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MISSISSIPPI LAW JOURNAL Seventy-Fifth Anniversary VOLUME WINTER NUMBERS 73 2004 how you know It's the way... the confusing ...in world of information. It's how you know the spirit of your work will shine through the clutter of information. It's how you know your insights are valid. It's how you know that LexisNexis'" has rich, superior content, easy-to-use Web solutions and support for all aspects of your work, to help elevate your success. It's how you know you're moving ahead in the right direction. LexisNexis how you know™ It's Explore LexisNexis @ www.lexisnexis.com LexisNexisand the Kn<)wlefi(>e [Jurst lc)g(5are trademarksni Keed Elsevier Properties Inc., used under license. It's HowYou Know isa trademark ofLexisNexis, a division of Reed Elsevier Inc. ('J2001 LexisNexis, a division of Reed Elsevier hu. All rij^lils reserved. RECENT DECISIONS OF THE MISSISSIPPI SUPREME COURT AND THE MISSISSIPPI COURT OF APPEALS Keep your office informed with a subscription to the Recent Decisions of the Mississippi Supreme Court and Court ofAppeals. Briefs of the Mississippi Supreme Court and Mississippi Court of Appeals are written by Journal members and mailed by Tuesday of the week after the decisions are rendered, or e- mailed by Monday of the week after the decisions are rendered, several weeks before cases are printed in the regional reporter. You can receive this weekly publication and be up to date for $75 per year for hard copy; $65 per year for e- mail-an indispensable service! Subscribe now, or write for a free sample of the most current briefs. Mississippi Law Journal P.O. Box 849 University, Mississippi 38677-0849 The Mississippi Law Journal is generally published three times annually during a school year (September through August). The current subscription publication schedule is Fall, Winter and Spring issues as well as a Special Edition. Editorial and business offices: Post Office Box 849, University, Mississippi 38677. Current subscription: $35.00 per year. Single issue: $12.00. Subscriptions are renewed automatically upon expiration unless the subscriber sends a notice of termination. Change of address: Send address changes directly to the Mis- sissippi Law Journal. Include name, new address (including zip code) and old address. Please notify the Journal forty-five days in advance to ensure prompt delivery. Unless a claim is made for non- receipt of the Journal within six months after the mailing date, the Mississippi Law Journal cannot be held responsible for supplying those issues without charge. Third class postage paid at University, Mississippi 38677 and additional mzdling offices. Contributors are requested to submit manuscripts in 12-point font, double-spaced in hard copy form and on a 3.5" diskette in WordPerfect 8 or 10 or an easily convertible format. Submissions may be sent electronically to: [email protected]. All mailed submissions should be addressed to: Executive Articles Editor Mississippi Law Journal P.O. Box 849 MS University, 38677 Citations should conform to THE BluEBOOK: A UNIFORM SYS- TEM OF Citation (17th ed. 2001). The Mississippi Law Journal is a member of the National Con- ference of Law Reviews. To offer its contributors complete freedom, the Journal assumes no responsibility for the views expressed herein. Robert Khayat C. Endowment Scholarship The Mississippi Law Journal established the endowment in February of 1995 to honor the dedicated service of Robert C. Khayat, former Law Journal member, professor and current University Chancellor. The purpose of the endowment is to assist distinguished men and women of the Journal in the pursuit of their legal education at the University of Mississip- pi. As of June 30, 2003, the corpus of the endowment was $46,291.48. Each year deserving Journal members are awarded scholarships as selected by the Executive Board of the Journal. This year $1,000 was awarded to Journal members. Please help us increase the corpus of the endowment so that we can increase the number and size of these scholarships. Checks should be made payable to and mailed to: The University of Mississippi Foundation Post Office Box 8288 MS University, 38677 Please note on your check that your gift is designated for the Robert C. Khayat Scholarship Endowment. Contributions are tax deductible. Administrative Officers , of the University of Mississippi I Robert C. Khayat Chancellor Carolyn Ellis StatoN Provost and Vice Chancellor for Academic Affairs ' GloRL\ Kellum Vice Chancellor for University Affairs ' JOHN^fY WiLLLVMS Vice Chancellor for Administration and Finance ', Timothy L. Hall Associate Provost ^| Thomas Wallace Vice Chancellor for Student Life Andrew P. Mullins, Jr. Executive Assistant to the Chancellor j Samuel M. Davis Dean ofthe School ofLaw; Professor ofLaw and Holder ofthe Jamie L. Whitten Chair ofLaw ; and Government > The Law School Faculty j i I GUTHREE T. Abbott, Professor Emeritus and Butler, Snow, O'Mara, Stevens and Cannada Lecturer in Law Emeritus \ j Donna D. Abler, Associate Professor ofLaw Richard L. Barnes, Professor ofLaw and Distinguished Leonard B. Melvin, Jr. Lecturer in Law * Deborah H. Bell, Professor ofLaw, Mississippi Defense Lawyers Association Distinguished Lecturer and Director ofthe Civil Legal Clinic ! John R. Bradley, Professor ofLaw Phillip W. Broadhead, Director, Clinical Appeals Program and Clinical Professor Charles Brower, II, Croft Assistant Professor ofInternational Law and Jessie D. Puckett, Jr. Lecturer in Law Mercer E. Bullard, Assistant Professor ofLaw WiLLLAJVl M. Champion, Professor Emeritus and Mississippi j Defense Lawyers Association Distinguished Lecturer Emeritus Thomas K. Clancy, Director ofthe National Center for Justice I and the Rule ofLaw and Visiting Professor ofLaw \ George C. Cochran, Professor ofLaw ^ Aaron S. Condon, Professor Emeritus ofLaw John M. Czarnetzky, Associate Professor ofLaw and Mitchell, McNutt, Threadgill, Smith and Sams Lecturer Samuel M. Davis, Dean ofthe School ofLaw, Professor ofLaw and i Holder ofthe Jamie L. Whitten Chair ofLaw and Government i Jason Derrick, Acting Assistant Professor ofLegal Writing Thomas R. Ethridge, Professor Emeritus ofLaw \ D. Michael Featherstone, Professor Emeritus ofLaw Molly Fergusson, Acting Assistant Professor ofLegal Writing Don L. Fruge, Professor Emeritus ofLaw and President-CEO ofthe University ofMississippi Foundation Joanne I. Gabrynowicz, Research Professor and Director ofthe National Remote Sensing and Space Law Center Kris L. Gilliland, Director ofLaw Library and Assistant Professor ofLaw Karen O. Green, Professor ofLaw and Mississippi Defense Lawyers Association Distinguished Lecturer Timothy L. Hall, Associate Provost and Professor ofLaw Matthew R. Hall, Assistant Professor ofLaw Mark M. Harrold, Senior Research Counsel for the National Center for Justice and the Rule ofLaw Michael H. HOFFHEIMER, Professor ofLaw and Mississippi Defense Lawyers Association Distinguished Lecturer David Howorth, Visiting Professor ofLaw Wendy Keith, Visiting Professor ofLaw Robert C. Khayat, Chancellor and Professor ofLaw Susan Kreston, Visiting Professor ofLaw and Counsel for National Programs for the National Center for Justice and the Rule ofLaw Patricia Krueger, Acting Assistant Professor ofLegal Writing and Director ofAcademic Excellence Program Thomas R. Mason, Professor ofLaw and Director ofPublic Service Internship and Director of Trial Advocacy Richard McLaughlin, Professor ofLaw and Ray and Louise Stewart Lecturer Gary Myers, Professor ofLaw Jack W. Nowlin, Assistant Professor ofLaw and Jessie D. Puckett, Jr., Lecturer E. Farish Percy, Assistant Professor ofLaw Larry J. Pittman, Associate Professor ofLaw and Jessie D. Puckett, Jr. Lecturer Lisa S. Roy, Assistant Professor ofLaw Ronald J. Rychlak, Associate Dean for Academic Affairs, Professor ofLaw and Mississippi Defense Lawyers Association Lecturer Paul M. Secunda, Assistant Professor ofLaw Jacqueline Serrao, Associate Director ofthe National Remote Sensing on Space Law Center Hans P. Sinha, Director ofProsecutorial Externship Program and Clinical Professor Carolyn Ellis Staton, Provost, Vice Chancellor for Academic Affairs and Professor ofLaw Julie Waterstone, Visiting Clinical Professor and StaffAttorney for the Law Civil Clinic Michael Waterstone, Assistant Professor ofLaw Robert A. Weems, Professor ofLaw and Butler, Snow, O'Mara, Stevens and Cannada Lecturer in Law \ C. Jackson Williams, Director ofLegal Writing Program and Acting ! Law Assistant Professor of Law Journal Mississippi pubushed by students at the University of Mississippi School OF Law VOLUME WINTER NUMBERS 73 2004 Copyright ® 2004 Mississippi Law Journal, Inc. Editor-in-Chief Corey D. Hinshaw Executive Editor Margaret C. Pov.\ll Articles Editors Business Manager Michelle Clingan-Waits Thomas E. Walker, Jr. Melissa A. Rose Mary Frances Stallings Notes & Comments Editor Mississippi Cases Editor Geoffrey P. Vickers Jesse C. Neil Associate Editors Articles Editors Developmental Editor Emily E. Cox Anthony P. Zana Bethany Greenoe T. G. Lane Knight Symposium Editor Bradley C. Moody Brooke N. Williams Joshua L. Rogers Kristen E. Wood Mississippi Cases Editors Clayton A. Dabbs, Sr. Nicholas H. Manley C. Tyson Nettles Notes and Comments Editors Membership Director KiMBERLY A. EASLEY Ann S. Russell William E. Sheumaker Administrative Assistant Faculty Advisors Peggy C. Nail Deborah H. Bell Matthew R. Hall Robert A. Weems Staff Christyn L. Baldwin Jason L. Nabors Christopher M. Bass M. Shane Painter Chris L. Brannon Amanda R. Poe Kristopher W. Carter C. Jeremy Pope Erin V. Everett Clayton C. Purdom Zachary H. Greene D. Mark Richardson Douglas B. Hargett Ryan R. Sadler C. Meade Hartfield Paul G. Sherman Ann M. Heidke Brian C. Smith Michael Holley Darrell Solomon J. J. Amy E. Jenkins Graham E. Sutliff Douglas A. Jennings Mitchell D. Thweatt Brandon L. Jolly Darrell C. Tucker, II Jennifer B. Kimble Ashley C. Tullos Elise M. Kochtitzky Clint D. Vanderver Jennifer A. Lawrence Lindsay G. Watts Katie Lyn Lofton Jonathan R. Werne Elizabeth F. Minor