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   State Courts - Mississippi - June 7, 2007

  
Garner v. State Democratic Exec. Comm., NO. 2007-EC-00884-SCT, SUPREME COURT OF MISSISSIPPI, June 7, 2007, Decided
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Overview: Candidate, who sought election to a public office, was not qualified, pursuant to Miss. Code Ann. § 23-15-299(7), because the candidate did not reside in a judicial district in which he intended to run for district attorney. The candidate and his wife had two homes, and spent most of their time at the home outside of the district.

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General Am. Life Ins. Co. v. McCraw, NO. 2004-CA-01417-SCT, SUPREME COURT OF MISSISSIPPI, June 7, 2007, Decided
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Overview: Agent sued insurance company; the matter concerned when a principal must indemnify its agent. Question of indemnity and whether agent was acting within scope of authority was a matter for jury. Trial court was correct in granting JNOV on issue of emotional distress damages because those fees were not associated with obtaining indemnity.

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Harmon v. Regions Bank, NO. 2006-CA-00453-SCT, SUPREME COURT OF MISSISSIPPI, June 7, 2007, Decided
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Overview: Summary judgment was granted to a creditor in an action under the Fair Credit Reporting Act, 15 U.S.C.S. § 1681 et seq., because a claim of harassment by two debtors was preempted under 15 U.S.C.S. § 1681h(e); an exception to this did not apply since the pleadings did not contain an allegation of malice.

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Holmes-Pickett v. Holmes-Price (In re Estate of Holmes), NO. 2005-CA-01964-SCT, SUPREME COURT OF MISSISSIPPI, June 7, 2007, Decided
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Overview: A finding that a decedent's will was valid and that it was not a product of undue influence was improper because the record failed to prove that the decedent was aware of her total assets and their general value and the evidence indicated that the executrix controlled the decedent's finances and business.

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Miss. Ethics Comm'n v. Grisham, NO. 2006-CA-00902-SCT, SUPREME COURT OF MISSISSIPPI, June 7, 2007, Decided
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Overview: Stepson of a local governmental board member submitted bid on public construction project. In determining that stepson was a relative under Miss. Code Ann. § 25-4-103(q), Mississippi Ethics Commission erred because statute was plain and unambiguous. Statute was clear that stepchildren were not included in definition of "relative."

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Montgomery v. Lowndes County Democratic Exec. Comm., NO. 2007-EC-00863-SCT, SUPREME COURT OF MISSISSIPPI, June 7, 2007, Decided
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Overview: A candidate was a qualified candidate for the position of justice court judge, even though the candidate did not live within the election subdistrict where she wished to run for office. Miss. Const. art. 6, § 171, only required a justice court judge to have resided two years in the county next proceeding the judge's selection.

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Taggart v. State, NO. 2006-KA-00704-SCT, SUPREME COURT OF MISSISSIPPI, June 7, 2007, Decided
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Overview: Trial court did not abuse its discretion by admitting into evidence during sentencing defendant's prior Texas conviction of second-degree robbery because it was relevant for the sentencing jury, consistent with Miss. Unif. Cir. & Cty. R. 10.04(B)(1), to consider.

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