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| Randolph v. State, NO. 2005-KA-02233-COA,
COURT OF APPEALS OF MISSISSIPPI, August 7, 2007, Decided
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Overview: Defendant was convicted of attempted possession of more than 30 grams of cocaine. Trial court erred with respect to allowing defense counsel to cross-examine as to fingerprints and jury instructions with respect to circumstantial evidence, but reversal was not warranted because errors were harmless, and error did not accumulate for reversal.
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| Ray v. Ray, NO. 2006-CA-00210-COA consolidated with NO. 2006-CA-00712-COA,
COURT OF APPEALS OF MISSISSIPPI, August 7, 2007, Decided
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Overview: Chancellor did not err in denying Georgia relatives' petition for redetermination of heirs under Miss. R. Civ. P. 60(b) as reasons cited by Georgia relatives that decedent was Georgia resident at her death did not qualify as newly discoverable evidence. Under Miss. Code Ann. § 11-7-13, decedent's wrongful death beneficiaries included half-siblings.
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| Richardson v. Johnson Elec. Auto., Inc., NO. 2006-WC-01598-COA,
COURT OF APPEALS OF MISSISSIPPI, August 7, 2007, Decided
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Overview: The denial of workers' compensation benefits to the employee was proper because, as a result of discrepancies in a doctor's testimony and records in the case, the doctor's testimony and opinions were found not to have been credible. Thus, the opinions and testimony were unusable in the determination of disability.
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| Salts v. State, NO. 2006-KA-00437-COA,
COURT OF APPEALS OF MISSISSIPPI, August 7, 2007, Decided
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Overview: Defendants were found guilty, after a trial, of embezzlement for taking money that their clients intended should go to an insurer. Defendants were not denied effective representation because they changed counsel on the eve of trial; however, trial court did err as to imposition of sentence, pursuant to Miss. Code Ann. § 97-23-19.
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| Wilbourn v. Equitable Life Assur. Soc'y of the United States, NO. 2005-CA-02244-COA,
COURT OF APPEALS OF MISSISSIPPI, August 7, 2007, Decided
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Overview: In a tort action against an insurer based on an agent's alleged oral misrepresentation as to payment terms, the limitations period of Miss. Code Ann. § 15-1-49 was not tolled because the insured had the written policy in hand and thus could not demonstrate that some affirmative act was done to prevent discovery of the actual terms.
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| Williams v. State, NO. 2006-KA-00751-COA,
COURT OF APPEALS OF MISSISSIPPI, August 7, 2007, Decided
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Overview: In trial for possession of marijuana, defendant's restraint for trial was not improper because of defendant's belligerent behavior. Trial court did not err in denying defendant's motion for mistrial. Evidence surrounding circumstances of defendant's arrest was relevant because it completed story, and under Miss. R. Evid. 404(b), it was admissible.
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