The Mississippi Employment Security Commission was justified in granting benefits to a former Vicksburg officer who twice failed a portion of her police academy exams, the state court of appeals ruled Tuesday.

In a 7-3 decision, the court voted to deny a motion by the city for a rehearing of the case filed by Deneka Tinner of Port Gibson.

Tinner was hired March 10, 2009, and fired Jan. 4, 2010, after failing the defensive tactics portion of her exams at the Mississippi Law Enforcement Officers Training Academy in Pearl, according to court records.

Tinner took the test Sept. 10, 2009, and Dec. 7, 2009, but failed both times, according to court records.

The city appealed her unemployment benefits and claimed that Tinner committed misconduct by failing her exam.

State law gives police recruits two chances to re-take an exam within 90 days of initially failing. Her employment had been terminated before the third test was scheduled.