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| Allen v. State, NO. 2005-KA-00755-COA,
COURT OF APPEALS OF MISSISSIPPI, September 19, 2006, Decided
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Overview: In a prosecution of defendant for exploitation of a minor, defendant's assertion that the petit jury was not properly sworn, as required by Miss. Code Ann. § 13-5-71, was insufficient to overcome the established presumption that the trial court properly performed its duties.
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| Barnes v. State, NO. 2005-CP-01684-COA,
COURT OF APPEALS OF MISSISSIPPI, September 19, 2006, Decided
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Overview: Pursuant to Miss. Code Ann. § 99-39-9, defendant did not provide appellate court with affidavits of witnesses who would testify to points made within his brief and to provide his own affidavit. Circuit court did not err dismissing motion for change of plea and did not err in failing to hold an evidentiary hearing, Miss. Code Ann. § 99-39-19(1).
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| Bennett v. State, NO. 2004-KA-02166-COA,
COURT OF APPEALS OF MISSISSIPPI, September 19, 2006, Decided
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Overview: There was sufficient evidence to support a conviction for murder under Miss. Code Ann. § 97-3-19(1)(a), rather than manslaughter under Miss. Code Ann. § 97-3-35, where the facts showed that defendant had been having domestic problems with his wife, he cashed a check for a large sum of money, and then went to her work where he shot her to death.
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| Caldwell v. State, NO. 2005-KA-00169-COA,
COURT OF APPEALS OF MISSISSIPPI, September 19, 2006, Decided
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Overview: A trial court did not err by admitting evidence found during the execution of a search warrant based on a clerical error requiring officers to knock and announce; even though officers merely entered after pulling open a chain, the evidence showed they specifically requested a warrant not requiring a knock and announce.
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| City of Natchez v. Jackson, NO. 2005-CA-00043-COA,
COURT OF APPEALS OF MISSISSIPPI, September 19, 2006, Decided
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Overview: A finding in favor of the husband and wife in their action against the city for personal injuries and loss of consortium was appropriate under Miss. R. Evid. 401 and 402 because an expert's testimony tended to make the fact that the city negligently repaired and maintained a grate and sidewalk more probable than that without the evidence.
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| Crayton v. Burley, NO. 2005-CA-01126-COA,
COURT OF APPEALS OF MISSISSIPPI, September 19, 2006, Decided
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Overview: Pursuant to Miss. Code Ann. § 43-19-101(3)(a), insurance benefits not needed for father's treatment were considered in calculating child support, and there was no error in modification of monthly support. Father was properly credited for Social Security benefits child received due to his disability. Father had to pay half of child's college costs.
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| Deloach v. State, NO. 2005-CP-01067-COA,
COURT OF APPEALS OF MISSISSIPPI, September 19, 2006, Decided
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Overview: Counsel was not ineffective for failing to investigate a police informant because, had the inmate gone to trial, the informant's background would have been relevant only for impeachment purposes, and in his petition to enter a guilty plea, the inmate swore that his attorney had counseled him about the charge and all possible defenses.
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| Dykes v. McMurry, NO. 2005-CA-00929-COA,
COURT OF APPEALS OF MISSISSIPPI, September 19, 2006, Decided
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Overview: A father's request to terminate child support for his eldest son was properly denied because the facts did not show that their relationship had deteriorated to the necessary point merely based on the fact that the two did not communicate after the father filed a legal action against the mother alleging abuse.
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| Griffin v. Brian Dev. Co., NO. 2005-CA-00386-COA,
COURT OF APPEALS OF MISSISSIPPI, September 19, 2006, Decided
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Overview: Appellate court affirmed an award of an easement to the property owners pursuant to Miss. Code Ann. § 15-1-13 as the property owners established that they had used the gravel road that crossed the landowners' property from 1956 to 2002, that they made improvements on the land, and that the use of the land was hostile.
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| Gulfport-Biloxi Reg'l Airport Auth. v. Montclair Travel Agency, Inc., NO. 2005-CA-00904-COA,
COURT OF APPEALS OF MISSISSIPPI, September 19, 2006, Decided
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Overview: Although a motion under Miss. R. Civ. P. 41(b) should have been used, a directed verdict was improperly granted in a fraud case because the evidence showed that a travel company held itself out as an agent of a foreign company operating an airplane, and an airport authority would not have incurred advertising costs had it known the true facts.
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