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| Addison v. State, NO. 2006-CP-00299-COA,
COURT OF APPEALS OF MISSISSIPPI, May 22, 2007, Decided
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Overview: Defendant's conviction and sentence were affirmed, in part, because defendant's assertions were procedurally barred when he did not present arguments on appeal. On the merits, defendant's sentence, which fell within the amount allowed under Mississippi law, was reasonable and defendant received effective assistance of counsel.
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| Busby v. State, NO. 2006-KA-00570-COA,
COURT OF APPEALS OF MISSISSIPPI, May 22, 2007, Decided
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Overview: Defendant, convicted of kidnapping in violation of Miss. Code Ann. § 97-3-53 (2006), was not entitled to jury instruction on domestic violence under Miss. Code Ann. § 97-3-7(3) (2006) as a lesser-included offense because the two crimes were independent with distinct elements. Elements of domestic violence were not among the elements of kidnapping.
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| Cougle v. State, NO. 2006-CP-00744-COA,
COURT OF APPEALS OF MISSISSIPPI, May 22, 2007, Decided
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Overview: The denial of appellant's petition for post-conviction relief was affirmed because appellant's guilty plea was not coerced by threat of his counsel to withdraw, there was a trustworthy basis for accepting appellant's plea of guilty, and appellant's counsel did not provide ineffective assistance.
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| Davis v. South Sunflower County Hosp., NO. 2006-CA-00049-COA,
COURT OF APPEALS OF MISSISSIPPI, May 22, 2007, Decided
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Overview: Patient failed to show good cause why she failed to serve process on hospital within 120-day period in Miss. R. Civ. P. 4(h); although process server took 31 days to serve hospital, patient waited until 118 days after complaint was filed to seek service, and it was largely patient's own failure to act diligently that resulted in untimely service.
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| Doss v. State, NO. 2006-CP-00204-COA,
COURT OF APPEALS OF MISSISSIPPI, May 22, 2007, Decided
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Overview: The dismissal of the inmate's petition for postconviction relief was proper because the appeal was untimely under Miss. R. App. P. 4(a), and because he failed to cite any authority in support of his argument.
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| Dunlap v. State, NO. 2006-CP-00294-CGA,
COURT OF APPEALS OF MISSISSIPPI, May 22, 2007, Decided
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Overview: It was not error for the trial court to deny a motion for post-conviction relief because defendant had not established that he received ineffective assistance of counsel when he pled guilty to selling cocaine in violation of Miss. Code Ann. § 41-29-139. The indictment was not defective and defendant was correctly informed of the sentencing range.
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| Lindsey v. State, NO. 2005-KA-01337-COA,
COURT OF APPEALS OF MISSISSIPPI, May 22, 2007, Decided
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Overview: Defendant's conviction for manslaughter in violation of Miss. Code Ann. § 97-3-35 was proper because there was evidence that in the middle of the fight with the victim, defendant left and then returned with a knife. That was sufficient evidence enabling the jury to find that defendant was not acting in self-defense.
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| Loveless v. City of Booneville, NO. 2006-KM-00435-COA,
COURT OF APPEALS OF MISSISSIPPI, May 22, 2007, Decided
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Overview: Where a police officer testified that he noticed a strong smell of alcohol coming from defendant, that defendant had glazed and bloodshot eyes, and his speech was slurred, and defendant also failed field sobriety tests, the evidence was sufficient to support defendant's conviction for DUI pursuant to Miss. Code Ann. § 63-11-30(1)(a) (2004).
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| McNickles v. State, NO. 2006-CA-00023-COA,
COURT OF APPEALS OF MISSISSIPPI, May 22, 2007, Decided
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Overview: Appellant's motion for postconviction relief from his firearm possession conviction was properly denied where he had entered an Alford plea after the trial court denied his motion to suppress a firearm that was found in his truck and he concluded that it was in his best interest to accept a plea rather than face a possible life sentence at trial.
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| Reed v. State, NO. 2006-KA-00170-COA,
COURT OF APPEALS OF MISSISSIPPI, May 22, 2007, Decided
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Overview: Defendant's conviction and the denial of a JNOV was affirmed because the evidence from the cashier and an eyewitness on the scene was sufficient to convict defendant of robbery. The jury could find the witnesses' testimony to be credible and the eyewitness corroborated the testimony presented by the cashier.
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