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| Keys v. State, NO. 2006-KA-00138-COA,
COURT OF APPEALS OF MISSISSIPPI, May 1, 2007, Decided
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Overview: Evidence was legally sufficient to convict defendant of simple assault on a law enforcement officer under Miss. Code Ann. § 97-3-7(1) as (1) deputy encountered him during traffic stop, which was within scope of deputy's duty; and (2) strike to deputy's temple had to be intentional as defendant had to extend his elbow behind his back to hit deputy.
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| Lackie v. State, NO. 2005-KA-01838-COA,
COURT OF APPEALS OF MISSISSIPPI, May 1, 2007, Decided
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Overview: A conviction for aggravated assault under Miss. Code Ann. § 97-3-7(2)(b) was supported by the sufficiency of the evidence because witnesses testified that defendant was an aggressor in a drunken fight, he was the only person with a knife, and he was involved voluntarily.
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| Mayfield v. Mayfield, NO. 2005-CA-01576-COA,
COURT OF APPEALS OF MISSISSIPPI, May 1, 2007, Decided
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Overview: Court properly granted custody to a husband, Miss. Code Ann. § 93-11-65, because he had a more stable employment history, the wife disregarded court orders, she cohabited with her fiance who had issues with domestic abuse of his wives and children, and the fiance was accused of corporal punishment of the wife's children, resulting in bruises.
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| Mayor & Bd. of Aldermen v. Estate of Lewis, NO. 2005-CC-00361-COA,
COURT OF APPEALS OF MISSISSIPPI, May 1, 2007, Decided
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Overview: A petition for rezoning from single-family residential to restricted commercial was properly denied where an applicant was unable to show a substantial change in the character of a neighborhood where only two lots had been rezoned; moreover, there was no public need for such since there were vacant commercial lots available in the vicinity.
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| McCain v. State, NO. 2005-KA-01892-COA,
COURT OF APPEALS OF MISSISSIPPI, May 1, 2007, Decided
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Overview: Defendant's conviction for murder in violation of Miss. Code Ann. § 97-3-19(1)(a) was proper because the record did not demonstrate that defendant was refused an opportunity to present a defense that included testimony on his own behalf.
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| Miles v. State, NO. 2006-KA-00723-COA,
COURT OF APPEALS OF MISSISSIPPI, May 1, 2007, Decided
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Overview: Where defendant admitted to firing a shot while near or at a victim's front door, witnesses saw him at the scene, he threatened to shoot everyone inside the residence, and there were no bullet holes there earlier in the day, there was sufficient evidence to support a conviction under Miss. Code Ann. § 97-37-29.
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| Moeller v. Miss. Dep't of Human Servs., NO. 2006-CC-00073-COA,
COURT OF APPEALS OF MISSISSIPPI, May 1, 2007, Decided
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Overview: Because an employee out on temporary total disability for a work-related injury was not on a leave of absence, a termination based on Miss. Code Ann. § 25-3-93(2) was not supported by substantial evidence; moreover, an employer provided no written policy relating to terminating employees who had been absent for more than one year.
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| Nichols v. State, NO. 2006-CA-00111-COA,
COURT OF APPEALS OF MISSISSIPPI, May 1, 2007, Decided
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Overview: Motion for post-conviction relief was properly denied in a case where an inmate contended that a plea was involuntarily given due to diminished mental capacity; the inmate stated that he understood the charges against him and the consequences of a plea under Miss. Unif. Cir. & Cty. R. 8.04(A)(4)(b).
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| Otts v. Lynn, NO. 2005-CA-01876-COA,
COURT OF APPEALS OF MISSISSIPPI, May 1, 2007, Decided
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Overview: A finding in favor of the business owner in the husband's and wife's action after the husband was shot by his sister on the business owner's property was appropriate under theories of premises liability because there was nothing to indicate that the business owner received a mutual benefit from the husband.
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| Poynor v. State, NO. 2005-KA-01919-COA,
COURT OF APPEALS OF MISSISSIPPI, May 1, 2007, Decided
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Overview: State's expert witness did not make improper generalizations about child abuse victims; rather, the expert's testimony focused on the results of her physical examination of the first victim, instead of child sexual abuse profiles. Thus, the trial court did not abuse its discretion in allowing the expert's testimony pursuant to Miss. R. Evid. 702.
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