Mississippi Court of AppealsHand Down List
June 24, 2003
06/24/2003 - Hand Down and published opinions in WordPerfect/ZIP format
Griffis, T. Kenneth
X 2002-KA-00183-COA
Timothy Dupuis v. State of Mississippi; Lincoln Circuit Court; LC Case #: 01-159; Ruling Date: 01/09/2002; Ruling Judge: Mike Smith; Majority Opinion: Griffis, J. Disposition: The judgment of the Lincoln County Circuit Court of conviction of touching a child for lustful purposes and sentence of fifteen years to serve the first 168 months consecutively and day-for-day in the custody of the Mississippi Department of Corrections and the remaining one year suspended for five years' probation and a $5,000 fine is affirmed. Cost of this appeal are assessed to the appellant. Votes: McMillin, C.J., King, P.J., Bridges, Thomas, Lee, Irving, Myers and Chandler, JJ., concur. Southwick, P.J., concurs in result only.
Griffis, T. Kenneth
X 2002-CA-00201-COA
Sherry Rena (Cosby) Surrette Bratcher v. Kevin Lorenzo Surrette; Panola Chancery Court 2nd District; LC Case #: B-99-11-410(L); Ruling Date: 01/22/2002; Ruling Judge: Percy Lynchard, Jr.; Majority Opinion: Griffis, J. Disposition: The judgment of the Chancery Court of Panola County is affirmed. Costs are assessed to the appellant. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers and Chandler, JJ., concur.
Griffis, T. Kenneth
X 2002-CA-00815-COA
Ottie Westerburg v. John Dalton Westerburg; Hinds Chancery Court 1st District; LC Case #: G-97-16 S/2; Ruling Date: 04/15/2002; Ruling Judge: William Singletary; Majority Opinion: Griffis, J. Disposition: The judgment of the Chancery Court of Hinds County is affirmed in part and reversed and rendered in part. Costs of this appeal are assessed half to the appellant and half to the appellee. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers and Chandler, JJ., concur.
Myers, William H.
X 2000-KA-00846-COA
Vincent Wilson a/k/a " Lil Red" v. State of Mississippi; Wilkinson Circuit Court; LC Case #: 4773; Ruling Date: 06/17/1998; Ruling Judge: Lillie Sanders; Majority Opinion: Myers, J. Disposition: The judgment of the Circuit Court of Wilkinson County of conviction of manslaughter and sentence of twenty years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Wilkinson County. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Chandler and Griffis, JJ., concur.
Myers, William H.
X 2001-KA-01863-COA
Antonio Terrell Anderson a/k/a Crazy Horse v. State of Mississippi; Jefferson Circuit Court; LC Case #: 2001-15KR; Ruling Date: 08/13/2001; Ruling Judge: Lamar Pickard; Majority Opinion: Myers, J. Disposition: The judgment of the Circuit Court of Jefferson County of conviction of manslaughter and sentence of sixteen years and conviction of three counts of aggravated assault and sentence of eight years for each count in the custody of Mississippi Department of Corrections with all sentences to run consecutively is affirmed. All costs of this appeal are assessed to the appellant. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Chandler and Griffis, JJ., Concur.
Myers, William H.
X 2002-CP-00393-COA
Rudolph Valentino Johnson, Sr. v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 02-CV-014(B); Ruling Date: 02/19/2002; Ruling Judge: Robert Bailey; Majority Opinion: Myers, J. Disposition: The judgment of the Circuit Court of Lauderdale County denying post-conviction collateral relief is affirmed. Costs are assessed to Lauderdale County. Votes: McMillin, C.J., King, P.J., Bridges, Thomas, Lee, Chandler and Griffis, JJ., concur. Southwick, P.J. and Irving, J., concur in result only.
Myers, William H.
X 2002-KP-00973-COA
Ronald J. Robinson v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 290-99; Ruling Date: 05/08/2002; Ruling Judge: Robert Bailey; Majority Opinion: Myers, J. Disposition: The judgment of the Circuit Court of Lauderdale County denying motion to reconsider sentence is affirmed. Costs of this appeal are assessed to Lauderdale County. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Chandler and Griffis, JJ., concur.
Irving, Tyree
X 2002-CA-00299-COA
JS, Inc. d/b/a CAPS Auto Parts v. Brandon Auto Supply, Inc. d/b/a Noel's Automotive Warehouse; Hinds Chancery Court 1st District; LC Case #: G2000-2251 0/3; Ruling Date: 01/24/2002; Ruling Judge: Denise Owens; Majority Opinion: Irving, J. Disposition: The judgment of the Chancery Court of the First Judicial District of Hinds County is affirmed. All costs of this appeal are assessed to the appellant. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Myers, Chandler and Griffis, JJ., concur.
Lee, L. Joseph
XXX 2002-KA-00041-COA
Raymond Helton Friley, Jr. v. State of Mississippi; Warren Circuit Court; LC Case #: 00-0150-CR-P; Ruling Date: 01/17/2001; Ruling Judge: Isadore Patrick, Jr.; Majority Opinion: Lee, J. Disposition: The judgment of the Circuit Court of Warren County is reversed and rendered. Costs of this appeal are taxed to Warren County. Votes: McMillin, C.J., King, P.J., Bridges, Thomas and Irving, JJ., concur. Concurring Opinion: Southwick, P.J. Votes: McMillin, C.J. and Bridges, J., join this opinion. Dissenting Opinion: Griffis, J. Votes: Myers and Chandler, JJ., join this opinion.
Lee, L. Joseph
X 2002-CP-00892-COA
Michael Curry v. State of Mississippi; Panola Circuit Court 2nd District; LC Case #: CV2002-90BP2; Ruling Date: 05/08/2002; Ruling Judge: Andrew Baker; Majority Opinion: Lee, J. Disposition: The judgment of the Panola County Circuit Court dismissing the motion for post-conviction relief is affirmed but remanded for reconsideration of sentencing. Costs of this appeal are assessed to Panola County. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Irving, Myers, Chandler and Griffis, JJ., concur.
Thomas, James E.
X 2002-CA-00199-COA
Barry R. Artz v. Shannon C. Artz; Lowndes Chancery Court; LC Case #: 2000-0655; Ruling Date: 01/09/2002; Ruling Judge: Dorothy Colom; Majority Opinion: Thomas, J. Disposition: The judgment of the Lowndes County Chancery Court is affirmed. Statutory damages and interest are awarded. All costs of this appeal are assessed against the appellant. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Lee, Myers, Chandler and Griffis, JJ., concur. Irving, J., dissents without separate written opinion.
Thomas, James E.
X 2002-CP-00327-COA
Shannon V. Gardner v. State of Mississippi; Neshoba Circuit Court; LC Case #: 01-CV-0290-NS-G; Ruling Date: 05/16/2002; Ruling Judge: Marcus Gordon; Majority Opinion: Thomas, J. Disposition: The judgment of the Circuit Court of Neshoba County denying post-conviction relief is affirmed. All costs of this appeal are assessed to Neshoba County. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Lee, Myers, Chandler and Griffis, JJ., concur. Irving, J., concurs in result only.
Thomas, James E.
X 2002-CA-00656-COA
Pearlie Thomas v. State Farm Fire and Casualty Company a/k/a State Farm General Insurance Company; Sunflower Circuit Court; LC Case #: 96-0307; Ruling Date: 03/25/2002; Ruling Judge: Margaret Carey-McCray; Majority Opinion: Thomas, J. Disposition: The judgment of the Circuit Court of Sunflower County is affirmed. All costs of this appeal are assessed against the appellant. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Lee, Irving, Myers, Chandler and Griffis, JJ., concur.
Thomas, James E.
X 2002-CC-01153-COA
Gary Hemba v. Mississippi Department of Corrections; Hinds Circuit Court 2nd District; LC Case #: 251-01-758-CIV; Ruling Date: 06/03/2002; Ruling Judge: W. Yerger; Majority Opinion: Thomas, J. Disposition: The judgment of the Circuit Court of Hinds County is reversed and rendered. All costs of this appeal are assessed against the appellee. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Lee, Irving, Myers, Chandler and Griffis, JJ., concur.
Thomas, James E.
X 2002-CP-01305-COA
Anthony Gene Coffey v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-02-00351; Ruling Date: 07/15/2002; Ruling Judge: Jerry Terry, Sr.; Majority Opinion: Thomas, J. Disposition: The judgment of the Circuit Court of Harrison County denying post-conviction relief is affirmed. All costs of this appeal are assessed to Harrison County. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Lee, Irving, Myers, Chandler and Griffis, JJ., concur.
King, Leslie D.
X 2001-CP-01753-COA
David Whitefoot and Elena Whitefoot v. BancorpSouth Bank f/k/a Bank of Mississippi; Clay Chancery Court; LC Case #: 98-108; Ruling Date: 08/28/2001; Ruling Judge: Robert Lancaster; Majority Opinion: King, P.J. Disposition: The judgment of the Chancery Court of Clay County is affirmed. All costs of appeal are assessed to the appellants. Votes: McMillin, C.J., Southwick, P.J., Bridges, Thomas, Lee, Irving, Myers and Griffis, JJ., concur. Chandler, J., not participating.
EN BANC
2001-KA-01255-COA
Edward Stafford Knight, Sr. v. State of Mississippi; Union Circuit Court; LC Case #: UK-2000-083; Ruling Date: 08/06/2001; Ruling Judge: Henry Lackey; Disposition: Appellant's motion for rehearing is denied. King, P.J., and Irving, J., would grant. McMillin, C.J., not participating.
EN BANC
XX 2001-CA-01705-COA
Dexter Moore v. K&J Enterprises d/b/a The Library Bar & Grill; Lafayette Circuit Court; LC Case #: L00-345; Ruling Date: 10/25/2001; Ruling Judge: R. Coleman; Majority Opinion: Southwick, P.J. Disposition: The judgment of the Circuit Court of Lafayette County is reversed and remanded. All costs are assessed to the appellee. Votes: McMillin, C.J., King, P.J., Lee, Myers and Griffis, JJ., concur. Irving, J., concurs in result only. Dissenting Opinion: Bridges, J. Votes: Thomas and Chandler, JJ., join this opinion.
EN BANC
XX 2002-CP-00324-COA
Morgan V. McClurg, Jr. a/k/a Morgan Vance McClurg v. State of Mississippi; Leflore Circuit Court; LC Case #: 2001-0069-CICI; Ruling Date: 09/13/2001; Ruling Judge: Betty Sanders; Majority Opinion: McMillin, C.J. Disposition: The judgment of the Circuit Court of Leflore County dismissing the complaint is reversed and this cause is remanded for such further proceedings as are appropriate under this opinion. All costs of this appeal are assessed to Leflore County. Votes: Southwick, P.J., Thomas, Lee and Myers, JJ., Concur. Irving, J., not participating. Dissenting Opinion: Chandler, J. Votes: King, P.J., Bridges and Griffis, JJ., join this opinion.
EN BANC
XX 2002-WC-01157-COA
Mississippi Baptist Medical Center and The Virginia Insurance Reciprocal v. Dependents of Frank E. Mullett; Hinds Circuit Court 1st District; LC Case #: 251-01-1128 CIV; Ruling Date: 06/03/2002; Ruling Judge: W. Yerger; Majority Opinion: Myers, J. Disposition: The judgment of the Circuit Court of Hinds County is affirmed. All costs of this appeal are assessed to the appellants. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas and Lee, JJ., concur. Dissenting Opinion: Griffis, J. Votes: Irving and Chandler, JJ., Join This Opinion.