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| South Cent. Reg'l Med. Ctr. v. Guffy, NO. 2005-IA-00684-SCT,
SUPREME COURT OF MISSISSIPPI, June 1, 2006, Decided
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Overview: The trial court erred in finding that the patient substantially complied with the notice provisions of Miss. Code Ann. § 11-46-11(2) and denying the hospital's motion to dismiss; the patient did not strictly comply with the statutory ninety-day requirement under Miss. Code Ann. § 11-46-11(1).
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| Bellais v. Bellais, NO. 2004-CA-00905-COA,
COURT OF APPEALS OF MISSISSIPPI, June 6, 2006, Decided
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Overview: In determining the best interest of two minor girls, a chancellor did not err by awarding legal and physical custody to a father where the applicable factors demonstrated that the mother had used drugs and committed adultery; although the father's conduct was questionable also, it was for the chancellor to weigh the evidence and judge credibility.
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| Dixon v. State, NO. 2004-KA-01582-COA,
COURT OF APPEALS OF MISSISSIPPI, June 6, 2006, Decided
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Overview: Where the evidence showed that cocaine was sold to an informant on the date of the crime, money from this transaction was found in money discarded during a police chase, and the drugs were packaged in a way that suggested distribution, there was sufficient evidence to support a conviction under Miss. Code Ann. § 41-29-139(a)(1) (Rev. 2001).
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| Doe v. Roman Catholic Diocese, NO. 2004-CA-02572-COA,
COURT OF APPEALS OF MISSISSIPPI, June 6, 2006, Decided
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Overview: Pursuant to Miss. Code Ann. §§ 15-1-49 and -59, the alleged sexual abuse victim had until 1986 to file her claim of abuse against priests and Roman Catholic Diocese; discovery rule did not apply as victim was aware of abuse when it occurred and fraudulent concealment doctrine could not apply. Victim failed to show Diocese knew of her alleged abuse.
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| Trustmark Nat'l Bank v. Barnard, NO. 2004-CA-01342-COA,
COURT OF APPEALS OF MISSISSIPPI, June 6, 2006, Decided
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Overview: In a case involving a dispute over loans for three trucks, a borrower's liability as the maker was unconditional under Miss. Code Ann. § 75-3-412; therefore, a trial court erred by entering partial judgment in his favor when it determined that he was not responsible for the balance of a loan that was still outstanding based on a car dealer's fraud.
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| Miss. Comm'n on Judicial Performance v. Cole, No. 2005-JP-02122-SCT,
SUPREME COURT OF MISSISSIPPI, June 7, 2006, Decided
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Overview: County justice court judge was publicly reprimanded for violating Miss. Code Jud. Conduct Canons 1, 2(A), 2(B), 3(B), 4(A) as he ordered that his grandson's driver's license be reinstated (after the grandson pled nolo contendere to DUI) and attempted to have a sheriff allow the grandson to serve his time in a local jail instead of a state facility.
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| Haynes v. State, NO. 2005-KA-00722-SCT,
SUPREME COURT OF MISSISSIPPI, June 8, 2006, Decided
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Overview: Although the circuit court erred when it admitted defendant's confession into evidence in violation of his Fifth Amendment right because defendant had already requested counsel, the admission was harmless in light of the other evidence connecting defendant to the crime, including his DNA and fingerprints found at the crime scene.
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| Walker v. Whitfield Nursing Ctr., Inc., NO. 2005-CA-02248-SCT,
SUPREME COURT OF MISSISSIPPI, June 8, 2006, Decided
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Overview: Trial court properly dismissed a wrongful death and negligence action filed by the administratrix of the decedent's estate against a nursing home as the administratrix failed to comply with Miss. Code Ann. § 11-1-58 by failing to timely inform the nursing home that an expert had been consulted by way of an attorney's certificate of compliance.
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| Wilson v. State, NO. 2005-KA-00137-SCT,
SUPREME COURT OF MISSISSIPPI, June 8, 2006, Decided
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Overview: Where defendant demanded money from three bank tellers and left the bank with a bag of money, the evidence was sufficient to support his conviction for robbery, Miss. Code Ann. § 97-3-73. The trial court did not err by amending the indictment before trial to charge defendant as a habitual offender under Miss. Code Ann. § 99-19-83.
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