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| Carr v. State, NO. 2005-KA-01301-COA,
COURT OF APPEALS OF MISSISSIPPI, May 8, 2007, Decided
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Overview: Defendant's speedy trial rights under Miss. Const. art. 3, § 26 and the Sixth Amendment were not violated, despite a 28-month delay between arrest and trial, because the delay was the fault of both sides due to scientific testing and counsel changes, defendant did not assert his right to a speedy trial, and no prejudice to the defense was shown.
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| Cross v. State, NO. 2006-CA-00426-COA,
COURT OF APPEALS OF MISSISSIPPI, May 8, 2007, Decided
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Overview: An evidentiary hearing was not required under Miss. Code Ann. §§ 99-39-11, 99-39-23(7) in a post-conviction relief case because an inmate failed to show that her guilty plea was involuntary; a depression issue was procedurally barred, the trial court addressed all necessary factors, and any confusion was resolved before the plea was entered.
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| Davis v. Christian Bhd. Homes of Jackson, Miss., Inc., NO. 2005-CA-01743-COA,
COURT OF APPEALS OF MISSISSIPPI, May 8, 2007, Decided
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Overview: Mother failed to show that the apartment complex's failure to provide security proximately caused her son's shooting death because she presented no evidence establishing that shooter would have been prevented access by security guards or gated keypad entrance as shooter and the son were seen socializing together peacefully prior to the shooting.
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| Everman's Elec. Co. v. Evan Johnson & Sons Constr., Inc., NO. 2005-CA-01544-COA,
COURT OF APPEALS OF MISSISSIPPI, May 8, 2007, Decided
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Overview: A grant of summary judgment in favor of a contractor in an action brought by an appellant contractor for damages arising out of work performed at a construction project was improper because appellant agreed that its acceptance of final payment would act as a release of claims against the owner; there was no agreement to release other contractors.
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| Gallegos v. Mid-South Mortg. & Inv., Inc., NO. 2005-CA-01521-COA,
COURT OF APPEALS OF MISSISSIPPI, May 8, 2007, Decided
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Overview: In an action alleging fraud, misrepresentation, and conspiracy relating to property foreclosure, a dismissal under Miss. R. Civ. P. 41(b) was proper because the former owners of such were unable to meet their burden of proof; there was no common plan to show conspiracy, and no false statements were made to obtain a signature on a promissory note.
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| Gladney v. State, NO. 2006-CA-00631-COA,
COURT OF APPEALS OF MISSISSIPPI, May 8, 2007, Decided
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Overview: Defendant's admission to accomplishing what State intended to prove at trial was a sufficient factual basis for trial court to accept his guilty plea for crime of armed robbery, Miss. Code Ann. § 97-3-79. Also, his sentence to a 30 year term of imprisonment was what he expected and did not exceed statutory maximum in § 97-3-79; thus, it was legal.
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| Hope v. State, NO. 2005-KA-00981-COA,
COURT OF APPEALS OF MISSISSIPPI, May 8, 2007, Decided
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Overview: Defendant's conviction and sentence for two counts of armed robbery were both appropriate because, even if defendant's trial counsel's performance was deficient, the appellate court found no prejudice that was sufficient to satisfy Strickland's second prong.
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| Kingston v. Splash Pools of Miss., Inc., NO. 2005-CA-02257-COA,
COURT OF APPEALS OF MISSISSIPPI, May 8, 2007, Decided
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Overview: A personal injury was dismissed where an invitee failed to show good cause under Miss. R. Civ. P. 4(h) for a failure to serve in 120 days; although a motion to enlarge time for service was not required, it would have supported the good cause allegation. Moreover, statements from the invitee's attorney regarding service attempts was not enough.
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| Murrell v. State, NO. 2006-KA-00120-COA,
COURT OF APPEALS OF MISSISSIPPI, May 8, 2007, Decided
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Overview: Defendant was convicted of manslaughter. Trial court did not err in instructing jury regarding active participation because, pursuant to Miss. Code Ann. § 97-1-3, the trial court explained that when a person had knowledge that another person intended to kill and took an active part in the killing, then he became an active participant.
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| Nelson v. Baptist Mem. Hosp. - N. Miss., Inc., NO. 2005-CA-02058-COA,
COURT OF APPEALS OF MISSISSIPPI, May 8, 2007, Decided
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Overview: A successor judge erred in a wrongful death case arising from medical malpractice when he vacated an order allowing for an extension of time for service under Miss. R. Civ. P. 6(b) because a showing of good cause was not required since the motion was granted prior to the expiration of the 120-day time limit in Miss. R. Civ. P. 4(h).
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