Before the Ct of Appeals – Jan. 7, 2014 – part 1

Benitez v. State – murder of TSA agent by another TSA agent in Harrison Co. Benitez claims 1) the facts supported manslaughter rather than murder, 2) that Benitez’s statement should have been suppressed because he was not given Miranda warnings prior to being questioned by officials from the Office of Inspector General and 3) the items seized pusuant to a search warrant should have been suppressed because the underlying facts and circumstances failed to support probable cause. Benitez brief. State’s brief.

Yarbrough v. State – appeal from PCR hearing in Lowndes. Yarbrough was charged with aggravated assault of a police officer. At some point he learned that his attorney was representing the officer in a post divorce matter at the same time as Yarbrough’s trial. The trial court found that Yarbrough waived his right to conflict free counsel even though attorney admitted he never advised Yarbrough of negative ramifications of conflict. Also includes issue of whether defendant should have been given access to the officer’s medical records. State’s brief. Yarbrough’s reply brief.

Mathias v. Reed – Hinds Co. case presenting issue of whether a security guard at a concert (the Miller Lite Crawfish Boil) was a state employee for purposes of immunity. Trial court found that Reed worked for the State Fair Commission and was immune. Mathias’s brief. Reed’s brief. Concert Promoters’ brief.

Miller v. Provident Adv. & Mktg, Inc. – appears to involve question of whether the court had juridiction of non-resident. One of the defendants appears to be Hooters.

Hamlett v. State – PCR appeal. Pro se Hamlett alleges that he received an illegal sentence after violating a non-adjudication agreement. Hamlett brief. State’s brief.

Floyd v. State – possession of cocaine case. Floyd raises several issues including 1) failure to give an instruction on what constitutes possession, 2) erroneous introduction of priors, 3) whether officer had the expertise to testify as to results of field test for cocaine and 4) whether convictions for three transfers of a controlled substance constituted separate incidents so as to justify a finding that Floyd was habitual. Floyd brief. State’s brief.

Wallace v. Greenville Pub. School District – Wallace alleged breach of contract claim arising from position with GPSD. GPSD granted summary judgment on SOL. GPSD brief

Residential Adv. Dev. v. Heirs of Ross – Res. Adv. Dev. mistakenly built a single family home on land that belonged to the Ross’s. R.A.D. sought either an award of property or a constructive lien pursuant to MCA Sect. 11-19-95 to recoup the value of the improvements. Chancellor denied relief and ordered that the home be demolished. R.A.D. brief.

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