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| Carter v. Citigroup, Inc., NO. 2005-CA-00039-SCT,
SUPREME COURT OF MISSISSIPPI, July 20, 2006, Decided
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Overview: Where the debtors filed suit against mortgage and insurance companies for breach of fiduciary duties more than four years after receiving their mortgage loans, the case was barred by the three-year statute of limitations set forth in Miss. Code Ann. § 15-1-49. Fraudulent concealment did not toll the statute of limitations.
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| Chester v. State, NO. 2005-KA-00366-SCT,
SUPREME COURT OF MISSISSIPPI, July 20, 2006, Decided
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Overview: In review of defendant's drug and weapon possession convictions, trial court did not err in accepting State's race-neutral reasons for using peremptory challenges to strike two jurors because one juror had a past incident in the courtroom that indicated distaste for prosecutor and other juror worked across street from defendant's residence.
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| Hannah v. State, NO. 2004-CT-00725-SCT,
SUPREME COURT OF MISSISSIPPI, July 20, 2006, Decided
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Overview: Defendant raised a claim of ineffective assistance of counsel which required a full evidentiary hearing, Miss. Code Ann. § 99-39-23, as there was evidence that may have changed the outcome of a jury trial. The voluntariness and knowledge of defendant's guilty plea were in doubt and had to be addressed in the evidentiary hearing.
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| Heard v. Remy, NO. 2005-CA-01556-SCT,
SUPREME COURT OF MISSISSIPPI, July 20, 2006, Decided
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Overview: In a suit between a passenger and a driver arising out of an accident, trial court did not err in dismissing suit because driver did not waive defenses of insufficiency of process and insufficiency of service of process, process was not completed within 120 days, as required by Miss. R. Civ. P. 4(h), and statute of limitations had expired.
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| Smith v. Crawford, NO. 2004-CT-00257-SCT,
SUPREME COURT OF MISSISSIPPI, July 20, 2006, Decided
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Overview: In a trial arising out of car accident, circuit court did not err in instructing jury to disregard motorist's attorney's improper remark because motorist's counsel made insinuation about other driver's insurance. Although other driver's counsel's statement was that other driver was willing to pay for negligence, this was not reference to insurance.
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| Brown v. State, NO. 2005-KA-00376-COA,
COURT OF APPEALS OF MISSISSIPPI, July 25, 2006, Decided
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Overview: Lesser-included instruction for simple assault was not warranted where no evidence was presented showing the victim's injuries to be less than serious. Pursuant to Miss. Unif. Cir. & County Ct. Prac. R. 7.09, indictment and its amendment was proper. Evidence was sufficient to convict defendant of aggravated assault, Miss. Code Ann. § 97-3-7.
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| Chatman v. State, NO. 2005-KA-00031-COA,
COURT OF APPEALS OF MISSISSIPPI, July 25, 2006, Decided
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Overview: Sufficient evidence existed to convict defendant of depraved heart murder in violation of Miss. Code Ann. § 97-3-19(1)(a) and (b) because, at the very least, defendant shot into a home where people were present.
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| Holman Dealerships, Inc. v. Davis, NO. 2005-CA-00101-COA,
COURT OF APPEALS OF MISSISSIPPI, July 25, 2006, Decided
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Overview: Decision to deny car dealership's motion to compel arbitration against the customer and her son and daughter-in-law was in error because the fraudulent misrepresentation argument went to the merits of the underlying dispute, and claim had to be submitted to arbitration. Son and daughter-in-law were third party beneficiaries and bound to agreement.
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| McBride v. State, NO. 2004-KA-00140-COA,
COURT OF APPEALS OF MISSISSIPPI, July 25, 2006, Decided
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Overview: In a manslaughter case, the prosecutor did not ask the jury to pledge a verdict based on less than reasonable doubt, Miss. Unif. Cir. & Cty. R. 3.05, because the prosecutor explained that the State's burden of proof was beyond a reasonable doubt, and he was also trying to determine that the jury would not base its verdict on sympathy.
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| Parker v. Parker, NO. 2005-CA-00675-COA,
COURT OF APPEALS OF MISSISSIPPI, July 25, 2006, Decided
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Overview: Trial court properly determined a father's alimony obligation as the chancellor applied the Armstrong factors, there was a disparity in the households despite the division of assets and the payment of child support, and the father was allowed to claim his daughter as a tax deduction.
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