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| Adams v. State, NO. 2005-CP-00488-COA,
COURT OF APPEALS OF MISSISSIPPI, April 17, 2007, Decided
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Overview: Denial of defendant's motion for post-conviction relief (PCR) was proper where, under Miss. Code Ann. § 99-39-9(2), it was limited to armed robbery conviction and was time barred, Miss. Code Ann. § 99-39-5(2); PCR was not excepted from time bar on basis of newly discovered evidence. Twenty-year sentence was not illegal, Miss. Code Ann. § 47-7-33.
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| Blake v. Wilson, NO. 2006-CA-00780-COA,
COURT OF APPEALS OF MISSISSIPPI, April 17, 2007, Decided
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Overview: Because the county attorneys and a sheriff were enforcing a facially valid Virginia custody order, it arose out of a judicial action and was a police protection matter, thus, immunity under Miss. Code Ann. § 11-46-9(1)(a), (c), applied to the claims of a father and his adult son who was granted custody of his children by a Mississippi court.
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| Bridges v. State, NO. 2006-CP-00110-COA,
COURT OF APPEALS OF MISSISSIPPI, April 17, 2007, Decided
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Overview: Post-conviction relief was denied where an inmate pled guilty to a drug charge because the trial court informed him of the consequences of the plea, despite an attorney's prediction that he would receive less time. Moreover, a 34-year sentence was not disproportionate since it was within the limits of Miss. Code Ann. §§ 41-29-313, 41-29-147.
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| Callins v. State, NO. 2005-CP-00071-COA,
COURT OF APPEALS OF MISSISSIPPI, April 17, 2007, Decided
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Overview: Pursuant to Miss. Unif. Cir. & County Ct. Prac. R. 8.04, defendant's guilty plea was freely, knowingly and voluntarily entered, and sentence was within statutory limits. Under Miss. Code Ann. § 99-39-19(1), evidentiary hearing on motion for post-conviction relief was necessary to determine whether defendant satisfied plea agreement obligations.
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| Cross v. State, NO. 2006-CA-00425-COA,
COURT OF APPEALS OF MISSISSIPPI, April 17, 2007, Decided
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Overview: Where appellant claimed that she suffered from untreated mental disorders, the post-conviction court found that her plea of guilty to two counts of aggravated assault was voluntary and intelligent. The trial judge determined that she was competent to enter a guilty plea, and she told the trial court several times that she wished to plead guilty.
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| Hutson v. State Farm Fire & Cas. Co., NO. 2005-CA-01742-COA,
COURT OF APPEALS OF MISSISSIPPI, April 17, 2007, Decided
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Overview: The anti-subrogation rule did not apply in a case where a coinsured caused intentional damage to his home during a marital dispute with his wife; therefore, judgment was properly entered in favor of an insurer in a subrogation action instituted to recover money paid after a claim was filed by the wife.
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| McCoy v. State, NO. 2006-KA-00034-COA,
COURT OF APPEALS OF MISSISSIPPI, April 17, 2007, Decided
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Overview: Evidence was sufficient to convict defendant of selling cocaine because (1) while videotape of the controlled drug buy was not perfect, jury was entitled to give the footage whatever weight it believed was proper; and (2) confidential informant identified defendant in court and testified that defendant was individual from whom he purchased cocaine.
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| Moore v. State, NO. 2005-CP-02063-COA,
COURT OF APPEALS OF MISSISSIPPI, April 17, 2007, Decided
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Overview: Dismissal of a petition for post-conviction relief was reversed and remanded for an evidentiary hearing because an inmate made a prima facie showing that his attorney was deficient in recommending a plea to a weapons charge since there was no probable cause to stop a car where one taillight was working under Miss. Code Ann. § 63-7-13.
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| Peyton v. Longo (In re Davis), NO. 2005-CA-01710-COA,
COURT OF APPEALS OF MISSISSIPPI, April 17, 2007, Decided
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Overview: In a father's petition to remove a conservator under Miss. Code Ann. § 91-7-285 and to set aside an allegedly fraudulent conveyance, a chancery court erred by dismissing based on a lack of standing because the father was an interested party due to the fact that his daughters were beneficiaries under their mother's will.
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| Public Employees' Ret. Sys. v. Trulove, NO. 2006-SA-00550-COA,
COURT OF APPEALS OF MISSISSIPPI, April 17, 2007, Decided
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Overview: Circuit court did not err in finding that the employee suffered injuries as a direct result of an accident that occurred during the course of her job duties, Miss. Code Ann. § 25-11-114(6), where the Public Employees' Retirement System's contention that the evidence offered in the employee's claim was limited was clearly contradicted by the record.
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