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| Cochran v. State, NO. 2006-CP-01364-COA,
COURT OF APPEALS OF MISSISSIPPI, July 24, 2007, Decided
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Overview: With respect to defendant who pleaded guilty to incest under Miss. Code Ann. § 97-29-5, a day-for-day 10-year sentence and $10,000 fine did not exceeded the statutory maximum because he was not eligible for parole or for earned time allowance, and the fine was authorized under Miss. Code Ann. § 99-19-32(1).
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| Craft v. State, NO. 2005-KA-02187-COA,
COURT OF APPEALS OF MISSISSIPPI, July 24, 2007, Decided
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Overview: Defendant's murder conviction under Miss. Code Ann. § 97-3-19(a)(1) was appropriate because there was sufficient evidence enabling the jury to find that, before defendant slashed the victim's throat, he had an appreciable time to plan, and did in fact plan, to kill her.
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| Jackson v. State, NO. 2005-KA-02368-COA,
COURT OF APPEALS OF MISSISSIPPI, July 24, 2007, Decided
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Overview: Evidence was sufficient to convict defendant of armed carjacking given eyewitness identification testimony. Counsel was not ineffective for failing to object to admission of defendant's T-shirt and gun as it was relevant, Miss. R. Evid. 403, and failure to object was reasonable trial strategy. Chain of custody was established, Miss. R. Evid. 901.
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| Lankford v. Rent-A-Center, Inc., NO. 2006-WC-00714-COA,
COURT OF APPEALS OF MISSISSIPPI, July 24, 2007, Decided
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Overview: A modified award of TTD benefits was appropriate in a case where a benefits claimant injured his arm because the time following surgery was the only time that the injury prevented him from earning wages; but for his unrelated firing, the claimant could have been working.
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| McNair v. Clark, NO. 2005-CA-01826-COA,
COURT OF APPEALS OF MISSISSIPPI, July 24, 2007, Decided
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Overview: Mother was not entitled to child support increase because the increase in the age of the parties' children, standing alone, was insufficient to show a material change in circumstances; the mother failed to show that an increase in the children's expenses was unforeseeable when the parties' previously stipulated to the amount of support.
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| Nofsinger v. Irby, NO. 2006-CA-01344-COA,
COURT OF APPEALS OF MISSISSIPPI, July 24, 2007, Decided
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Overview: Summary judgment was properly granted to an owner in a negligence case because, no matter if an injured party was an employee, an independent contractor, or a business invitee, he appreciated or should have appreciated risk of using a table saw without safety equipment; his assumption of that risk absolved the owner of liability for an eye injury.
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| Rayborn v. State, NO. 2005-KA-01375-COA,
COURT OF APPEALS OF MISSISSIPPI, July 24, 2007, Decided
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Overview: In defendant's trial for burglary, the trial court did not err in allowing the State to amend indictment to include charge that defendant was habitual offender because the amendment was not a surprise to defendant, and it did not result in prejudice. The amendment was permissible under Miss. Unif. Cir. & Cty. R. 7.09.
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| Williams v. Estate of Cheeks, NO. 2006-CA-01055-COA,
COURT OF APPEALS OF MISSISSIPPI, July 24, 2007, Decided
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Overview: Two nieces challenged a chancellor's decision that their deceased aunt's will was valid. Chancellor did not err in finding the will was valid because niece who had cared for decedent overcame presumption of undue influence.
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