6 results for 'judge:"Westbrooks"'.
J. Westbrooks finds the commission properly increased the former police officer's disability benefits and found she suffered an 80% loss in earning capacity after a near-death assault by a suspect. While testimony from the police department's physician attributed at least some of her PTSD to general work conditions, the testimony from an independent medical evaluator supported the increase in benefits. The commission was in the best position to determine witness credibility and because it did not completely disregard the evidence from the police physician, its decision was not against the weight of the evidence. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Westbrooks, Filed On: May 7, 2024, Case #: 2022-WC-1050, Categories: Employment, Experts, Workers' Compensation
J. Westbrooks finds the lower court properly modified custody of the parties’ children, awarding the father sole physical custody. The mother was found to have withheld visitation, and the father demonstrated that there was a material change in circumstances that called for a review of the custody award. The lower court agreed with the father finding concerns surrounding behavioral changes as the result of the children living in the mother and step-father’s home. The instant court finds no reversible error in the lower court's findings and modification. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Westbrooks, Filed On: October 10, 2023, Case #: 2022-CA-00294-COA, Categories: Family Law
J. Westbrooks finds the lower court properly convicted defendant of first-degree murder and attempted murder, and sentenced him to life imprisonment plus a consecutive 25 years for the attempted murder. Defendant shot his wife and her four-year-old son, killing her; despite multiple gunshot wounds the child survived. Defendant argues he did not receive a fair trial because one of the jurors knew him. The lower court found they were acquaintances by way of the juror conducting church services in which defendant attended, but there was no relationship and the juror’s impartial judgment was not compromised. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Westbrooks, Filed On: August 8, 2023, Case #: 2021-KA-00886-COA, Categories: Jury, Murder
J. Westbrooks finds the lower court properly awarded the parties a divorce, but improperly divided their debt. The wife and husband agreed to an irreconcilable differences divorce and asked the court to divide their property and debt. The lower court found the husband was entitled to a cut of the equity in the marital home, and that the parties should split a contested credit card debt. The instant court agrees with the lower court’s decision, but finds it was unclear on the credit card debt and remands the matter to assess the amount for which each party is responsible. Affirmed in part.
Court: Mississippi Court Of Appeals, Judge: Westbrooks, Filed On: August 8, 2023, Case #: 2022-CA-00372-COA, Categories: Family Law
J. Westbrooks finds the lower court properly supported the Board on Law Enforcement Officer Standards and Trainings’ (Board) decision to cancel a law enforcement officer’s professional certificate on grounds of dismissal from an agency, violation of the Law Enforcement Code of Ethics, and for conduct that would greatly diminish the public trust in the competency and reliability of a law-enforcement officer. The officer resigned from a police department after an internal investigation into an excessive force complaint uncovered that the officer had used excessive force, that he had recorded video from his dash cam of incidents were he had used force on minorities and shared the videos with people outside the department, and that he had many texts on his phone that contained racial slurs. Evidence is sufficient to support the Board’s decision. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Westbrooks, Filed On: August 1, 2023, Case #: 2022-SA-00378-COA, Categories: Employment, Licensing, Police Misconduct
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J. Westbrooks finds the lower court properly convicted defendant of aggravated assault with a firearm enhancement for shooting a man in the stomach. Defendant was sentenced to 10 years for the aggravated assault and five years for the firearm enhancement to be served concurrently in the custody of the Mississippi Department of Corrections. There are no arguable issues on appeal. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Westbrooks, Filed On: June 20, 2023, Case #: 2022-KA-00480-COA, Categories: Firearms, Assault