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| Caldwell v. State, NO. 2006-CP-01667-COA,
COURT OF APPEALS OF MISSISSIPPI, August 28, 2007, Decided
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Overview: The trial court properly denied defendant's motion for post-conviction relief where he was precluded from the relitigation of the issues the appellate court had previously addressed; due to collateral estoppel, defendant was denied post-conviction relief as to the conviction of sexual battery against two of the victims.
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| Crisler v. Crisler, NO. 2006-CA-00933-COA,
COURT OF APPEALS OF MISSISSIPPI, August 28, 2007, Decided
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Overview: Chancellor did not err in determining that the property settlement agreement was ambiguous with respect to the husband's duty to pay the wife upon sale of less than the complete property; the wife was to be paid upon each partial sale and the chancellor did not err in finding that the agreement was unambiguous with regard to division of proceeds.
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| Gore v. State, NO. 2006-CP-01063-COA,
COURT OF APPEALS OF MISSISSIPPI, August 28, 2007, Decided
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| Johnson v. Thomas, NO. 2006-CA-01210-COA,
COURT OF APPEALS OF MISSISSIPPI, August 28, 2007, Decided
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Overview: It was arbitrary and capricious for a trial court to void an order granting plaintiff's motion under Miss. R. Civ. P. 6(b)(1) to extend the time to serve process after the court learned of defendant's previous motion to dismiss because there was nothing in the motion to dismiss which would have provided the court with any additional information.
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| Miss. Bd. on Law Enforcement Officer Stds. & Training v. Clark, NO. 2006-SA-01119-COA,
COURT OF APPEALS OF MISSISSIPPI, August 28, 2007, Decided
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Overview: Chancery court improperly reversed the cancellation of a police officer's certificate by the Board on Law Enforcement Officer Standards and Training under Miss. Code Ann. § 45-6-11 because the Board's findings as to the officer's cocaine possession were based on substantial evidence, notwithstanding the officer's acquittal on criminal charges.
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| Morgan v. State, NO. 2006-CP-01644-COA,
COURT OF APPEALS OF MISSISSIPPI, August 28, 2007, Decided
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Overview: Defendant who pleaded guilty to the sale of cocaine under Miss. Code Ann. § 41-29-139(b) and was sentenced to 30 years' imprisonment was not subject to an excessive sentence because that allegation was founded on his mistaken belief that he should have been sentenced for mere possession of cocaine under Miss. Code Ann. § 41-29-139(c).
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| Myhand v. State, NO. 2005-KA-01801-COA,
COURT OF APPEALS OF MISSISSIPPI, August 28, 2007, Decided
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Overview: Defendant who was found guilty of attempted manufacture of methamphetamine under Miss. Code Ann. § 41-29-313(1)(c) did not show ineffective assistance of counsel because counsel was not deficient in failing to object to a narcotics officer's testimony or requesting a jury instruction on possession of precursor chemicals.
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| Page v. State, NO. 2006-KA-00330-COA,
COURT OF APPEALS OF MISSISSIPPI, August 28, 2007, Decided
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Overview: In a murder case, defendant's right to a fair trial was not violated when the jury was not instructed on manslaughter under Miss. Code Ann. § 97-3-47 because there was nothing to support a claim that a shooting was accidental where defendant pointed a gun at the victim during an argument and shot her from about four feet away.
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| Quadrini v. Spradley, NO. 2006-CA-00237-COA,
COURT OF APPEALS OF MISSISSIPPI, August 28, 2007, Decided
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Overview: Pursuant to Miss. Code Ann. § 11-51-3, appellate court had jurisdiction to hear father's appeal of the denial of his motion for modification of custody as it was an appeal from a final order. Although mother experienced material change in circumstances that adversely affected children, best interest of children did not require a change in custody.
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