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| Barnes v. State, NO. 2006-CP-00416-COA,
COURT OF APPEALS OF MISSISSIPPI, May 1, 2007, Decided
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Overview: Denial of appellant's second motion for post-conviction relief as prohibited successive writ was upheld under Miss. Code Ann. § 99-39-27(9), because appellant's claimed newly discovered evidence, related to grand jury proceedings, was easily discoverable at time of trial. The second motion was also time-barred under Miss. Code Ann. § 99-39-5(2).
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| Bester ex rel. Bester v. Clark, NO. 2006-CA-00168-COA,
COURT OF APPEALS OF MISSISSIPPI, May 1, 2007, Decided
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Overview: A grant of summary judgment in favor of a sole proprietor in minors' action for defamation, false imprisonment, infliction of emotional distress, and negligent supervision was proper because nothing suggested that an employee did not have a reasonable basis stating that he thought the minors had taken the money.
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| C.A.M.F. v. J.B.M., NO. 2005-CA-02227-COA,
COURT OF APPEALS OF MISSISSIPPI, May 1, 2007, Decided
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Overview: In a custody case, the changing of physical and legal custody of the parties' son from the mother to the father was proper because nude photographs of the son and other questionable conduct by the mother's new husband constituted a substantial and material change in circumstances that warranted a change in custody to the father.
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| Carroll v. Carroll, NO. 2005-CA-01770-COA,
COURT OF APPEALS OF MISSISSIPPI, May 1, 2007, Decided
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Overview: Neither bench opinion nor final decree granting a divorce indicated whether an analysis of the factors for granting alimony was made. Also, it was impossible to see why ex-wife would need $ 4,000 per month in periodic alimony. Because no analysis was made of whether periodic or rehabilitative alimony was needed, case was remanded to chancery court.
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| Carter v. State, NO. 2005-KA-01623-COA,
COURT OF APPEALS OF MISSISSIPPI, May 1, 2007, Decided
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Overview: In a case where the identity of two alleged armed robbery victims was not placed into evidence, there was insufficient evidence to support convictions under Miss. Code Ann. § 97-3-73 since identity was an essential element of the crime.
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| Council v. State, NO. 2006-KA-00403-COA,
COURT OF APPEALS OF MISSISSIPPI, May 1, 2007, Decided
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Overview: Defendant's conviction for murdering the victim by deliberate design under Miss. Code Ann. § 97-3-19(1)(a) was proper because the exclusion of various jurors were for acceptable race-neutral reasons, such as a reluctance to serve and the fact that another juror had already formed an opinion about the case.
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| Denton v. State, NO. 2006-CP-00094-COA,
COURT OF APPEALS OF MISSISSIPPI, May 1, 2007, Decided
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Overview: Motion for post-conviction relief was summarily dismissed since an inmate was unable to show that his sentences for burglary and aggravated assault, which were within the ranges in Miss. Code Ann. §§ 97-17-23, 97-3-7, were grossly disproportionate; he could have received 45 years if the maximum terms had been run consecutively.
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| Goodin v. State, NO. 2006-KA-00756-COA,
COURT OF APPEALS OF MISSISSIPPI, May 1, 2007, Decided
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Overview: Evidence was sufficient to convict defendant of rape as (1) victim testified that he was between her legs and inside of her; (2) she was unable to get away from him when he was on top of her; (3) he would not stop when she told him to; (4) she did not scream because she was scared; and (5) two witnesses testified that he "messed with" the victim.
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| Horne v. Parker (In re Estate of Hood), NO. 2005-CA-00964-COA,
COURT OF APPEALS OF MISSISSIPPI, May 1, 2007, Decided
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Overview: The denial of an administratrix's petition to set aside a conveyance made from the decedent to a husband and wife was proper because the evidence demonstrated that the decedent sought preparation of the deed and there was substantial credible evidence that the husband and wife exhibited good faith in the transaction.
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| Kendrix v. Huckaby, NO. 2006-CA-00098-COA,
COURT OF APPEALS OF MISSISSIPPI, May 1, 2007, Decided
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Overview: In a breach of contract case, a chancellor did not err by refusing to grant a new trial under Miss. R. Civ. P. 59(a)(2) because the decision was supported by the weight of the evidence where a renter testified that he failed to maintain insurance on property, as agreed upon by the parties to a rental contract.
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