Hand Down Lists
June 17, 1997
James E. Thomas, P.J.
U
95-KA-00508-COA
State of Mississippi v. Robert T. Ballard a/k/a Robert Tom Ballard
Appeal No. 2865 from Judgment dated MARCH 07, 1995, Jefferson County Circuit Court; The judgment of the Jefferson County Circuit Court dismissing the indictment against Robert T. Ballard is reversed and this cause is remanded for proceedings in accordance with this opinion. Costs are taxed to the appellee.
James E. Thomas, P.J.
UU
95-KA-00511-COA
Rainer, William a/k/a William Francis Rainer a/k/a "Will" v. State of Mississippi
Appeal No. 5200 from Judgment dated APRIL 21, 1995, Kemper County Circuit Court; The judgment of the Kemper County Circuit Court is reversed and remanded for proceedings not inconsistent with this opinion. All costs are assessed against Kemper County. Payne, J., concurs with separate written opinion.
James E. Thomas, P.J.
U
96-CA-00010-COA
Butler, Michael S. v. Apache Products Company, Inc. and John Does 1 through 10
Appeal No. 941069 from Judgment dated NOVEMBER 15, 1995, Hinds County Circuit Court, First Judicial District; The judgment of the Hinds County Circuit Court is affirmed. Costs of this appeal are assessed to the appellant.
Leslie H. Southwick, J.
X
94-CA-00125-COA
Hynson, Carolyn Harris v. John L. Jeffries and Malcolm Cooper, Co-Trustees of the Robert C. Hynson Martial Deduction Trust; E. Brooke Ferris, III, Guardian Ad Litem of Robert C. Hynson II, a minor; William W. Sumrall, Guardian Ad Litem of Brooks R. Easterling; et al.
Appeal No. 43102 from Judgment dated JANUARY 06, 1994, Jones County Chancery Court, Second Judicial District; The judgment of the Chancery Court of Jones County is reversed and the cause is remanded for further proceedings consistent with this opinion. Costs are assessed to the appellees. Herring, J., not participating.
Leslie H. Southwick, J.
U
94-CA-00179-COA
Kleyle, Gordon v. Exxon Corporation
Appeal No. 16866 from Judgment dated JANUARY 18, 1994, Pearl River County Circuit Court; The judgment of the Circuit Court of Pearl River County is affirmed. Costs are assessed to the appellant.
Leslie H. Southwick, J.
U
94-CA-00412-COA
Dominey, Wallace J. v. Wyman Dorough, Mississippi State University, and the Board of Trustees of State Institutions of Higher Learning of The State of Mississippi
Appeal No. 16781 from Judgment dated MARCH 30, 1994, Oktibbeha County Circuit Court; The judgment of the Circuit Court of Oktibbeha County of March 30, 1994, is affirmed. All costs are taxed to the appellant.
Leslie H. Southwick, J.
U
95-CA-00412-COA
P.K.C.G. v. M.K.G.
Appeal No. 18299 from Judgment dated APRIL 19, 1995, Pontotoc County Chancery Court; The judgment of the Chancery Court of Pontotoc County of April 19, 1995, is reversed on the issue of M.K.G.'s parental rights and the cause is remanded for additional proceedings consistent with this opinion. The remainder of the judgment is affirmed. Costs are taxed equally to the parties.
Leslie H. Southwick, J.
U
95-KA-01023-COA
Brown, Bryant v. State of Mississippi
Appeal No. 7001 from Judgment dated AUGUST 18, 1995, Grenada County Circuit Court; The judgment of the Circuit Court of Grenada County of conviction of murder and sentence of life in the custody of the Mississippi Department of Corrections is affirmed. Sentence imposed in this cause shall run consecutively to any sentence previously imposed. Costs are assessed to Grenada County.
Leslie H. Southwick, J.
UU
95-CA-01140-COA
J. L. W. W. and M. F. W. v. Clarke County Department of Human Services, by Clayton R. Barnett, Social Services Regional Director, and M. S. W., C. L. W., J. L. W., and B. S. W., Minors, by and through their Next Friend Clayton R. Barnett
Appeal No. A4190 from Judgment dated APRIL 07, 1995, Clarke County Chancery Court; The judgment of the Clarke County Chancery Court terminating the parental rights of appellants, J.L.W.W. and M.F.W. are reversed and remanded for specific findings on the issue of unavailability and affirmed on all other issues. Costs of this appeal are assessed one-half to Clarke County Department of Human Services and one-half to appellants. Payne, J., concurring in part and dissenting in part with separate written opinion.
Mary Libby Payne, J.
U
95-KA-00720-COA
Moore, Freddie Lee v. State of Mississippi
Appeal No. 8124 from Judgment dated JUNE 02, 1995, Bolivar County Circuit Court, Second Judicial District; The judgment of the Circuit Court of Bolivar County of conviction of the burglary of an automobile and sentence as a habitual offender for a term of seven years in the custody of the Mississippi Department of Corrections is affirmed. Sentence in this cause shall run consecutively to any and all sentences previously imposed. All costs of this appeal are taxed to Bolivar County.
Mary Libby Payne, J.
U
95-CC-01016-COA
Shealy, Barbara v. Board of Trustees of the Neshoba County School District
Appeal No. 940167 from Judgment dated SEPTEMBER 11, 1995, Neshoba County Chancery Court; The judgment of the Chancery Court of Neshoba County is affirmed. All costs of this appeal are taxed to appellant.
Mary Libby Payne, J.
U
96-CA-00130-COA
Pierce, Mary M. v. Jeffrey L. Alexander
Appeal No. 943 from Judgment dated JANUARY 06, 1996, Rankin County Circuit Court; The judgment of the Circuit Court of Rankin County is affirmed. All costs of this appeal are taxed to appellant.
Mary Libby Payne, J.
96-CA-00132-COA
Samel, Ben R. v. Patricia A. Goldin Samel
Appeal No. 941163GN from Judgment dated NOVEMBER 27, 1995, Forrest County Chancery Court; The judgment of the Chancery Court of Forrest County is affirmed as to the issue of awarding Patricia Samel a divorce on the ground of cruel and inhuman treatment and is reversed on the issue of child support and we order Ben Samel to pay monthly child support in the amount of $450. All costs of this appeal are taxed one-half to the appellant and one-half to the appellee. Southwick, J., dissents with separate written opinion joined by McMillin, P.J., Coleman and King, JJ.
Mary Libby Payne, J.
UU
96-CA-01015-COA
Turnipseed, Lamar v. Department of Human Services
Appeal No. 15736 from Judgment dated JULY 15, 1996, Winston County Chancery Court; The judgment of the Chancery Court of Winston County is affirmed. All costs of this appeal are taxed to appellant. Bridges, C.J., dissents with separate written opinion joined by McMillin, P.J., Coleman and Southwick, JJ.
Roger McMillin, Jr., P.J.
UU
95-CA-01310-COA
Mitchell, Donna F. v. Henry R. Mitchell, III a/k/a Henry R. Mitchell
Appeal No. 941698 from Judgment dated NOVEMBER 09, 1995, Jackson County Chancery Court; The judgment of the Jackson County Chancery Court awarding joint physical and legal custody of the child of the parties to both parties with primary permanent physical custody to the appellant is reversed and rendered to grant joint legal custody to both parties and physical custody to the appellant subject to the rights of visitation set forth in the original judgment. The judgment establishing periodic child support at $550 per month is reversed and remanded for further proceedings not inconsistent with this opinion. The judgment, insofar as it concerns issues of equitable distribution of marital assets, periodic alimony, and rehabilitative alimony, is affirmed. Costs of this appeal are divided equally between the appellant and appellee. Payne, J., concurs in part and dissents in part with separate written opinion joined by Coleman, J. Thomas, P.J., not participating.
Leslie D. King, J.
95-CA-01308-COA
Lott, Doyle T. v. Cheryl L. Lott
Appeal No. 38356 from Judgment dated NOVEMBER 17, 1995, Rankin County Chancery Court; Motion to dismiss appeal granted. The costs of appeal shall be shared equally by the parties. Order entered.
James H. Herring, J.
U
95-KA-00240-COA
Stokes, Hill a/k/a Hill Stokes, Jr. v. State of Mississippi
Appeal No. 8529 from Judgment dated FEBRUARY 15, 1995, Coahoma County Circuit Court; The judgment of the Circuit Court of Coahoma County is reversed and remanded for a new trial consistent with this opinion. All costs of this appeal are taxed to Coahoma County.
B. Greg Hinkebein, J.
U
95-KA-01186-COA
Jackson, Melvin v. State of Mississippi
Appeal No. BK94009 from judgment dated August 14, 1995, Benton County Circuit Court; The judgment of the Benton County Circuit Court of conviction of aggravated assault on a law enforcement officer and sentence of twenty (20) years with five (5) years suspended in the custody of the Mississippi Department of Corrections is affirmed. Costs are assessed against appellant.
B. Greg Hinkebein, J.
U
95-KA-01303-COA
Lynch, Billy A. v. State of Mississippi
Appeal No. 4923 from Judgment dated NOVEMBER 13, 1995, Winston County Circuit Court; The judgment of the Winston County Circuit Court of conviction of aggravated assault and sentence of fifteen (15) years; conviction of possession of a firearm by a convicted felon and sentence of three (3) years to run consecutively with sentence for aggravated assault in the custody of the Mississippi Department of Corrections; and revocation of Lynch's prior five (5) year suspended sentence to run concurrently with sentences imposed in this case is affirmed. Costs are assessed against Winston County.
Oliver E. Diaz, Jr., J.
U
94-KA-01093-COA
Tallie, Jessie a/k/a Jessie James Tallie v. State of Mississippi
Appeal No. 7093 from Judgment dated OCTOBER 14, 1994, Clay County Circuit Court; The judgment of the Clay County Circuit Court of conviction of sexual battery and sentence of twenty years in the custody of the Mississippi Department of Corrections is affirmed. Costs of this appeal are assessed to the appellant.
Oliver E. Diaz, Jr., J.
U
95-KA-00340-COA
Hemphill, Marcus T. v. State of Mississippi
Appeal No. 952205 from Judgment dated MARCH 02, 1995, Choctaw County Circuit Court; The judgment of the Choctaw County Circuit Court of conviction on Count I of armed robbery and sentence of life imprisonment and Count II of aggravated assault and sentence of twenty years to run consecutively to Count I, both to be served in the Mississippi Department of Corrections, is affirmed. All costs of this appeal are taxed to Choctaw County.
Oliver E. Diaz, Jr., J.
U
95-KA-00573-COA
Shepherd, Pernell a/k/a Pernell Dwayne Shepherd v. State of Mississippi
Appeal No. 10269 from Judgment dated MAY 15, 1995, Adams County Circuit Court; The judgment of conviction in the Adams County Circuit Court of murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections is affirmed. Costs of this appeal are taxed to Adams County.
Oliver E. Diaz, Jr., J.
U
96-CA-00017-COA
Roper, Christal Hall v. John A. Hall
Appeal No. 940652 from Judgment dated DECEMBER 07, 1995, Lowndes County Chancery Court; The judgment of the Lowndes County Chancery Court is affirmed. Costs of this appeal are taxed to the appellant.
Thomas A. Coleman, J.
UU
94-CA-00573-COA
Hynum, Jimmy and Betty Hynum v. Indu Vaghela, Mike Vaghela, and JIJI Partnerships d/b/a Days Inn of Batesville
Appeal No. 91225 from Judgment dated MARCH 28, 1994, Panola County Circuit Court, Second Judicial District; The judgment of the Panola County Circuit Court is affirmed. Costs of this appeal are assessed to the appellants. Herring, J., dissents with separate written opinion joined by Bridges, C.J., Diaz and Payne, JJ. McMillin, P.J., not participating.
Thomas A. Coleman, J.
U
94-KA-00844-COA
Keys, Carlos a/k/a Carlos D. Keys and Nick Williams a/k/a Nick A. Williams v. State of Mississippi
Appeal No. 79801 from Judgment dated AUGUST 12, 1994, Pearl River County Circuit Court; The Pearl River County Circuit Court's orders of conviction of the appellants of four counts of aggravated assault each and its sentences of appellants to serve terms of fifteen years for each count in the custody of the Mississippi Department of Corrections, each sentence to run consecutively to the others, are affirmed. The costs of this appeal are taxed in equal shares to the appellant, Carlos Keys, and to Pearl River County.
Thomas A. Coleman, J.
U
94-KA-00906-COA
Jackson, Burnell Rutland and Rosalind Michelle Cutrer v. State of Mississippi
Appeal No. 14311 from Judgment dated APRIL 08, 1994, Pike County Circuit Court; The Pike County Circuit Court's judgment of the appellants' guilt of conspiracy to commit murder and murder and its sentence of twenty years for conspiracy and life for murder and the payment of a fine of $10,000 imposed on Burnell Jackson and ten years for conspiracy and life for murder and the payment of a fine of $10,000 imposed on Michelle Cutrer, sentences to be served concurrently in the custody of the Mississippi Department of Corrections, are affirmed. Costs of this appeal are taxed to the appellants.
Billy G. Bridges, C.J.
U
95-CA-00821-COA
Childers, Stratford P. v. Celestine Royston, Nestlelynn R. Garrett, Sidney Wayne Royston, Deloris R. Minor, Homer Rudell Royston, Jacquelynn A. Royston, John Willis Royston, Allen Scruggs and James Scruggs
Appeal No. 93111 from Judgment dated JULY 20, 1995, Benton County Chancery Court; The judgment of the Benton County Chancery Court in favor of the appellees is affirmed. Costs of this appeal are taxed to the appellant.
Billy G. Bridges, C.J.
U
95-CC-01153-COA
Nail, Stacy Renee v. Varsity Uniforms and Michigan Mutual Insurance Company
Appeal No. 15886 from Judgment dated OCTOBER 02, 1995, Attala County Circuit Court; The judgment of the Attala County Circuit Court affirming the decision of the Mississippi Worker's Compensation Commission is affirmed. Costs of this appeal taxed to appellant.
Billy G. Bridges, C.J.
96-KA-00307-COA
Hill, Aubrey a/k/a Raymond Hill a/k/a "Bay Bay" a/k/a "Fish man" v. State of Mississippi
Appeal No. 8734 from Judgment dated MARCH 07, 1996, Coahoma County Circuit Court; Motion to dismiss granted. Costs of appeal are assessed to appellant. Order entered.
EN BANC
91-KA-01193-COA
Shaw, Howard v. State of Mississippi
Appeal No. 13597 from Judgment dated OCTOBER 23, 1991, Pike County Circuit Court; DISPOSITION - Motion for rehearing denied. Order entered.
EN BANC
94-KA-01041-COA
Daniels, Billy v. State of Mississippi
Appeal No. 8308 from Judgment dated JULY 15, 1994, Neshoba County Circuit Court; DISPOSITION - Motion for rehearing denied. Order entered. Hinkebein, J., not participating.
EN BANC
94-KA-01146-COA
Collier, Larry a/k/a Larry Ishmall Collier v. State of Mississippi
Appeal No. 4014 from Judgment dated JUNE 03, 1994, Rankin County Circuit Court; DISPOSITION - Motion for rehearing denied. Order entered. Bridges, C.J., and Hinkebein, J., not participating.
EN BANC
94-CA-01263-COA
Spencer, Norman Lee and J. D. Bostick d/b/a J. D. Bostick Logging v. Mary Ann Hannon, Executrix of the Estate of Joe W. Aldridge
Appeal No. 93100 from Judgment dated NOVEMBER 10, 1994, Tishomingo County Circuit Court; DISPOSITION - Appellants' motion for rehearing denied. Order entered. Hinkebein, J., not participating.
EN BANC
95-CA-00854-COA
Enis, Jean, Individually, Monroe County Rentals, Inc. and Elaine Boyd, All Jointly and Severally v. Thomas M. Caldwell
Appeal No. 25097 from Judgment dated MAY 13, 1994, Monroe County Circuit Court; DISPOSITION - Motion for rehearing denied. Order entered. McMillin, P.J., Herring and Hinkebein, not participating.
EN BANC
95-CC-00887-COA
Mississippi Employment Security Commission v. Brad Johnson
Appeal No. 950022 from Judgment dated JULY 26, 1995, Simpson County Circuit Court; DISPOSITION - Motion for rehearing denied. Order entered. Hinkebein, J., not participating.
EN BANC
95-KA-00939-COA
Mitchell, Jeffery a/k/a Jeffrey Marcus Mitchell v. State of Mississippi
Appeal No. 9400016 from Judgment dated SEPTEMBER 01, 1995, Harrison County Circuit Court, First Judicial District; consolidated with 96-KA-00147-COA Jeffery Mitchell a/k/a Jeffrey Marcus Mitchell v. State of Mississippi; Appeal No. 9400016 from Judgment dated SEPTEMBER 01, 1995, Harrison County Circuit Court, First Judicial District; DISPOSITION -Motion for rehearing denied Order entered. Thomas, P.J., and Hinkebein, J., not participating.
EN BANC
96-KA-00147-COA
Mitchell, Jeffery a/k/a Jeffrey Marcus Mitchell v. State of Mississippi
Appeal No. 9400016 from Judgment dated SEPTEMBER 01, 1995, Harrison County Circuit Court, First Judicial District; DISPOSITION -Motion for rehearing denied Order entered. Thomas, P.J., and Hinkebein, J., not participating; consolidated with 95-KA-00939-COA Jeffery Mitchell a/k/a Jeffrey Marcus Mitchell v. State of Mississippi v. State of Mississippi ; Appeal No. 9400016 from Judgment dated SEPTEMBER 01, 1995, Harrison County Circuit Court, First Judicial District
EN BANC
96-CA-00498-COA
Dowell, Michael Earl v. Roberta Sours Dowell
Appeal No. 117930 from Judgment dated APRIL 05, 1996, Hinds County Chancery Court, First Judicial District; DISPOSITION - Motion for rehearing denied. Order entered. Hinkebein, J., not participating.
PER CURIAM
94-KA-00137-COA
Bogan, Larry v. State of Mississippi
Appeal No. OK93021 from Judgment dated FEBRUARY 03, 1994, Chickasaw County Circuit Court, 2nd Judicial District; DISPOSITION - Motion to Continue bond denied. Order entered.
PER CURIAM
94-KA-00984-COA
Zinn, Randy Aness a/k/a "Bo" v. State of Mississippi
Appeal No. CR94065 from Judgment dated SEPTEMBER 07, 1994, Lee County Circuit Court; DISPOSITION - Application for leave to proceed in trial court for relief pursuant to Mississippi Post-Conviction Relief Act dismissed without prejudice. Order entered.
PER CURIAM
95-CC-00606-COA
Mayor and Board of Aldermen of the City of Pearl, Mississippi v. Mississippi Manufactured Housing Association, Inc.
Appeal No. 9486 from Judgment dated APRIL 19, 1995, Rankin County Circuit Court; DISPOSITION - City of Pearl's motion for extension of time to respond to motion to strike granted. Appellant shall file its response on or before June 6, 1997. Order granted.
PER CURIAM
95-CA-00615-COA
Waldron, James Carroll v. Linda Waldron Stahlke
Appeal No. 11497 from Judgment dated MAY 10, 1995, Lamar County Chancery Court; DISPOSITION - Motion for statutory damages granted. The mandate in this case is corrected to show that statutory damages are awarded. Order entered.
PER CURIAM
96-KA-00465-COA
Smith, Larry Rochelle v. State of Mississippi
Appeal No. 936 from Judgment dated APRIL 11, 1996, Franklin County Circuit Court; DISPOSITION - Smith's pro se letter request to supplement denied. Order entered.
PER CURIAM
96-KA-00616-COA
Pearson, Lee v. State of Mississippi
Appeal No. 950038 from Judgment dated SEPTEMBER 22, 1995, Sunflower County Circuit Court; DISPOSITION - Motion for substitution of party/legal counsel dismissed as moot. Order entered.