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| Adams v. Baptist Mem. Hospital-Desoto, Inc., NO. 2006-IA-00455-SCT,
SUPREME COURT OF MISSISSIPPI, August 16, 2007, Decided
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Overview: Although severance of a wrongful death action violated Miss. Code Ann. § 11-7-13, it was not error to transfer medical defendants (including a hospital) to the county of the hospital's location because under Miss. Code Ann. § 11-11-3(3), the only proper venue for a suit against medical providers was the county in which the alleged act occurred.
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| Century 21 Maselle & Assocs. v. Smith, NO. 2005-IA-01696-SCT Consolidated with NO. 2005-CA-01814,
SUPREME COURT OF MISSISSIPPI, August 16, 2007, Decided
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Overview: Circuit court erred in denying real estate agency and agent's motion to compel arbitration where, pursuant to 9 U.S.C.S. §§ 3 and 4, presumption was in favor of arbitration; agency's request for jury trial did not delay resolution of controversy, and buyers offered no evidence for lower court to find detriment by agency's initiation of discovery.
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| Downs v. State, NO. 2006-KA-00726-SCT,
SUPREME COURT OF MISSISSIPPI, August 16, 2007, Decided
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Overview: Defendant's conviction for robbery in violation of Miss. Code Ann. § 97-3-73 was proper because the evidence showed that defendant took the money as a quid pro quo to stop the beating of his father. It was only the threat of a continued beating that caused the father to hand over the money to defendant.
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| Gill v. State, NO. 2006-CA-01687-SCT,
SUPREME COURT OF MISSISSIPPI, August 16, 2007, Decided
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Overview: Since the state joined a petition seeking an order to exonerate a defendant, who was falsely convicted so that he would not be the first African-American to enroll in a state university and who died in jail, and neither brought nor joined in an appeal, the appeal from the denial of a motion to intervene to oppose the exoneration was dismissed.
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| Glover v. Jackson State Univ., NO. 2005-CA-02328-SCT,
SUPREME COURT OF MISSISSIPPI, August 16, 2007, Decided
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Overview: A trial court erred in granting the university summary judgment on a girl's negligence claim arising from a rape on the university campus where the university was on notice and could have foreseen that, by leaving three children behind in the early morning hours, unattended and unsupervised, some sexual or violent harm could have come to the girl.
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| Jones v. State, NO. 2006-KA-00343-SCT,
SUPREME COURT OF MISSISSIPPI, August 16, 2007, Decided
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Overview: Trial court did not abuse its discretion by admitting into evidence misdemeanor charge affidavits of the victim against defendant because the prosecutor argued that the evidence was offered to establish motive for the victim's murder, and the trial court concluded that the prejudicial effect of the testimony did not outweigh its probative value.
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| Miss. Comm'n on Judicial Performance v. Westfaul, NO. 2007-JP-00279-SCT,
SUPREME COURT OF MISSISSIPPI, August 16, 2007, Decided
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Overview: Judge was publicly reprimanded and assessed a $100 fine after he plead guilty to driving under the influence; sanctions were appropriate given length and character of the judge's public service, the magnitude of the offense, the misconduct was an isolated incident, there was no moral turpitude, and the judge accepted responsibility for his actions.
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| Moore v. Parker, NO. 2006-EC-00899-SCT,
SUPREME COURT OF MISSISSIPPI, August 16, 2007, Decided
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Overview: Special election tribunal did not err in finding nine illegal votes cast for primary winner; contesting candidate's petition provided sufficient grounds for contesting election and met notice requirement of Miss. Code Ann. § 23-15-911. Tribunal could not order special run-off election as it had to be called by Governor, Miss. Code Ann. § 23-15-937.
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| Thong Le v. State, NO. 2005-DR-00523-SCT,
SUPREME COURT OF MISSISSIPPI, August 16, 2007, Decided
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Overview: Petitioner convicted of capital murder committed during robbery was not entitled to postconviction relief because trial counsel did not err in not seeking a change of venue, expert testimony that petitioner was not a violent person would not reduce his culpability, and use of the underlying felony as an aggravating factor was not double prejudice.
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| Tran v. State, NO. 2004-CT-00368-SCT consolidated with NO. 2004-CT-00369-SCT,
SUPREME COURT OF MISSISSIPPI, August 16, 2007, Decided
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Overview: Although the language of Miss. Code Ann. § 97-23-101(1)(b)(ii)(1) required an indictment charging a person with money laundering to specify the "unlawful activity" from which the illegal proceeds were alleged to have derived, the indictment's defect was harmless error where defendant was provided timely notice of the alleged illegal activity.
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