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   State Courts - Mississippi - August 3, 2006

  
Arceo v. Tolliver, NO. 2005-IA-00652-SCT, SUPREME COURT OF MISSISSIPPI, August 3, 2006, Decided
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Overview: In a medical malpractice suit, trial court erred in not granting hospital's and physician's motion to dismiss because Miss. Code Ann. § 15-1-36(15) (Rev. 2003) required 60-day notice of the intention to bring a medical malpractice suit, which the executrix failed to provide.

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Edmonds v. Edmonds , NO. 2005-CA-01270-SCT, SUPREME COURT OF MISSISSIPPI, August 3, 2006, Decided
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Overview: Father sought to terminate or modify his child support obligations based on his child's incarceration for murder. Under Miss. Code Ann. § 93-5-23, trial court did not abuse its discretion in declining to find child emancipated, but trial court was required to consider request for modification because of changed circumstances.

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Gates v. State, NO. 2005-KA-01059-SCT, SUPREME COURT OF MISSISSIPPI, August 3, 2006, Decided
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Overview: Defendant's conviction for aggravated assault in violation of Miss. Code Ann. § 97-3-7(2)(b) was appropriate because the testimony provided by the victim and another dispelled the argument in support of allowing testimony under Miss. R. Evid. 404(a)(2) to prove a character trait for violence on the part of the victim.

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Ill. Cent. R.R. v. Acuff, NO. 2005-CA-00388-SCT, SUPREME COURT OF MISSISSIPPI, August 3, 2006, Decided
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Overview: A finding against the employer, a railroad, in the employee's asbestos-related claims was appropriate because the employer voluntarily entered into a settlement procedure and the circuit court's findings that the employer was bound by that agreement were based on substantial, credible, and reasonable facts.

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