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   State Courts - Mississippi - April 26, 2007

  
Franklin Collection Serv. v. Kyle, NO. 2005-IA-00988-SCT, SUPREME COURT OF MISSISSIPPI, April 26, 2007, Decided
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Overview: In collection agency's suit on open account against patient, trial court erred in denying collection agency's and medical services provider's motions for summary judgment on counterclaim of breach of patient-physician privilege because information that was attached to collection agency's complaint was not privileged under Miss. R. Evid. 503.

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Green v. Allendale Planting Co., NO. 2005-CA-02271-SCT, SUPREME COURT OF MISSISSIPPI, April 26, 2007, Decided
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Overview: A grant of summary judgment in favor of the employer and manufacturer in the employee's personal-injury action was proper because the employee needed no warning to understand the danger of coming into close proximity with the moving chains attached to a mule boy. He appreciated that it was a dangerous situation but did not turn off the machine.

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Hubbard v. Wansley, NO. 2005-CA-01055-SCT, SUPREME COURT OF MISSISSIPPI, April 26, 2007, Decided
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Overview: A grant of summary judgment in favor of the doctor in a medical malpractice action was proper under Miss. R. Evid. 702 because the trial court properly found that the patient's witness-doctor was not qualified to testify as to the standard of care of an internist. And, the alleged negligence of the doctor did not fall under the layman's exception.

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Lattimore v. State, NO. 2002-KA-01853-SCT, SUPREME COURT OF MISSISSIPPI, April 26, 2007, Decided
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Overview: Where police conducted a pre-trial identification without defense counsel present, the error was not fatal; defendant admitted to being at the murder scene. Counsel's failure to object to the in-court identification did not violate defendant's Sixth Amendment right to the effective assistance of counsel. Jury misconduct did not affect the verdict.

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MacDonald v. Miss. DOT, 2005-CT-00128-SCT, SUPREME COURT OF MISSISSIPPI, April 26, 2007, Decided
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Ross v. State, NO. 1998-DP-01038-SCT, SUPREME COURT OF MISSISSIPPI, April 26, 2007, Decided
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Overview: Capital murder conviction and death sentence were reversed, and defendant's case was remanded for a new trial, because he was denied a fair trial through independent and cumulative errors, which included ineffective assistance of counsel, erroneous evidentiary rulings, and prosecutorial misconduct, while most of evidence against him was indirect.

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