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   State Courts - Mississippi - June 14 - June 15, 2007

  
Burrows v. State, NO. 2005-KA-01619-SCT, SUPREME COURT OF MISSISSIPPI, June 14, 2007, Decided
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Overview: Defendant was properly convicted of sexually battery by digital penetration, Miss. Code Ann. §§ 97-3-95 and -97, where sufficient proof showed that defendant was provided notice that he was being charged with sexual battery and the variance between the language of the indictment and proof at trial was not a fatal error, Miss. Const. art. 3, § 26.

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Estate of Beckley v. Beckley, NO. 2005-CT-00580-SCT, SUPREME COURT OF MISSISSIPPI, June 14, 2007, Decided
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Overview: Pursuant to Miss. Code Ann. § 91-7-237, an estate executor stepped into the decedent's shoes in prosecuting an action against the decedent's nephew for unlawfully withdrawing funds; thus, the executor was entitled to the same remedy due the decedent had he been alive at judgment, and the appropriate remedy was to return proceeds of suit to estate.

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Hood ex rel. State Tobacco Litigation v. State, NO. 2006-SA-01088-SCT, SUPREME COURT OF MISSISSIPPI, June 14, 2007, Decided
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Overview: Order directing that $ 20 million per year be taken from annual tobacco settlement payments and deposited into partnership account, which was created to reduce underage smoking, was void ab initio as it violated state law and settlement agreement. Partnership was ordered to pay over all remaining funds derived from that order to state trust fund.

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In re City of Brookhaven, NO. 2004-AN-01641-SCT, SUPREME COURT OF MISSISSIPPI, June 14, 2007, Decided
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Overview: Chancery court properly determined that city's annexation of its neighbors into its boundaries was reasonable under Miss. Code Ann. § 21-1-33 where city had spilled over into proposed annexation area (PAA) and was continuing to expand into the county. Unregulated development in the PAA was putting a strain on utilities and other municipal services.

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Smith v. D's, LLC, NO. 2006-CA-00024-SCT, SUPREME COURT OF MISSISSIPPI, June 14, 2007, Decided
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Overview: An employee's sexual assault claim against another employee of a restaurant neither pertained to nor had a connection with the employee's employment; thus, the sexual assault claim against the restaurant was not within the scope of the arbitration agreement and the case was remanded to the trial court for a full trial on the merits of the case.

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Young v. Stevens, NO. 2007-EC-00986-SCT, SUPREME COURT OF MISSISSIPPI, June 15, 2007, Decided
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Overview: Candidate for county supervisor was a resident of another county, and thus ineligible for office under residency requirements of Miss. Const. art. VI, § 176 and Miss. Code Ann. § 19-3-3 because there was no showing that he maintained a permanent residence in the county of his candidacy, notwithstanding his various contacts in that county.

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