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   State Courts - Mississippi - June 13, 2006

  
Anderson v. McRae's, Inc., NO. 2004-CA-02180-COA, COURT OF APPEALS OF MISSISSIPPI, June 13, 2006, Decided
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Overview: In a tort action arising from an incident in a retail store, a motion for a mistrial based on alleged statements from defense counsel was waived when an attorney resumed questioning without requesting a ruling on the motion.

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Evans v. Horace Mann Life Ins. Co., NO. 2005-CA-00254-COA, COURT OF APPEALS OF MISSISSIPPI, June 13, 2006, Decided
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Overview: Summary judgment was properly awarded to an insurer and its agent in an insured's action for fraudulent misrepresentation because by stating during her deposition what the agent explained to her regarding her policies, insured proved that there was no misrepresentation. The insured admitted during her deposition that she did not read the policies.

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George v. W.W.D. Autos., Inc., NO. 2004-CA-01944-COA, COURT OF APPEALS OF MISSISSIPPI, June 13, 2006, Decided
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Overview: Court erred in awarding summary judgment to car dealership in plaintiff's suit for malicious prosecution where jury could have found that there was no probable cause for initiation of criminal charge against plaintiff for unauthorized use of motor vehicle, in violation of Miss. Code Ann. § 97-17-61; there was not a taking and carrying away of car.

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Lang v. State, NO. 2004-KA-00648-COA, COURT OF APPEALS OF MISSISSIPPI, June 13, 2006, Decided
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Overview: Where defendant was tried for the stabbing murder of his wife, the trial court admitted photographs of the victim's body and a videotape of the bloody crime scene. In the absence of a specific objection under Miss. R. Evid. 103(a)(1), no error concerning the admission of the evidence was preserved for review.

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LeBlanc v. Andrews, NO. 2004-CA-02258-COA, COURT OF APPEALS OF MISSISSIPPI, June 13, 2006, Decided
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Overview: A chancellor did not err in a divorce case by refusing to award a wife periodic payments of rehabilitative alimony; the wife's situation was not the type that warranted such an award because she did not need retraining to reenter the workforce after being a stay at home mother for 3 years, and she failed to substantiate money borrowed to pay debts.

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Parks v. State, NO. 2005-KA-00092-COA, COURT OF APPEALS OF MISSISSIPPI, June 13, 2006, Decided
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Overview: In an aggravated assault case, a trial court did not err by failing to exclude a victim's identification of a gun under Miss. R. Evid. 401 and Miss. R. Evid. 402 because whether the victim was able to identify it was a question for the jury; the victim testified that she saw this particular gun earlier in the night and when she was shot with it.

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Rod v. Home Depot USA, Inc., NO. 2004-CA-02018-COA, COURT OF APPEALS OF MISSISSIPPI, June 13, 2006, Decided
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Overview: A grant of summary judgment in favor of the corporation in the customer's action for damages asserting that she was injured from a fall in one of the corporation's stores was appropriate because proof merely of the occurrence of a fall on a floor within business premises was not sufficient to demonstrate negligence on the part of the proprietor.

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Smith v. State, NO. 2005-KA-00591-COA, COURT OF APPEALS OF MISSISSIPPI, June 13, 2006, Decided
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Overview: Appellate court affirmed the trial court and deferred to its assessment of the credibility of the witnesses and held that the trial court did not err by denying defendant's motion for a directed verdict or motion for a new trial because despite defendant's testimony to the contrary, many witnesses testified that he was the shooter.

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Sturkey v. State, NO. 2004-KA-00661-COA, COURT OF APPEALS OF MISSISSIPPI, June 13, 2006, Decided
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Overview: Defendant's right to be represented by his choice of retained counsel was not violated when court denied his motion for a continuance on morning of trial so that he could discharge his substitute counsel and hire new counsel because there was adequate time between his original attorney's activation to Iraq and trial for him to retain other counsel.

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Viking Invs.,LLC v. Addison Body Shop, Inc., NO. 2005-CA-01099-COA, COURT OF APPEALS OF MISSISSIPPI, June 13, 2006, Decided
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Overview: A tax sale of property was void because the three methods of service under Miss. Code Ann. § 27-43-3 were not satisfied; although two methods were completed, posting a notice of redemption on the owner's business was not one of the acceptable methods under Miss. R. Civ. P. 4.

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