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August 26, 2008
¶1. Anthony Swift appeals the Clay County Circuit Court's dismissal of his motion for post-conviction relief. Swift was initially indicted on three counts of sale of cocaine. Thereafter, the State moved to amend the indictment against Swift, reducing the charges to possession of cocaine. Swift pleaded guilty to the possession of cocaine, and he was sentenced thereafter... ¶2. In his brief to this Court, Swift alleges a myriad of trial court errors, including allegations against the...
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August 26, 2008
¶1. Following an indictment for possession of cocaine, the Circuit Court of Pontotoc County revoked James Lyons's probation. Thereafter, the circuit court denied Lyons's motion for post-conviction relief, in which Lyons argued that his probation was wrongfully revoked. He then filed a second motion styled as a motion for habeas corpus relief. The circuit court treated the habeas petition as a motion for post-conviction relief and summarily denied it as a successive writ. Aggrieved, Lyons...
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August 26, 2008
¶1. This is the second appeal before this Court in this divorce action. William (Bill) Striebeck and Ruth Ann Provenza Striebeck were married in August 1991. Bill is an attorney in private practice. Ruth Ann is an educator employed by the Greenville School District; she also works part time at a community college. They were granted a divorce by the Washington County Chancery Court in November 2003. Both parties appealed the monetary aspects of the judgment. The provisions of the first...
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August 26, 2008
SUMMARY OF THE CASE... ¶1. John and Beth Rester divorced and executed a property settlement agreement. Within that agreement, John agreed to pay Beth $2,500 in monthly periodic alimony. Approximately ten years later, John claimed Beth had been cohabitating with a man named Al Cabrera as though they were married. Consequently, John sought to terminate his obligation to pay Beth alimony. In response, Beth filed a request for additional alimony. After conducting a hearing, the chancellor...
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August 26, 2008
FACTS AND PROCEDURAL HISTORY... ¶ 1. On August 18, 2003, Lakeshia Denise Carr filed a criminal complaint with the Ruleville Police Department against her estranged boyfriend, Rodney White. Carr stated that White had threatened her with a gun. Carr and White had a history of domestic problems, which were caused by White. An arrest warrant for White was issued shortly thereafter. Larry Mitchell, acting Chief of the Ruleville Police Department, interviewed Carr at the time she filed the...
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August 26, 2008
FACTS AND PROCEDURAL HISTORY... ¶ 1. On December 31, 2003, Mauyad "Mike" Alqasim was unloading his vehicle in the parking lot of the Hampton Inn North on Briarwood Drive in Jackson, Mississippi at approximately 10:15 p.m. when he was approached by an unknown person and told to "give it up." The assailant took Alqasim's money and jacket and shot him in the left leg. A hotel guest found Alqasim in the parking lot and called the police and an ambulance... ¶ 2. On January...
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August 26, 2008
¶ 1. In the Clay County Circuit Court, a jury found Lasharis T. Alford guilty of murder and possession of a firearm as a previously convicted felon. The circuit court established that Alford was a habitual offender and sentenced him to life imprisonment in the Mississippi Department of Corrections (MDOC) without the possibility of parole for the murder conviction and to three years in the custody of the MDOC for the possession of a firearm conviction to run consecutively to the murder...
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August 26, 2008
¶ 1. At a hearing held on March 6, 2007, the Chancery Court of DeSoto County ordered the sale of approximately 160 acres located in DeSoto County to McPhail & Associates, Inc. The land in question had a large number of heirs, some of which owned only a small interest. Earlier, a portion of the heirs had sought to partition and settle their ownership interest in the land. Isaac Cathey appeals the judgment of the chancery court ordering partition by sale of the land to McPhail... FACTS AND...
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August 26, 2008
¶ 1. On May 3, 2007, the Newton County Circuit Court entered a judgment in favor of Jerry Crosby to evict Rush H. Sorey and his wife, Cheri Sorey, from certain land in Newton County. The land had been obtained by Crosby through a deed of trust and subsequent foreclosure of the property owned by the Soreys. Aggrieved, the Soreys now appeal... FACTS... ¶ 2. At some point in 2002, the Soreys and Crosby reached an agreement whereby Crosby loaned the Soreys approximately $ 400,000, as well...
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August 26, 2008
¶ 1. Colt Allen Christian was found guilty of aggravated assault by a jury in the Circuit Court of Jackson County and sentenced to twenty years, with eighteen years to serve in the custody of the Mississippi Department of Corrections and two years of post-release supervision, along with a $5,000 fine. Christian now appeals that conviction and sentence... FACTS AND PROCEDURAL HISTORY... ¶ 2. On June 19, 2005, the Jackson County Sheriff's Department was called out to investigate a...
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August 21, 2008
¶1. Guy "Philp" Ruff, Jr., received a personal loan from his parents Puddie E. Ruff and Guy P. Ruff, Sr., now deceased. Ruff defaulted on payments under the original loan agreement, a subsequent bankruptcy consent order, and a later consent order entered in the chancery court. The Estate of Guy P. Ruff, Sr., filed a quitclaim deed in lieu of foreclosure following Ruff's failure to make timely payment under the terms of the chancery court's consent order. Ruff sought injunctive...
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August 21, 2008
¶1. This case comes before the Court on appeal from the Circuit Court of Adams County. Carmen Hastings petitioned the circuit court to have the body of her daughter, Victoria ("Tori") Spiers, disinterred so that she could be buried in Wichita Falls, Texas, where Tori had lived with Hastings. Joel Spiers, Tori's natural father, objected. The circuit court denied Hastings's petition, and Hastings' appealed to this Court... FACTS AND COURSE OF PROCEEDINGS... ¶2. Victoria Spiers...
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August 19, 2008
¶1. Jason Lagarret McBeath, Jr., and Candace D. Price had a child, Jason Latrell McBeath (Jay). Candace enlisted in the United States Army, and while she was in basic training, Jason petitioned for custody of Jay. The Harrison County Chancery Court conducted a hearing on Jason's petition, but Candace did not appear at the hearing. Ultimately, the chancellor awarded Jason custody of Jay... ¶2. Subsequently, Candace filed a motion to reconsider or, alternatively, a motion to set aside...
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August 19, 2008
¶1. James Braddock, on behalf of his deceased mother, Mittie M. Moulds, filed suit against Covenant Health and Rehabilitation of Picayune (Covenant Health) for wrongful death relating to his mother's stay at one of their facilities, the Picayune Convalescent Center. Covenant Health subsequently sought to compel arbitration based on the arbitration clause found in the admissions agreement governing Moulds's stay in that facility. The circuit court refused to compel arbitration, finding that...
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August 19, 2008
¶1. Timothy Dampeer was convicted by a jury in the Simpson County Circuit Court of possession of cocaine. He was sentenced as a habitual offender and ordered to serve a term of four years in the custody of the Mississippi Department of Corrections, without the possibility of probation or parole. Aggrieved, Dampeer appeals and raises one issue: whether the trial court erred in denying his motion for a directed verdict of acquittal or his motion for a judgment notwithstanding the verdict. We...
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August 19, 2008
¶1. Omar Kazery was convicted of felony child abuse in the Circuit Court of Hinds County. He was sentenced to a term of twenty years in the custody of the Mississippi Department of Corrections, with fifteen years suspended and four years of post-release supervision. The trial court denied Kazery's post-trial motions. Aggrieved, Kazery appeals and challenges the weight and sufficiency of the evidence. We find no error and affirm... FACTS... ¶2. On May 29, 2002, Leah McPhearson brought...
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August 19, 2008
¶1. A Pearl River County grand jury indicted Robert L. Grant on September 30, 2004, for capital murder. The indictment was later amended to charge Grant as a habitual offender. Grant was convicted after a jury trial in August 2006 in the Pearl River County Circuit Court. He was sentenced as a habitual offender to serve a sentence of life imprisonment in the custody of the Mississippi Department of Corrections without eligibility for parole. Aggrieved, Grant appeals, alleging six errors he...
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August 19, 2008
1.¶ Stephen T. Yarbrough was convicted in the Lowndes County Circuit Court of aggravated assault on a law enforcement officer and was sentenced as a habitual offender to thirty years in the custody of the Mississippi Department of Corrections. Aggrieved, he appeals and asserts that the court erred in allowing the State to amend the indictment and that the verdict is against the overwhelming weight of the evidence... ¶2. Finding no error, we affirm... FACTS... ¶3. Clint Sims, a...
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August 19, 2008
¶1. Louis R. Reese filed a motion for post-conviction relief (PCR) challenging the revocation of his post-release supervision and suspended sentence by the Circuit Court of Monroe County. The circuit court dismissed the PCR motion, and Reese appeals. Reese contends that: (1) because he was a prior felon, the circuit court lacked the authority to impose a suspended sentence; therefore, the revocation was improper, and (2) there was insufficient evidence supporting the revocation... ¶2....
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August 19, 2008
¶1. In August 2003, Grover S. Summerlin executed a quitclaim deed conveying a parcel of land situated in Madison County, Mississippi to his son, Curtis Summerlin, to the exclusion of his daughter, Barbara Ann Lynch. The legal description of the land attached to the quitclaim deed was different from the legal description contained in Grover's original warranty deed. Upon Grover's death, Lynch filed a petition to set aside the conveyance of the land on the grounds that the quitclaim deed was...
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