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| Long v. State, NO. 2004-KA-01794-COA,
COURT OF APPEALS OF MISSISSIPPI, July 18, 2006, Decided
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Overview: Sufficient evidence supported defendant's conviction for receiving stolen property, a truck, in violation of Miss. Code Ann. § 97-17-70(1) as defendant bought the $35,000 truck for $12,000, was not given any paperwork, bill of sale or title, and did not purchase a tag or insurance for the truck.
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| McCoy v. City of Florence, NO. 2005-CA-00803-COA,
COURT OF APPEALS OF MISSISSIPPI, July 18, 2006, Decided
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Overview: In wrongful death action, city was properly granted summary judgment under Miss. R. Civ. P. 56(c) because court could not find that officer recklessly disregarded passengers' safety when pursuing driver of their vehicle. Evidence showed, inter alia, that pursuit lasted for matter of minutes over five miles and did not occur on residential street.
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| Moss v. State, NO. 2005-CP-00689-COA,
COURT OF APPEALS OF MISSISSIPPI, July 18, 2006, Decided
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Overview: The dismissal of the inmate's motion for postconviction relief without a hearing was proper pursuant to Miss. Code Ann. § 99-11-19 because jurisdiction was proper in the county at issue even though the victim's ultimate death might have not occurred there since the commission of his crimes began in that county.
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| Pearson v. State, NO. 2005-CA-00752-COA,
COURT OF APPEALS OF MISSISSIPPI, July 18, 2006, Decided
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Overview: Denial of the inmate's motions for postconviction relief and to expand the record were affirmed because there was no evidence that the inmate's plea was not knowing and voluntary. Inmate had not established that he was entitled to assistance from a physician for his postconviction motion or that an evidentiary hearing was required.
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| Schwartz v. Hynum, NO. 2004-CA-02530-COA,
COURT OF APPEALS OF MISSISSIPPI, July 18, 2006, Decided
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Overview: Trial court erred in denying doctor's New Mexico judgment full faith and credit where, under Miss. Code Ann. § 11-7-305(3) and U.S. Const. art. IV, § 1, attorney's response to judgment was filed outside twenty-day limit. Attorney was bound by foreign court's finding of personal jurisdiction and could not attack matter in collateral proceeding.
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| Smith v. State, NO. 2005-CP-01137-COA,
COURT OF APPEALS OF MISSISSIPPI, July 18, 2006, Decided
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Overview: Appellate court affirmed a dismissal of an inmate's petition for post-conviction relief because the plea petition specifically advised the inmate of the rights he was giving up by pleading guilty, and the inmate was also told by the judge that he had an absolute right not to testify if he went to trial.
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| Smith v. State, NO. 2004-CA-01194-COA,
COURT OF APPEALS OF MISSISSIPPI, July 18, 2006, Decided
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Overview: The dismissal of the inmate's motion for postconviction relief was proper because Miss. Code Ann. § 99-39-5(2) began to run from the date of the judgment of conviction, which was entered at his sentencing hearing on June 12, 2000. Therefore, when he filed his motion for postconviction relief on February 11, 2004, it was time-barred.
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| Steen v. State, NO. 2005-CP-00650-COA,
COURT OF APPEALS OF MISSISSIPPI, July 18, 2006, Decided
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Overview: Appellate court affirmed the denial of an inmate's petition for post-conviction relief as the inmate was properly advised before pleading guilty, he was not deprived of effective assistance of counsel, and his 30 year sentence for armed robbery with 15 years suspended was proper under Miss. Code Ann. § 97-3-79.
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| Tillman v. State, NO. 2005-KA-01260-COA,
COURT OF APPEALS OF MISSISSIPPI, July 18, 2006, Decided
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Overview: Defendant's convictions for sexual battery and fondling of a child were appropriate because his right to a public trial under Miss. Const. art. 3, § 26 was not violated. The requirement of the victim to testify to potentially embarrassing or emotionally disturbing facts was within the category of instances in which public exclusion was appropriate.
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| Tutor v. State, NO. 2005-KA-00495-COA,
COURT OF APPEALS OF MISSISSIPPI, July 18, 2006, Decided
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Overview: Defendant's murder conviction was appropriate under Miss. Unif. Cir. & Cty. R. 9.06 even though a second competency hearing was not held because there was sufficient evidence, from a letter and from defendant's testimony, from which the trial court could have determined that defendant was competent to stand trial.
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