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| Jones v. State, NO. 2005-KA-01072-COA,
COURT OF APPEALS OF MISSISSIPPI, September 19, 2006, Decided
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Overview: A motion for a directed verdict was denied in a murder case because a rational trier of fact could have found defendant guilty of murder, even though there was no eyewitnesses to a stabbing; defendant alleged that he acted in self-defense, and he argued that a girlfriend's inculpatory testimony was false.
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| MacDonald v. Miss. DOT, NO. 2005-CA-00128-COA,
COURT OF APPEALS OF MISSISSIPPI, September 19, 2006, Decided
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Overview: Summary judgment was improperly to a department of transportation on claims of negligent construction, negligent maintenance, negligent improvement, and failure to warn based on a finding of immunity under Miss. Code Ann. § 11-46-9(1)(p) on a defective design claim; "Frasier's octopus" did not mean that immunity was extended to all claims.
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| Moffett v. State, NO. 2004-KA-02419-COA,
COURT OF APPEALS OF MISSISSIPPI, September 19, 2006, Decided
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Overview: Evidence was sufficient to sustain a murder conviction, Miss. Code Ann. § 97-3-19, because a witness observed defendant threatening to kill the victim, defendant's statement to the police differed from his trial testimony concerning the time he left the victim's house and where he was picked up, and after the murder defendant fled to Louisiana.
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| Roland v. State, NO. 2005-CP-01150-COA,
COURT OF APPEALS OF MISSISSIPPI, September 19, 2006, Decided
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Overview: Pursuant to Miss. Code Ann. § 99-39-5(2), defendant's petition for post-conviction relief was time barred as a successive writ. The trial court did not err in imposing sanctions that the supreme court warned of. Pursuant to Miss. Code Ann. § 47-5-138(3), defendant's appeal to the appellate court was frivolous and warranted sanctions.
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| Smith v. Petal Sch. Dist., NO. 2005-CC-01394-COA,
COURT OF APPEALS OF MISSISSIPPI, September 19, 2006, Decided
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Overview: A rider to an employment contract for a teacher/coach did not violate Miss. Code Ann. § 37-9-23 based on the fact that it was not officially approved by the Mississippi Board of Education because this was not required due to the fact that it would have caused an extreme burden.
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| Stingley v. Redland Ins. Co., NO. 2005-WC-01442-COA,
COURT OF APPEALS OF MISSISSIPPI, September 19, 2006, Decided
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Overview: Substantial evidence existed for Mississippi Workers' Compensation Commission to deny employee benefits where the employer was aware of the cancellation request and consented to its execution. By signing the lost policy release, the employer canceled coverage consistent with provisions for immediate cancellation in Miss. Code Ann. § 71-3-77(1)(b).
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