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| Bedford Care Ctr. v. Kirk, NO. 2005-CC-00654-COA,
COURT OF APPEALS OF MISSISSIPPI, August 8, 2006, Decided
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Overview: A finding that the employee had not engaged in misconduct while on the job in an action concerning the denial of unemployment benefits was improper because the record supported the denial. The employee's testimony showed that she did not return to work after November 21, 2003, and did not provide her employer with a doctor's excuse.
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| Brown v. State, NO. 2005-CP-00908-COA,
COURT OF APPEALS OF MISSISSIPPI, August 8, 2006, Decided
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Overview: An inmate was not denied effective assistance of counsel as the record showed that the inmate informed the court that he had discussed with his counsel all facts and circumstances relating to the crimes with which he was charged, and all elements of the crime and all facts that might aid in his defense.
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| Cunningham Enters. v. Vowell, NO. 2005-WC-01261-COA,
COURT OF APPEALS OF MISSISSIPPI, August 8, 2006, Decided
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Overview: Where the Mississippi Workers' Compensation Commission had issued no final order, the circuit court was without jurisdiction to hear an employer's appeal of the Commission's order dismissing the employer's appeal of an administrative law judge's decision granting the employee's motion to compel medical benefits.
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| Dozier v. State, NO. 2005-CP-01209-COA,
COURT OF APPEALS OF MISSISSIPPI, August 8, 2006, Decided
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Overview: Although prisoner, who pled guilty in 1984 to possession of more than one ounce of marijuana with intent to sell, argued that his sentence in 1984 was illegally lenient in that as a prior felon he should not have had any part of the sentence suspended, the appellate court declined to review the state of the law in 1984 on sentencing.
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| Easy Reach, Inc. v. Hub City Brush, Inc., NO. 2005-CA-00952-COA,
COURT OF APPEALS OF MISSISSIPPI, August 8, 2006, Decided
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Overview: Chancery court erred in awarding judgment to a family-owned business in action by plaintiff and his company to void a noncompetition clause that barred the company from manufacturing its own brushes where the clause was not limited as to either duration or location; terms of clause forever barred the company from engaging in manufacture of brushes.
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| Estate of Beckley v. Beckley, NO. 2005-CA-00580-COA,
COURT OF APPEALS OF MISSISSIPPI, August 8, 2006, Decided
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Overview: Order awarding $ 30,000 to a testator's brother was upheld because there was a presumption that the testator's nephew, who had power of attorney, exercised undue influence over the testator and wrongfully redeemed certificates of deposit; the funds were put back into the certificates of deposit as they were before nephew used the power of attorney.
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| Franklin v. Winter, NO. 2005-CA-00082-COA,
COURT OF APPEALS OF MISSISSIPPI, August 8, 2006, Decided
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Overview: Modification of a child custody order to the father was affirmed because as the mother had moved to another state and as the trial court found it was in the child's best interest for primary custody to be granted to her father, the appellate court could not state that the finding was clearly erroneous.
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| Graham v. State, NO. 2004-KA-01466-COA,
COURT OF APPEALS OF MISSISSIPPI, August 8, 2006, Decided
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Overview: Defendant's convictions for two counts of the sale of a controlled substance were proper because an amendment to her indictment served only to aid her since the sale of a Schedule III substance was penalized less severely than the sale of a Schedule II substance under Miss. Code Ann. § 41-29-139(b) (Rev. 2005).
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| Harris v. State, NO. 2005-CP-01325-COA,
COURT OF APPEALS OF MISSISSIPPI, August 8, 2006, Decided
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Overview: The denial of the inmate's petition for postconviction relief was appropriate because there was no confusion as to his understanding of his plea and sentence. The sworn petition to enter a plea of guilty showed that he knew he was charged with capital murder which carried a minimum sentence of life in prison and a maximum sentence of death.
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| Hayes v. State, NO. 2005-CP-01409-COA,
COURT OF APPEALS OF MISSISSIPPI, August 8, 2006, Decided
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Overview: The denial of an inmate's motion for postconviction relief was proper because his counsel was not ineffective. Counsel had filed for the inmate to undergo a mental examination and further took the inmate's mental condition into consideration when asking for a lenient sentence.
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