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   State Courts - Mississippi - August 22, 2006

  
One 1970 Mercury Cougar v. Tunica County, NO. 2005-CP-00175-COA, COURT OF APPEALS OF MISSISSIPPI, August 22, 2006, Decided
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Overview: Pursuant to Miss. Code Ann. § 41-29-177(1), the county's forfeiture complaint against defendant was timely; however, there was no explanation by the county for the delay in the proceedings; on remand, the county had the opportunity to explain the delay and defendant could explain why he did not request a hearing for three years.

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Ross v. State, NO. 2005-CP-01799-COA, COURT OF APPEALS OF MISSISSIPPI, August 22, 2006, Decided
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Overview: The denial of the inmate's motion for postconviction relief was proper because his sworn signature on his plea agreement and testimony during his plea hearing showed that his plea of guilty was voluntary and intelligently given, and, as such, the court was unable to say that the circuit court's holding was clearly erroneous.

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Speagle v. State, NO. 2005-KA-00493-COA, COURT OF APPEALS OF MISSISSIPPI, August 22, 2006, Decided
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Overview: In a manslaughter case, a trial court did not err by denying a motion for a special venire under Miss. Code Ann. § 13-5-77 because sufficient steps were taken to see that defendant received the benefits of such around the holidays; the granting of the motion would have delayed the trial for at least six months.

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Thomas v. State, NO. 2005-KA-00574-COA, COURT OF APPEALS OF MISSISSIPPI, August 22, 2006, Decided
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Overview: Defendant's right against self-incrimination was not violated where the trial court admitted his confession to armed robbery into evidence because a four full days had elapsed between the time that defendant took crack cocaine and Lorcet and the time that he confessed. His confession could not be said to be the result of intoxication.

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Williams v. State, NO. 2004-KA-00411-COA, COURT OF APPEALS OF MISSISSIPPI, August 22, 2006, Decided
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Overview: Defendant's conviction for capital murder pursuant to Miss. Code Ann. § 97-3-19(2)(f) was proper because his counsel was not ineffective. The court failed to see how examining additional photographs would have enabled defendant's counsel to more effectively cross-examine the State's experts to the extent that the trial outcome would have changed.

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Yelverton v. Yelverton, NO. 2004-CA-01684-COA, COURT OF APPEALS OF MISSISSIPPI, August 22, 2006, Decided
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Overview: In a case where the husband had income of over $400,00 in 2001 and over $800,00 in 2002, an award of lump sum alimony in the amount of $250,000 was not erroneous since the wife had stayed at home with the children for most of the marriage, and she had depleted her savings when the husband refused to pay his support obligations.

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