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| Lias v. Flowers, NO. 2004-CA-02459-COA,
COURT OF APPEALS OF MISSISSIPPI, August 22, 2006, Decided
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Overview: Directed verdict was properly entered in favor of a driver in a wrongful death case because speeding was insufficient to show liability since it was not the cause of an accident with a lawnmower, there was no duty to blow a horn under Miss. Code Ann. § 63-7-65(1) for a sudden action, and she used due care in passing and giving the lawnmower space.
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| Blount v. The Pantry, Inc., NO. 2005-CA-00531-COA,
COURT OF APPEALS OF MISSISSIPPI, August 22, 2006, Decided
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Overview: A trial court properly granted a store owner's motion to dismiss plaintiff's negligence action where the owner owed no duty to plaintiff to protect him from an ice machine that was pushed through the glass storefront after a car drove up to the curb in the front of the store and hit the ice machine.
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| Carter v. State, NO. 2004-KA-02109-COA,
COURT OF APPEALS OF MISSISSIPPI, August 22, 2006, Decided
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Overview: Court did not impermissibly considered the truthfulness of defendant's confession in deciding its admissibility at a suppression hearing because much of the inquiry into truthfulness occurred as a result of impeaching defendant and attempting to ascertain his credibility.
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| Cockrell v. Watkins, NO. 2005-CA-00730-COA,
COURT OF APPEALS OF MISSISSIPPI, August 22, 2006, Decided
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Overview: Admissions by father were not necessarily dispositive of custody case and chancellor had to review all evidence before deciding on father's fitness. There was no evidence presented as to father's mental infirmity. Pursuant to Miss. Code Ann. § 93-5-24(9), family violence would not continue if father had custody, which was in child's best interest.
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| Duke v. Elmore, NO. 2005-CA-00328-COA,
COURT OF APPEALS OF MISSISSIPPI, August 22, 2006, Decided
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Overview: The award of physical custody of the child to the father was proper because, while there was no evidence of dangerous or illegal behavior, the chancellor nevertheless found that the mother's cohabitation with a convicted felon, when combined with her sporadic employment and frequent moves, constituted an environment adverse to the child's welfare.
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| Etheridge v. Harold Case & Co., NO. 2004-CA-01678-COA,
COURT OF APPEALS OF MISSISSIPPI, August 22, 2006, Decided
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Overview: In a matter arising out of car accident between driver and corporation's employee, although trial court erred in ruling about Miss. Code Ann. § 63-3-133 and Miss. Code Ann. § 63-3-313 and instructions based on these statutes, error was harmless because weight of evidence was against driver, who negligently pulled into intersection.
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| Hayes v. Univ. of Southern Miss., NO. 2004-CA-02277-COA,
COURT OF APPEALS OF MISSISSIPPI, August 22, 2006, Decided
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Overview: Instructor was immune from student's personal injury claim, Miss. Code Ann. § 11-46-7(2), where instructor was acting within course and scope of employment during drill. University was entitled to immunity under Miss. Code Ann. § 11-46-9(1)(c) as police training was governmental function and university was not acting with reckless disregard.
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| In the Interest of C.B.Y., NO. 2005-CA-00256-COA,
COURT OF APPEALS OF MISSISSIPPI, August 22, 2006, Decided
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Overview: The termination of the mother's parental rights was proper pursuant to Miss. Code Ann. § 93-15-103(3)(e) because her ongoing behavior of choosing to remain on runaway status prevented her from maintaining a bond with her child. It was impossible to return the child to her custody when she avoided the Department of Human Services.
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| Jones v. State, NO. 2005-CP-01702-COA,
COURT OF APPEALS OF MISSISSIPPI, August 22, 2006, Decided
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Overview: Because defendant was not informed of the elements of the charge as to his guilty plea, the appellate court reversed and remanded for a hearing as to whether defendant had the elements explained to him prior to pleading guilty and whether there was factual basis for plea. Indictment for sexual battery, Miss. Code Ann. § 97-3-95(1)(d), was proper.
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| Jones v. State, NO. 2005-KA-00851-COA,
COURT OF APPEALS OF MISSISSIPPI, August 22, 2006, Decided
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Overview: A trial court did not err by refusing to allow defendant additional peremptory strikes under Miss. Code Ann. § 99-17-3 (Rev. 2000) and Miss. Unif. Cir. & Cty. R. 10.01 after five were denied due to an improper attempt to exclude Caucasian males from the jury in a statutory rape and sexual battery case.
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