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| Ali v. State, NO. 2003-KA-01816-COA,
COURT OF APPEALS OF MISSISSIPPI, May 2, 2006, Decided
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Overview: Appellate court reversed defendant's conviction for felony DUI third offense because defendant was convicted in absentia and the State did not establish that defendant acted willfully, voluntarily, and deliberately to avoid trial by engaging in egregious actions.
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| City of Vicksburg v. Winters, NO. 2005-CC-00795-COA,
COURT OF APPEALS OF MISSISSIPPI, May 2, 2006, Decided
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Overview: Trial court erred in reversing the denial of unemployment benefits to city firefighter because, his conduct in striking an individual with a mop handle, after she had been hitting him with it, showed a disregard of the standard of behavior which the city had the right to expect and amounted to misconduct under Miss. Code Ann. § 71-5-513A(1)(c).
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| Davis v. Endevco, Inc., NO. 2005-CA-00719-COA,
COURT OF APPEALS OF MISSISSIPPI, May 2, 2006, Decided
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Overview: Summary judgment was properly granted in favor of a contractor in a passenger's negligence suit where, at the time of the accident, contractor owed no duty to the passenger to warn of a collapsed bridge; such a duty did not arise until the contractor began actual construction, and at the time of the accident, county was in control of the site.
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| Fisher v. Deer, NO. 2004-CA-01391-COA,
COURT OF APPEALS OF MISSISSIPPI, May 2, 2006, Decided
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Overview: In the motorist's personal injury action, the trial court committed reversible error by instructing jury on negligence where other driver and his employer had admitted liability, there had been a peremptory instruction on negligence, and the effect of the negligence instruction was to countermand the peremptory instruction and to confuse the jury.
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| Fulks v. State, NO. 2004-KA-01673-COA,
COURT OF APPEALS OF MISSISSIPPI, May 2, 2006, Decided
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Overview: When transcript of prior testimony of an unavailable witness - confidential informant (CI) died - reflected extensive cross-examination, former testimony was admissible under Miss. R. Evid. 804(b)(1). Thus, trial court did not abuse its discretion in allowing CI's testimony from first trial to be read into evidence during defendant's second trial.
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| Herron v. Herron, NO. 2005-CA-00332-COA,
COURT OF APPEALS OF MISSISSIPPI, May 2, 2006, Decided
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Overview: In divorce on ground of irreconcilable differences, court erred in ordering wife to pay to husband half of the $ 10,000 withdrawn from the parties' savings account. The court had found that the wife had withdrawn the money; however, clear and undisputed testimony from the husband in the record showed that he, not the wife, withdrew the $ 10,000.
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| McGee v. State, NO. 2004-KA-01283-COA,
COURT OF APPEALS OF MISSISSIPPI, May 2, 2006, Decided
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Overview: Defendant's right to a speedy trial under constitution and Miss. Code Ann. § 99-17-1 was not violated as, inter alia, 1) he could not agree to a series of continuances and then come to appellate court and argue that his speedy trial right had been denied; and 2) after he asserted his right to a speedy trial, a trial was promptly scheduled and held.
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| Millsap v. Miss. Parole Bd. , NO. 2005-CP-00956-COA,
COURT OF APPEALS OF MISSISSIPPI, May 2, 2006, Decided
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Overview: Circuit court was without power to place defendant on parole as Parole Board had exclusive power to grant parole. Pursuant to Miss. Code Ann. § 47-7-3(1)(d), defendant was only eligible for parole after serving twenty years of his forty-year sentence. Defendant's other arguments were barred as successive writ under Miss. Code Ann. § 99-39-27(9).
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| Miss. Empl. Sec. Comm'n v. Wesley, NO. 2005-CC-00728-COA,
COURT OF APPEALS OF MISSISSIPPI, May 2, 2006, Decided
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Overview: Appellate court reversed a decision by a circuit court and reinstated a decision by the Board of Review that held a claimant was not entitled to unemployment benefits because the claimant's continued tardiness constituted misconduct under Miss. Code Ann. § 71-5-531, and the claimant had been warned that her job was in jeopardy due to her tardiness.
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| Ory v. Ory, NO. 2004-CA-00545-COA,
COURT OF APPEALS OF MISSISSIPPI, May 2, 2006, Decided
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Overview: Husband failed to raise validity of divorce either by objection or post-trial motion; therefore, he waived issue on appeal. Land was characterized as nonmarital asset belonging to wife; however, proceeds from sale of mobile home should have been characterized as marital asset. Wife's personal injury award was commingled with marital assets.
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