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   State Courts - Mississippi - August 17, 2006

  
Curry v. State, NO. 2004-KA-01868-SCT, SUPREME COURT OF MISSISSIPPI, August 17, 2006, Decided
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Overview: Defendant's conviction for aggravated assault was proper because, even though a DNA report itself was not admitted into evidence, the substance of its conclusion was before the jury and defendant failed to show that he was prejudiced by not possessing the report until the first day of his fourth trial.

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Gannett River States Publ. Co. v. Entergy Miss., Inc., NO. 2005-CA-00052-SCT, SUPREME COURT OF MISSISSIPPI, August 17, 2006, Decided
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Overview: A publisher was unable to obtain the amount that a utility charged a third party because the information was exempt from disclosure as confidential under Miss. Code Ann. § 79-23-1. Moreover, the amount charged did not meet the definition of rate under Miss. Code Ann. § 77-3-3(e) because it was a privately negotiated agreement.

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Hayes v. Leflore County Bd. of Supervisors, NO. 2004-CT-00759-SCT, SUPREME COURT OF MISSISSIPPI, August 17, 2006, Decided
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Overview: Trial court dismissed a suit seeking to enjoin a county board of supervisors under Open Meetings Act, Miss. Code Ann. § 25-41-1 et seq. Trial court denied motion to intervene, pursuant to Miss. R. Civ. P. 24, because open meeting suit, in which intervention was sought, no longer existed following agreement in another suit to quiet title.

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Long Beach Auto Auction, Inc. v. United Sec. Alliance, Inc., NO. 2005-CA-00729-SCT, SUPREME COURT OF MISSISSIPPI, August 17, 2006, Decided
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Overview: Company's choice of forum clause was unenforceable as the security system had been installed, the lease agreements concluded and binding, consideration passed, all before the warranty was delivered; window of opportunity to negotiate more favorable terms was closed and refusal to sign would have left customer with no written express warranty.

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Miss. Comm'n on Judicial Performance v. Cowart, NO. 2006-JP-00211-SCT, SUPREME COURT OF MISSISSIPPI, August 17, 2006, Decided
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Overview: State supreme court granted a joint motion for the approval of the recommendation of sanctions against a judge who violated Miss. Code Jud. Conduct Canon 3(E)(1) by participating in proceedings where there was an admitted conflict of interest, and (2) committed willful misconduct.

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Wilson v. State, NO. 2004-KA-01141-SCT, SUPREME COURT OF MISSISSIPPI, August 17, 2006, Decided
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Overview: In a murder and aggravated assault case, incriminating statements made to police as defendant was being led to a patrol car were not suppressed because they were not the product of an interrogation; defendant made the statements as police were trying to read him his rights, and he was not questioned until after these warnings were given.

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