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| Hodges v. Madison County Med. Ctr., NO. 2005-CA-00532-COA,
COURT OF APPEALS OF MISSISSIPPI, May 16, 2006, Decided
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Overview: Summary judgment was properly awarded to a county medical center in plaintiff's negligence action where medical center was immune from liability under the Mississippi Torts Claim Act, Miss. Code Ann. § 11-46-9(1)(v). There was no evidence that the medical center caused the dangerous condition of a chair-bed that collapsed when plaintiff sat on it.
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| Jones v. State, NO. 2005-CP-00196-COA,
COURT OF APPEALS OF MISSISSIPPI, May 16, 2006, Decided
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Overview: Appellant's conviction for two counts of sexual battery was upheld because while he claimed that his guilty plea was involuntary, he did not provide appellate court with a transcript of the plea hearing. To support his claim that he was coerced into pleading guilty, appellant attached a purported "affidavit" from his mother, which was unwitnessed.
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| King v. King, NO. 2004-CA-02334-COA,
COURT OF APPEALS OF MISSISSIPPI, May 16, 2006, Decided
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Overview: The giving of possession of the family property and personal property to the mother was appropriate where it was clear that the chancellor looked at many factors in making an equitable distribution. Also, no case was cited holding that adult children should have been taken into account when determining an equitable distribution of marital property.
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| King v. State, NO. 2005-CP-00892-COA,
COURT OF APPEALS OF MISSISSIPPI, May 16, 2006, Decided
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Overview: Because defendant did not receive a suspended sentence, his sentence was not illegal, and therefore his petition for postconviction relief was properly dismissed as untimely, as it was not filed until March 2005. Under Miss. Code Ann. § 99-39-5(2), defendant only had until June 5, 2003 to file his motion for postconviction relief.
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| McBride Consulting Serv., LLC v. Waste Mgmt. of Miss., Inc., NO. 2003-CA-02805-COA,
COURT OF APPEALS OF MISSISSIPPI, May 16, 2006, Decided
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Overview: Directed verdict in favor of waste management companies was appropriate where consultants did not provide proof of some improper action by the companies. Both the consultants and companies were very aggressive in the pursuit of business, and were playing hardball, but that was not illegal.
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| McKenzie v. State, NO. 2005-CP-01077-COA,
COURT OF APPEALS OF MISSISSIPPI, May 16, 2006, Decided
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Overview: Appellant's second petition for postconviction relief after he pled guilty to statutory rape was properly denied because there was no merit to his calculation of victim's age from time of conception rather than from time of birth. Neither statute nor caselaw involving the use of birth certificates to determine age contained a nine-month adjustment.
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| Miss. Dep't of Corr. v. Scott, NO. 2005-CC-00427-COA,
COURT OF APPEALS OF MISSISSIPPI, May 16, 2006, Decided
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Overview: A trial court erred in overturning the denial of unemployment benefits to a corrections employee who was terminated where the employee admitted to distributing bootleg copies of DVDs to coworkers while at work, in violation of Miss. Code Ann. § 47-5-49 (Rev. 2004). She also admitted knowing that distributing bootleg copies of DVDs was illegal.
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| Miss. State Bd. of Funeral Servs. v. Coleman, NO. 2004-SA-02280-COA,
COURT OF APPEALS OF MISSISSIPPI, May 16, 2006, Decided
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Overview: Court erred in overturning board's denial of application for funeral service license where applicant stated that he planned to do his training in Mississippi, as required by Miss. Code Ann. § 73-11-51(4)(d), but actually worked in Tennessee. Evidence was sufficient to establish applicant's unprofessional conduct, as defined in § 73-11-57(1)(n)(v).
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| Parker v. Horace Mann Life Ins. Co., NO. 2004-CA-02292-COA,
COURT OF APPEALS OF MISSISSIPPI, May 16, 2006, Decided
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Overview: Plaintiffs' claim for fraud was barred by the statute of limitations in Miss Code Ann. § 15-1-49 because the policies that plaintiffs bought from an insurance company explained the terms, and thus, nothing prevented plaintiffs from discovering the terms of the policy even if they were different from what the company and its agent represented.
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| Peebles v. Winston County, NO. 2004-CA-02195-COA,
COURT OF APPEALS OF MISSISSIPPI, May 16, 2006, Decided
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Overview: A directed verdict in favor of the sheriff and county in the family's action alleging reckless disregard by the deputy sheriff was proper pursuant to Miss. Code Ann. § 11-46-9(1)(c) where the deputy's actions, at most, constituted negligence. He was traveling no more than five miles over the speed limit, and he had on his flashers and siren.
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