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| 1999 Buick Century v. State, NO. 2006-CA-02046-COA,
COURT OF APPEALS OF MISSISSIPPI, October 2, 2007, Decided
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Overview: Summary judgment in favor of the State in the forfeiture proceeding was affirmed, because the owner failed to file a statutorily sufficient petition within thirty days after receipt of the notice of intention to forfeit, when the owner's attorney, not the owner, signed the petition that was filed within thirty days after receipt of the to forfeit.
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| Anderson v. State, NO. 2004-KA-01852-COA Consolidated with NO. 2005-KA-00527-COA Consolidated with NO. 2004-KA-01858-COA,
COURT OF APPEALS OF MISSISSIPPI, October 2, 2007, Decided
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Overview: Three defendants capital-murder convictions in violation of Miss. Code Ann. § 97-3-19(2)(e) were proper because, although a limiting instruction given to the jury regarding confessions by defendants was not sufficient, no prejudice or manifest injustice resulted as to any defendant. They gave sufficient evidence in their separate statements.
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| Cleveland v. Killen, NO. 2006-CA-01021-COA,
COURT OF APPEALS OF MISSISSIPPI, October 2, 2007, Decided
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Overview: In dispute among sister-in-law, her husband, and his brother, adverse possession claim to plot of land failed because brother had always granted permissive use of the land to the husband, who was his brother, and that permission was never terminated.
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| Craft v. State, NO. 2006-CP-01636-COA,
COURT OF APPEALS OF MISSISSIPPI, October 2, 2007, Decided
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Overview: Defendant's appeal of the denial of postconviction relief was dismissed where there was no suggestion that he sought leave from Mississippi Supreme Court, much less received permission to seek postconviction relief at trial level, as required by Miss. Code Ann. § 99-39-7; without such permission, trial court lacked jurisdiction to consider motion.
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| Durham v. Univ. of Miss., NO. 2006-CA-01388-COA,
COURT OF APPEALS OF MISSISSIPPI, October 2, 2007, Decided
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Overview: Because a university did not violate a duty directly to a shareholder of a corporation from an alleged commercial lease agreement, the dismissal of the shareholder's claim against the university pursuant to Miss. R. Civ. P. 12(b)(6) for lack of standing was proper.
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| Edwards v. State, NO. 2006-KA-01699-COA,
COURT OF APPEALS OF MISSISSIPPI, October 2, 2007, Decided
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Overview: Defendant was convicted of possession of a weapon by a felon. The evidence was sufficient to sustain a conviction because the State, pursuant to Miss. Code Ann. § 97-37-5(1), needed only to prove that defendant was a convicted felon, and that he willfully possessed a firearm. Testimony of multiple witnesses and other evidence was sufficient.
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| Frith v. State, NO. 2006-CP-01449-COA,
COURT OF APPEALS OF MISSISSIPPI, October 2, 2007, Decided
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Overview: Denial of postconviction relief was affirmed because the petitioner acknowledged that he understood the charges against him and that he knew and understood the maximum sentence for the crimes charged, and the record reflected that the petitioner fully understood the consequences of his guilty plea.
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| Hampton v. State, NO. 2006-CA-01211-COA,
COURT OF APPEALS OF MISSISSIPPI, October 2, 2007, Decided
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Overview: Defendant's conviction for the possession of cocaine was proper because the purpose of the roadblock at issue was to check for valid driver's licenses and appellate court found that the checkpoint was reasonable and had a valid purpose. Thus, the trial court's admission of the cocaine into evidence was not erroneous.
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| Hardin v. State, NO. 2006-CP-00068-COA,
COURT OF APPEALS OF MISSISSIPPI, October 2, 2007, Decided
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Overview: Record showed that appellant entered a voluntary and knowing guilty plea to, inter alia, armed robbery, where the record reflected that, at the plea hearing, the trial court informed appellant that his guilty plea would waive his right to a trial and that appellant stated that he understood the waiver.
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| Holmes v. State, NO. 2006-CP-00412-COA,
COURT OF APPEALS OF MISSISSIPPI, October 2, 2007, Decided
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Overview: Circuit judge who was disqualified, under Miss. Code Jud. Conduct Canon 3, from ruling on appellant's motion for postconviction relief (PCR) should have recused himself because even assuming that appellant had effectively waived the judge's disqualification to preside over his guilty plea hearing, that waiver did not extend to the PCR proceeding.
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