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| Savell v. State, NO. 2004-KA-01953-COA,
COURT OF APPEALS OF MISSISSIPPI, May 9, 2006, Decided
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Overview: Defendant's murder conviction was proper where a reasonable person in defendant's position would not have felt that his freedom of movement was restrained anywhere near the degree associated with a formal arrest. This Miranda warnings were not necessary and he failed to meet his burden to overrule his motion to suppress.
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| Sims v. State, NO. 2004-KA-02106-COA,
COURT OF APPEALS OF MISSISSIPPI, May 9, 2006, Decided
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Overview: Sentences of 30 years and 20 years for drive-by shooting and aggravated assault convictions were not disproportionate to defendant's crimes as 1) he fired a 12 gauge shotgun at victim while both men were driving, jeopardizing himself, the victim, and any other persons on the road that night; and 2) the victim suffered a grievous injury to his face.
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| Spencer v. State, NO. 2004-KA-02469-COA,
COURT OF APPEALS OF MISSISSIPPI, May 9, 2006, Decided
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Overview: Sufficient evidence existed to convict defendant of Miss. Code Ann. § 97-37-5(1) as the victim testified that he saw defendant come toward him with a gun in his hand.
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| Stewart v. State, NO. 2005-KA-00533-COA,
COURT OF APPEALS OF MISSISSIPPI, May 9, 2006, Decided
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Overview: Although defendant argued that the circuit court erred in prohibiting him from calling two witnesses to testify, defendant failed to preserve issue for appellate review because he failed to proffer what would have been the testimony of one or both of the witnesses as required by Miss. R. Evid. 103(a)(2).
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| Treadwell v. Circus Circus Miss, Inc., NO. 2005-CA-00711-COA,
COURT OF APPEALS OF MISSISSIPPI, May 9, 2006, Decided
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Overview: Where a casino patron slipped and fell after eating in the buffet, the patron testified that she did not see anything on the floor. The trial court properly granted summary judgment for the casino on her claim for premises liability. There was no evidence that any dangerous condition existed.
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| Watkins v. Watkins, NO. 2005-CA-00257-COA,
COURT OF APPEALS OF MISSISSIPPI, May 9, 2006, Decided
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Overview: Appellate court did not consider a husband's claims about rulings made in prior order of contempt as he did not appeal that order within 30 days of it being issued as required by Miss. R. App. P. 4(a); thus, the appellate court had no jurisdiction to hear the husband's claims.
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| Wright v. State, NO. 2005-CP-00744-COA,
COURT OF APPEALS OF MISSISSIPPI, May 9, 2006, Decided
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Overview: Appellant could not use the Mississippi Uniform Post-Conviction Collateral Relief Act to collaterally attack his burglary convictions because he had already served the sentence from which he sought relief.
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