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| Pittman v. State, NO. 2004-KA-02133-COA,
COURT OF APPEALS OF MISSISSIPPI, May 2, 2006, Decided
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Overview: Evidence was sufficient to convict defendant of murder because (1) an autopsy doctor stated that victim was stabbed repeatedly and had been run over; (2) two witnesses testified as to seeing victim and defendant together on the day prior to the murder; and (3) the State admitted DNA evidence that victim's blood was found on defendant's car bumper.
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| Stephens v. Kemco Foods, Inc., NO. 2003-CA-02528-COA,
COURT OF APPEALS OF MISSISSIPPI, May 2, 2006, Decided
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Overview: Trial court erred when it refused to permit a checking account holder to amend her pleadings under Miss. R. Civ. P. 15(b) to conform to evidence for malicious prosecution against store. Leave was to be granted liberally, as there was no prejudice to store, and malicious prosecution claim was intertwined with holder's defamation and slander claims.
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| Weathersby v. Citibank (South Dakota) N.A., NO. 2004-CP-001906-COA consolidated with NO. 2004-CP-002098-COA,
COURT OF APPEALS OF MISSISSIPPI, May 2, 2006, Decided
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Overview: Summary judgment was properly granted in favor of the creditor on its actions seeking recovery on delinquent credit card accounts against the husband and wife where, pursuant to the Fair Debt Collection Practices Act, 15 U.S.C.S. § 1692g(a), the couple were notified of their debt by the creditor, who also sufficiently verified the couple's debts.
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| Whitlock v. State, NO. 2004-KA-00239-COA,
COURT OF APPEALS OF MISSISSIPPI, May 2, 2006, Decided
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Overview: The prosecutor's statement during closing argument was permissible where the prosecutor was commenting upon the weight of the evidence rather than on defendant's failure to testify; it was permissible for a prosecutor to comment upon the weight and sufficiency of the evidence presented by the State.
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| Winters v. State, NO. 2003-KA-01779-COA,
COURT OF APPEALS OF MISSISSIPPI, May 2, 2006, Decided
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Overview: Trial court did not err in refusing to grant jury instruction as there was no evidence that instruction was refused. Pursuant to Miss. R. Evid. 613, witness testimony was offered to impeach witness and was not offered to prove truth of matter asserted. Defendant did not show that counsel's performance was so deficient as to constitute prejudice.
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