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| Agee v. State, NO. 2004-KA-02260-COA,
COURT OF APPEALS OF MISSISSIPPI, September 26, 2006, Decided
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Overview: Where the jury observed a videotaped drug buy by an undercover police officer and heard testimony from an analyst that the substance sold by defendant was positively identified as cocaine, he was convicted of sale of cocaine. His appeal was frivolous.
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| Bonds v. State, NO. 2004-KA-00853-COA,
COURT OF APPEALS OF MISSISSIPPI, September 26, 2006, Decided
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Overview: Defendant's right to a speedy trial under the Sixth Amendment and Miss. Const. art. 3, § 26 was not violated, even though a 580-day delay was presumptively prejudicial, because there was good reason for the delay due to an officer's deployment to Iraq, defendant failed to assert his rights, and there was no prejudice shown other than incarceration.
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| Hammond v. State, NO. 2005-CP-02295-COA,
COURT OF APPEALS OF MISSISSIPPI, September 26, 2006, Decided
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Overview: Indictment charging appellant with selling of cocaine was not required to allege the weight of the controlled substance, because it was not an element of the crime defined in Miss. Code Ann. § 41-29-139(a)(1). Appellant was not entitled to post-conviction relief.
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| Hatten v. State, NO. 2004-KA-02241-COA,
COURT OF APPEALS OF MISSISSIPPI, September 26, 2006, Decided
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Overview: There was sufficient evidence to sustain a conviction for possession of a firearm by a felon under Miss. Code Ann. § 97-37-5(1) based on the fact that defendant was found with a gun in his waistband; it was irrelevant that he was not seen shooting the gun, and the jury could have disbelieved his self-defense claim.
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| Higdon v. State, NO. 2005-KA-00941-COA,
COURT OF APPEALS OF MISSISSIPPI, September 26, 2006, Decided
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Overview: Defendant's conviction for fondling was appropriate because the fact that the victim's father was in prison for child molestation was not relevant evidence under Miss. R. Evid. 401 since the evidence regarding the victim's father did not affect the credibility of the victim and she had not seen her father in over four years.
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| In re Mandatory Continuing Legal Educ., No. 89-R-99011-SCT,
SUPREME COURT OF MISSISSIPPI, September 26, 2006, Decided
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| Jewell v. State, NO. 2005-CP-00811-COA,
COURT OF APPEALS OF MISSISSIPPI, September 26, 2006, Decided
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Overview: Appellate court affirmed the denial of an inmate's motion for post-conviction relief but held that the notice of appeal was timely under the prison mailbox rules and Miss. R. App. P. 4(a) as the notice was received shortly after the 30-day time period and the State did not overcome the presumption of timeliness.
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| Miss. Empl. Sec. Comm'n v. Woods, NO. 2005-CC-01701-COA,
COURT OF APPEALS OF MISSISSIPPI, September 26, 2006, Decided
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Overview: Although an employee violated an employer's policy by failing to call and give an update on his medical status on a regular basis while receiving workers' compensation benefits, he was not disqualified from receiving unemployment benefits under Miss. Code Ann. § 71-5-513(A)(1)(b) based on misconduct since the policy was not consistently applied.
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| Ouzts v. State, NO. 2005-KM-00432-COA,
COURT OF APPEALS OF MISSISSIPPI, September 26, 2006, Decided
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Overview: In a case involving DUI and reckless driving, venue under Miss. Code Ann. § 99-11-3(1) was proper in the county where an officer spotted defendant speeding on the wrong side of the road, even though defendant was eventually stopped in another county.
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