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| Livingston v. State, NO. 2004-KA-02455-COA,
COURT OF APPEALS OF MISSISSIPPI, May 30, 2006, Decided
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Overview: Court properly denied defendant's heat of passion manslaughter instruction where there was no violent, uncontrollable rage at the time of the incident, as required by Miss. Code Ann. § 97-3-35. Eyewitnesses testified that defendant blocked in truck belonging to his estranged wife's boyfriend, walked over to truck, opened door, and shot three times.
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| Norwood v. Moore, NO. 2005-CA-00300-COA,
COURT OF APPEALS OF MISSISSIPPI, May 30, 2006, Decided
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Overview: Appellate court affirmed trial court's judgment in favor of an individual that set aside a tax deed because a chancery clerk did not comply with Miss. Code Ann. § 27-43-3 in that she failed to file a second affidavit that detailed the steps she took to advise the individual of the expiration of his rights of redemption.
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| Perry v. State, NO. 2005-KA-00541-COA,
COURT OF APPEALS OF MISSISSIPPI, May 30, 2006, Decided
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Overview: The trial judge's Batson determinations were not clearly erroneous where his reinstatement of jurors after defendant exercised his peremptory strikes were proper; the strikes against the jurors were pretextual and there was insufficient evidence to say that the jurors would be biased jurors.
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| Tool Mart, Inc. v. BancorpSouth Bank, NO. 2004-CA-02315-COA,
COURT OF APPEALS OF MISSISSIPPI, May 30, 2006, Decided
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Overview: Where an agreement between a retailer and a credit card company provided that a no-refund policy was not permitted for telephone credit card sales, summary judgment was properly granted to the company in a later dispute over a charge back because the retailer was responsible for reimbursing the amount of a return for defective merchandise.
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| Warren v. Horace Mann Life Ins. Co., NO. 2004-CA-02291-COA,
COURT OF APPEALS OF MISSISSIPPI, May 30, 2006, Decided
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Overview: Summary judgment was granted to an insurer and an agent in a fraud action relating to the purchase of life insurance because it was time-barred under Miss. Code Ann. § 15-1-49 since the claim should have been filed three years from the completion of the sale; moreover, there was no fraudulent concealment tolling the limitations period.
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| Wildee v. State, NO. 2005-CP-00736-COA,
COURT OF APPEALS OF MISSISSIPPI, May 30, 2006, Decided
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Overview: A motion for post-conviction relief was denied because it was a successive writ under Miss. Code Ann. § 99-39-23(6) due to previous decisions in 1986, 1987, 1988, and 1997; the inmate failed to show that there were any intervening cases that permitted a hearing on the motion.
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