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   State Courts - Mississippi - April 25, 2006

  
Makamson v. Makamson, NO. 2005-CA-00429-COA, COURT OF APPEALS OF MISSISSIPPI, April 25, 2006, Decided
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Overview: Order increasing husband's alimony obligation from $ 1,700 to $ 2,700 per month 12 years after final decree was entered was upheld because when original property settlement agreement was reviewed, there was no mention of wife's health condition or agreement addressing her future medical needs. There was no anticipation of wife's health care needs.

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McClain v. State, NO. 2005-KA-00390-COA, COURT OF APPEALS OF MISSISSIPPI, April 25, 2006, Decided
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Overview: An appellate court upheld defendant's burglary conviction and sentence where defense counsel had filed a brief stating that it was his opinion that there were no arguable issues supporting the appeal. The court, after reviewing the record, the clerk's papers, and the exhibits, found no arguable issues on the merits of the case.

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Ponder v. Ponder, NO. 2005-CA-00354-COA, COURT OF APPEALS OF MISSISSIPPI, April 25, 2006, Decided
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Overview: An order denying a father's motion for modification of child custody was upheld where the father failed to show a material change in circumstances to warrant a change in custody. Although chancellor did not include a summary of the guardian ad litem's qualifications in his opinion, that alone was not grounds for reversing the chancellor's decision.

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Walls v. State, NO. 2004-KA-01494-COA, COURT OF APPEALS OF MISSISSIPPI, April 25, 2006, Decided
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Overview: Defendant's conviction for sexual battery was appropriate where an officer's testimony was admissible under Miss. R. Evid. 701 because the State was not asking an officer to give an opinion that would have required any sort of experience or expertise; the officer was merely asked to testify as to his observation of defendant at the hospital.

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Watts v. Horace Mann Life Ins. Co., NO. 2005-CA-00253-COA, COURT OF APPEALS OF MISSISSIPPI, April 25, 2006, Decided
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Overview: Appellate court affirmed the grant of summary judgment in favor of an insurer on an insured's claim for misrepresentation as the last policy was purchased in 1993, and the insured did not bring her action until 2004; thus, the claims were barred by the statute of limitations in Miss. Code Ann. § 15-1-49.

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Zinn v. City of Ocean Springs, NO. 2005-CA-00347-COA, COURT OF APPEALS OF MISSISSIPPI, April 25, 2006, Decided
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Overview: Appellate court held that a city had probable cause to issue a search warrant to search an individual's home because the individual had allowed an animal control officer in to inspect the home, and the officer's affidavit based on the conditions in the home gave the city probable cause to search the home and seize the individual's cats.

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