Sample Appellate Cases

  1. United States v. Davis , No. 93-7769, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, 61 F.3d 291; 1995 U.S. App. LEXIS 20437, August 2, 1995, Decided, Rehearing Denied August 31, 1995, Reported at: 1995 U.S. App. LEXIS 27951. Certiorari Denied February 20, 1996, Reported at: 1996 U.S. LEXIS 1286.

    OVERVIEW: The credibility of co-conspirators in a drug trafficking operation, who testified against their accomplices at trial, was an issue for the jury; thus, convictions were properly entered in accordance with the jury verdicts.

    CORE TERMS: cocaine, firearm, conspiracy, competency hearing, suicide attempt, co-conspirator, dealer, continuance, truck, kilograms of cocaine ...

    ... JONES & DANIELS, 3. Rabun Jones, Jr., Greenville, MS. ...
  2. United States v. One 1980 Rolls Royce , No. 89-4335, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, 905 F.2d 89; 1990 U.S. App. LEXIS 11377, July 10, 1990, Filed, As Corrected.

    OVERVIEW: Where monies related to drug offenses and monies from legitimate sources were both used to purchase properties, forfeiture would be avoided to the extent that claimant could prove what portions of the property were purchased with legal funds.

    CORE TERMS: claimant, forfeiture, forfeitable, subject to forfeiture, summary judgment, real property, used to purchase, trafficker, mortgage, currency ...

    George Hollowell, Jr., Rabun Jones, Dyer & Dyer, Dyer & ...
  3. United States v. Cartlidge , No. 86-4373, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, 808 F.2d 1064; 1987 U.S. App. LEXIS 1461, January 14, 1987

    OVERVIEW: A former state law-enforcement officer was properly convicted of taking a bribe to provide protection for a purported marijuana smuggling operation because the evidence of the promise of such protection was sufficient for the conviction.

    CORE TERMS: juror, jury list, prosecutor, peremptory, tendered, heroin, undercover, marijuana, tape, federal statute ...

    ... Court-Appointed, J. Rabun Jones, for Appellant. George ...
  4. McCool v. State Farm Fire & Cas. Co , 4:98cv71-B-B, UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI, GREENVILLE DIVISION, 1998 U.S. Dist. LEXIS 12064, July 16, 1998, Decided, July 20, 1998, Filed

    OVERVIEW: An affidavit submitted by a plaintiff had the effect of a stipulation
    limiting any recovery to less than the federal jurisdictional minimum, and the actual amount In controversy did not invoke diversity jurisdiction.

    CORE TERMS: removal, coverage, amount in controversy, plead, punitive damages, jurisdictional amount, ad damnum clause, subject matter jurisdiction, breach of contract, jurisdictional ...

    ...MCCOOL, plaintiff: James Rabun Zones, Jr., DYER, DYER, ...
  5. Coleman v. American Mfrs. Mut. Ins. Co. , Civil Action No. 4:95cv73-D-B, UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI, GREENVILLE DIVISION, 930 F. Supp. 255; 1996 U.S. Dist. LEXIS 8961, June 11, 1996, Decided, June 11, 1996, Opinion Flied

    OVERVIEW: In an insurance dispute arising out of a vehicular accident involving the insured and a municipal fire truck, the insurer was not entitled to summary judgment because the truck was an "uninsured vehicle" under the Mississippi Uninsured Motorist Act.

    CORE TERMS: summary judgment, uninsured, third-party, insured, fire truck, uninsured motorist, carrier, subrogation, financial responsibility law, equitable indemnification ...

    ... S. Dyer, James Rabun Jones, Jr., Greenville, Mississippi, ...
  6. Johnson v. State , NO. 1999-KA-01816-SCT, SUPREME COURT OF
    MISSISSIPPI, 792 So. 2d 253; 2001 Miss. LEXIS 207, August 23, 2001, Decided

    OVERVIEW: State did not violate Batson when it used 8 of its 10 peremptory challenges to exclude African American jurors, as it was clear the State had no discriminatory intent in striking the jurors. Sentence within guidelines was not excessive.

    CORE TERMS: armed robbery, sentence, jurors, conspiracy, gun, jury
    instruction, commit, panelists, conspiracy to commit, peremptory ...

    ATTORNEY FOR APPELLANT: RABUN JONES. ATTORNEY FOR APPELLEE: ...
  7. Knutson v. Knutson , NO. 93-CT-00726-SCT, SUPREME COURT OF
    MISSISSIPPI, 704 So. 2d 1331; 1997 Miss. LEXIS 740, December 18, 1997, Decided

    OVERVIEW: The judgment that ordered the husband to pay child support to the wife was improper because there was no on-the-record finding to explain why the award deviated from the child support award guidelines.

    CORE TERMS: chancellor, child support, guidelines, marriage, alimony, nonmarital , marital, divorce, minor children, periodic ...

    FOR APPELLANT: RABUN JONES. FOR APPELLEE: WILLIARD ...
  8. Armstrong v. State , No. 95-KA-00535-SCT CONSOLIDATED WITH 95-KA-00536- SCT, SUPREME COURT OF MISSISSIPPI, 1997 Miss. LEXIS 489, September 18, 1997, Filed, NOT DESIGNATED FOR PUBLICATION.

    OVERVIEW: The prisoner was denied post-conviction relief, because he had voluntarily entered a guilty plea to the sale of cocaine, which was supported by sufficient evidence in addition to his admissions, and he was sentenced within the statutory range.

    CORE TERMS: guilty plea, sale of cocaine, plea of guilty, cocaine, factual basis, sentence, accessory, sentencing, knowingly, evidentiary hearing ...

    FOR APPELLANT: J. RABUN JONES. ATTORNEYS FOR APPELLEE: ...
  9. Burton v. Choctaw County , No, 95-CA-00071-SCT, SUPREME COURT OF
    MISSISSIPPI, 730 So. 2d 1; 1997 Miss. LEXIS 309, August 7, 1997, Decided

    OVERVIEW: Summary judgment was improper in a wrongful death action brought by the estate of a resident of a county nursing home because an issue of fact remained as to whether the resident's bath was excluded under the county's liability pool contract.

    CORE TERMS: nursing, nurse, summary judgment, aide, bath, exclusionary clause, resident, bathing, burn, unambiguous ...

    ATTORNEY FOR APPELLANT: RABUN JONES. ATTORNEYS FOR APPELLEE: ...
  10. Hull v. State , No, 93-KA-00228-SCT, SUPREME COURT OF MISSISSIPPI, 687 So. 2d 708; 1996 Miss. LEXIS 687, December 19, 1996, Decided, As Corrected January 13, 1997.

    OVERVIEW: Defendant properly was convicted of rape given the overwhelming evIdence of guilt where the trial court committed harmless error by admitting evidence of a DNA match without also admitting statistical evidence of the frequency of such a match.

    CORE TERMS: match, hearsay, speedy trial, grand jury, continuance, scientist, voir dire, statistical, weigh, rape ...

    FOR APPELLANT - Rabun Jones, DYER DYER JONES & ...
  11. Moore v. State , NO. 91-KA-00599-SCT, SUPREME COURT OF MISSISSIPPI, 676 So. 2d 244; 1996 Miss. LEXIS 328, May 30, 1996, DECIDED

    OVERVIEW: Defendant was not entitled to a petition for post-conviction relief because he was procedurally barred by waiver from assailing the effectiveness of his trial attorney and failed to make a prima facie claim with respect to appellate counsel.

    CORE TERMS: direct appeal, procedurally barred, knowingly, post-conviction, indictment, actual prejudice, trial attorney, prejudiced, Ineffective assistance of counsel, serious bodily injury ...

    ... Belzoni attorney, while Rabun Jones, a Greenville attorney, ...
    ... claim that his appellate counsel, Rabun Jones, was ineffective. The attorney specifically ...
  12. Clubb v. State , No. 93-CT-00176-SCT, SUPREME COURT OF MISSISSIPPI, 672 So. 2d 1201; 1996 Miss. LEXIS 143, April 11, 1996, Decided

    OVERVIEW: Because an indictment failed to specify the amount of marijuana that defendant had conspired to sell, defendant's sentence had to be set under the lesser penalty set forth in the conspiracy statute.

    CORE TERMS: marijuana, indictment, sentence, kilogram, conspiracy, quantity, ounce, sentenced, conspired, possessed ...

    FOR APPELLANT - Rabun Jones, DYER DYER JONES & ...
  13. Reynolds v. State , NO. 91-KA-01275-SCT, SUPREME COURT OF
    MISSISSIPPI, 658 So. 2d 852; 1995 Miss. LEXIS 335, June 29, 1995, Decided

    OVERVIEW: Defendant's sentence for the sale of a controlled substance was reversed because the trial court improperly admitted damaging evidence during the sentencing hearing that was not presented at trial or in defendant's presentence report.

    CORE TERMS: controlled substance, sentencing hearing, lesser, flight,
    presentence report, presentence, sentencing, cocaine, rocks, offense
    instruction ...

    FOR APPELLANT - Rabun Jones, DYER DYER JONES & ...
  14. Downs v. Choo , No 91-CA-00840-SCT, SUPREME COURT OF MISSISSIPPI, 656 So. 2d 84; 1995 Miss. LEXIS 279, May 11, 1995, Decided

    OVERVIEW: The trial court erred in granting summary judgment in a negligence action despite the existence of material issues of fact which should have been presented to the jury for resolution.

    CORE TERMS: banana, floor, summary judgment, dangerous condition, slipped, proprietor, bin, non-movant, store employee, sweep ...

    FOR APPELLANT - Rabun Jones, DYER DYER JONES & ...
  15. Reynolds v. State , DOCKET NUMBER - 92-KA-00065, SUPREME COURT OF MISSISSIPPI, 651 So. 2d 1051; 1995 MIss. LEXIS 84, February 9, 1995, Decided

    FOR APPELLANT - Rabun Jones, DYER DYER JONES & ...
  16. Young v. Mississippi State Tax Comm'n , No. 91-CC-00535, SUPREME COURT OF MISSISSIPPI, 635 So. 2d 869; 1994 Miss. LEXIS 161, April 7, 1994, Decided

    OVERVIEW: An order in favor of the state tax commission reversing an employee appeals board reinstatement order was affirmed as to the right to fire and the proper legal test, but reversed and remanded for a finding of substantial evidence of insubordination.

    CORE TERMS: insubordination, regulations, termination, hearing officer,
    supervisor, substantial evidence, verbal, incorrect, assigned, judicial review ...

    FOR APPELLANT - Rabun Jones, DYER DYER DYER & ...
  17. Department of Human Servs. v. Smith , No. 92-CA-0574, SUPREME COURT OF MISSISSIPPI, 627 So. 2d 352; 1993 Miss. LEXIS 523, November 24, 1993, Decided

    OVERVIEW: A request for blood tests by the Department of Human Services was improperly denied because the child's best interests would be served by allowing the blood tests, and there was nothing to show that prejudice would have resulted if the request had been granted.

    CORE TERMS: chancellor, blood tests, paternity, blood test, best interest,
    continuance, birth, putative father, abruptly, own motion ...

    ... MS. FOR APPELLEE - Rabun Jones, DYER DYER DYER & ...
  18. Paterson v. Patterson , 91-CA- 0732, SUPREME COURT OF MISSISSIPPI, 620 So. 2d 974; 1993 Miss, LEXIS 277, June 24, 1993, Filed

    ... MS. FOR APPELLEE - Rabun Jones, DYER DYER DYER & ...
  19. Edwards v. State , No. 90-KA-1122, SUPREME COURT OF MISSISSIPPI, 615 So. 2d 590; 1993 Miss. LEXIS 97, March 18, 1993, Decided

    OVERVIEW: A large quantity of cocaine, coupled with defendant's admission concerning his involvement in trafficking drugs, was sufficient to prove beyond a reasonable doubt that defendant possessed the cocaine with the intent to distribute.

    CORE TERMS: deputy, sentence, distribute, corpus delicti, presentence, cocaine, beyond a reasonable doubt, scene, bag, crack cocaine ...

    FOR APPELLANT: Rabun Jones, DYER DYER DYER & ...
  20. Dawkins v. Redd Pest Control Co., NO. 89-CA-103, SUPREME COURT OF MISSISSIPPI, 607 So. 2d 1232; 1992 Miss. LEXIS 622, October 8, 1992, Decided

    OVERVIEW: The trial court erred by denying discovery of termite inspections performed on other properties by the inspector who negligently inspected the homeowners' property because such evidence was relevant to a showing of intentional wrongdoing.

    CORE TERMS: discovery, termite, inspection, interrogatory, infestation, gross negligence, punitive damages, pre-sale, visible evidence, occurrence ...

    FOR APPELLANT: Rabun Jones, DYER DYER DYER & ...
  21. Brennan v. Brennan , 91-CA- 0066, SUPREME COURT OF MISSISSIPPI, 1992 Miss. LEXIS 618, August 26, 1992, Decided

    FOR APPELLANT - Rabun Jones, DYER DYER DYER & ...
  22. Vardaman v. State , 89-KA- 0708, SUPREME COURT OF MISSISSIPPI, 602 So. 2d 1163; 1992 Miss. LEXIS 287, May 27, 1992, Decided

    FOR APPELLANT - Rabun Jones, DYER DYER DYER & ...
  23. Stewart v. State , NO. 90-KA-0754, SUPREME COURT OF MISSISSIPPI, 596 So. 2d 851; 1992 Miss. LEXIS 104, March 11, 1992, Decided

    OVERVIEW: Prosecution's impeachment of defendant went well beyond scope of the door defendant opened and had the substantial effect of placing him on trial
    for offense more serious than that charged in indictment. Thus, defendant's conviction was reversed.

    CORE TERMS: cocaine, impeachment, cross-examination, direct examination,
    door, prosecuting attorney, rock, admissible, marijuana, whereupon ...

    FOR APPELLANT - Rabun Jones, DYER DYER DYER & ...

Dyer, Dyer, Jones & Daniels
149 North Edison Street
Greenville, MS 38701

Phone: 662-580-4551
Toll-free phone: 888-673-5324
Fax: 662-378-2672