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| Anthony v. State, NO. 2004-KA-02228-COA,
COURT OF APPEALS OF MISSISSIPPI, August 15, 2006, Decided
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Overview: Defendant's convictions for murder and aggravated assault in violation of Miss. Code Ann. §§ 97-3-19 and 97-3-7(2) were appropriate because there was sufficient evidence from which a jury could have concluded that defendant possessed the gun and shot one of the victims with the gun, without any struggle between the two.
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| Broady v. Miss. State Bd. of Architecture, NO. 2005-CA-00460-COA,
COURT OF APPEALS OF MISSISSIPPI, August 15, 2006, Decided
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Overview: In appeal of decision of Mississippi State Board of Architecture to suspend architect's license, chancery court erred in deciding architect's appeal was untimely because the last day for filing, pursuant to Miss. R. Civ. P. 6(a), was on a Saturday; therefore, the time for filing did not expire until the following Monday.
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| Brown v. State, NO. 2004-KA-00432-COA,
COURT OF APPEALS OF MISSISSIPPI, August 15, 2006, Decided
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Overview: Trial court did not err in failing to suppress statements defendant gave to the police denying any involvement in the murder because the fact that defendant had a low I.Q. was only one factor to consider when determining if his statement was admissible and an expert testified that defendant was able to converse and reason with his attorney.
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| King v. State, NO. 2005-CP-01640-COA,
COURT OF APPEALS OF MISSISSIPPI, August 15, 2006, Decided
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Overview: An order denying defendant's postconviction motion for a new trial or amendment of judgment was overturned and case was remanded for an evidentiary hearing on the motion where it was unclear whether defendant was or was not present when the trial court revoked his probation; the appellate court had no transcript of the probation revocation hearing.
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| McClatchy v. Anthony Farms, NO. 2005-CA-00512-COA,
COURT OF APPEALS OF MISSISSIPPI, August 15, 2006, Decided
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Overview: In sublessee's action to cancel crop lien, chancellor erred in ruling that lien had been lost solely because landowner's counterclaim was brought against sublessee alone and without joinder of sublessors where it was necessary for chancellor to first determine whether there was failure to join bankrupt sublessors or whether joinder would be futile.
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| McFarland v. State, NO. 2004-KA-00416-COA,
COURT OF APPEALS OF MISSISSIPPI, August 15, 2006, Decided
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Overview: Defendant's conviction for armed robbery was appropriate because the store supervisor identified defendant from the surveillance tape of the robbery, an employee and his friend identified the jacket that defendant was wearing as the one the robber was wearing, and defendant was apprehended with the exact items stolen from the store.
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| Moore v. State, NO. 2004-KA-00095-COA,
COURT OF APPEALS OF MISSISSIPPI, August 15, 2006, Decided
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Overview: Sufficient evidence existed to convict defendant of Miss. Code Ann. § 97-3-73 as the jury could infer felonious intent from the circumstances surrounding the crime, and the victim's own testimony under direct examination established that defendant used force to take and carry away the victim's property.
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| Neal v. State, NO. 2004-KA-00669-COA,
COURT OF APPEALS OF MISSISSIPPI, August 15, 2006, Decided
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Overview: Because the information did not sufficiently charge defendant with armed robbery under Miss. Code Ann. § 97-3-79, as it did not charge the overt act as the display of a weapon by another perpetrator and then the shooting of the victim, defendant's armed robbery conviction was reversed, but there was a sufficient charge of simple robbery.
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| Nelson v. Sanderson Farms, Inc., NO. 2005-CA-00326-COA,
COURT OF APPEALS OF MISSISSIPPI, August 15, 2006, Decided
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Overview: A grant of summary judgment in favor of the corporation in the husband and wife's action alleging that the corporation failed to provide a safe place to work and warn the husband of a dangerous condition was improper because a genuine issue of material fact existed as to whether the corporation retained substantial control over the job site.
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| Smith v. State, NO. 2005-KA-00305-COA,
COURT OF APPEALS OF MISSISSIPPI, August 15, 2006, Decided
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Overview: Evidence was sufficient to support defendant's manslaughter conviction under Miss. Code Ann. § 97-3-35 because the evidence was undisputed that the victim was killed with a pistol and both the State and the defense presented evidence that an argument took place before the shooting occurred.
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