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| Branch v. State, NO. 2004-DR-01086-SCT,
SUPREME COURT OF MISSISSIPPI, May 17, 2007, Decided
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Overview: An individual's petition for postconviction relief from a capital murder conviction and death sentence was denied where his mental retardation and ineffective assistance of trial counsel claims were barred by the res judicata doctrine and he failed to show that his appellate counsel had provided ineffective assistance.
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| Medical Assur. Co. v. Myers, NO. 2005-IA-01001-SCT,
SUPREME COURT OF MISSISSIPPI, May 17, 2007, Decided
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Overview: In a doctor's action against his medical malpractice insurer for nonrenewal of his policy, venue under Miss. Code Ann. § 11-11-3 was proper in the county where the insurer was located and where the decision not to renew occurred. Thus, trial court erred by transferring the case to a different county upon the doctor's motion to reconsider.
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| Miller v. State, NO. 2005-KA-00566-SCT,
SUPREME COURT OF MISSISSIPPI, May 17, 2007, Decided
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Overview: Defendant's right to a fair trial was denied in a manslaughter case because the testimony of two police officers should have been allowed under Miss. R. Evid. 404(a)(2); it was relevant to show prior incidents of abuse suffered at the hands of the victim since there was a jury issue as to whether the victim was the aggressor.
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| Oktibbeha County Hosp. v. Miss. State Dep't of Health, NO. 2006-SA-00358-SCT,
SUPREME COURT OF MISSISSIPPI, May 17, 2007, Decided
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Overview: Since Miss. Code Ann. § 41-7-191(16) was a clear mandate regarding the issuance of a certificate of need (CON) to certain parties, a hospital was unable to raise a challenge to such, and no hearing was required since all CON requirements had been waived.
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