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| Henry v. Miss. Dep't of Empl. Sec., NO. 2006-CC-01129-COA,
COURT OF APPEALS OF MISSISSIPPI, July 31, 2007, Decided
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Overview: Substantial evidence supported the decision to deny a former prison employee unemployment benefits where the warden's testimony showed, inter alia, that she had allowed inmates to take items out of the kitchen and she had brought unauthorized items into the prison, thereby showing that she had committed misconduct.
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| King v. State, NO. 2005-KA-02234-COA,
COURT OF APPEALS OF MISSISSIPPI, July 31, 2007, Decided
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Overview: Continuance was not warranted in a capital murder case because defense counsel was aware of one witness before trial and failed to issue a subpoena; as to a second witness, defendant's rights under the Sixth Amendment and Miss. Const. art. 3, § 26 were not violated since there was no colorable need for the presence of the witness.
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| McClendon v. Hudson (In re Estate of Hudson), NO. 2006-CA-01046-COA,
COURT OF APPEALS OF MISSISSIPPI, July 31, 2007, Decided
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Overview: Decedent's grandson sought to reopen the decedent's estate. The grandson also sought an accounting. Two-year statute of limitations was not tolled, pursuant to Miss. Code Ann. § 91-7-309, because grandson failed to plead fraud with particularity, as required by Miss. R. Civ. P. 9(b).
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| Moore v. State, NO. 2006-CP-01544-COA,
COURT OF APPEALS OF MISSISSIPPI, July 31, 2007, Decided
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Overview: Where appellant entered a guilty plea to possession of cocaine with intent and possession of cocaine, Miss. Code Ann. § 47-5-1003 did not render him ineligible for intensive supervision. The trial court's imposition of a twenty-five year sentence in intensive supervision was not illegal. He was not entitled to post-conviction relief.
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| Mosby v. Mosby, NO. 2006-CA-00339-COA,
COURT OF APPEALS OF MISSISSIPPI, July 31, 2007, Decided
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Overview: Partition under Miss. Code Ann. § 11-21-3 was granted to a former wife where a former husband conveyed his one-half interest in a martial residence to his new wife, but retained a life estate. This use and occupancy of the property was contrary to the terms of the divorce decree.
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| Parmley v. Pringle, NO. 2006-CA-00017-COA,
COURT OF APPEALS OF MISSISSIPPI, July 31, 2007, Decided
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Overview: In a legal malpractice action, trial court erred in dismissing complaint because client's first complaint was not properly served, but a second complaint was filed after statute of limitations was tolled pursuant to Miss. R. Civ. P. 4(h).
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| Suddith v. Univ. of S. Miss., NO. 2005-CA-02130-COA,
COURT OF APPEALS OF MISSISSIPPI, July 31, 2007, Decided
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Overview: Summary judgment was properly granted on former professor's 1) § 1983 claims since his due process rights were not violated as he had no property interest in continued employment at university and his equal protection claim failed as he was not treated differently than similarly situated faculty; and 2) state-law tort and breach of contract claims.
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| Swaney v. Swaney, NO. 2006-CA-01558-COA,
COURT OF APPEALS OF MISSISSIPPI, July 31, 2007, Decided
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Overview: Where a former wife had an opportunity to litigate the issue of personal jurisdiction in Ohio in a divorce case, but failed to appear after requesting a continuance, her collateral attack on the divorce judgment entered in Ohio was barred under the doctrine of res judicata.
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| Young v. State, NO. 2005-KP-01690-COA,
COURT OF APPEALS OF MISSISSIPPI, July 31, 2007, Decided
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Overview: Defendant's conviction of carjacking under Miss. Code Ann. § 97-3-117(1) was affirmed because statute did not require that victim be physically inside the car and evidence showed that victim had her keys in her hand when defendant approached, defendant demanded the keys from her, snatched them out of her hand, and drove off.
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