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| A.C.W. v. J.C.W., NO. 2006-CA-00337-COA,
COURT OF APPEALS OF MISSISSIPPI, June 5, 2007, Decided
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Overview: Where a father had been paying child support, he occasionally exercised visitation, he expressed a desire to have a relationship with his child, and there was interference from a mother's parents, the termination of the father's parental rights was properly denied under Miss. Code Ann. § 93-15-103(3)(b), (f).
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| Armstrong v. Estate of Thames, NO. 2006-CA-00446-COA,
COURT OF APPEALS OF MISSISSIPPI, June 5, 2007, Decided
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Overview: In a conservator's suit to set aside a deed conveyed by the ward, his sister claimed the conservatorship was invalid because process was never served on a relative. The chancellor erred by concluding that Miss. Code Ann. § 93-13-253 did not require service of process on a relative when the party petitioning for a conservatorship was the ward.
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| B.S.G. v. J.E.H., NO. 2005-CP-02318-COA,
COURT OF APPEALS OF MISSISSIPPI, June 5, 2007, Decided
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Overview: Termination of the mother's parental rights was proper under Miss. Code Ann. §§ 93-15-103, -109 as (1) child was formally adjudicated neglected twice; (2) numerous attempts were made to aid the mother in regaining custody of the child; (3) she had a history of drug abuse; and (4) reunification with the mother was not in the child's best interest.
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| Beckwith v. Shah, NO. 2003-CA-01624-COA,
COURT OF APPEALS OF MISSISSIPPI, June 5, 2007, Decided
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Overview: Jury instructions in a medical malpractice case were upheld where they gave the proper standard of care; moreover, it was not error to fail to give proffered instructions that were both confusing and peremptory in nature.
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| Berry v. State, NO. 2006-KA-00029-COA,
COURT OF APPEALS OF MISSISSIPPI, June 5, 2007, Decided
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Overview: In defendant's trial for capital murder as result of felonious abuse of a child, presumption was that counsel's performance was reasonable. Testimony as to how deceased child's injuries occurred was proper because expert's testimony was relevant and helpful. Evidence was sufficient to support conviction pursuant to Miss. Code Ann. § 97-3-19(2)(f).
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| Cole v. Cole (In re Cole), NO. 2005-CA-02243-COA,
COURT OF APPEALS OF MISSISSIPPI, June 5, 2007, Decided
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Overview: A chancery court did not err by refusing to appoint a first son as the conservator over a father's estate because there was a conflict of interest; the first son candidly admitted that he would not sue himself under Miss. Code Ann. § 93-13-38(2) to recover indebtedness he owed.
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| Golden v. Epps, NO. 2006-CP-00652-COA,
COURT OF APPEALS OF MISSISSIPPI, June 5, 2007, Decided
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Overview: An inmate's motion for post-conviction relief based on an allegation that he was entitled to an administrative hearing for the loss of earned time and trusty time after an escape conviction was time barred under Miss. Code Ann. § 99-39-5(2) since the motion was filed more than 5 years after the limitations period had expired.
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| Harbin v. Outokumpu Heatcraft USA, LLC, NO. 2006-WC-01248-COA,
COURT OF APPEALS OF MISSISSIPPI, June 5, 2007, Decided
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Overview: Benefit claimants were not entitled to recover workers' compensation benefits under Miss. Code Ann. § 71-3-3(b) based on a fatal heart attack suffered at work because there was no causal connection shown; the employee did not have any unusual assignments or work conditions, and the medical evidence established that the death was not work-related.
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| Hensarling v. Holly, NO. 2003-CA-00096-COA,
COURT OF APPEALS OF MISSISSIPPI, June 5, 2007, Decided
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Overview: A dismissal of a medical malpractice case under Miss. R. Civ. P. 41 was appropriate where no action was taken for 4 years, a first doctor was not served in the time under Miss. R. Civ. P. 4, a patient failed to use other means of service available, and service was not effectuated until the statute of limitations had expired.
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| In the Interest of K.G., NO. 2004-CA-01797-COA,
COURT OF APPEALS OF MISSISSIPPI, June 5, 2007, Decided
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Overview: Although a youth court failed to follow Miss. Code Ann. § 43-21-557, the error was harmless because there was no resulting prejudice or unfairness shown; defendant was allowed to cross-examine witnesses, witnesses were called to testify on her behalf, and defendant was served with a summons outlining her right to counsel and to subpoena witnesses.
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