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| Davis v. State, NO. 2006-CP-00079-COA,
COURT OF APPEALS OF MISSISSIPPI, April 24, 2007, Decided
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Overview: Motion for post-conviction relief was denied in a case where an inmate's suspended sentence for statutory rape was revoked because he waived certain claims due to a guilty plea, there was no evidence that an indictment was manufactured, and the revocation of the suspended sentence was permitted under Miss. Code Ann. §§ 47-7-34, 47-7-37.
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| Hawkins v. Smith County, NO. 2004-CA-01117-COA,
COURT OF APPEALS OF MISSISSIPPI, April 24, 2007, Decided
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Overview: A property owner was enjoined under Miss. Code Ann. § 65-7-7 from interfering with a road based on his act of placing metal no trespassing signs thereon because the road had been dedicated to a county, which had accepted it by making certain improvements. Moreover, any improper widening of the road did not affect the owner's property.
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| Jackson v. State, NO. 2006-KA-00156-COA,
COURT OF APPEALS OF MISSISSIPPI, April 24, 2007, Decided
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Overview: Where the victims were accosted by a man who took their purses, police found defendant carrying a purse and saw him throw an object into the bushes. Defendant was convicted of robbery and attempted robbery. There were no arguable issues which would support his appeal.
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| Jesco, Inc. v. Cain, NO. 2006-WC-00528-COA,
COURT OF APPEALS OF MISSISSIPPI, April 24, 2007, Decided
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Overview: Injuries suffered while walking across a street to report for work were compensable under the special hazards exception to the "going and coming" rule since a benefits claimant was required to park in an employee lot and cross a street in the dark where there were no lights or traffic signals; the fact that another lot existed did not bar recovery.
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| Martin v. State, NO. 2006-KP-00919-COA,
COURT OF APPEALS OF MISSISSIPPI, April 24, 2007, Decided
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Overview: Defendant's sentence for twenty-five years' imprisonment for burglary of a dwelling was not illegal as the crime carried a maximum sentence of twenty-five years, Miss. Code Ann. § 97-17-23. Defendant was well aware of the sentence the trial court would impose upon him as a result of his guilty plea.
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| Minchew v. State, NO. 2006-CP-00485-COA,
COURT OF APPEALS OF MISSISSIPPI, April 24, 2007, Decided
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Overview: Appellate court lacked jurisdiction to hear the denial of a motion for post-conviction relief because an inmate did not file a notice of appeal within 30 days, as required by Miss. R. App. P. 4(a); it declined to suspend the requirement under Miss. R. App. P. 2(c) because the inmate did not try to reopen the time for appeal or seek an extension.
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| Miss. Dep't of Empl. Sec. v. Pruduct Connections, LLC, NO. 2006-CC-00078-COA,
COURT OF APPEALS OF MISSISSIPPI, April 24, 2007, Decided
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Overview: Under Miss. Code Ann. § 71-5-11(J)(14) and the applicable factors, a worker doing product demonstrations was not an employee of a company where the company provided no tools, materials, or supplies, the worker was paid by a manufacturer or retailer, and the information relating to the job was provided by the manufacturer.
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| Potts v. State, NO. 2005-KA-01066-COA,
COURT OF APPEALS OF MISSISSIPPI, April 24, 2007, Decided
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Overview: Defendant's motion for a directed verdict was denied in a case involving a failure to register as a sex offender under Miss. Code Ann. § 45-33-25 because the State proved that he was a resident of Mississippi where a friend testified that defendant had lived beside of him for 6 to 9 months, and he saw defendant on a regular basis.
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| Sellars v. State, NO. 2006-CP-00812-COA,
COURT OF APPEALS OF MISSISSIPPI, April 24, 2007, Decided
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Overview: Where appellant pled guilty to the manufacture of methamphetamine, he was sentenced to twenty-two years as permitted by Miss. Code Ann. § 41-29-139(b)(1). The post-conviction court found that the sentence was not disproportionate to the crime and correctly dismissed his petition without a hearing.
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| Wilder v. Bd. of Trs. of the Hazlehurst City Sch. Dist., NO. 2006-CC-00048-COA,
COURT OF APPEALS OF MISSISSIPPI, April 24, 2007, Decided
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Overview: Dismissal of a superintendent under Miss. Code Ann. § 37-9-59 was upheld under Miss. Code Ann. § 37-9-113 because it was not arbitrary and capricious since the grounds cited showed that problems existed at all levels, the decision was supported by substantial evidence since he was aware of the problems, and there was no personal stake or animosity.
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