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| In re Establishing the Miss. Access to Justice Comm'n, No. 89-R-99032-SCT,
SUPREME COURT OF MISSISSIPPI, June 28, 2006, Decided
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Overview: Pursuant to the authority granted to it by Miss. Const. art. 6, § 144, the state supreme court established the Mississippi Access to Justice Commission to ensure that all persons of the state had equal access to justice within the state without regard to economic status.
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| A&F Props., LLC v. Madison County Bd. of Supervisors, NO. 2004-CC-02302-SCT,
SUPREME COURT OF MISSISSIPPI, June 29, 2006, Decided
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Overview: Because a contract unambiguously required an owner to maintain property as a golf course for 10 years, a request to use the property otherwise was premature. Until that time period ended, an appellate court had no authority to issue an advisory opinion on the matter.
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| Bayer Corp. v. Reed, NO. 2004-IA-01968-SCT,
SUPREME COURT OF MISSISSIPPI, June 29, 2006, Decided
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Overview: While the state supreme court held that Miss. Code Ann. § 11-11-51 did not require a company to produce an affidavit from a county resident in its motion to change venue stating that the company could not receive a fair trial, the denial of the motion was affirmed as no evidence existed that the company could not receive a fair trial.
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| Bennett v. McCaffrey, NO. 2005-IA-00277-SCT,
SUPREME COURT OF MISSISSIPPI, June 29, 2006, Decided
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Overview: In personal injury action arising out of four-car accident, trial court did not abuse its discretion in denying motorist's motion to dismiss other driver's complaint, pursuant to Miss. R. Civ. P. 4, because driver made diligent attempts to serve motorist, and she showed good cause for why extensions should be granted.
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| Flowers v. State, NO. 2004-DP-00738-SCT,
SUPREME COURT OF MISSISSIPPI, June 29, 2006, Decided
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Overview: Trial court erred in denying Batson challenges regarding two jurors and, while other rulings were not clearly erroneous, they were highly suspect given the trial judge's statement implying that the State could apply answers of other jurors to the instant juror to support the challenge.
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| J.E.W. v. T.G.S., NO. 2004-CA-02458-SCT,
SUPREME COURT OF MISSISSIPPI, June 29, 2006, Decided
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Overview: Chancery court did not err in refusing to grant mother an automatic ten-day stay under Miss. R. App. P. 8(b)(5). There was no remaining issue as to the chancery court affording full faith and credit to the South Carolina orders granting custody of child to father as those proceedings had been dismissed, and Mississippi court entered final judgment.
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| J.P.M. v. T.D.M., NO. 2005-CA-00320-SCT,
SUPREME COURT OF MISSISSIPPI, June 29, 2006, Decided
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Overview: Husband, who blood testing proved was not the child's father, was properly awarded custody of the child in divorce action because he was established as her legal father at the time of her birth and he supported the child under that assumption without challenge for several years; husband and child had strong relationship.
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| Rush v. Rush, NO. 2004-CT-00260-SCT,
SUPREME COURT OF MISSISSIPPI, June 29, 2006, Decided
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Overview: The trial court had to provide clarity and explanation as to its judgment awarding monthly child support from the father to the mother in the amount of $400, and enter a new judgment as to the physical custody and child support issues; the trial court specified visitation for the mother which did not comply with Miss. Code Ann. § 93-5-24.
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| Shumpert v. State, NO. 2004-KA-02533-SCT,
SUPREME COURT OF MISSISSIPPI, June 29, 2006, Decided
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Overview: Evidence was sufficient to support defendant's manslaughter by culpable negligence conviction because he admitted hitting the victim; jury could have determined that events constituted criminal negligence because defendant stated he did not intend to kill victim, but hit him and left him lying on street without medical attention after the attacks.
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