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| Acy v. Miss. Empl. Sec. Comm'n, NO. 2005-CC-02019-COA consolidated with NO. 2005-CC-02378-COA,
COURT OF APPEALS OF MISSISSIPPI, July 17, 2007, Decided
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Overview: A benefits claimant was eligible for unemployment compensation after her termination from a retail store for one incident of using profanity in the presence of a customer because this did not rise to the level of disqualifying misconduct under Miss. Code Ann. § 71-5-513, even though the conduct might have justified her termination.
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| Chalk v. Bertholf, NO. 2005-CA-01627-COA,
COURT OF APPEALS OF MISSISSIPPI, July 17, 2007, Decided
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Overview: Complaint failed to comply with requirements of Miss. R. Civ. P. 8, as (1) it did not specify which plaintiff was slandered by which defendant, and (2) it did not set forth statements, paraphrased or verbatim, that constituted slander. Allegation that appellees made "slanderous statements" was bare legal conclusion with no support in complaint.
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| Edge v. State, NO. 2006-CP-00012-COA,
COURT OF APPEALS OF MISSISSIPPI, July 17, 2007, Decided
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Overview: Motion for postconviction relief was summarily denied because an inmate failed to show that his original counsel rendered ineffective assistance of counsel by transferring the case due to either a lack of experience or personal reasons; moreover, advice that was given to a family was not ineffective since the inmate was told to plead not guilty.
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| Fair v. Lighthouse Carwash Sys., LLC, NO. 2006-CA-01309-COA,
COURT OF APPEALS OF MISSISSIPPI, July 17, 2007, Decided
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Overview: A trial court erred by dismissing a contract action for lack of jurisdiction based on a forum selection clause that referenced filing cases in Indiana because it was not mandatory in nature; it failed to include clear, unequivocal language expressly prohibiting litigations in forums other than Indiana.
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| Hodgin v. State, NO. 2006-CP-01955-COA,
COURT OF APPEALS OF MISSISSIPPI, July 17, 2007, Decided
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Overview: Court properly denied defendant's petition for production of discovery evidence, records, and trial transcripts where Mississippi Uniform Postconviction Collateral Relief Act did not give prisoner right to institute independent, original action for free transcript, and then if dissatisfied with ruling, to appeal as separate and independent action.
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| Johnson v. State, NO. 2006-CP-00149-COA,
COURT OF APPEALS OF MISSISSIPPI, July 17, 2007, Decided
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Overview: An order denying defendant's third request for postconviction relief was upheld where his appeal was untimely under Miss. R. App. P. 2(a)(1). In addition, defendant failed to provide the appellate court with any facts that would satisfy any of the exceptions to the successive writ bar in Miss. Code Ann. § 99-39-23(6) (Supp. 2006).
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| Lancaster v. Stevens, NO. 2006-CA-00814-COA,
COURT OF APPEALS OF MISSISSIPPI, July 17, 2007, Decided
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Overview: Summary judgment was properly granted to two attorneys in a legal malpractice case because a client was unable to meet the proximate cause element; since sufficient consideration was given at a murder trial to the errors the client was asserting, he was unable to show that "but for" the attorneys' negligence, his appeal would have been successful.
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| Ousley v. State, NO. 2004-KA-01716-COA,
COURT OF APPEALS OF MISSISSIPPI, July 17, 2007, Decided
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Overview: In a murder case, defendant's motion for a continuance on the first day of trial to obtain new counsel was properly denied because defendant's Sixth Amendment right to counsel of his choice was not absolute, the denial of the motion did not result in manifest injustice, and the proposed disqualification of a prosecutor had no bearing on this issue.
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| Siggers v. Epps, NO. 2006-CP-01076-COA,
COURT OF APPEALS OF MISSISSIPPI, July 17, 2007, Decided
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Overview: Inmate's disciplinary complaint should not have been dismissed for lack of jurisdiction because he made a timely filing after exhausting his administrative remedies, as required by Miss. Code Ann. §§ 47-5-803, 47-5-807; a circuit court did not perform its full review function when it determined the inmate's constitutional rights were not violated.
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| Tate v. State, NO. 2006-CP-00757-COA,
COURT OF APPEALS OF MISSISSIPPI, July 17, 2007, Decided
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Overview: A motion for post-conviction relief was denied in a case where an inmate pled guilty to uttering a forgery because a claim that the charge should have been for false pretenses instead was procedurally barred under Miss. Code Ann. § 99-39-21(1) since the issue was not raised in the plea. Despite the bar, the issue was meritless.
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