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May 27, 2010
¶ 1. Melissa Weeks Wood appeals the Lowndes County Chancery Court's valuation and equitable distribution of a joint retirement savings account. Finding no error, we affirm... FACTS AND PROCEDURAL HISTORY... ¶ 2. Melissa and Kelly Wood were married in 1990 and separated on April 24, 2008. Subsequently, they filed a joint bill for divorce on the ground of irreconcilable differences. On May 2, 2008, Melissa and Kelly executed an "Agreement Concerning the Custody, Support of and...
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May 27, 2010
¶ 1. In this toxic-tort case,1 Rebekah Angle asserts various state-law claims for injuries she suffered from 1984 to 2001. Finding these claims time-barred, the trial court granted summary judgment in favor of the Defendants. Angle has timely appealed to this Court, asserting two theories in support of her argument that her claims are not time-barred: (1) the three-year statute of limitations under Mississippi Code Section 15-1-49 begins to run upon discovery of the cause of the action;...
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May 27, 2010
¶ 1. Jaison Harness was convicted of aggravated driving under the influence of alcohol (DUI) and sentenced to twenty-five years' incarceration with ten years suspended and five years of supervised probation. Harness appealed his conviction, and the Court of Appeals affirmed. Harness v. State, 2009 WL 1383470 (Miss. Ct. App. May 19, 2009). This Court granted Harness's petition for writ of certiorari to examine the issue of whether the State had wrongfully disregarded Harness's request for...
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May 27, 2010
¶ 1. Raphael Flowers appeals his conviction of one count of statutory rape of a seven-year-old boy and sentence of thirty years in the custody of the Mississippi Department of Corrections. Finding error, we reverse his conviction and sentence... FACTS... ¶ 2. Flowers was indicted on two counts of statutory rape1 and two counts of sexual battery,2 offenses that are alleged to have occurred in April 2006. Flowers, who was eighteen years old at the time of the offense, was charged with...
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May 25, 2010
¶ 1. Following a bench trial, Clinton Wyatt Nolan was convicted of heat-of-passion manslaughter in the DeSoto County Circuit Court. He was sentenced to seven years in the custody of the Mississippi Department of Corrections and to thirteen years of post-release supervision, with five reporting and eight non-reporting. Aggrieved, Nolan appeals and asserts (1) that the circuit court erred in refusing to grant his motion for a directed verdict,1 (2) that the verdict is against the...
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May 25, 2010
¶ 1. James Medlin was convicted of aggravated assault and sentenced to twenty years, with five years suspended, in the custody of the Mississippi Department of Corrections (MDOC). Medlin filed a motion for post-conviction relief, which the trial court denied. Aggrieved, Medlin appeals, raising one issue: whether his sentence was illegal. Finding no error, we affirm... FACTS AND PROCEDURAL HISTORY... ¶ 2. On October 20, 2004, Medlin was indicted by a Marshall County grand jury for the...
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May 25, 2010
¶ 1. Oscar Sayles appeals the Tunica County Circuit Court's order denying his motion for post-conviction relief (PCR). Finding no error, we affirm the circuit court's judgment... FACTS... ¶ 2. Sayles was indicted by a Tunica County grand jury, as a habitual offender, pursuant to Mississippi Code Annotated section 99-19-81 (Rev. 2007), for sale of cocaine, a schedule II controlled substance as listed in Mississippi Code Annotated section 41-29-115(A)(a)(4) (Rev. 2009). Sayles...
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May 25, 2010
FACTS AND PROCEDURAL HISTORY... ¶ 1. On August 13, 2007, Reginald Ladale Edwards pleaded guilty in the Claiborne County Circuit Court to one count of sale of cocaine. Edwards was subsequently sentenced to eight years, with two years suspended and six years to serve in the custody of the Mississippi Department of Corrections (MDOC) and two years' post-release supervision. On December 8, 2008, Edwards filed a motion for post-conviction relief. The trial court denied Edwards's request for...
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May 25, 2010
¶ 1. Rebecca Gill was injured on the job and thereafter applied for benefits through the Mississippi Workers' Compensation Commission (the Commission). The administrative law judge (ALJ) found that Gill had sustained a permanent-partial disability and suffered a twenty-percent loss of wage-earning capacity. The case was appealed to the Commission, and the Commission amended the ALJ's order, awarding Gill only a ten-percent loss of wage-earning capacity. Both parties appealed to the trial...
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May 25, 2010
¶ 1. Jarret Nichols appeals his conviction of driving under the influence, first offense. The City of Madison, Mississippi, contends that this Court lacks jurisdiction. We agree and dismiss the appeal... SUMMARY OF FACTS AND PROCEDURAL HISTORY... ¶ 2. On March 7, 2008, Nichols entered a plea of nolo contendre with the Madison Municipal Court to the charges of driving under the influence, first offense, and careless driving. After a de novo trial in the County Court of Madison County,...
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May 25, 2010
¶ 1. On May 12, 2003, Gary Lewis was indicted by a Pike County grand jury for one count of sale of cocaine and one count of conspiracy to sell cocaine. The offenses were alleged to have occurred in April and June 2002, respectively. On January 6, 2004, Lewis pleaded guilty to the conspiracy count, and the sale of cocaine charge was dropped pursuant to a plea agreement. On the conspiracy count, the circuit court sentenced Lewis to twenty years in the custody of the Mississippi Department of...
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May 25, 2010
¶ 1. Francis Murray appeals from the Jackson County Circuit Court's judgment affirming the decision of the Mississippi Workers' Compensation Commission (Commission) that her claim for benefits was barred by the two-year statute of limitations. Finding no error, we affirm... FACTS AND PROCEDURAL HISTORY... ¶ 2. On April 7, 1999, Murray slipped and fell, striking her head, while working at Ingalls Shipbuilding, in Mississippi, where she was employed as a logistics analyst. Murray was...
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May 25, 2010
¶ 1. The Rankin County Chancery Court awarded legal and physical custody of C.H.,1 a minor child, to her father, Joseph R. McDaniel, based on a finding that a material change in circumstances had occurred since its previous judgments that warranted changing C.H.'s custody from her mother, Teressa C. Curry. Curry appeals. Finding no reversible error with the chancery court's judgment, we affirm... FACTS... ¶ 2. In November 2001, McDaniel and the Mississippi Department of Human Services...
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May 25, 2010
¶ 1. Richard Becker, appearing pro se, appeals the Circuit Court of Harrison County's denial of his motion for post-conviction relief. We find no error and affirm... STATEMENT OF FACTS AND PROCEDURAL HISTORY... ¶ 2. In December 2006, a grand jury of the first judicial district of Harrison County returned a three-count indictment against Becker for touching a child for lustful purposes, on or between June 2006 and August 2006, when he occupied a position of trust as the victim's...
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May 25, 2010
¶ 1. A Rankin County Circuit Court jury found Jason Johnson guilty of shooting into a dwelling house. The trial judge sentenced Johnson to ten years in the custody of the Mississippi Department of Corrections (MDOC). Johnson now appeals his conviction and sentence, challenging the weight and sufficiency of the evidence as to the element of willfulness. Finding no error, we affirm... STATEMENT OF FACTS AND PROCEDURAL HISTORY... ¶ 2. On the afternoon of May 22, 2005, the victim,...
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May 25, 2010
¶ 1. George Davis, Jr. appeals the Circuit Court of Tunica County's denial of his petition for an out-of-time appeal. Finding no error, we affirm the circuit court's judgment... STATEMENT OF FACTS AND PROCEDURAL HISTORY... ¶ 2. In February 2004, a Tunica County grand jury jointly indicted Davis and Charlie Thomas "individually or while aiding and abetting and/or acting in concert" for armed robbery of the Sheraton Casino in Tunica County, Mississippi, pursuant to Mississippi...
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May 20, 2010
¶ 1. J.B. Hunt Transport, Inc. ("J.B. Hunt") filed suit against George E. McGee, M.D., and Forrest General Hospital ("FGH") asserting claims of negligence, medical malpractice, and common-law indemnity arising from the treatment of Melissa Hall, who was injured in an automobile accident by a tractor-trailer owned and operated by J.B. Hunt.1 J.B. Hunt negotiated a settlement with Hall's estate and wrongful-death beneficiaries before filing the instant action. The trial court...
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May 18, 2010
¶ 1. A jury sitting before the Attala County Circuit Court found Donovan Eric Johnson guilty of two counts of selling cocaine. For each count of selling cocaine, the circuit court sentenced Johnson to twenty-five years in the custody of the Mississippi Department of Corrections. However, the circuit court set the sentences to run concurrently. Following Johnson's unsuccessful post-trial motions for a new trial and/or a judgment notwithstanding the verdict, Johnson appeals. Finding no...
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May 18, 2010
¶ 1. An employee of a Vicksburg, Mississippi, car wash business struck Derral Holmes in the head with a baseball bat. Holmes died as a result of the assault. The administratrix of Holmes's estate filed a wrongful death suit in the Circuit Court of Warren County against Campbell Properties, Inc. and T&S Tunnel Express (hereinafter referred to collectively as "Campbell Properties"). The complaint alleged these entities owned and operated the car wash business, respectively. The...
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May 18, 2010
¶ 1. A Coahoma County grand jury indicted DeMarco Wilkins a/k/a "Rambo" for the following crimes: Count I, aggravated assault of Michael Martin; Count II, aggravated assault of Thaddeus Houston; Count III, murder of Martin; Count IV, felon in possession of a firearm; and Count V, shooting into an occupied dwelling. On January 22, 2009, a jury sitting before the Coahoma County Circuit Court convicted Wilkins of Counts I, III, IV, and V, but acquitted him of Count II. The circuit...
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