they could have been, the pleadings, the answers to interrogatories, and the lack of a medical affidavit to contradict the allegations were sufficient to prevent summary judgment.
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| Canadian Nat'l/Ill. Cent. R.R. v. Hall, NO. 2005-CA-00206-SCT,
SUPREME COURT OF MISSISSIPPI, April 12, 2007, Decided
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Overview: Where an employee was mounting a moving locomotive when his foot slipped due to mud, the railroad was liable to the employee for $ 1,501,907.97 in damages under the Federal Employer's Liability Act, 45 U.S.C.S. § 51. The evidence showed the railroad was warned of the slippery conditions, but did nothing to remedy the potential hazard.
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| Dixon v. State, NO. 2004-CT-01582-SCT,
SUPREME COURT OF MISSISSIPPI, April 12, 2007, Decided
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Overview: Evidence was insufficient to sustain convictions for possession of cocaine with intent to deliver, Miss. Code Ann. § 41-29-139, because each defendant did not constructively possess the other's drugs; beside defendants being in the car together, no additional evidence of constructive possession was cited.
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| Killen v. State, NO. 2005-KA-01393-SCT,
SUPREME COURT OF MISSISSIPPI, April 12, 2007, Decided
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Overview: Defendant's convictions for three counts of manslaughter that occurred in 1964 were appropriate because the record was replete with evidence that there was a kidnapping and because there was no statute of limitations on manslaughter in Mississippi.
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| Oaks v. Sellers, NO. 2006-IA-00005-SCT,
SUPREME COURT OF MISSISSIPPI, April 12, 2007, Decided
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Overview: In a dispute regarding misrepresentation of insurance coverage, the three-year statute of limitations in Miss. Code Ann. § 15-1-49 began to run, at the latest, on August 26, 1997, when an insured received notice that his personal auto claim was denied and, thus, summary judgment should have been granted to the insurers as he did not sue until 2003.
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