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| Carlisle v. State, NO. 2004-KA-01764-COA,
COURT OF APPEALS OF MISSISSIPPI, June 20, 2006, Decided
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Overview: Officers had reasonable suspicion, Fourth Amendment, to stop a vehicle because an informant arranged to buy marihuana from defendant, and as defendant's vehicle, which matched exactly the description given by the informant, approached the bridge, it was stopped by an officer who recognized defendant and knew he was on probation.
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| Clayton v. State, NO. 2003-KA-02210-COA,
COURT OF APPEALS OF MISSISSIPPI, June 20, 2006, Decided
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Overview: Even though 14 month delay between placement of detainer and defendant's trial date was presumptively prejudicial, defendant's speedy trial rights under Sixth Amendment were not violated because he did not file a motion to dismiss for the lack of a speedy trial until one year after his arrest and no evidence supported his claim of lost witnesses.
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| Elam v. Hinson, NO. 2005-CA-00844-COA consolidated with NO. 2003-CA-00239-COA,
COURT OF APPEALS OF MISSISSIPPI, June 20, 2006, Decided - 2005-CA-00844-COA; June 29, 2004, Decided - 2003-CA-00239-COA
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Overview: Trial court did not err in the distribution of the marital property and in denying the mother lump sum alimony as the evidence showed that the mother did not contribute significantly to the operation of the father's plumbing business, and did not show that she would not have financial security.
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| Gatlin v. State, NO. 2005-CP-00759-COA,
COURT OF APPEALS OF MISSISSIPPI, June 20, 2006, Decided
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Overview: Appellate court affirmed the denial of an inmate's petition for post-conviction relief as evidence that the inmate discovered that his appointed counsel was suspended from the practice of law a year after he was representing him did not warrant an exception to the time bar pursuant to in Miss. Code Ann. § 99-39-5(2).
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| Hardin v. State, NO. 2005-KA-00576-COA,
COURT OF APPEALS OF MISSISSIPPI, June 20, 2006, Decided
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Overview: Corroborating evidence was sufficient to sustain an accomplice's implication of defendant in an armed robbery because defendant wore a 9 1/2 size shoe, there was testimony about gang-related tattoos that no one noticed until after the trip to Mexico, and over $ 8,000 was taken, and thus, both men had sufficient funds to travel to Texas and Mexico.
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| Mack v. State, NO. 2005-CP-01138-COA,
COURT OF APPEALS OF MISSISSIPPI, June 20, 2006, Decided
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Overview: Appellate court affirmed a dismissal by the trial court of an inmate's petition for relief following the denial of his request for parole, but did so on different grounds than the trial court; the appellate court held the petition was to be dismissed because the Parole Board was not named as party to the complaint.
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| Pena v. State, NO. 2004-KA-02366-COA,
COURT OF APPEALS OF MISSISSIPPI, June 20, 2006, Decided
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Overview: Defendant's conviction for two counts of selling a controlled substance was affirmed as the trial court did not abuse its discretion by allowing an officer testify as to a prior drug sale as it went to motive and intent as required by Miss. R. Evid. 404(b) was accompanied by a limiting instruction and passed muster under Miss. R. Evid. 403.
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| Pollard v. State, NO. 2004-KA-01700-COA,
COURT OF APPEALS OF MISSISSIPPI, June 20, 2006, Decided
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Overview: Defendant's conviction of larceny of timber under Miss. Code Ann. § 97-17-59(2) was reversed because use of the word "or" instead of "and" in jury instruction allowed him to be convicted upon proof that he merely cut the property owner's timber or authorized his employees to cut her timber.
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| Pounds v. Miss. Dep't of Health, NO. 2004-CA-01864-COA,
COURT OF APPEALS OF MISSISSIPPI, June 20, 2006, Decided
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Overview: Patient's medical malpractice and wrongful death action against the Mississippi Department of Health (MDH) was time-barred under Miss. Code Ann. § 11-46-11(3) because the alleged improper prenatal care occurred no later than August 6, 1999, the last date the patient was treated, and MDH did not receive notice of claim until October 24, 2000.
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