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| Alexander v. Greer, NO. 2005-CA-01511-COA,
COURT OF APPEALS OF MISSISSIPPI, June 26, 2007, Decided
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Overview: In a negligence case, a trial court erred by excluding a post-accident eye doctor visit from evidence; although this was a subsequent remedial measure covered by Miss. R. Evid. 407, an exception for impeachment existed. Moreover, Miss. R. Evid. 403 did not warrant the exclusion of the evidence either since a driver's credibility was paramount.
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| Anderson v. Anderson, NO. 2006-CA-00386-COA,
COURT OF APPEALS OF MISSISSIPPI, June 26, 2007, Decided
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Overview: Because two minor children were old enough to express their preference under Miss. Code Ann. § 93-11-65, a chancery court erred by dismissing a mother's custody modification request prior to hearing from the children; this would have been a main source of evidence regarding whether or not there was a substantial change of circumstances.
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| Ausbon v. State, NO. 2006-CP-00760-COA,
COURT OF APPEALS OF MISSISSIPPI, June 26, 2007, Decided
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Overview: A motion for post-conviction relief was denied in a case where an inmate sought a clarification of a sentence because, even though he might not have been entitled to a suspended sentence due to his status as a convicted felon, there was no prejudice since he benefitted from this lenient sentence.
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| Cain v. Cain, NO. 2005-CA-00251-COA,
COURT OF APPEALS OF MISSISSIPPI, June 26, 2007, Decided
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Overview: A motion for a directed verdict was properly granted in a breach of contract case because a covenant not to hire employees was ambiguous in nature; it was impossible to tell if the covenant embraced all past, present, or future employees. Therefore, it constituted an unreasonable restraint on trade.
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| Estate of Wheeler v. Fikes, NO. 2005-CA-01614-COA,
COURT OF APPEALS OF MISSISSIPPI, June 26, 2007, Decided
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Overview: Voiding of a deed from a wife to her husband and from the husband to the purchaser was proper because the purchaser failed to show that he acted in good faith and was without notice of an adverse interest in the property. There was evidence that the husband abused his wife; the purchaser should have inquired how the husband obtained the property.
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| Finn v. State, NO. 2006-CA-00393-COA,
COURT OF APPEALS OF MISSISSIPPI, June 26, 2007, Decided
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Overview: Because a prosecutor had no discretion regarding the unit of measurement used in prosecuting drug cases under Miss. Code Ann. § 41-29-313(2)(c)(ii), a motion for post-conviction relief should have been granted because a sentence imposed was illegal where an inmate had 180 tablets that weighed above the requisite number of grams.
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| Harvey v. State, NO. 2006-CP-00553-COA consolidated with NO. 2006-CP-00585-COA,
COURT OF APPEALS OF MISSISSIPPI, June 26, 2007, Decided
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Overview: Summary dismissal of two petitions for post-conviction relief was appropriate because the State met its burden of showing that an inmate was a habitual offender under Miss. Code Ann. § 99-19-81 since one exhibit introduced during sentencing contained pen packs with convictions from Tennessee, Illinois, and the United States government.
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| Holmes v. Holmes, NO. 2005-CA-01711-COA,
COURT OF APPEALS OF MISSISSIPPI, June 26, 2007, Decided
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Overview: A minor child's preference under Miss. Code Ann. § 93-11-65 was not the only factor considered by a chancery court when it modified custody to allow the oldest of two children to live with his father; the mother had slapped the child, she spied on the father with the children, and she was diagnosed with a borderline personality disorder.
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| Jefferson v. State, NO. 2006-CP-00492-COA,
COURT OF APPEALS OF MISSISSIPPI, June 26, 2007, Decided
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Overview: A motion for post-conviction relief was properly dismissed based on an allegation that an illegal sentence of house arrest under Miss. Code Ann. § 47-5-1003 was imposed due to an inmate's prior convictions because the inmate had benefitted from this error.
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| Knight v. State, NO. 2005-CP-00110-COA,
COURT OF APPEALS OF MISSISSIPPI, June 26, 2007, Decided
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Overview: The denial of an inmate's motion for postconviction relief was proper because the judge's failure to explain each right during the plea hearing was not fatal to the voluntariness of the inmate's plea. The trial court determined that the inmate understood the video and plea petition and he thus made a knowing waiver of his constitutional rights.
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