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| Bailey v. State, NO. 2004-KA-00640-COA,
COURT OF APPEALS OF MISSISSIPPI, June 27, 2006, Decided
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Overview: While trial court erred in murder trial by allowing store clerk's hearsay testimony, it was harmless because the only testimony of that witness that was prejudicial to defendant was admissible. Also, while detective should not have been permitted to testify as to result of DNA study, it was harmless because an expert also testified as to results.
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| Bowie v. State, NO. 2005-CP-00345-COA,
COURT OF APPEALS OF MISSISSIPPI, June 27, 2006, Decided
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Overview: Pursuant to Miss. Code Ann. § 99-39-23(6), defendant's first attempt at post-conviction relief was properly denied and was the final judgment. Defendant's second attempt was barred as alleged new evidence was not appropriate under the facts presented as they were known at the time of his first petition for post-conviction relief.
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| Burns v. State, NO. 2005-CP-01656-COA,
COURT OF APPEALS OF MISSISSIPPI, June 27, 2006, Decided
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Overview: Pursuant to Miss. Code Ann. § 99-39-5, defendant's argument that sentence violated law would be proper under post-conviction relief procedures, and if he had questions regarding confusion about system of incarceration, relief could be sought through Department of Corrections. It was proper to convert pleading into motion for post-conviction relief.
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| Cooperwood v. State, NO. 2005-KA-00235-COA,
COURT OF APPEALS OF MISSISSIPPI, June 27, 2006, Decided
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Overview: Where defendant shot a victim in the back during a fight outside a bar, he was convicted by a jury of aggravated assault and possession of a firearm by a convicted felon. The appellate court agreed with counsel's assertion that there were no arguable issues supporting an appeal.
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| Dotts v. Pat Harrison Waterway Dist., NO. 2004-CA-02279-COA,
COURT OF APPEALS OF MISSISSIPPI, June 27, 2006, Decided
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Overview: Waterway district was immune from liability under Miss. Code Ann. § 11-46-9 in a wrongful death case because its discretionary decisions regarding the operation of a swimming facility were grounded in public policy, there was inadequate proof regarding knowledge of a missing buoy and signs, and there could have been other causes of a drowning.
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| Hull v. State, NO. 2005-CP-00271-COA,
COURT OF APPEALS OF MISSISSIPPI, June 27, 2006, Decided
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Overview: An inmate's petition for post-conviction relief was denied under Miss. Code Ann. 99-39-11 because a transcript of a plea hearing failed to establish that counsel induced him into pleading guilty; there was a strong presumption of the validity of the statements made by the inmate during the actual plea hearing.
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| Jackson v. State, NO. 2003-KA-01508-COA,
COURT OF APPEALS OF MISSISSIPPI, June 27, 2006, Decided
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Overview: Evidence was sufficient to convict defendant of murder because 1) his hypotheses that the automatic weapon was not in his possession during the murder were conflicting and unreasonable; and 2) expert testimony adduced at trial established that fingerprint, blood spatter, and gunshot residue evidence would not necessarily be produced by the murder.
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| Lyons v. State, NO. 2004-KA-02268-COA,
COURT OF APPEALS OF MISSISSIPPI, June 27, 2006, Decided
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Overview: The evidence was sufficient to convict defendant of armed robbery, in violation of Miss. Code Ann. § 97-3-79 (Rev. 2000), where a bank teller testified that she believed that defendant had a weapon, that his note indicated that he had a gun, and that she was in fear for her life. Hence, defendant was not entitled to a new trial.
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| Martin v. Rankin Circle Apts., NO. 2004-CA-02216-COA,
COURT OF APPEALS OF MISSISSIPPI, June 27, 2006, Decided
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Overview: A grant of summary judgment against the decedent's heirs in their premises liability and wrongful death action was appropriate because it was evident that the decedent was fully cognizant of the developing dangers around him and that the corporation did not "put in motion" the events leading up to the shooting.
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| McKlemurry v. State, NO. 2004-KA-02362-COA,
COURT OF APPEALS OF MISSISSIPPI, June 27, 2006, Decided
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Overview: State proved that defendant knowingly possessed the drugs in question and committed a felony according to Miss. Code Ann. § 41-29-139; language "unwillingly, unlawfully, feloniously" in indictment was mere surplusage. Defendant's proposed instruction was properly denied as it would not assist jury. Probable cause was established for search warrant.
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