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   State Courts - Mississippi - June 26, 2007

  
Myers v. State, NO. 2006-CP-00995-COA, COURT OF APPEALS OF MISSISSIPPI, June 26, 2007, Decided
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Overview: Where an inmate had already filed one post-conviction relief motion raising the same issues, a successive writ was barred under Miss. Code Ann. § 99-39-23(6); moreover, his guilty plea waived any speedy trial issue, and the inmate was not allowed to recast the issue under the guise of ineffective assistance of counsel.

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Robertson v. State, NO. 2006-CP-01477-COA, COURT OF APPEALS OF MISSISSIPPI, June 26, 2007, Decided
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Overview: Post-conviction relief was denied in a case where a plea was entered to burglary of a dwelling under Miss. Code Ann. § 97-17-23 because the record showed that the inmate was indicted for this charge; all charges were contained in the same indictment, all offenses were part of a related series of events, and the inmate admitted to the crime.

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Stringer v. Am. Bankers Ins. Co. of Fla., NO. 2005-CP-01345-COA consolidated with NO. 2000-CT-00496-COA, COURT OF APPEALS OF MISSISSIPPI, June 26, 2007, Decided
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Overview: Where an arrestee filed two actions against a bonding company, two agents, and a surety arising from the revocation of a bail bond, res judicata barred an attempt to revive the first action filed where the second action, which raised identical issues, had been dismissed, and no appeal was filed therefrom under the time in Miss. R. App. P. 4.

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Thomas v. Pub. Employees' Ret. Sys. of Miss., NO. 2005-CC-02184-COA, COURT OF APPEALS OF MISSISSIPPI, June 26, 2007, Decided
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Overview: The denial of nonwork related retirement disability benefits to a state employee was improper because, while the Public Employees' Retirement System of Mississippi Board of Trustees disagreed with the doctors' opinions that the employee had fibromyalgia and could not work, there was no conclusive, substantial evidence contradicting the assertions.

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Welch v. State, NO. 2006-CP-00057-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 probation was revoked because a nolo contendere plea was voluntary under Miss. Unif. Cir. & Cty. R. 8.04(A)(3) since the inmate knew the consequences of his plea; he gave contradictory statements regarding his knowledge of the terms of probation.

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