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In Re CBY,

Court Of Appeals Of Mississippi
2006-08-22
85 pages; 25575 words
Whether the DHS violated the constitutional rights of A.Y. by requiring that she and her newborn leave her husband and submit to foster care before they s best interest; and (3) A.Y.' s best interest; and (3) A.Y.' Whether the DHS violated the constitutional rights of A.Y. by requiring that she and her newborn leave her husband and submit to foster care before they On December 20, 2003, A.Y. and Anderson met with Fertitta and signed authorizations for a background check.



Solomon v. Robertson,

Court Of Appeals Of Mississippi
2008-04-15
31 pages; 9355 words
The age, and physical and mental health of the grandparents. 5. The emotional ties between the grandparents and the grandchild. 6.

Before LEE, P.J., BARNES and ISHEE, JJ.

LEE, P.J., for the Court.

FACTS AND PROCEDURAL HISTORY

¶ 1. Lanedra Tushone Boyd and Joseph Boyd (Boyd) were divorced on July 7, 2001. Lanedra subsequently married Tim Solomon and became Lanedra Tushone Boyd Solomon (Solomon).

*320 Garland D. Upton, attorney for appellants.



Ellis v. State,

Court Of Appeals Of Mississippi
2003-05-20
53 pages; 15912 words
DEPARTMENT OF CORRECTIONS TO RUN CONSECUTIVELY TO 97-1-095 AND 97-3-215—COUNTS I AND II IS AFFIRMED. There is a very distinct and substantive difference between alleged, unsubstantiated bad acts and prior bad acts.

McMILLIN, C.J., KING AND SOUTHWICK, P.JJ., BRIDGES, LEE, IRVING, MYERS, CHANDLER AND GRIFFIS, JJ., CONCUR.

He was found in the front of the store with his keys and a padlock to the store on the ground, and a large amount of cash was found nearby. He testified that Ellis was the triggerman and that he heard nine gunshots fired by Ellis and the other armed accomplice, called Mike-Mike in the record



Rogers v. State,

Court Of Appeals Of Mississippi
2008-03-18
163 pages; 48962 words
to reveal a pistol; (5) that Woodland then raised his shirt to also reveal a pistol; and (6) that Woodland walked away and then turned and fired at Rogers Assuming there were some evidence that Rogers provoked Woodland and that Woodland survived and Rogers died, Woodland might have attempted to assert provocation As Woodland crouched and tried to clear his weapon, Rogers drew his pistol, "started running straight at [Woodland]," and fired at him. Green testified that Woodland fired first and that, as Rogers returned fire, she was struck in the hand. Woodland, stood over him, and fired one to three more shots.



Jerry L. Kennedy v. Claiborne County, Mississippi,

Court Of Appeals Of Mississippi
2017-02-14
59 pages; 17565 words
Claiborne County responded and filed a cross-motion for summary judgment and claimed that the contract was not valid and enforceable, and Kennedy was dues and licenses. The minutes “are the sole and exclusive evidence of what the board did” and “must be the repository and the evidence of their official acts.” valid and enforceable contract for a term of five years between Kennedy and the Board. Additionally, the contract provides for fringe benefits including a pager and a cell phone, and reimbursement for travel, lodging, food, and professional



Mahaffey v. MISSISSIPPI EMPLOYMENT SEC. COM'N,

Court Of Appeals Of Mississippi
2005-10-11
17 pages; 5101 words

KING, C.J., BRIDGES AND LEE, P.JJ., IRVING, MYERS, CHANDLER, GRIFFIS AND BARNES, JJ., CONCUR.

., MYERS, and ISHEE, JJ.

ISHEE, J., for the Court.

¶ 1. On September 6, 2003, Mahaffey filed a notice of appeal with MESC, and a hearing was held by an appeals referee on September 25, 2003. Mahaffey was then granted permission by the Mississippi Supreme Court to proceed in forma pauperis, and she perfected this appeal pro se. The referee's opinion was based on his findings of fact that Mahaffey had not been under any threat of discharge, and that she had voluntarily quit her



Bennett v. State,

Court Of Appeals Of Mississippi
1999-03-23
55 pages; 16598 words
grand larceny. Bennett merely recited that burglary and grand larceny were crimes of falsehood (which is not generally true) and that their probative value outweighed Davis got out of the wrecked car and was allegedly going for help when he was picked up by Bennett and Brown. cocaine and had rammed Bennett's vehicle, but before she herself went to Wilder's and picked up Daryl Davis. Davis then got into her car and both drove off.



Estate of Smith v. Samuels,

Court Of Appeals Of Mississippi
2002-07-23
43 pages; 12841 words
Here, option contract and extension recited consideration as ten dollars paid and other good and valuable consideration. In that case, the description of land would be determined by the annexation and zoning process. Id. assigning meaning with fairness and accuracy." Hewitt Smith and Peter F. Swalm for additional funds. On August 3, 1990, a promissory note was executed by Dennis Smith and his wife, Lillie Mae Smith, in the amount of $301,000. Mr. and Mrs.



Borne v. DUNLOP TIRE CORP., INC.,

Court Of Appeals Of Mississippi
2009-06-30
77 pages; 23034 words
BORNE; and the Estate of Eldridge Dupree, Deceased, by and through his Personal Representative, Nichole Dupree; and the Wrongful Death Beneficiaries of Nu-Way Steel and Supply, Inc. Ferguson Sand & Gravel Co. Ford Motor Company and Interstate Ford settled with Plaintiffs and were dismissed from the case.

KING, C.J., LEE AND MYERS, P.JJ., IRVING, GRIFFIS, ISHEE, ROBERTS, CARLTON AND MAXWELL, JJ., CONCUR.



Merideth v. Merideth,

Court Of Appeals Of Mississippi
2008-07-01
89 pages; 26617 words
fees and expenses, against him. Fred Wagner and Roy Anderson, Jr., Inc. abutting forty acres of land owned by Sonny. would move for sanctions and attorneys' fees. Philip filed a motion to dismiss and a motion for sanctions and injunctive relief, all of which were heard in one motion hearing.



Hill v. Mitchell,

Court Of Appeals Of Mississippi
2002-05-28
83 pages; 24815 words
and her mother. Shortly after the child had been born in December 1943, she and her mother moved in with the mother's sister and her husband. There, the natural parents voluntarily gave full custody of their three children, ages four, two-and-a-half, and one-and-a-half to the father's parents Masur's belief that the grandparents "do all the dirty work, and he seems to come in and [take] the child to the movies and the things that are kind of SHELTON HAND JR., MISSISSIPPI DIVORCE, ALIMONY AND CHILD CUSTODY §§ 22-1, 526 (1998).

¶ 25.



Crowley v. State,

Court Of Appeals Of Mississippi
2000-10-31
41 pages; 12327 words
, and (2) his conviction and sentence must be reversed because the evidence is insufficient to sustain them and the verdict is against the overwhelming Alderson were her husband, who was in the passenger seat, and her three children, who were in the back seat. the accident and the injuries to Ric Kimbrell which included a scar of the forehead and loss of six teeth. We believe the statute covers mutilation, disfigurement and destruction of the forehead and teeth. See Holloman v. Lanier and Morah both testified that Crowley drove the entire trip and that Crowley was driving at the time of the accident.



Weeks v. State,

Court Of Appeals Of Mississippi
2002-07-16
26 pages; 7686 words
and that the discrepancies noted by Weeks were jury questions and as such, the jury was the sole judge of the weight and worth of the testimony. the verdict and where reasonable and fair minded jurors may have found appellant guilty. Specifically, Barkley was assigned to sleep in Weeks's cell room, and Willie and Antwon shared a cell room.

McMILLIN, C.J., KING AND SOUTHWICK, P.JJ., BRIDGES, THOMAS, LEE, MYERS, CHANDLER AND BRANTLEY, JJ., CONCUR.

Barkley decided to sleep on the floor in Antwon and Willie's room because Antwon was Barkley's cousin, and Barkley felt safer in Antwon's cell.



Sweat v. State,

Court Of Appeals Of Mississippi
2005-06-16
113 pages; 33757 words
However, we find merit in Sweat's first issue and we reverse and remand Sweat's sentence for proper resentencing. Strickland v. There was no error that requires reversal and remand for resentencing. App.2002), and McGleachie v. [FN4] Therefore, we affirm in part, and reverse in part, the judgment of the Court of Appeals and reinstate and affirm in toto the judgment of the DeSoto



Sanderson v. State,

Court Of Appeals Of Mississippi
2004-05-11
56 pages; 16675 words
In the present case, the jury heard the witnesses and the evidence and arguments presented by both the State and the defense. She also stated that at one point she heard Lulu "screaming and crying" and that Lulu seemed to be "upset" for the rest of the day and night. According to the record, Annie Sue informed police and Gann that she and Sanderson had been in a fight and that she had packed her clothes to leave. Alcorn County police officers responded to the call and later transported Annie Sue and her children, Elmo, Betty Lou and Lulu to the sheriff's office. Sanderson was later tried and found guilty.



Sabrina Lynn Welton v. Daniel Westmoreland,

Court Of Appeals Of Mississippi
2015-11-17
179 pages; 53592 words
Justice and Alexice testified that Sabrina and Darren fight constantly. ¶10. In her January 2014 testimony, Sabrina said that she and Darren had patched things up and had “the prenup ready to sign”—although it was not signed, and There is no question Daniel has been a caring and responsible stepfather to Justice, and has a strong emotional bond with both Justice and Alexice. The chancellor correctly held that he had jurisdiction and authority to modify custody and grant Daniel physical custody of both Justice and Alexice. at hotels in Oxford and Memphis.



Nelson v. State,

Court Of Appeals Of Mississippi
2009-09-15
34 pages; 10272 words
years suspended on Count III, and five years with two and one-half years suspended on Count IV. COUNT II, CONSPIRACY, AND SENTENCE OF FIVE YEARS WITH TWO AND ONE-HALF YEARS SUSPENDED; COUNT III, UTTERING A FORGERY, AND SENTENCE OF TEN YEARS WITH FIVE YEARS SUSPENDED; AND COUNT IV, CONSPIRACY, AND SENTENCE OF FIVE YEARS WITH TWO AND ONE-HALF YEARS SUSPENDED; WITH THE SENTENCE IN COUNT II TO RUN CONSECUTIVELY Holland, Attorney for appellee.

Before LEE, P.J., GRIFFIS and ROBERTS, JJ.

LEE, P.J., for the Court. TO THE SENTENCE IN COUNT I; WITH THE SENTENCE IN COUNT III TO RUN CONSECUTIVELY TO THE SENTENCES IN COUNTS I AND II; AND WITH THE SENTENCE IN COUNT IV



Byrd v. Mississippi Power Co.,

Court Of Appeals Of Mississippi
2006-11-21
43 pages; 12913 words
and convenient to and in connection with" MPC's business — supplying electricity to its customers.

LEE AND MYERS, P.JJ., SOUTHWICK, IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE AND ROBERTS, JJ., CONCUR. Plaintiffs also argued that any trespass gives rise to at least nominal damages and, if the trespass is willful and wanton, punitive damages. Both Byrd and MPC noted in their briefs that MPC has filed a second motion for summary judgment and that, while this appeal has been pending, an entire

PROCEDURAL HISTORY AND FACTS

¶ 2.



Statham v. Miller,

Court Of Appeals Of Mississippi
2008-07-22
43 pages; 12942 words
Statham's complaint alleged a claim for assault and battery and demanded damages in the amount of $2,500 and all costs. And the jurisdiction to consider such cases de novo on appeal, and, decide them according to the law and the evidence, independent of the rulings and judgment The motion to amend asked to increase his damage demand in excess of $10,000 and requested that he be allowed to include claims for punitive damages and We find reversible error and remand for further proceedings.

FACTS

¶ 2.

IT IS THEREFORE, ORDERED AND ADJUDGED that the appeal herein be and the same is hereby dismissed and said cause be remanded for



Walters v. City of Greenville,

Court Of Appeals Of Mississippi
1999-11-16
64 pages; 19334 words
such businesses attract drug dealers and encourage gambling, loud music, and crime and cause serious loitering and parking problems. interest, and to determine whether the amendment is arbitrary and capricious. The burden of proving the City acted in an arbitrary and capricious manner must be met by clear and convincing evidence.

McMILLIN, C.J., KING AND SOUTHWICK, P.JJ., BRIDGES, DIAZ, IRVING, LEE, MOORE, AND THOMAS, JJ., CONCUR.

this must be by clear and convincing evidence."



MISSISSIPPI EMPLOYMENT SEC. COM'N v. Edwards,

Court Of Appeals Of Mississippi
2000-03-28
31 pages; 9190 words
., CONCURS IN PART AND DISSENTS IN PART, JOINED BY IRVING AND PAYNE, JJ.

KING, P.J., concurring in part, dissenting in part:

¶ 14. The circuit court determined that the one-time incident was not so wilful and wanton as to disqualify Edwards for unemployment benefits and ordered that

IRVING AND PAYNE, JJ., JOIN THIS OPINION.

THE JUDGMENT OF THE CIRCUIT COURT OF WASHINGTON COUNTY IS REVERSED AND RENDERED AND THE DETERMINATION OF THE MISSISSIPPI EMPLOYMENT SECURITY COMMISSION

SOUTHWICK, P.J., BRIDGES, LEE, MOORE, AND THOMAS, JJ., CONCUR.

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Bert Allen Toyota, Inc. v. Grasz,

Court Of Appeals Of Mississippi
2005-08-23
66 pages; 19871 words
WHETHER THE COURT ERRONEOUSLY ORDERED SPECIFIC PERFORMANCE

We affirm in part and reverse and remand in part. from $16,951, add $209 and $857.50, and arrive at a price of $15,017.50. Bowers Window and Door Co., Inc. v.

KING, C.J., BRIDGES AND LEE, P.JJ., MYERS, GRIFFIS, BARNES AND ISHEE, JJ., CONCUR. IRVING, J., NOT PARTICIPATING. Gabbert circled the price as $15,017.50 and hand wrote the word "everything" directly below the sum of $15,017.50.

¶ 6.



Kelly v. State,

Court Of Appeals Of Mississippi
2011-03-01
32 pages; 9516 words

LEE AND MYERS, P.JJ., IRVING, GRIFFIS, BARNES, ISHEE, ROBERTS, CARLTON AND MAXWELL, JJ., CONCUR.

and the consequences of entering a guilty plea. Kelly was sentenced to serve five years, with four years and 363 days suspended, and five years of probation in the custody of the MDOC. Kelly was sentenced to serve five years, with four years and 363 days suspended, and five years of probation in the custody of the Mississippi Department Hooks subsequently filed a motion for post-conviction relief, and in support of his motion, Hooks attached affidavits from both the victim and the victim's



Daniel Rollings v. State of Mississippi,

Court Of Appeals Of Mississippi
2016-05-31
43 pages; 12841 words
Rollings presented no witnesses of his own, and the jury returned a verdict convicting him of both charges – burglary and rape. Rollings now challenges the sufficiency and weight of the evidence and argues that he was indicted under the wrong statute for the crime of forcible The attacker left A.J.’s house, and A.J. called the police. Rollings contends that the trial court erred in denying his motions for a directed verdict and for a new trial or, in the alternative, a JNOV, and that He was arrested the day after the burglary and rape. ¶6.



James Douglas Smith v. State of Mississippi,

Court Of Appeals Of Mississippi
2015-04-28
43 pages; 12907 words
Rowland, 42 So. 3d at 506 (¶9). At Smith’s guilty-plea hearing, the circuit court judge questioned and advised Smith about his understanding of the charges against him and his desire LEE, C.J., IRVING AND GRIFFIS, P.JJ., BARNES, ISHEE, CARLTON, MAXWELL, FAIR AND JAMES, JJ., CONCUR. ., ROBERTS AND FAIR, JJ. ROBERTS, J., FOR THE COURT: ¶1. the State had DNA evidence and a written confession to the crime.