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| Barksdale v. Carroll, NO. 2004-CA-01859-COA,
COURT OF APPEALS OF MISSISSIPPI, August 29, 2006, Decided
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Overview: Pursuant to Miss. Code Ann. § 11-46-1(f) and Miller factors, the doctor was an employee of the state hospital and the state for purposes of liability under the Mississippi Tort Claims Act; therefore, summary judgment was properly granted in favor of the doctor on the husband's wrongful death and medical malpractice claims.
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| Booker v. State, NO. 2004-KA-02143-COA,
COURT OF APPEALS OF MISSISSIPPI, August 29, 2006, Decided
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Overview: Defendant's right to a speedy trial under the Sixth Amendment and the Mississippi Constitution was not violated by a sixteen-month delay between arrest and trial because the delay was due to court unavailability and the need to complete an investigation; moreover, defendant did not show any actual prejudice outside of incarceration itself.
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| Dunlap Acres, Ltd. v. Intervest Dev. Corp., NO. 2005-CA-01271-COA,
COURT OF APPEALS OF MISSISSIPPI, August 29, 2006, Decided
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Overview: In a contract dispute, sellers of property were properly awarded an interest rate of eight percent under Miss. Code Ann. § 75-17-1(1) where the contract provided that interest was paid at the highest lawful rate then in effect; although the sellers could have contracted for fifteen percent under § 75-17-1(3), the rate was not specified.
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| Gilbert v. Ireland, NO. 2004-CA-02340-COA,
COURT OF APPEALS OF MISSISSIPPI, August 29, 2006, Decided
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Overview: In trial arising out of motorist's minor collision with driver, trial court erred in not precluding driver's expert's testimony under Miss. R. Civ. P. 37 and Miss. R. Evid. 702 because expert's opinion was not based on sufficient facts or data, as required by Daubert test and Rule 702; rather, expert's opinion was based on driver's misstatements.
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| Lawrence v. Lawrence, NO. 2004-CA-02387-COA,
COURT OF APPEALS OF MISSISSIPPI, August 29, 2006, Decided
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Overview: A grant of custody to the father was inappropriate because, to give him credit because he kept his affair secret did not entitle him to any favorable consideration under the moral fitness element under the Albright factors. Further, it was in error to ignore the father's past violent behavior toward the mother.
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| Smith v. State, NO. 2004-KA-01461-COA,
COURT OF APPEALS OF MISSISSIPPI, August 29, 2006, Decided
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Overview: Jury's verdict convicting defendant for sale of a controlled substance, in violation of Miss. Code Ann. § 41-29-139(a), was not against the overwhelming weight of the evidence, where two police officers positively identified defendant as the man who sold the crack cocaine to one of the officers.
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| Strack v. Sticklin, NO. 2005-CA-00269-COA,
COURT OF APPEALS OF MISSISSIPPI, August 29, 2006, Decided
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Overview: In an action to recover a child support arrearage, two children were not necessarily emancipated under Miss. Code Ann. § 93-5-23 when they married or quit school prior; it was within a chancellor's discretion to determine such, especially since the father did not seek judicial relief prior to engaging in self-help.
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| Street v. Street, NO. 2004-CA-02501-COA,
COURT OF APPEALS OF MISSISSIPPI, August 29, 2006, Decided
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Overview: An award of primary physical and legal custody of the parties' children to the husband was appropriate because there was evidence concerning the wife's questionable willingness to care for her children and because she moved an unrecovered alcoholic with a violent criminal past into the marital home.
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