¶1. In April 2005, Lavera Barker filed a complaint for divorce against her husband, Raymond Barker, alleging several fault-based grounds and irreconcilable differences. In April 2007, both parties agreed to a voluntary divorce based on irreconcilable differences and signed a property settlement agreement to control the division of their assets. Those assets primarily consisted of the equity in the marital home located in Hernando, Mississippi, with an agreed value of $82,616.60, and the...  

¶1. On September 27, 2007, Marcus D. Cole ("Cole") was convicted in the Attala County Circuit Court of the felony crime of fleeing a law enforcement officer in a motor vehicle. See Mississippi Code Annotated section 97-9-72 (Rev. 2006). He was sentenced to a term of five years with the Mississippi Department of Corrections (MDOC) with one year to serve and four years suspended on post-release supervision. Cole filed his motion for a judgment notwithstanding the verdict or,...  

¶1. Patrick Fluker filed a pro se motion for post-conviction relief in the Circuit Court of Forrest County. The circuit court summarily dismissed Fluker's motion in a memorandum and order filed on June 5, 2007. Aggrieved, Fluker appeals asserting that his sentence illegally exceeded the statutory maximum under Mississippi Code Annotated section 97-3-73 (Rev. 2006), and therefore, it was illegal for the circuit court to institute and then revoke his post-release supervision. Fluker also...  

¶1. Sean Antonio King was convicted in the Circuit Court of Hinds County of deliberate-design murder on October 1, 2004. He was sentenced as a habitual offender to life imprisonment in the custody of the Mississippi Department of Corrections without eligibility for parole or probation. Aggrieved, King appeals asserting eight issues for review. These issues can be consolidated into the following:... I. Whether the trial court erred by admitting prior inconsistent statements of non-party...  

¶1. This appeal proceeds from the Circuit Court of Lauderdale County, Mississippi and a judgment of conviction of capital murder and a mandatory sentence of life as a habitual offender without eligibility for parole against Carl Sherman Spurlock. Finding no reversible error, we affirm... FACTS... ¶2. The following facts are taken from testimony presented at trial. Spurlock had been a casual acquaintance of Robert Van Morrison for many years. Both men knew Larry Finch, an antique...  

¶1. This case is before the Court on appeal from the Hancock County Chancery Court's denial of James Britton's (Britton) motion for summary judgment. Because Britton did not seek an interlocutory appeal of the denial of his motion for summary judgment, we dismiss his appeal as moot... FACTS... ¶2. On October 1, 1990, Britton, his wife Jonnie Britton (Jonnie), and Billy Anderson signed a lease agreement in favor of American Legion Post 58 (Post 58), Hancock County, for the purpose of...  

¶1. Alfred Randolph Smith, Jr., was granted, in the Chancery Court of Hinds County, a divorce from Brenna D. Smith on the ground of cruel and inhuman treatment. The chancellor entered an order granting the divorce and ordering an equitable distribution of the parties' marital property. Aggrieved by the distribution of the property, Alfred appeals and asserts the following points of error:... I. Whether the trial court erred as a matter of law by awarding an equitable distribution of...  

¶1. Jerry Lee Jenkins III pleaded guilty to the charge of burglary of a dwelling on January 28, 2005, and was sentenced to sixteen years in the custody of the Mississippi Department of Corrections. Upon a hearing for post-conviction relief held on March 14, 2007, the trial court ordered a new trial, having found ineffectiveness of counsel during the former plea proceedings. Following a jury trial in the Circuit Court of Oktibbeha County, on May 2-3, 2007, Jenkins was convicted of burglary...  

¶1. Roy White (Roy) and Kevin White (Kevin), conducting business under the name of R&K Timber, appeal the judgment of the Newton County Circuit Court that affirmed the Mississippi Workers' Compensation Commission's finding that R&K Timber was an employer subject to the Mississippi Workers' Compensation Act, and that its employees, Joe Jordan and George Lee Dukes, were covered employees on the date of their injuries... ¶2. On appeal, R&K Timber raises as error the following matters:......  

¶1. Krystal Marie Teston was convicted in the Circuit Court of Harrison County of three counts of driving under the influence and negligently causing death to another and one count of driving under the influence and negligently causing serious injury to another. Teston was sentenced to serve consecutive terms of fifteen years on each count, for a total of sixty years, with thirty years suspended and five years of post-release supervision, in the custody of the Mississippi Department of...  

¶ 1. This case comes before the Court on appeal from the Circuit Court of Coahoma County. At issue is whether the Election Commission and Special Circuit Judge Frank G. Vollor erred in ordering a special election to be held for the office of Coahoma County Sheriff... FACTS AND PROCEDURAL HISTORY... ¶ 2. The Democratic Party Primary election for Coahoma County Sheriff was held on August 7, 2007. The ballot listed six candidates including Andrew Thompson, Jr., the incumbent, and Charles...  

¶ 1. Charles Lamar Johnson was indicted on three counts of armed robbery pursuant to Mississippi Code Annotated Section 97-3-79 (Rev. 2006) and one count of possession of a firearm by a convicted felon pursuant to Mississippi Code Annotated Section 97-37-5 (Rev. 2006). On June 19 and 21, 2006, Johnson was tried by a jury in the Circuit Court of Simpson County, Mississippi, the Honorable Robert G. Evans presiding. The jury convicted Johnson of two counts of armed robbery against Heather...  

¶ 1. Deere appeals to this Court from an interlocutory order of the Coahoma County Court. Deere attempted to enjoin a writ of garnishment to satisfy a final judgment against it. The final judgment was affirmed by this Court on its second appeal in favor of Appellee Johnson. Aggrieved by the trial court's refusal to grant summary judgment, Deere now appeals and raises the following issues:... I. Whether the trial court erred in its denial of summary judgment by upholding this Court's...  

¶ 1. Julian Rose, M.D., filed suit against attorney Eugene Tullos for malicious prosecution, civil abuse of process, and violations under the Litigation Accountability Act. The Circuit Court of Smith County granted Tullos's motion to dismiss for failure to state a claim upon which relief could be granted. Aggrieved, Rose now appeals to this Court... ¶ 2. Rose raises the following issues on appeal:... I. Whether the trial court erred in granting Tullos's motion for failure to state a...  

¶ 1. After a jury trial in the Circuit Court of Forrest County, Judge Robert B. Helfrich presiding, Desmond D. Walton was convicted of murder and sentenced to a term of life imprisonment in the state penitentiary. Walton appealed his conviction and sentence, and the Court of Appeals unanimously affirmed. Walton v. State, 2007 Miss. App. LEXIS 757 (Miss. Ct. App. Nov. 13, 2007), rehearing denied, Walton v. State, 2008 Miss. App. LEXIS 162 (Miss. Ct. App. March 18, 2008). Walton petitioned...  

¶ 1. This case arises from a claim of medical malpractice against Dr. Jack B. Pruett, an emergency room physician who purportedly failed to prescribe the proper antibiotics to patient Betty G. Hartel. After all parties rested, the Circuit Court of Harrison County, Mississippi, granted a directed verdict for Spectrum Emergency Care, Inc. ("EM Care"). The jury subsequently returned a verdict in favor of Dr. Pruett and Biloxi Regional Medical Center ("Biloxi Regional"). After...  

¶1. David Brooks was indicted on five counts of aggravated assault of law enforcement officers arising out of events that occurred during a multi-vehicle police chase. He was convicted in the Circuit Court of Oktibbeha County of two counts of aggravated assault of law enforcement officers and sentenced to two consecutive sentences of twenty years each. He now appeals his convictions and sentences... ¶2. On appeal, Brooks raises the following four issues:... 1. Whether the trial court...  

¶1. James Calvin Chapman and Debbie Ward were granted a divorce based on irreconcilable differences in 2001. Debbie was granted primary custody of the couple's four children. James was granted visitation and ordered to pay child support... ¶2. In 2006, James filed a petition to hold Debbie in contempt for failing to grant him visitation and to modify the original judgment. Debbie filed an answer and a counterclaim. The chancellor entered an order granting James additional visitation,...  

¶1. Hal Wayne Deaton, an Allstate Insurance Company insured, was injured by Caresha Nichols, an uninsured motorist. Deaton was acting in the course and scope of his employment with Gregory L. Carr when injured. Carr's vehicles were insured by Mississippi Farm Bureau Casualty Insurance Company. Deaton, a Class II insured, presented a claim to Farm Bureau seeking to stack the "Uninsured Motorist Bodily Injury" ("UMBI") benefits on each of Carr's thirty-one insured vehicles....  

¶1. Aggrieved by the Alcorn County Circuit Court's judgment affirming the Mississippi Department of Employment Security's denial of unemployment benefits, Ronnie Alexander and ninety-seven other employees of Mississippi Polymers, Inc., appeal to us. Finding no error, we affirm... FACTS AND ADMINISTRATIVE PROCEEDINGS... ¶2. On November 29, 2006, Mississippi Polymers, Inc. (MPI), located in Corinth, issued a memorandum to employees entitled "Volunteers to Work Christmas...