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| Horton v. Epps, NO. 2006-CP-01833-COA,
COURT OF APPEALS OF MISSISSIPPI, October 2, 2007, Decided
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Overview: An inmate's claim that applying Miss. Code Ann. § 47-5-138.1 (Rev. 2004) to him constituted an ex post facto law was improperly dismissed where he only took issue with whether he was entitled to trusty earned time, venue was governed by Miss. Code Ann. § 11-11-3(1)(a)(i) (Rev. 2004), and the action was filed in the county where he was incarcerated.
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| Jackson v. State, NO. 2006-CP-01588-COA,
COURT OF APPEALS OF MISSISSIPPI, October 2, 2007, Decided
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Overview: The circuit court properly denied an inmate's petition for postconviction relief, which was filed more than three years after the inmate pleaded guilty. Because none of the inmate's claims satisfied the exceptions set forth in Miss. Code Ann. § 99-39-5(2), the claims were time-barred.
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| McDowell v. State, NO. 2005-KA-02057-COA,
COURT OF APPEALS OF MISSISSIPPI, October 2, 2007, Decided
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Overview: Defendants' convictions for depraved-heart murder in violation of Miss. Code Ann. § 97-3-19(1)(b) were proper because all eyewitnesses testified that the first defendant repeatedly struck the victim and that the second defendant aided and abetted the first defendant in the victim's murder.
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| Moore v. Wilson, NO. 2006-CA-00363-COA,
COURT OF APPEALS OF MISSISSIPPI, October 2, 2007, Decided
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Overview: Appellate court had no jurisdiction to consider an appeal by parties who filed a motion to reopen the time for appeal approximately 14 days after receiving notice of the decree being appealed from because under Miss. R. App. P. 4(h), the motion should have been filed within 7 days of receiving the notice.
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| Oswalt v. Oswalt, NO. 2006-CA-01254-COA,
COURT OF APPEALS OF MISSISSIPPI, October 2, 2007, Decided
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Overview: A grant of divorce to the wife on the grounds of habitual cruel and inhuman treatment was proper because the physical assaults on the wife, together with the husband's tendencies toward suicide, were enough to have given the wife a reasonable apprehension of danger to her life, limb, and health.
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| Robinson Prop. Group v. Newton, NO. 2006-WC-01288-COA,
COURT OF APPEALS OF MISSISSIPPI, October 2, 2007, Decided
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Overview: Award of workers' compensation benefits to an employee was overturned where unauthenticated medical records of a physician, which contained opinion that employee suffered focal dystonia, were grounded on mistaken belief that she was currently and had been working for employer since 1997, and did not account for her intervening employment elsewhere.
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| Wildmon v. City of Booneville, NO. 2006-KM-00568-COA,
COURT OF APPEALS OF MISSISSIPPI, October 2, 2007, Decided
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Overview: Traffic citation issued to defendant provided jurisdiction to both a municipal court and a circuit court to hear a charge of driving under the influence, despite a failure to include a court date as required by Miss. Code Ann. § 63-9-21(3)(c), because defendant had actual knowledge of the date and the citation had been amended to include it.
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