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| Bellemere v. Geico Gen. Ins. Co., NO. 2005-CA-00472-COA,
COURT OF APPEALS OF MISSISSIPPI, May 15, 2007, Decided
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Overview: A directed verdict was properly entered for an insurer in a tortious breach of contract case arising from a failure to pay an insured since the insurer's conduct in delaying payment did not rise to the level of that required for punitive damages; however, Fla. Stat. § 624.155 did not limit the insured's causes of action to those enumerated therein.
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| Brown v. Pontotoc County Sch. Dist. (In re Doe), NO. 2005-CA-01749-COA,
COURT OF APPEALS OF MISSISSIPPI, May 15, 2007, Decided
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Overview: Judgment was properly entered for a school district in a case alleging negligence per se and other causes of action because, inter alia, an unsubstantiated rumor of an inappropriate relationship between a teacher and a student, without more, was insufficient to trigger a reporting duty under Miss. Code Ann. § 97-5-24.
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| Dismuke v. State, NO. 2006-KA-00146-COA,
COURT OF APPEALS OF MISSISSIPPI, May 15, 2007, Decided
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Overview: In a grand larceny case, a motion for a judgment notwithstanding the verdict or a new trial were properly denied because the evidence showed that defendant, and not a young child, stole a computer from a retail store; defendant placed it in the cart, he signalled the child to leave the store, and he fled when loss prevention attempted to stop him.
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| Dora v. State, NO. 2005-KP-00487-COA,
COURT OF APPEALS OF MISSISSIPPI, May 15, 2007, Decided
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Overview: Prosecutor's comments that only person who could dispute testimony was defendant and he failed to testify were impermissible as they violated his right to remain silent under Miss. Const. art. III, § 26 and Fifth Amendment and his right not have the prosecution comment on that right. Thus, defendant's motion for a mistrial was improperly denied.
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| Howard v. Public Emples. Ret. Sys., NO. 2005-CC-02186-COA,
COURT OF APPEALS OF MISSISSIPPI, May 15, 2007, Decided
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Overview: A denial of benefits under Miss. Code Ann. § 25-11-113(1)(a) was improper in a case where a disability claimant had been diagnosed with fibromyalgia and found unable to work; this did not amount to merely subjective medical evidence where no doctor disputed the diagnosis, and the claimant had been found to be disabled by the SSA.
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| Johnson v. State, NO. 2005-KA-01913-COA,
COURT OF APPEALS OF MISSISSIPPI, May 15, 2007, Decided
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Overview: Evidence was sufficient to support an accomplice jury instruction and defendant's conviction of capital murder as a principal under Miss. Code Ann. § 97-1-3 because (1) first witness testified that he confessed to robbery and murder and that she overheard the planning of the crime; and (2) second witness testified about defendant's bloody clothes.
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| Larue v. Larue, NO. 2004-CA-02453-COA,
COURT OF APPEALS OF MISSISSIPPI, May 15, 2007, Decided
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Overview: In a divorce case, a chancery court did not err by finding that mineral interests given to a former wife by her former husband were separate property of the wife since they were the separate property of the husband at the time of the gift; moreover, the husband intended them to be the wife's separate property since he titled them in her name alone.
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| Mason v. State, NO. 2006-KA-00052-COA,
COURT OF APPEALS OF MISSISSIPPI, May 15, 2007, Decided
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Overview: Evidence that a child victim had allegedly caused injuries to his own rectum by sticking objects there was properly excluded in a sexual battery case because it was irrelevant under Miss. R. Evid. 401 and highly prejudicial under Miss. R. Evid. 403; it was a collateral issue that was too remote in time to rebut the charges.
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| Milligan v. Milligan, NO. 2005-CA-01413-COA,
COURT OF APPEALS OF MISSISSIPPI, May 15, 2007, Decided
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Overview: An involuntary dismissal under Miss. R. Civ. P. 41(b) was properly entered in a dispute over a family business because a purported owner failed to establish a prima facie case that he was entitled to one-half of the business; therefore, it was unnecessary to determine the legal status of the business at the time of a father's death.
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| Public Emples. Ret. Sys. v. McClure, NO. 2005-CC-02189-COA,
COURT OF APPEALS OF MISSISSIPPI, May 15, 2007, Decided
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Overview: Disability retirement benefits under Miss. Code Ann. § 25-11-113(a) were improperly denied to a benefits claimant because a finding that her diabetes and hypertension would have improved through treatment by a hypertension expert was not supported by substantial evidence, and nothing contradicted a statement from the claimant's doctor.
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