The use of confessions in Mississippi criminal trials
In criminal trials in Mississippi the prosecution may attempt to enter the alleged confession of a Defendant into evidence. However, the State has the burden of proving voluntariness of confession. The burden is met by testimony of officer or other person having knowledge of facts that confession was voluntarily made without any threats, coercion, or offer of reward. When objection is...[ read more ]
Ethical considerations when withdrawing as attorney in Mississippi
In some cases, an attorney may find that they cannot represent a client due to the client's illegal or unethical behavior. The attorney must exercise caution when withdrawing and follow the Mississippi Rules of Ethical Conduct. The Ethics Committee of the Mississippi State Bar has opined that Rule 1.16 of the code indicates that a lawyer may withdraw from representing a...[ read more ]
Arraignments for Criminal Charges in Mississippi
An arraignment is a procedural process wherein the court reads the criminal charge to the defendant and determines if bail will be set and the amount of bail. The defendant may waive a reading of the charges and enter a plea of not guilty. During the arraignment, the judge may review your charge to determine whether probable cause exist to sustain a...[ read more ]
Sentencing of Habitual Offenders in Mississippi
§ 99-19-81. Sentencing of habitual criminals to maximum term of imprisonment Every person convicted in this state of a felony who shall have been convicted twice previously of any felony or federal crime upon charges separately brought and arising out of separate incidents at different times and who shall have been sentenced to separate terms of one (1) year or...[ read more ]
Burglary in Mississippi
Mississippi law defines burglary as breaking and entering into any structure with the intent to commit a crime therein. To be convicted of burglary, two elements of the crime must be proved beyond a doubt (or pled guilty to by the defendant). In other words, the State must prove that the defendant actually entered a structure, and entered with the...[ read more ]
Declaratory Judgment Actions by an Insurance Company
When an insurance policyholder has been sued and has presented the claim to its insurer for a defense, the plaintiff or insurance company may file a Declaratory Judgments to resolve issues involving insurance coverage. Such issues may relate to the existence of coverage for a particular claim, whether a policy exclusion is applicable, or the priority of coverage between two or more insurers....[ read more ]
Criminal Acts Exclusion in Mississippi Premises Liability
The Mississippi Court of Appeals has dealt with the question of whether a criminal act that causing the “accidental death” of a person can be an “occurrence” or “accident” as defined in an insurance policy and whether a criminal act exclusion applies in Rita Kees Lambert, Individually, and v. Safeco Insurance Company of America, No. 2011-CA-00166-COA (Miss.App. 05/08/2012). Rita Kees...[ read more ]
Motions to Reconsider in Mississippi
The Mississippi Rules of Civil Procedure provide two avenues to move the trial court to reconsider its judgment. The aggrieved party may (1) file a motion for a new trial or to alter or amend under Rule 59 or (2) file for a relief from a final judgment under Rule 60(b). M.R.C.P. 59, 60(b). The timing of the motion to...[ read more ]
Domain names and trademarks for businesses
It is important for businesses to understand that the registration of a domain name does not afford trademark protection. Some businesses will use its trademark to identify its products or services but utilize a slightly different domain name. If the domain name is not registered with the United States Trademark and Patent office, its is merely a web address and...[ read more ]
Trademark your business name in Mississippi
Many businesses overlook the importance of trademarking their name and and logo. Although requirements for the registration of all trademarks are similar, there are minor differences in registering a name as a trademark and trademarking a logo. If a business has both a name and a logo, separate trademark applications should be filed. Trademarking the logo should be the first...[ read more ]
