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| Alexander v. State, NO. 2005-KA-00813-COA,
COURT OF APPEALS OF MISSISSIPPI, April 25, 2006, Decided
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Overview: Trial court did not abuse its discretion in ordering defendant to be placed in leg restraints during his trial where jail administrator testified to judge that defendant never got along with other inmates, had to be isolated and placed in individual cell, and engaged in fights with other inmates; there was evidence that defendant posed flight risk.
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| Burnett v. State, NO. 2004-CP-02389-COA,
COURT OF APPEALS OF MISSISSIPPI, April 25, 2006, Decided
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Overview: Trial court properly dismissed appellant's third postconviction motion as a successive writ pursuant to Miss. Code Ann. § 99-39-23(6) where he did not cite any intervening decisions of United States Supreme Court or Mississippi Supreme Court that affected in any way his conviction or sentence. No exception to the successive writ bar applied to him.
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| Coffey v. State, NO. 2005-KA-00712-COA,
COURT OF APPEALS OF MISSISSIPPI, April 25, 2006, Decided
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Overview: Evidence was sufficient to sustain a conviction for possession of a firearm by a felon where a witness testified that she exchanged stolen guns with defendant for cocaine, and an officer found one of the stolen pistols under the bed in a room that had been defendant's prior to his incarceration on a previous conviction.
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| Culbert v. State, NO. 2005-CP-01107-COA,
COURT OF APPEALS OF MISSISSIPPI, April 25, 2006, Decided
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Overview: Appellant's second petition for postconviction relief was properly denied, where it was a successive petition that was barred pursuant to Miss. Code Ann. § 99-39-23(6). All the facts and issues raised by appellant were available to him at the time of his first motion for postconviction relief.
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| Edmonds v. State, NO. 2004-KA-02081-COA,
COURT OF APPEALS OF MISSISSIPPI, April 25, 2006, Decided
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Overview: Thirteen-year-old defendant's confession was voluntary and intelligent and therefore his motion to suppress was properly dismissed because, inter alia, there was no merit to the argument that defendant's mother should have been present while he was being questioned about his involvement in the murder.
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| Freeman v. Univ. of Miss. Med. Ctr., NO. 2005-CA-00223-COA,
COURT OF APPEALS OF MISSISSIPPI, April 25, 2006, Decided
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Overview: Summary judgment was properly awarded to hospital in patient's medical negligence action where it was not unrealistic to expect that patient could have perceived his paralysis at the time when a nursing assistant allegedly rolled him on his side while she was changing bed linens; the action was time barred pursuant to Miss. Code Ann. § 11-46-11(3).
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| Garrett v. State, NO. 2004-KA-01855-COA,
COURT OF APPEALS OF MISSISSIPPI, April 25, 2006, Decided
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Overview: In an aggravated assault case, defendant asked a co-worker to talk to his ex-girlfriend. Co-worker's testimony was not offered to prove that defendant beat his ex-girlfriend in past, but rather to explain events that lead to co-worker being at her home when defendant attacked them. Thus, admitting the evidence did not violate Miss. R. Evid. 404(b).
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| Gray v. State, NO. 2004-KA-01915-COA consolidated with NO. 2004-M-00213-COA,
COURT OF APPEALS OF MISSISSIPPI, April 25, 2006, Decided
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Overview: Defendant's conviction for the possession of more than 30 grams of cocaine was proper where the prosecution's violation of Miss. Unif. Cir. & Cty. R. 9.04 was harmless error at the most because it was clear that no prejudice was suffered by defendant stemming from the violation.
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| January v. State, NO. 2004-KA-01707-COA,
COURT OF APPEALS OF MISSISSIPPI, April 25, 2006, Decided
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Overview: While court, pursuant to Miss. R. Evid. 403, should have balanced the probative value of police officer's testimony with the possibility that testimony would prejudice defense, evidence of defendant's guilt of burglary was overwhelming as he was spotted inside victim's truck and was discovered immediately thereafter hiding in a neighbor's carport.
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| Lattimer v. State, NO. 2004-KA-00806-COA,
COURT OF APPEALS OF MISSISSIPPI, April 25, 2006, Decided
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Overview: Defendant's convictions for two counts of sexual battery in violation of Miss. Code Ann. § 97-3-95 were appropriate where a deputy's testimony was admissible under Miss. R. Evid. 404(b) because that testimony concerned evidence of other alleged sexual relations between defendant and the victim in the current case.
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