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| Brown v. State, NO. 2005-CP-01979-COA,
COURT OF APPEALS OF MISSISSIPPI, August 7, 2007, Decided
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Overview: Trial court properly denied a movant's request for post-conviction relief because factual basis existed for movant's plea arising out of a robbery: (1) the movant's plea was voluntarily and knowingly rendered; (2) the movant failed to show he was prejudiced by counsel; (3) the sentence was not disproportionate.
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| Crump v. State, NO. 2006-KA-00454-COA,
COURT OF APPEALS OF MISSISSIPPI, August 7, 2007, Decided
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Overview: Defendant was convicted of embezzlement under contract. Evidence was sufficient to sustain defendant's conviction because defendant failed to notify store of changes in address after he rented goods from the store, and when his girlfriend destroyed the goods, defendant formed requisite intent to embezzle, pursuant to Miss. Code Ann. § 97-23-25.
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| Fair v. State, NO. 2005-KA-02216-COA,
COURT OF APPEALS OF MISSISSIPPI, August 7, 2007, Decided
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Overview: Defendant's confession was properly admitted as he understood his rights and nothing indicated he had questions about his rights that went unanswered. Under Miss. Code Ann. § 97-3-35, manslaughter instruction was not warranted as there was no evidence that defendant was frightened or acted in the heat of passion when he shot and killed the victim.
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| Godbold v. Water Valley, NO. 2006-KM-00572-COA,
COURT OF APPEALS OF MISSISSIPPI, August 7, 2007, Decided
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Overview: Where defendant was convicted of DUI, the trial court did not err by admitting the tests results from the Intoxilizer 8000, which showed a .11 blood alcohol content. The test began twenty-seven minutes after the observation period, well beyond the statutorily-required fifteen-minute waiting period set forth in Miss. Code Ann. § 63-11-5(1).
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| Hampton v. Hampton, NO. 2005-CA-01531-COA,
COURT OF APPEALS OF MISSISSIPPI, August 7, 2007, Decided
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Overview: Wife's divorce action against nonresident husband was filed as required by Miss. Code Ann. § 93-5-11 because it was filed in the county in which the wife was residing, notwithstanding that the couple's former home, which the wife had not yet sold and on which a homestead exemption was claimed, was in another county.
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| Holly v. Harrah's Tunica Corp., NO. 2006-CP-00805-COA,
COURT OF APPEALS OF MISSISSIPPI, August 7, 2007, Decided
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Overview: Trial court abused its discretion in dismissing an action under Miss. R. Civ. P. 41(b) for failure to obtain counsel because: (1) plaintiffs had in fact obtained counsel; (2) procedural requirements were not followed and proper notice was not given; and (3) there was no requirement that a party be represented by an attorney.
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| Lockhart (In re Estate of Thomas) v. Wilson, NO. 2006-CA-00200-COA,
COURT OF APPEALS OF MISSISSIPPI, August 7, 2007, Decided
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Overview: In a will dispute, decedent's will was invalid because, pursuant to Miss. Code Ann. § 91-5-1, three witnesses to the will were required. In this case, the will was only signed by decedent and a notary; therefore, the attestation requirement was not met. The will was invalid, and decedent died intestate.
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| Miss. Dep't of Human Servs. v. S. W., NO. 2005-CA-00227-COA,
COURT OF APPEALS OF MISSISSIPPI, August 7, 2007, Decided
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Overview: Child brought negligence suit against Mississippi Department of Human Services brought under Mississippi Tort Claims Act, alleging that after being placed in DHS facility, he was sexually abused. DHS was liable because DHS violated three duties to child; however, new damages trial was warranted to determine what damages applied to each breach.
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| Norman v. Norman, NO. 2005-CA-00882-COA,
COURT OF APPEALS OF MISSISSIPPI, August 7, 2007, Decided
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Overview: In a divorce proceeding, trial court did not err in awarding physical custody of couple's only child to wife because chancellor's findings were supported by credible evidence, and chancellor considered Albright factors.
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| Prince v. State, NO. 2006-CP-01597-COA,
COURT OF APPEALS OF MISSISSIPPI, August 7, 2007, Decided
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Overview: In review of denial of petitioner's request for post-conviction relief, trial court properly denied petition because review of plea colloquy record revealed defendant's guilty plea to sale of cocaine was voluntarily and knowingly entered, and defendant was properly informed that he was pleading guilty to sale, rather than conspiracy to sell.
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