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| Andrews v. State, NO. 2004-CP-01724-COA,
COURT OF APPEALS OF MISSISSIPPI, April 18, 2006, Decided
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Overview: Appellant was properly denied postconviction relief where his petition was time-barred by three-year statute of limitations in Miss. Code Ann. § 99-39-5. Appellant made no claims within the exceptions in § 99-39-5(2); his claims were all included in § 99-39-5(1), and were therefore time-barred when not brought within the three-year time limitation.
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| Braddock Law Firm, PLLC v. Becnel, NO. 2004-CA-01237-COA,
COURT OF APPEALS OF MISSISSIPPI, April 18, 2006, Decided
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Overview: Chancellor abused his discretion in not allowing law firm to amend its complaint pursuant to Miss. R. Civ. P. 15(b) to allege civil conspiracy in action against defendants for breach of fee-splitting agreement where reasons for denying motion, that defendants had plenty of money to pay the judgment and that it was not a jury trial, were not valid.
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| Dukes v. State, NO. 2004-KA-01719-COA,
COURT OF APPEALS OF MISSISSIPPI, April 18, 2006, Decided
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Overview: Defendant's court-appointed counsel filed an appellate brief to determine whether defendant was unlikely to prevail on appeal. The appellate court found that there was no error which warranted reversal. Thus, defendant's conviction for the crime of deliberate design murder of the victim, his former girlfriend, was affirmed.
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| Herring Gas Co. v. Newton, NO. 2004-CA-02137-COA,
COURT OF APPEALS OF MISSISSIPPI, April 18, 2006, Decided
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Overview: Venue was proper in Harrison County as certified mail receipt from stockholder to attorneys showed pecuniary obligation of right, title, or interest in personal estate created, acknowledged, or transferred, Miss. Code Ann. § 1-3-41. Under Miss. Code Ann. § 79-4-6.27(b), no genuine issue of material fact existed as to transferability of certificate.
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| Jewell v. State, NO. 2005-CP-00811-COA,
COURT OF APPEALS OF MISSISSIPPI, April 18, 2006, Decided
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Overview: State failed to meet burden of showing that defendant's notice of appeal was filed late, Miss. R. App. P. 4(a). Defendant did not prove ineffective assistance of counsel as motion to suppress was not untimely filed and counsel worked to reduce defendant's outstanding charges. Record refuted defendant's assertion that guilty plea was involuntary.
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| Mimmitt v. Allstate County Mut. Ins. Co., NO. 2004-CA-01942-COA,
COURT OF APPEALS OF MISSISSIPPI, April 18, 2006, Decided
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Overview: A trial court properly awarded judgment to an insurer in plaintiff's writ of garnishment proceeding because the insured failed to provide notice to the insurer of the personal injury action that plaintiff had brought against her. Consequently, the insurer was denied the opportunity to defend the personal injury lawsuit.
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| Randolph v. Lambert, NO. 2004-CA-02169-COA,
COURT OF APPEALS OF MISSISSIPPI, April 18, 2006, Decided
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Overview: Litigation Accountability Act, Miss. Code Ann. § 11-55-5, could be brought in motion form by buyer in breach of contract but not independent cause of action. Intentional infliction of emotional distress claim was barred by Miss. Code Ann. § 15-1-35. Buyer did not meet standards of Miss. R. Civ. P. 14 in bringing in seller's attorney as third party.
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| Smith v. Canal Ins. Co., NO. 2004-CA-01988-COA,
COURT OF APPEALS OF MISSISSIPPI, April 18, 2006, Decided
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Overview: Injured party filed a complaint for declaratory judgment against insurer of an ambulance company's automobiles. The injured party's injury was not a result of the ownership or maintenance of the ambulance. His injury was a result of a third party hitting him on the head. Thus, trial court properly granted the insurer's motion for summary judgment.
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| Univ. of Miss. Med. Ctr. v. Rainey, NO. 2005-WC-00773-COA,
COURT OF APPEALS OF MISSISSIPPI, April 18, 2006, Decided
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Overview: Trial court properly upheld award of permanent partial disability benefits to an injured employee where the undisputed medical evidence was that the employee's injury resulted in a significant limitation on her ability to perform her job as radiology technician. She was unable to lift objects or bend or stoop, all necessary requirements of her job.
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