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   State Courts - Mississippi - June 19, 2007

  
Bailey v. State, NO. 2005-KA-02109-COA, COURT OF APPEALS OF MISSISSIPPI, June 19, 2007, Decided
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Overview: Evidence was sufficient to convict defendant of murder, Miss. Code Ann. § 97-3-19(1)(a), as (1) wife identified defendant from a photographic lineup and in-court as the last person she saw with the victim; (2) defendant's friend identified defendant as the killer; and (3) victim's cause of death was stab wounds and friend saw defendant stab victim.

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Berry v. State, NO. 2006-KA-00216-COA, COURT OF APPEALS OF MISSISSIPPI, June 19, 2007, Decided
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Overview: Indictment was defective as it failed to (1) place defendant on notice as to whether he was being charged with conspiring to possess precursor chemicals to manufacture drugs under Tenn. Code Ann. § 41-29-313(1)(a)(i), (ii), or (2)(c)(i); and (2) identify precursor chemicals involved. Thus, his conviction for that crime was reversed and rendered.

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H & E Equip. Servs., LLC v. Floyd, NO. 2005-CA-01675-COA, COURT OF APPEALS OF MISSISSIPPI, June 19, 2007, Decided
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Overview: In a case involving breach of contract, computer generated invoices did not meet the standard for admission under Miss. R. Evid. 803(6) where there was no explanation of how they were created or testimony that the reprints were created at or near the time that the charges were incurred for the sale or lease of large equipment.

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Howell v. May, NO. 2005-CA-02259-COA, COURT OF APPEALS OF MISSISSIPPI, June 19, 2007, Decided
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Overview: The setting aside of a decedent's deed to her home to her daughter was proper because the daughter was the only person with the decedent when she reviewed and executed the documents concerning the transfer of her home, and because testimony indicated that the decedent did not understand how the transfer affected the distribution of her estate.

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In re Unif. Rules of Circuit, No. 89-R-99025-SCT, SUPREME COURT OF MISSISSIPPI, June 19, 2007, Decided
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Jones v. State, NO. 2006-KA-00667-COA, COURT OF APPEALS OF MISSISSIPPI, June 19, 2007, Decided
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Overview: Defendant's conviction for attempted felony escape was proper, in part because no confidential information was divulged in the prosecution of defendant that was obtained by the prosecutor during his former representation of defendant. Thus, the denial of defendant's motion for disqualification was appropriate.

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Jones v. State, NO. 2006-KM-00844-COA, COURT OF APPEALS OF MISSISSIPPI, June 19, 2007, Decided
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Overview: Defendant's convictions for driving under the influence, careless driving, and driving without a seat belt were proper because defendant failed to raise any of the issues he complained of on appeal in his motion for a directed verdict or new trial and because the facts of the case provided sufficient evidence to convict.

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Miss. Real Estate Appraiser Licensing & Certification Bd. v. Schroeder, NO. 2005-CC-01600-COA, COURT OF APPEALS OF MISSISSIPPI, June 19, 2007, Decided
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Overview: Because information required under Uniform Standards of Professional Appraisal Practice (USPAP) Rules 1-3 and 2-2, which had been adopted by Miss. Code Ann. § 73-34-7, was missing from appraisals, substantial evidence supported finding that issuing appraiser had violated USPAP and disciplinary decision was not arbitrary and capricious.

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Moody v. State, NO. 2005-CA-01732-COA, COURT OF APPEALS OF MISSISSIPPI, June 19, 2007, Decided
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Overview: Postconviction relief was denied because a plea to a drug charge was voluntarily given where an inmate was informed of the nature of the charge, and his signed and sworn guilty plea petition indicated that the plea was open in nature. Moreover, 14-year sentence under Miss. Code Ann. § 41-29-139 did not violate the Eighth Amendment.

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Putnam v. Epps, NO. 2006-CP-00595-COA, COURT OF APPEALS OF MISSISSIPPI, June 19, 2007, Decided
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Overview: Inmate petitioned for habeas corpus relief, seeking computation of his time to serve; inmate was incarcerated in another jurisdiction, but Mississippi had a detainer on him. Trial court improperly ruled that it did not have jurisdiction because the State had a hold on the inmate; however, the inmate failed to exhaust administrative remedies.

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