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| Adams v. State, NO. 2004-KA-01486-COA,
COURT OF APPEALS OF MISSISSIPPI, May 9, 2006, Decided
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Overview: Defendant's conviction for manslaughter was proper where his change-of-venue argument under Miss. Code Ann. § 99-15-35 was correctly denied because no affidavits were offered in support of the motion and defendant provided no case law supporting his argument that the employment of the victim's twin as a deputy clerk required a change of venue.
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| Alexander v. Taylor, NO. 2005-CA-00680-COA,
COURT OF APPEALS OF MISSISSIPPI, May 9, 2006, Decided
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Overview: Tax sale purchasers' entire suit against chancery clerk for failing to reimburse them for subsequent year taxes paid was not governed by Mississippi Torts Claims Act because they raised claims for damages and recovery of land, which were not tort claims, but the other claims were also time-barred under the applicable 3-year statute of limitations.
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| Bean v. State, NO. 2005-CP-00805-COA,
COURT OF APPEALS OF MISSISSIPPI, May 9, 2006, Decided
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Overview: Although appellant argued that his guilty plea to grand larceny and sale of cocaine was not voluntarily and intelligently entered because he was in jail when the crimes charged were committed, there was nothing in the record to support his allegation that he was in jail when the crimes occurred.
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| Bell v. State, NO. 2004-KA-00513-COA,
COURT OF APPEALS OF MISSISSIPPI, May 9, 2006, Decided
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Overview: Defendant never had the opportunity to cross-examine his daughters, who were unavailable to testify, Miss. R. Evid. 804(a)(6). Under the Sixth Amendment, officers' hearsay testimony regarding the daughters' statements violated defendant's constitutional right to confront the witnesses against him. Thus, defendant's murder conviction was reversed.
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| Carter v. State, NO. 2004-KA-01361-COA,
COURT OF APPEALS OF MISSISSIPPI, May 9, 2006, Decided
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Overview: Defendant's conviction for carrying a concealed weapon as a convicted felon in violation of Miss. Code Ann. § 97-37-5 was appropriate where the evidence demonstrated that he had previously pled guilty to burglary, and witnesses testified that he brandished a gun that was partially concealed in a shoe box during the robbery.
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| Huggins v. State, NO. 2005-CP-01052-COA,
COURT OF APPEALS OF MISSISSIPPI, May 9, 2006, Decided
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Overview: Trial court did not err in dismissing appellant's postconviction motion as frivolous and ordering that 60 days of accrued earned time by appellant be forfeited pursuant to Miss. Code Ann. § 47-5-138 (Rev. 2004) where appellant's motion was a plea to release him because he was needed at home to care for an ill mother and to be a husband and father.
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| Jackson v. State, NO. 2004-KA-00784-COA,
COURT OF APPEALS OF MISSISSIPPI, May 9, 2006, Decided
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Overview: Defendant's sentence following his conviction for possession of more than 30 grams of cocaine with the intent to distribute was not excessive as Miss. Code Ann. § 41-29-142 authorized the 30-year sentence in Miss. Code Ann. § 41-29-139 to be doubled where the sale occurred within 1500 feet of a church.
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| Jenkins v. Terry Invs., LLC, NO. 2004-CP-01939-COA,
COURT OF APPEALS OF MISSISSIPPI, May 9, 2006, Decided
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Overview: Appellate court held that the trial court erred by allowing the individual to reopen the boundary line determination from the 1994 action pursuant to Miss. R. Civ. P. 60 as it was barred by res judicata, but the error was harmless because the trial court affirmed the 1994 boundary line determination.
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| Long v. Long, NO. 2004-CA-01355-COA,
COURT OF APPEALS OF MISSISSIPPI, May 9, 2006, Decided
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Overview: In distributing property in a divorce proceeding, a chancellor erred in failing to enforce the parties' antenuptial agreement where it was clear that the parties intended for the wife's home and retirement account to remain her separate property. They also intended that the husband's home and business would remain his separate property.
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| Powell v. State, NO. 2004-KA-01790-COA,
COURT OF APPEALS OF MISSISSIPPI, May 9, 2006, Decided
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Overview: Appellate court held that a trial court did not err by denying a mistrial even though a juror had been talking on a cell phone during deliberations as there was no evidence as to which juror had made the call or what the call was about; the trial court would not set aside the verdict on mere speculation that juror misconduct had occurred.
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