06/22/2004 - Hand Down and published opinions in WordPerfect/ZIP format

Griffis, T. Kenneth
X  2003-CA-00453-COA

Jeffrey K. Edwards v. Karen Edwards-Barker; Lafayette Chancery Court; LC Case #: 96-044; Ruling Date: 02/14/2003; Ruling Judge: Glenn Alderson; Majority Opinion: Griffis, J. Disposition: The judgment of the Lafayette County Chancery Court is affirmed. Statutory damages and interest are awarded. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges and Southwick, P.JJ., Thomas, Lee, Irving, Myers and Chandler, JJ., concur.

Jermaine Richardson v. State of Mississippi; Prentiss Circuit Court; LC Case #: CR01-123; Ruling Date: 02/21/2003; Ruling Judge: Thomas Gardner, III; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Prentiss County of conviction of drive-by shooting and sentence of fifteen years in the custody of the Mississippi Department of Corrections with eight years suspended and five years of post-release supervision, fine of $1,000 and $406.81 in restitution is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges and Southwick, P.JJ., Thomas, Lee, Irving, Myers and Chandler, JJ., concur.

Brandon Burton a/k/a Rye v. State of Mississippi; Panola Circuit Court 1st District; LC Case #: CR2002-77-BP1; Ruling Date: 08/08/2003; Ruling Judge: Andrew Baker; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Panola County of conviction of sale of cocaine and sentence of ten years in the custody of the Mississippi Department of Corrections with seven years to serve and three years of post-release supervision to be served consecutively to any previously imposed sentences, fine of $5,000 with $4,000 suspended, and $100 to the Crime Victims' Fund is affirmed. All costs of this appeal are assessed to Panola County. Votes: King, C.J., Bridges and Southwick, P.JJ., Thomas, Lee, Irving, Myers and Chandler, JJ., concur.

Jessie J. Cannon v. State of Mississippi; Webster Circuit Court; LC Case #: 2002-60-CR; Ruling Date: 01/27/2003; Ruling Judge: C. Morgan, III; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Webster County is reversed and remanded. Costs of this appeal are assessed to Webster County. Votes: King, C.J., Bridges and Southwick, P.JJ., and Lee, J., concur. Thomas, J., not participating. Dissenting Opinion: Griffis, J. Votes: Irving and Myers, JJ., join this opinion.

Anthony McGruder v. State of Mississippi; Yazoo Circuit Court; LC Case #: 98-8387; Ruling Date: 03/21/2003; Ruling Judge: Jannie Lewis; Consolidated with 2001-CT-01542-COA Anthony McGruder v. State of Mississippi; Yazoo Circuit Court; LC Case #: 98-8387; Ruling Date: 11/29/2000; Ruling Judge: Jannie Lewis; Majority Opinion: Myers, J. Disposition: The judgment of the Circuit Court of Yazoo County of conviction of count I, murder and sentence of life; count II, murder and sentence of life to run concurrently to sentence in count I; count III, arson and sentence of ten years to run consecutively to sentences in counts I and II, all in the custody of the Mississippi Department of Corrections is affirmed. All costs of appeal are assessed to Yazoo County. Votes: King, C.J., Bridges and Southwick, P.JJ., Lee, Irving, Chandler and Griffis, JJ., concur. Concurring Opinion: Thomas, J.

Stephanie White Brown v. James Frederick White; Hinds Chancery Court 1st District; LC Case #: G97-2104 0/3; Ruling Date: 08/29/2002; Ruling Judge: Denise Owens; Majority Opinion: Irving, J. Disposition: The judgment of the Chancery Court of Hinds County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges and Southwick, P.JJ., Thomas, Lee, Myers, Chandler and Griffis, JJ., concur.

Jackson Public School District and Wilbur Hardy v. Tasha Smith, as Next Friend and Natural Guardian of Jaquan Cox, a Minor; Hinds Circuit Court 1st District; LC Case #: 251-00-1311; Ruling Date: 12/05/2002; Ruling Judge: Winston Kidd; Majority Opinion: Irving, J. Disposition: The judgment of the Hinds County Circuit Court, as to damages, is remitted to $400,000 and affirmed as remitted if the remittitur is accepted by Tasha Smith within ten days after the judgment of this court becomes final. If the remittitur is rejected, the judgment of the circuit court is reversed and remanded for a new trial on damages only. Costs of this appeal are assessed one half to the appellant and one half to the appellee. Votes: King, C.J., Bridges and Southwick, P.JJ., Thomas, Lee, Myers and Chandler, JJ., concur. Griffis, J., not participating.

Arbie Jo Buckley a/k/a Arbie Jo Buckley House v. State of Mississippi; Panola Circuit Court 1st District; LC Case #: CR-2001-58-LP1; Ruling Date: 12/12/2002; Ruling Judge: Ann Lamar; Majority Opinion: Southwick, P.J. Disposition: The judgment of the Circuit Court of Panola County is reversed and rendered. Arbie Jo Buckley is remanded to the custody of the sheriff of Panola County to await the action of the next grand jury. All costs are taxed to Panola County. Votes: King, C.J., Bridges, P.J., Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ., concur.

Washington County, Mississippi v. Earnestine Ross Graves; Washington Chancery Court; LC Case #: 200447; Ruling Date: 12/31/2002; Ruling Judge: Ceola James; Majority Opinion: Southwick, P.J. Disposition: The judgment of the Chancery Court of Washington County is reversed and rendered. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Bridges, P.J., Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ., concur.

John Curtis Lee v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-02-322; Ruling Date: 01/15/2003; Ruling Judge: Jerry Terry, Sr.; Majority Opinion: Southwick, P.J. Disposition: The judgment of the Harrison County Circuit Court of conviction of robbery and sentence of seven years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Harrison County. Votes: King, C.J., Bridges, P.J., Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ., concur.

Johnny Lee Johnson v. State of Mississippi; Jefferson Davis Circuit Court; LC Case #: K2000-79P; Ruling Date: 02/21/2003; Ruling Judge: R. Prichard, III; Majority Opinion: Southwick, P.J. Disposition: The judgment of the Circuit Court of Jefferson Davis County of conviction of sale of cocaine is affirmed; the sentence is reversed and remanded for a new sentence to be imposed. All costs of this appeal are assessed to Jefferson Davis County. Votes: King, C.J., Bridges, P.J., Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ., concur.

James Hamilton v. David Ruffin, et al.; Sunflower Circuit Court; LC Case #: 2002-0030-M; Ruling Date: 04/14/2003; Ruling Judge: Betty Sanders; Majority Opinion: Southwick, P.J. Disposition: The judgment of the Circuit Court of Sunflower County dismissing the complaint with prejudice is affirmed. All costs are assessed to the appellant. Votes: King, C.J., Bridges, P.J., Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ., concur.

Elizabeth Ericson, Executrix of the Estate of Richard Spang, Deceased v. Debra Sue Tullos; Rankin Chancery Court; LC Case #: 47,981; Ruling Date: 12/31/2001; Ruling Judge: Thomas Zebert; Majority Opinion: Bridges, P.J. Disposition: The judgment of the Rankin County Chancery Court is affirmed on direct and cross appeal. Costs of this appeal are assessed one half to the appellant and one half to the appellee. Votes: King, C.J., Southwick, P.J., Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ., concur.

Terrence Clark a/k/a Terrance Clark v. State of Mississippi; Chickasaw Circuit Court 1st District; LC Case #: HK-94-031; Ruling Date: 06/25/2002; Ruling Judge: Henry Lackey; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Chickasaw County denying post-conviction collateral relief is affirmed. All costs of this appeal are assessed to Chickasaw County. Votes: Bridges and Southwick, P.JJ., Thomas, Lee, Myers, Chandler and Griffis, JJ., concur. Irving, J., concurs in result only.

Joshua Harvey v. State of Mississippi; Grenada Circuit Court; LC Case #: 2001-0209 CR; Ruling Date: 09/26/2002; Ruling Judge: C. Morgan, III; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Grenada County of conviction of count I resisting arrest and sentence of six months in the Grenada County Jail, count II resisting arrest- dismissed, and count III possession of a firearm by a convicted felon and sentence of three years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Grenada County. Votes: Bridges and Southwick, P.JJ., Thomas, Lee, Myers, Chandler and Griffis, JJ., concur. Irving, J., dissents without separate written opinion.

Debbie Noah, Individually and on Behalf of the Wrongful Death Beneficiaries of Lindsay McElroy v. General Motors Corporation, Kelsey-Hayes Company and Delta Chevrolet-Olds Cadillac Company; Leflore Circuit Court; LC Case #: 99-0126CI; Ruling Date: 05/16/2001; Ruling Judge: Margaret Carey-McCray; Disposition: Appellants' motion for rehearing is denied.

Timothy V. Ross, Todd Ross and Champion Industries, Inc. v. National Forms & Systems Group, Inc. and Mickey McCardle; Hinds Circuit Court 1st District; LC Case #: 251-00-942-CIV; Ruling Date: 07/16/2002; Ruling Judge: Winston Kidd; Majority Opinion: Bridges, P.J. Disposition: The appellees' motion for rehearing is denied. The original opinion is withdrawn and this opinion is substituted therefor. The judgment of the Hinds County Circuit Court is reversed and remanded for new trial. Costs of this appeal are assessed to the appellees. Votes: King, C.J., Southwick, P.J., Thomas, Lee, Irving, Myers and Chandler, JJ., concur. Griffis, J., not participating.

Clifford Kelly Howe, Individually, Julie Newsome Howe, Individually, and Clifford Kelly Howe and Julie Newsome Howe on Behalf of Their Minor Child, Heather Autumn Howe v. Dr. Maribeth Andereck; Forrest Circuit Court; LC Case #: CI01-0216; Ruling Date: 06/25/2002; Ruling Judge: Richard McKenzie; Disposition: Appellant's motion for rehearing is denied. Southwick, P.J., and Griffis, J., not participating.

Roy Randall Harper a/k/a Roy Randle Harper and John Fred Woolard v. State of Mississippi; Tallahatchie Circuit Court 2nd District; LC Case #: CR2001-19-B-12; Ruling Date: 11/12/2002; Ruling Judge: Andrew Baker; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Tallahatchie County of conviction of John Fred Woolard and Roy Randall Harper of Count 1: Burglary of a dwelling, Count 2: Grand Larceny, Count 3: Grand Larceny, and Count 4: Kidnapping, and sentence of life imprisonment on each count in the custody of the Mississippi Department of Corrections, as habitual offenders, without the possibility of parole, with the sentences to run concurrently to each other and consecutively to any other previously imposed sentences is affirmed. All costs of this appeal are assessed to Tallahatchie County. Votes: King, C.J., Bridges and Southwick, P.JJ., Lee, Myers and Chandler, JJ., concur. Irving, J., concurs in result only. Thomas, J., not participating.

Benny R. Knight v. Corey Brooks; Jackson Circuit Court; LC Case #: CI96-0366(1); Ruling Date: 11/05/2002; Ruling Judge: Dale Harkey; Disposition: Appellee's motion for rehearing is denied.

Bobby Earl Wofford v. State of Mississippi; Clay Circuit Court; LC Case #: 2000-103; Ruling Date: 07/19/2001; Ruling Judge: Lee Howard; Disposition: Appellant's motion for rehearing is denied.

Eartha Jamison v. Dr. James Kilgore d/b/a Foot Clinic of Columbus; Lowndes Circuit Court; LC Case #: 1999-0057-CV1; Ruling Date: 02/26/2003; Ruling Judge: James Kitchens, Jr.; Disposition: Appellant's motion for rehearing is denied.