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   State Courts - Mississippi - September 12, 2006

  
Giannaris v. Giannaris, NO. 2005-CA-00498-COA, COURT OF APPEALS OF MISSISSIPPI, September 12, 2006, Decided
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Overview: There was a change in circumstances sufficient to warrant a custody modification where the evidence showed that a mother was uncooperative and failed to communicate regarding a minor child; the applicable factors were considered, and seven of them favored the father.

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Knight v. S. Miss. Elec. Power Ass'n, NO. 2004-CA-02082-COA, COURT OF APPEALS OF MISSISSIPPI, September 12, 2006, Decided
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Overview: Dismissal of an eminent domain proceeding under Miss. Code Ann. § 11-27-15 was properly denied because two owners were unable to show that an electric association's taking was not for public use; the association wanted to construct a power line to supply its customers with adequate voltage.

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Knight v. State, NO. 2005-CP-00110-COA, COURT OF APPEALS OF MISSISSIPPI, September 12, 2006, Decided
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Overview: Post-conviction relief was properly denied because a guilty plea was knowingly and voluntarily entered, despite a trial judge's failure to specify which rights were being waived under Miss. Unif. Cir. & Cty. R. 8.04; the trial judge confirmed that a guilty plea videotape was viewed, and a document was signed acknowledging such.

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Leary v. Stockman, NO. 2005-CA-01514-COA, COURT OF APPEALS OF MISSISSIPPI, September 12, 2006, Decided
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Overview: A Mississippi real estate broker was not an aggrieved person under Miss. Code Ann. § 73-35-31(2) simply because he was not paid a commission allegedly expected; his remedy was through breach of contract only. Section 73-35-31(2) applied to commissions paid to foreign brokers by buyers and sellers.

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Pearson v. State, NO. 2005-KA-00707-COA, COURT OF APPEALS OF MISSISSIPPI, September 12, 2006, Decided
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Overview: Defendant's armed robbery conviction was appropriate, along with the denial of his motion for a new trial, because the jury obviously found that the testimony of an individual who had received a plea bargain was more credible and reasonable than the testimony of defendant and his alibi witness.

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Phelps v. Phelps, NO. 2005-CA-01281-COA, COURT OF APPEALS OF MISSISSIPPI, September 12, 2006, Decided
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Overview: In a divorce case, a notice of appeal was timely under Miss. R. App. P. 4(b) where a husband's notice of appeal was filed while motions were still pending before the trial court; the notice was suspended pending disposition of the wife's motions, and it was revived upon their disposition.

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Scafide v. Bazzone, NO. 2004-CA-01658-COA, COURT OF APPEALS OF MISSISSIPPI, September 12, 2006, Decided
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Overview: A finding against the deceased patient's estate administrator in an action for damages from the patient's wrongful death was appropriate because there was no duty that arose from an informal consultation regarding the first doctor. Additionally, the dismissal of the case against the first doctor did not prejudice the case against the second doctor.

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Smith v. State, NO. 2005-KA-01916-COA, COURT OF APPEALS OF MISSISSIPPI, September 12, 2006, Decided
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Overview: Defendant's conviction for capital murder was appropriate because a knife admitted into evidence was the least of the incriminating evidence against defendant and inconsequential to his conviction. Therefore, whether it was properly admitted did not need to be decided by the appellate court to affirm his conviction.

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Stinson v. Hall, NO. 2005-CA-00469-COA, COURT OF APPEALS OF MISSISSIPPI, September 12, 2006, Decided
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Overview: Seller failed to establish that the deed between her and the buyers was intended to be a mortgage where there was no agreement that the seller would remain liable to the buyers for any debt after the sale and conveyance of her property. Chancellor did not err in refusing to impose constructive trust after determining that warranty deed was valid.

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Wagner v. Mattiace Co., NO. 2005-CA-01634-COA, COURT OF APPEALS OF MISSISSIPPI, September 12, 2006, Decided
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Overview: Trial court properly awarded property manager summary judgment on the customer's slip and fall claim as the manager was not under contractual duty to maintain or repair interior of the store's space or remove the substance which allegedly caused the customer's injuries. Manager did not assume duty to remove substance when it made interior repairs.

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