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| Beasnett v. Arledge, NO. 2005-CA-00228-COA,
COURT OF APPEALS OF MISSISSIPPI, July 18, 2006, Decided
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Overview: Because the voluntary termination of father's parental rights under Miss. Code Ann. § 93-15-103(3)(a) extinguished his obligation to pay child support, a mother and child were not able to later recover support after 1984; however, a chancellor did not err by setting an eight percent interest rate on the amounts due under Miss. Code Ann. § 75-17-7.
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| Beckham v. GMC, NO. 2004-CA-02275-COA,
COURT OF APPEALS OF MISSISSIPPI, July 18, 2006, Decided
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Overview: Judgment entered in favor of the manufacturer was affirmed because the driver had not established that the trial court abused its discretion, or that the driver was prejudiced, by the trial court's decision to limit testimony from the driver's expert. The expert was not allowed to testify about the inner workings of the air bag mechanism.
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| Brooks v. Stone Architecture, P.A., NO. 2004-CA-00919-COA,
COURT OF APPEALS OF MISSISSIPPI, July 18, 2006, Decided
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Overview: A grant of summary judgment in favor of the company and subcontractors in the students' and teachers' action for the alleged fear of future disease due to asbestos exposure was proper where no genuine issue of material fact existed as to the evidence required to show a rational basis for the fear of future disease.
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| Cotton v. State, NO. 2004-KA-02161-COA,
COURT OF APPEALS OF MISSISSIPPI, July 18, 2006, Decided
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Overview: Defendant's murder conviction under Miss. Code Ann. § 97-3-19(1)(a) was upheld because defendant's manslaughter instruction was properly rejected; photographs of victim were properly admitted, as they were not overly gruesome and they had evidentiary value; and defendant's motion for directed verdict and motion for new trial were properly denied.
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| Davis v. State, NO. 2005-KA-00604-COA,
COURT OF APPEALS OF MISSISSIPPI, July 18, 2006, Decided
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Overview: In a sexual battery case, Miss. Code Ann. § 97-3-95, the weight of the evidence supported defendant's convictions because a doctor testified that she found lacerations to the victim's rectum consistent with molestation, and witnesses testified that the victim told them that defendant molested him.
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| Estate of Finley v. Beverly Health & Rehab. Servs., NO. 2005-CA-00060-COA,
COURT OF APPEALS OF MISSISSIPPI, July 18, 2006, Decided
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Overview: In a tort suit filed against a nursing home and licensees following the death of a patient, the estate failed to provide sufficient responses to a request for admissions concerning the standard of care. Under Miss. R. Civ. P. 36, the deemed admissions established that the caregivers did not deviate from the standard of care in treating the patient.
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| Hargrove v. State, NO. 2004-CP-01702-COA,
COURT OF APPEALS OF MISSISSIPPI, July 18, 2006, Decided
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Overview: Because separate judgments were rendered in three causes, defendant was procedurally barred, pursuant to Miss. Code Ann. § 99-39-9(2) (Supp. 2005), from challenging the validity of his guilty pleas to two charges in his motion for postconviction relief where the motion only concerned his conviction by a jury for possession of marijuana.
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| Herring Gas Co. v. Miss. Empl. Sec. Comm'n, NO. 2004-CC-01765-COA,
COURT OF APPEALS OF MISSISSIPPI, July 18, 2006, Decided
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Overview: Decision of the circuit court that dismissed the employer's appeal because the employer did not file a timely administrative appeal as required by Miss. Code Ann. § 71-5-517 was affirmed. It was undisputed that the employer failed to file his administrative appeal within 14 days and there was no good cause for the delay.
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| Judge v. State, NO. 2005-CP-00975-COA,
COURT OF APPEALS OF MISSISSIPPI, July 18, 2006, Decided
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Overview: A trial court properly denied defendant's motion for postconviction relief to clarify his sentence because his motion was filed well beyond the three-year statute of limitations in Miss. Code Ann. § 99-39-5; because defendant's motion collaterally attacked his sentence, it fell under the Mississippi Uniform Postconviction Collateral Relief Act.
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| Lander v. Singing River Hosp. Sys., NO. 2004-CA-02345-COA,
COURT OF APPEALS OF MISSISSIPPI, July 18, 2006, Decided
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Overview: A finding in favor of the hospital in the patient's action under the Mississippi Tort Claims Act, Miss. Code Ann. §§ 11-46-1 through 11-46-23, was appropriate because the patient had failed to prove that the treatment he received was the proximate cause of his alleged injuries.
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