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| Bailey v. State, NO. 2004-KA-01560-COA,
COURT OF APPEALS OF MISSISSIPPI, May 16, 2006, Decided
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Overview: Defendant was entitled to new murder trial where trial court erred by allowing witness's prior unsworn statement to be considered by the jury as substantive evidence; the witness admitted while testifying that his prior statement to police was inconsistent with his trial testimony, and statement did not meet Miss. R. Evid. 801(d)(1)(A)'s criteria.
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| Bradley v. McAllister, NO. 2004-CA-01657-COA,
COURT OF APPEALS OF MISSISSIPPI, May 16, 2006, Decided
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Overview: Summary judgment was granted to a police officer and a city in a personal injury case arising from an arrest because the evidence did not show that the officer acted with reckless disregard under Miss. Code Ann. § 11-46-9(1)(c); an arrestee only complained once that handcuffs were too tight, and there was no evidence of medical bills or lost wages.
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| Burch v. State, NO. 2005-CP-01131-COA,
COURT OF APPEALS OF MISSISSIPPI, May 16, 2006, Decided
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Overview: An inmate's petition for post-conviction was denied because he waived the right to challenge on the basis of speedy trial or a defect in the indictment under Miss. Const. art. VI, § 169 when he entered a guilty plea. Further, post-conviction proceedings were not the proper place for raising errors relating to jail credit.
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| Busby v. Mazzeo, NO. 2004-CA-00896-COA,
COURT OF APPEALS OF MISSISSIPPI, May 16, 2006, Decided
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Overview: Summary judgment was granted in a medical malpractice case because the wife of a decedent did not meet the burden of proof required; medical records and a letter from a physician did not show negligence through a failure to use ordinary skill and care. The evidence did not establish the proper standard of care or show the alleged violative acts.
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| Butler v. Upchurch Telcoms. & Alarms, Inc., NO. 2004-CA-02025-COA,
COURT OF APPEALS OF MISSISSIPPI, May 16, 2006, Decided
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Overview: Court erred in granting appellees' motion for summary judgment in husband and wife's personal injury action after the wife suffered an electrical shock while using a public address (PA) system because husband and wife contended that she was electrocuted by the PA system while appellees claimed that frayed fan cord was source of electrical current.
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| Carbin v. State, NO. 2005-CP-00819-COA,
COURT OF APPEALS OF MISSISSIPPI, May 16, 2006, Decided
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Overview: Defendant's post-conviction petition was dismissed where he waived his right to a jury trial and had no standing to claim his right to a jury trial was violated, and the issue was barred as a successive writ; defendant did not prove that his claims were not barred as successive writs, Miss. Code Ann. § 99-39-23(7).
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| Grubbs v. State, NO. 2004-KA-01870-COA,
COURT OF APPEALS OF MISSISSIPPI, May 16, 2006, Decided
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Overview: In aggravated assault with a weapon case, Miss. Code Ann. § 97-3-7(2)(b), trial court did not err in not instructing jury regarding the lesser-included offense of simple assault, Miss. Code Ann. § 97-3-7(1)(a), as 1) eyewitness stated that defendant stabbed victim; and 2) a reasonable juror would not believe that defendant thought knife was closed.
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| Henderson v. State, NO. 2004-KA-01329-COA,
COURT OF APPEALS OF MISSISSIPPI, May 16, 2006, Decided
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Overview: Appellate court affirmed defendant's sentence for 15 years after pleading guilty to manslaughter under Miss. Code Ann. § 97-3-47 because Miss. Code Ann. § 97-3-25 provided that the sentencing range was two to twenty years.
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| Hill v. State, NO. 2004-KA-02326-COA,
COURT OF APPEALS OF MISSISSIPPI, May 16, 2006, Decided
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Overview: The trial court properly refused to merge two counts of an indictment charging defendant with sexual battery where the two counts alleged that defendant committed two separate acts of penetration as defined in Miss. Code Ann. § 97-3-97(a).
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| Hinton v. State, NO. 2005-CP-01133-COA,
COURT OF APPEALS OF MISSISSIPPI, May 16, 2006, Decided
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Overview: An inmate's petition for post-conviction relief was denied because the denial of the possibility of parole for an armed robbery conviction came from Miss. Code Ann. § 47-7-3(1)(d)(ii), not from a trial judge. Moreover, ineffective assistance of counsel was not established.
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