Tampering with Evidence in Mississippi
§ 97-9-125. Tampering with physical evidence provides: (1) A person commits the crime of tampering with physical evidence if, believing that an official proceeding is pending or may be instituted, and acting without legal right or authority, he: (a) Intentionally destroys, mutilates, conceals, removes or alters physical evidence with intent to impair its use, verity or availability in the pending...[ read more ]
Settlement Demand Packet in Mississippi Litigation
Before initiating medical malpractice litigation, the attorney should give the treating physician's insurance carrier an opportunity to settle. The attorney will prepare what is commonly referred to as a demand package (also referred to as a settlement package, demand, or demand letter). The demand package consists of a written brief that includes (i) a concise statement of when and how the malpractice occurred; (ii)...[ read more ]
Judgement Debtor Examination in Mississippi
In Mississippi, at any time after a judgment is entered, the person awarded a judgment (judgment creditor) is entitled to a court order requiring the debtor to appear and answer questions, under oath about matters that would help the judgment creditor to collect. These questions might relate to what type of property they own, where that property is located, whether...[ read more ]
Extortion in Mississippi
Mississippi Code Ann 97-3-82 (1) For the purposes of this section the following words and phrases shall have the meanings ascribed herein, unless the context clearly indicates otherwise: (a) "Obtain" means: (i) in relation to property, to bring about a transfer or purported transfer of a legal interest in, or physical possession of, the property, whether to the obtainer or...[ read more ]
Expert witness testimony in Mississippi
The use of expert medical testimony is necessary to prove medical negligence. However some case law stands for the proposition that expert testimony is necessary unless “a layman can observe and understand the negligence as a matter of common sense and practical experience.” Gatlin v. Methodist Medical Center, 772 So. 2d 1023, 1026 (Miss. 2000); Coleman v. Rice, 706 So....[ read more ]
Aggravated Domestic Violence in Mississippi
§ 97-3-7. Simple assault; aggravated assault; simple domestic violence; aggravated domestic violence (4) A person is guilty of aggravated domestic violence who commits aggravated assault as described in subsection (2) of this section against a current or former spouse or a child of that person, a person living as a spouse or who formerly lived as a spouse with the defendant, other...[ read more ]
Non-adjudication of DUI in Mississippi
The Mississippi Code provides for the non-adjudication of first offense DUI as follows: (c) Nonadjudication may be initiated upon the filing of a petition for nonadjudication or at any stage of the proceedings before conviction in the discretion of the court; the court may withhold adjudication of guilt, defer sentencing, and enter an order imposing requirements on the offender. (i)...[ read more ]
Capital Murder in Mississippi
Capital murder is defined in Mississippi Code Ann 97-3-19 is defined as the killing of a human being without the authority of law by any means or in any manner shall be capital murder in the following cases: (a) Murder which is perpetrated by killing a peace officer or fireman while such officer or fireman is acting in his official...[ read more ]
Limited Surety Bail Bonding Companies in Mississippi
The minimum capital/surplus requirements for a surety company can be found in Miss. Code Ann. 83-19-31. The company must maintain the minimum at all times in order to continue to be licensed: Single Line - Capital $400K; Surplus $600K Multi Line - Capital $600K; Surplus $900K The entire statute reads as follows: Miss. Code Ann. 83-19-31 (1) No corporation so...[ read more ]
Collateral Source Rule in Mississippi
In Mississippi, a defendant tortfeasor (or wrongdoer) can not have damages reduced by reason of amounts that plaintiff receives from independent sources like insurance, workers’ compensation, or Medicaid. Walmart Stores, Inc. v. Frierson, 818 So. 2d 1135 (Miss. 2002); Brandon HMA, Inc. v. Bradshaw, 809 So. 2d 611 (Miss. 2001) (a medical malpractice case). This in known as the collateral...[ read more ]
