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| Gill v. Gipson, NO. 2006-CA-00166-COA,
COURT OF APPEALS OF MISSISSIPPI, August 14, 2007, Decided
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Overview: Assignment imposing overriding royalty in favor of lessees was proper given landman's conduct and timing of his actions in terminating lease. Lessees were entitled to prejudgment interest where, under Miss. R. Civ. P. 15(c), stipulation served to satisfy award requirements. Under Miss. Code Ann. § 11-1-65, punitive damages to lessees were proper.
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| Guyton v. State, NO. 2006-KA-01111-COA,
COURT OF APPEALS OF MISSISSIPPI, August 14, 2007, Decided
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Overview: Defendant was convicted of burglary and armed robbery. Trial court did not err in denying defendant's motion for JNOV and directed verdict because accomplice implicated defendant and witnesses were able to describe assailant. Denial of motion for mistrial was in trial court's discretion.
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| Jordan v. Jordan, NO. 2005-CA-01834-COA,
COURT OF APPEALS OF MISSISSIPPI, August 14, 2007, Decided
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Overview: In a child custody case, the award of sole physical custody of the children to the father was appropriate because the father's flexible work schedule and unlimited family support favored the father. Additionally, the evidence indicated that father would provide the children with a more stable home environment.
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| Martinez v. Swift Transp., NO. 2006-WC-01442-COA,
COURT OF APPEALS OF MISSISSIPPI, August 14, 2007, Decided
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Overview: Mississippi Workers' Compensation Commission acted properly in determining that employee's treating physician's opinions were not as credible as those of other physicians; employee's injury was subject to disability benefits set forth in Miss. Code Ann. § 71-3-17(c)(1) and not general total body impairment scheme, Miss. Code Ann. § 71-3-17(c)(25).
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| Peterson v. State, NO. 2006-CP-01436-COA,
COURT OF APPEALS OF MISSISSIPPI, August 14, 2007, Decided
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Overview: Defendant was entitled to be sentenced for uttering a forgery under the amended version of Miss. Code Ann. § 97-21-33 because it was amended before his conviction became final and his sentence was legal, Miss. Code Ann. § 99-19-33; the trial judge could sentence a person to a term of not less than two years nor more than ten years.
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| Russell v. Allen (In re Allen), NO. 2006-CA-00537-COA,
COURT OF APPEALS OF MISSISSIPPI, August 14, 2007, Decided
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Overview: The trial court did not err in setting aside two land conveyances made by conservator as the statute of limitations, Miss. Code Ann. § 15-1-37, did not apply and notice was not served on ward's grandchildren, Miss. Code Ann. § 93-13-281. Full accounting was required. Conservator had to pay administratrix certain funds expended from ward's estate.
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| Stricklin v. Medexpress of Miss., LLC, NO. 2006-CA-00549-COA,
COURT OF APPEALS OF MISSISSIPPI, August 14, 2007, Decided
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Overview: Summary judgment was properly granted to an ambulance service on a passenger's negligence claim arising out of the transport of the passenger for treatment of a heart attack because the evidence did not show negligence in the ambulance's maintenance or that the passenger's condition suffered in any way from the service's alleged inaction.
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| Sykes v. Epps, NO. 2006-CP-01149-COA,
COURT OF APPEALS OF MISSISSIPPI, August 14, 2007, Decided
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Overview: Court properly found appellant ineligible for parole because Miss. Code Ann. § 47-7-3(1)(d)(ii) applied to case due to fact that he was convicted of armed robbery after October 1, 1994; appellant's suit against Mississippi Department of Corrections and its Commissioner for failing to provide him with parole eligibility date was properly dismissed.
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| White v. State, NO. 2006-KA-00988-COA,
COURT OF APPEALS OF MISSISSIPPI, August 14, 2007, Decided
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Overview: Evidence was sufficient to support defendant's manslaughter conviction under Miss. Code Ann. § 97-3-35 because testimony from State's witnesses indicated that: (1) victim had no weapon; (2) defendant and victim began fighting; (3) victim suffered a fatal stab wound to the chest sometime during fight; and (4) defendant left the scene immediately.
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