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| Almond v. Flying J Gas Co., NO. 2006-CA-00117-COA,
COURT OF APPEALS OF MISSISSIPPI, May 29, 2007, Decided
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Overview: Summary judgment for company was proper in premises liability case because, viewing evidence in light most favorable to patron, patron failed to establish a genuine issue of material fact regarding the company's liability; the patron did not offer any evidence to show that the company caused the condition that caused her fall or had notice of it.
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| Beal v. State, NO. 2006-KM-00345-COA,
COURT OF APPEALS OF MISSISSIPPI, May 29, 2007, Decided
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Overview: Evidence was sufficient to convict defendant of D.U.I. first offense (other substance) as (1) officer observed marijuana on his clothing, noted that his eyes were bloodshot, and remarked that he appeared to be particularly nervous; and (2) nothing about officer's allowing him to drive away from the scene affected whether he was under the influence.
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| Brooks v. Pennington, NO. 2006-CA-00396-COA,
COURT OF APPEALS OF MISSISSIPPI, May 29, 2007, Decided
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Overview: A trial court erred in granting a sheriff and others summary judgment on an individual's claims for, inter alia, false imprisonment and negligence, where Miss. Code Ann. § 11-46-9(1)(m) did not apply and there were issues of fact as to whether the sheriff had recklessly disregarded the individual's wellbeing in accepting a bail bondman's surrender.
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| Conner v. State, NO. 2005-KA-01994-COA,
COURT OF APPEALS OF MISSISSIPPI, May 29, 2007, Decided
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Overview: Defendant's convictions for murder, armed robbery, and shooting into an occupied dwelling were proper two because witnesses testified to seeing defendant shoot the victim and a witness also testified that defendant removed the victim's clothing and wallet. A female further testified that a shot was fired through her door.
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| Davis v. State, NO. 2006-CP-01350-COA,
COURT OF APPEALS OF MISSISSIPPI, May 29, 2007, Decided
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Overview: Inmate's post-conviction relief petition was properly denied as time-barred under Miss. Code Ann. § 99-39-5(2) because the inmate waited more than six years after his conviction to file the petition and none of the exceptions to the three-year time limit applied to the inmate's claims of ineffective assistance of counsel or a coerced guilty plea.
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| Evans v. State, NO. 2005-KA-01802-COA,
COURT OF APPEALS OF MISSISSIPPI, May 29, 2007, Decided
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Overview: Evidence was sufficient to convict defendant of armed robbery, Miss. Code Ann. § 97-3-79, because (1) while victim never testified that he was afraid or in fear, rational jury could find that he anticipated that personal injury would result if he did not follow defendant's instructions; and (2) jury could infer that victim was acting under duress.
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| Issac v. State, NO. 2005-CP-01523-COA,
COURT OF APPEALS OF MISSISSIPPI, May 29, 2007, Decided
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Overview: Trial court imposed a 20-year sentence, corrected itself because inmate was being sentenced for the aggravated assault as habitual offender under Miss. Code Ann. § 99-19-83, sentenced the inmate to life imprisonment, and then adjourned. Thus, trial court did not impermissibly impose a definite sentence and then illegally impose a greater sentence.
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| Lawrence v. State, NO. 2006-CP-01389-COA,
COURT OF APPEALS OF MISSISSIPPI, May 29, 2007, Decided
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Overview: Where an inmate pled guilty to murder and received a life sentence, his plea was voluntary and counsel was effective because he was fully advised and understood the consequences of changing his plea; as to a transcript production motion, he improperly equated crime of passion with a killing in the heat of passion under Miss. Code Ann. § 97-3-35.
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| Mickalowski v. Am. Flooring, Inc., NO. 2005-CA-01864-COA,
COURT OF APPEALS OF MISSISSIPPI, May 29, 2007, Decided
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Overview: Trial court properly found that sellers of a flooring business violated a non-compete agreement that the buyer had paid for because substantial evidence supported a finding that the sellers made retail sales within the restricted area without notice to the buyer and that they exceeded a "from time to time" limitation concerning wholesale activity.
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| Moffett v. Howard Indus., NO. 2006-WC-01313-COA,
COURT OF APPEALS OF MISSISSIPPI, May 29, 2007, Decided
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Overview: District court did not err in summarily affirming commission's finding that surgical procedure undergone by workers' compensation claimant was not reasonable and necessary because commission's decision was supported with substantial evidence as it was based on reports and testimony of several experts, who indicated that surgery was inappropriate.
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