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   State Courts - Mississippi - June 12, 2007

  
Adolphe Lafont USA, Inc. v. Ayers, NO. 2006-WC-01681-COA, COURT OF APPEALS OF MISSISSIPPI, June 12, 2007, Decided
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Overview: An award of permanent total disability benefits to the employee for 450 weeks was proper, in part because, even if the employee failed to notify her employer directly within 30 days as required under Miss. Code Ann. § 71-3-35(1), she was not barred from recovery since her employer had sufficient notice of the injury and was not prejudiced.

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Bailey v. State, NO. 2006-KA-00011-COA, COURT OF APPEALS OF MISSISSIPPI, June 12, 2007, Decided
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Overview: There was probable cause to support the issuance of a search warrant based on the statement of a person arrested after leaving defendant's residence, information given by confidential informants, and the results of surveillance. Defendant was unable to challenge the search of the person leaving his house since Fourth Amendment rights were personal.

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Coleman v. State, NO. 2006-CP-01089-COA consolidated with NO. 2006-CP-01090-COA consolidated with NO. 2006-CP-01091-COA, COURT OF APPEALS OF MISSISSIPPI, June 12, 2007, Decided
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Overview: A trial court did not err by amending a sentence in a post-conviction case under Miss. Code Ann. § 99-39-19 where an inmate entered a valid guilty plea under Miss. Unif. Cir. & Cty. R. 8.04(A)(4)(b), but was given an invalid sentence. There was no ineffective assistance of counsel based on the failure to advise of an amended sentence.

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Hart v. State, NO. 2006-KA-00927-COA, COURT OF APPEALS OF MISSISSIPPI, June 12, 2007, Decided
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Overview: In a burglary case, defendant's rights under the Fifth Amendment and Miss. Const. art. 3, § 26 were not violated by a statement made by the prosecution during closing argument; even though it seemed improper by itself, it was clear from the argument as a whole that the prosecutor was arguing for the credibility of his witness.

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Henley v. Epps, NO. 2006-CP-00808-COA, COURT OF APPEALS OF MISSISSIPPI, June 12, 2007, Decided
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Overview: Trial court erred in denying and dismissing habeas corpus petition on ground that petitioner failed to exhaust his administrative remedies because under Miss. Code Ann. § 47-5-803(2), trial court should have stayed the petition for 90 days so that the Mississippi DOC Administrative Remedies Program could consider and rule on petitioner's complaint.

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Marshall v. Marshall, NO. 2005-CA-00436-COA, COURT OF APPEALS OF MISSISSIPPI, June 12, 2007, Decided
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Overview: Where a divorce action was filed in 1996 and temporary support was ordered, it was properly not considered the line of demarcation for the equitable division of marital assets because the case was subsequently dismissed as being stale under Miss. R. Civ. P. 41; the dismissal relieved the husband of his support obligations.

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Scott v. State, NO. 2002-KP-00798-COA, COURT OF APPEALS OF MISSISSIPPI, June 12, 2007, Decided
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Overview: In a robbery case, the State should have been ordered to provide race-neutral reasons for its use of peremptory challenges because a prima facie case of purposeful discrimination was shown by defendant; the State used 10 of 11 challenges to remove African-American members of the venire when one-third of the panel itself was African-American.

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Shanks v. State, NO. 2006-CP-00729-COA, COURT OF APPEALS OF MISSISSIPPI, June 12, 2007, Decided
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Overview: An inmate's motion for post-conviction relief was properly denied because the motion was filed outside of the three-year limitation of Miss. Code Ann. § 99-39-5(2), and when the inmate pled guilty to murder in violation of Miss. Code Ann. § 97-3-19(1)(a), he stated that he understood the nature of the charge and the elements of the crime.

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Truitt v. State, NO. 2006-CP-00543-COA, COURT OF APPEALS OF MISSISSIPPI, June 12, 2007, Decided
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Overview: The dismissal of the inmate's motion for postconviction relief was proper, in part under Miss. Unif. Cir. & Cty. R. 7.07(A) because nothing prohibited the State from indicting him for murder and manslaughter in the death of the same individual. In any event, he had entered a guilty plea, which procedurally barred the issue.

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Watts v. State, NO. 2006-KA-01057-COA, COURT OF APPEALS OF MISSISSIPPI, June 12, 2007, Decided
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Overview: Defendant's conviction for burglary of a dwelling was proper because witness inconsistencies were fully explored on cross-examination by defendant's counsel. And, although defendant had an opportunity to take the stand and testify in his defense and/or call other witnesses, he chose not to do so.

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