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| Aldridge v. West, NO. 2005-CA-00960-SCT,
SUPREME COURT OF MISSISSIPPI, May 18, 2006, Decided
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Overview: Appellate court affirmed the denial of the writ of mandamus sought by the citizens after the trial court dismissed their petition because the citizens clearly did not have standing to pursue a mandamus action under Miss. Code Ann. § 11-41-1 (Rev. 2002) because they admitted that they did not suffer distinct injury from the other citizens the city.
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| Bradfield v. Schwartz, NO. 2005-CA-00197-SCT,
SUPREME COURT OF MISSISSIPPI, May 18, 2006, Decided
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Overview: Case was remanded to conduct an evidentiary hearing in order to determine whether the issue of punitive damages should have been considered by the jury where the trial court erred when it failed to comply with the statutory requirement under Miss. Code Ann. § 11-1-65(1) to conduct an evidentiary hearing on punitive damages.
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| Bynum v. State, NO. 2003-CT-02170-SCT,
SUPREME COURT OF MISSISSIPPI, May 18, 2006, Decided
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Overview: Trial court did err in allowing police officer to testify concerning the co-defendant's statement where defendant lacked the opportunity to cross-examine his co-defendant; however, the error was harmless as there was overwhelming evidence of defendant's guilt such that the impact of the erroneously admitted statement was insignificant.
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| Hales v. State, NO. 2004-KA-02084-SCT,
SUPREME COURT OF MISSISSIPPI, May 18, 2006, Decided
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Overview: Defendant's conviction and sentence for possession of controlled dangerous substance, in violation of Miss. Code Ann. § 41-29-139 (Rev. 2005), was affirmed when defendant failed to timely object to a photograph that showed marijuana, which the State had agreed to withhold from introducing into evidence. Court was barred from considering the issue.
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| Rosson v. McFarland, NO. 2004-CA-00078-SCT,
SUPREME COURT OF MISSISSIPPI, May 18, 2006, Decided
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| Speetjens v. Malaco Inc., NO. 2004-CA-01098-SCT,
SUPREME COURT OF MISSISSIPPI, May 18, 2006, Decided
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Overview: A trial court properly dismissed shareholders' derivative suit against a corporation and its directors because, before filing suit, they failed to make a written demand on the corporation to take suitable action, as required by Miss. Code Ann. § 79-4-7.42. Section 79-4-7.42, which was unambiguous, did not contain an exception for futility.
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| Wilner v. White, NO. 2003-CT-01733-SCT,
SUPREME COURT OF MISSISSIPPI, May 18, 2006, Decided
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Overview: Court of Appeals' judgment was reversed and summary judgment for a doctor and clinic was reinstated because there was no ruling on a patient's motion to amend, adding the doctor and clinic as defendants, prior to the expiration of the statute of limitations. The amended complaint did not relate back under Miss. R. Civ. P. 15(c).
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| Gordon v. Gordon, NO. 2005-CA-00007-COA,
COURT OF APPEALS OF MISSISSIPPI, May 19, 2006, Decided
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Overview: A partial summary judgment in a contract dispute was a judgment for purposes of the postjudgment interest statute, Miss. Code Ann. 75-17-7, and the chancery court's refusal to award postjudgment interest on the partial judgment was reversible error.
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| In re Local Rules of the Fourth Circuit Court Dist. of Miss., No. 89-R-99015-SCT,
SUPREME COURT OF MISSISSIPPI, May 22, 2006, Decided
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