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| Beyers v. State, NO. 2004-KA-00835-COA,
COURT OF APPEALS OF MISSISSIPPI, May 23, 2006, Decided
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Overview: Conviction for aggravated assault under Miss. Code Ann. § 97-3-7(2)(b) was affirmed because the State was not required to prove that the victim suffered serious bodily injury, the jury could reasonably conclude that the butt of defendant's gun was a bludgeoning instrument, and the State was not required to prove that self defense did not apply.
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| Johnson v. Alcorn State Univ., NO. 2004-CA-02543-COA consolidated with NO. 2005-CA-00027-COA,
COURT OF APPEALS OF MISSISSIPPI, May 23, 2006, Decided
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Overview: The dismissal of the decedent's mother's and a student's action against a state university resulting from a shooting on campus was proper pursuant to the Mississippi Tort Claims Act, Miss. Code Ann. § 11-46-1, et seq., where an employee had no duty to warn the victims of the dangerous condition of the gunman's character.
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| McCool v. State, NO. 2004-KA-02181-COA,
COURT OF APPEALS OF MISSISSIPPI, May 23, 2006, Decided
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Overview: Evidence was sufficient to support defendant's conviction for a third offense DUI in violation of Miss. Code Ann. § 63-11-30(1) because several witnesses saw defendant in an intoxicated state, an officer observed defendant driving, defendant refused the breath test and defendant had two previous DUI convictions.
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| Melton v. State, NO. 2005-CP-01127-COA,
COURT OF APPEALS OF MISSISSIPPI, May 23, 2006, Decided
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Overview: Inmate's appeal of the denial of a motion for PCR was timely because there was no evidence that it was not presented for mailing within 30 days. The PCR appeal was without merit because the inmate had waived non-jurisdictional defects when he had pled guilty, and the good-time credit issue could be addressed by prison administration.
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| Mosley v. State, NO. 2005-KA-00696-COA,
COURT OF APPEALS OF MISSISSIPPI, May 23, 2006, Decided
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Overview: Three different statutory enhancements, Miss. Code Ann. § 99-19-81 (Rev. 2000) and Miss. Code Ann. §§ 41-29-147, -152 (Rev. 2005), were properly used in sentencing defendant to 32 years' imprisonment for drug and firearm offenses because he had been previously convicted of two felonies, including a drug offense, and he possessed a firearm.
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| Pickle v. State, NO. 2005-CP-00996-COA,
COURT OF APPEALS OF MISSISSIPPI, May 23, 2006, Decided
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Overview: Denial of post-conviction relief was proper because exceptions to procedural bars in Miss. Code Ann. §§ 99-39-5(2) and 99-39-23(6) did not apply where failure to understand, until after trial, law regarding jury instructions or effective assistance of counsel did not constitute newly discovered evidence and did not invoke plain error rule.
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| Savell v. Morrison, NO. 2004-CA-02231-COA,
COURT OF APPEALS OF MISSISSIPPI, May 23, 2006, Decided
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Overview: A chancellor did not commit clear error or abuse his discretion when he modified child custody; while visitation should not have been considered, the mother's remarriage and the stepfather's subsequent verbally abusive treatment of the daughter were well within the chancellor's sphere of consideration as they were changes in the custodial home.
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| Short v. State, NO. 2003-KA-02767-COA,
COURT OF APPEALS OF MISSISSIPPI, May 23, 2006, Decided
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Overview: State was not collaterally estopped from trying defendant for firearm possession by a convicted felon per Miss. Code Ann. § 97-37-5(1) (Rev. 2000) where a city court acquitted him of possessing stolen property as he had the firearm later as well; however, his stipulation to an element of the offense did not support a habitual offender enhancement.
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| Smallwood v. State, NO. 2004-KA-01603-COA,
COURT OF APPEALS OF MISSISSIPPI, May 23, 2006, Decided
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Overview: Burglary conviction under Miss. Code Ann. § 97-17-23 was upheld where acquittal on armed robbery charges did not invoke the doctrine of merger and did not raise double jeopardy implications because the elements of the crimes were not the same and where imposition of a less-than-maximum sentence did not require a proportionality review.
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| Smith v. Gilmore Mem. Hosp., Inc., NO. 2005-CA-00166-COA,
COURT OF APPEALS OF MISSISSIPPI, May 23, 2006, Decided
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Overview: Summary judgment in favor of a hospital was reversed where it was the job of a jury, not a court, to determine if a nurse breached the standard of care when she told a minor patient's mother that a surgical procedure was going well when, in fact, the doctor had first begun the procedure on the patient's wrong eye; no expert testimony was required.
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