Hand Down Lists
June 29, 1999
Thomas, James E.
XX 97-CA-00634-COA
Greyhound Lines, Inc. v. Gerald Sutton, Administrator of the Estate of Nicholas May, Deceased; Gerald Sutton, Administrator of the Estate of Sumone May, Deceased; Donnie Caughman, Administrator of the Estate of Marcus May, Deceased; Estate of Cheryl May; Nancy Bonanno; Paul Cotte
Simpson Chancery Court; LC Case#: 950243; Ruling Date: 04/18/1997; Ruling Judge: J. Buffington; Majority Opinion: Thomas, J. Disposition: The judgment of the Chancery Court of Simpson County is affirmed in part and reversed and remanded in part. Appellant and Appellee taxed with costs of appeal. Votes: King, P.J., Bridges, J., Diaz, J., Irving, J., Payne, J., Concur. Coleman, J., Lee, J., Not Participating. Concurring Opinion: Southwick, P.J. Votes: McMillin, C.J., Join.
Thomas, James E.
X
97-CA-01244-COA
Keough, Michael Glenn v. Joann (Wilkerson) Keough
DeSoto Chancery Court; LC Case#: 964527; Ruling Date: 09/08/1997; Ruling Judge: Percy Lynchard, Jr.; Majority Opinion:Thomas, J. Disposition: The judgment of the Desoto County Chancery Court is affirmed. Statutory damages and interest are awarded. Appellant taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Coleman, J., Diaz, J., Irving, J., Lee, J., Payne, J., Concur.
Thomas, James E.
X
98-KA-00013-COA
Greer, Kent v. State of Mississippi
Holmes Circuit Court; LC Case#: 10137; Ruling Date: 10/07/1997; Ruling Judge: Jannie Lewis; Majority Opinion: Thomas, J. Disposition: The judgment of the Circuit Court of Holmes County of conviction of Count I aggravated assault and sentence of twenty years; Count II murder and sentence of life imprisonment to run consecutively to sentence in Count I is affirmed. Appellant taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Coleman, J., Diaz, J., Irving, J., Lee, J., Payne, J., Concur. Bridges, J., Not Participating.
Thomas, James E.
X
98-CA-00073-COA
Lack, Ricky M. v. Kathy Lack Nash
Copiah Chancery Court; LC Case#: 960490; Ruling Date: 11/26/1997; Ruling Judge: Donald Patterson; Majority Opinion: Thomas, J. Disposition: The judgment of the Copiah County Chancery Court is affirmed. Appellant taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Coleman, J., Diaz, J., Irving, J., Lee, J., Payne, J., Concur.
Payne, Mary Libby
XX
98-CA-00618-COA
Patterson, Willielean v. Vend Foods, Inc. and Timmy L. Spradlin
Lee Circuit Court; LC Case#: 95144; Ruling Date: 07/30/1997; Ruling Judge: Thomas Gardner, III; Majority Opinion: Payne, J. Disposition: The judgment of the Circuit Court of Lee County is reversed and rendered in part and reversed and remanded in part. Appellees taxed with costs of appeal. Votes: King, P.J., Bridges, J., Coleman, J., Irving, J., Lee, J., Concur. Diaz, J., Concurs in Part . Concurring Opinion: McMillin, C.J. Votes: Southwick, P.J., Thomas, J., Join. Diaz, J., Concurs in Part .
Lee, L. Joe
X
97-CA-01049-COA
Sullivan, William S. and wife, Carol L. Sullivan v. James Kolb and wife, Deborah Kolb
Rankin Chancery Court; LC Case#: 39816; Ruling Date: 07/29/1997; Ruling Judge: John Grant, III; Majority Opinion: Lee, J. Disposition: The judgment of the Rankin County Chancery Court is affirmed. Appellants taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Coleman, J., Diaz, J., Irving, J., Thomas, J., Concur. Bridges, J., Payne, J., Not Participating.
Diaz, Oliver E., Jr.
X
97-KA-01217-COA
Evans, Issac v. State of Mississippi
Rankin Circuit Court; LC Case#: 5282; Ruling Date: 03/21/1997; Ruling Judge: John Toney; Majority Opinion: Diaz, J. Disposition: The judgment of the Circuit Court of Rankin County of conviction of armed robbery as an habitual offender and to serve a sentence of life in the custody of the Mississippi Department of Corrections is affirmed. Rankin County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Coleman, J., Irving, J., Lee, J., Payne, J., Thomas, J., Concur.
Diaz, Oliver E., Jr.
X
97-KA-01614-COA
Washington, Jr., Nathaniel, a/k/a "Pee Wee"; Carlton Noel Palmer a/k/a "Carl"; and M. B. Vaughn a/k/a "Dirt" v. State of Mississippi
Coahoma Circuit Court; LC Case#: 9152; Ruling Date: 11/13/1997; Ruling Judge: Elzy Smith, Jr.; Majority Opinion: Diaz, J. Disposition: As to Nathaniel Washington, Jr., the judgment of the Circuit Court of Coahoma County of conviction Count I, conspiracy to commit grand larceny and sentence of five years and payment of $1,000 fine; Count II, grand larceny and sentence of five years (suspended) to run consecutively to sentence in Count I; Count III, attemped grand larceny and sentence of five years (suspended) to run consecutively to sentences in Counts I and II, all in the custody/supervision of the Mississippi Department of Corrections is affirmed. As to M.B. Vaughn, the judgment of the Circuit Court of Coahoma County of conviction of Count I, consipiracy to commit grand larceny and sentence of five years and payment of $1,000 fine; Count II, grand larceny and sentence of five years (suspended) to run consecutively to sentence in Count I; Count III, attempted grand larceny and sentence of five years (suspended) to run consecutively to the sentences in Counts I and II, all in the custody/supervision of the Mississippi Department of Corrections is affirmed. As to Carlton Noel Palmer, the judgment of the Circuit Court of Coahoma County of conviction Count III of attempted grand larceny and sentence of five years (with three years suspended after defendant has served two years) in the custody of the Mississippi Department of Corrections and fine of $1,000 is affirmed. Coahoma County taxed with one third of the costs of this appeal; M.B. Vaughn taxed with one third of the costs; and Carlton Noel Palmer taxed with one third. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Coleman, J., Irving, J., Lee, J., Payne, J., Thomas, J., Concur.
Diaz, Oliver E., Jr.
X
98-CA-00056-COA
MINGO, DECEASED, IN THE MATTER OF THE LAST WILL AND TESTAMENT AND ESTATE OF THOMAS D.: Mary K. Patton and Hattie Mage e, Co-Administratrix of the Estate of Ruby Mingo, Deceased v. Wilmon O. Mingo, Executor of Estate of Thomas D. Mingo, Deceased
Marion Chancery Court; LC Case#: 940320; Ruling Date: 12/03/1997; Ruling Judge: James Thomas, Jr.; Majority Opinion: Diaz, J. Disposition: The judgment of the Marion County Chancery Court is affirmed. Appellant taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Coleman, J., Lee, J., Payne, J., Thomas, J., Concur. Irving, J., Concurs in result only.
Diaz, Oliver E., Jr.
X
98-KA-00327-COA
Trollinger, Don William Clyde v. State of Mississippi
DeSoto Circuit Court; LC Case#: CR9725; Ruling Date: 01/29/1998; Ruling Judge: George Ready; Majority Opinion: Diaz, J. Disposition: The judgment of the Circuit Court of Desoto County of conviction of manslaughter and sentence of twenty years in the custody of the Mississippi Department of Corrections is affirmed. DeSoto County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Coleman, J., Irving, J., Lee, J., Payne, J., Thomas, J., Concur.
Diaz, Oliver E., Jr.
X
98-CA-00742-COA
Riley, Albert E. v. State of Mississippi
DeSoto Circuit Court; LC Case#: CV97298; Ruling Date: 04/09/1998; Ruling Judge: George Ready; Majority Opinion: Diaz, J. Disposition: The judgment of the Desoto County Circuit Court of denial of post-conviction relief is affirmed. DeSoto County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Coleman, J., Irving, J., Lee, J., Payne, J., Thomas, J., Concur.
Coleman, Thomas A.
X
97-CP-00236-COA
Daggans, Kenneth a/k/a Kenneth Bernard Daggans v. State of Mississippi
Harrison Circuit Court 1st District; LC Case#: 9126073; Ruling Date: 05/06/1997; Ruling Judge: John Whitfield; Consolidated With 97-CA-00515-COA Kenneth Daggans a/k/a Kenneth Bernard Daggans v. State of Mississippi; Harrison Circuit Court 1st District; LC Case#: HC604; Ruling Date: 05/19/1997; Ruling Judge: John Whitfield;
Majority Opinion: Coleman, J. Disposition: The judgment of the Circuit Court of the First Judicial District of Harrison County denying relief on all of the Appellant's petitions for post conviction relief is affirmed. Harrison County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Diaz, J., Irving, J., Lee, J., Payne, J., Concur. Thomas, J., Not Participating.
Coleman, Thomas A.
X
97-KA-01367-COA
Skinner, Anderson v. State of Mississippi
Montgomery Circuit Court; LC Case#: 7526; Ruling Date: 10/21/1997; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Coleman, J. Disposition: The judgment of the Circuit Court of Montgomery County of Appellant's conviction of murder and its sentence of appellant to serve the remainder of his natural life in the custody of the Mississippi Department of Corrections are affirmed. Montgomery County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Diaz, J., Irving, J., Lee, J., Payne, J., Thomas, J., Concur.
Bridges, Billy G.
98-CP-00768-COA
Malone, Brent a/k/a James Brent Malone v. State of Mississippi
Lafayette Circuit Court; LC Case#: 98053; Ruling Date: 04/10/1998; Ruling Judge: Henry Lackey; Majority Opinion: Bridges, J. Disposition: The judgment of the Lafayette County Circuit Court denying post-conviction relief is affirmed. Lafayette County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Coleman, J., Diaz, J., Irving, J., Lee, J., Payne, J., Thomas, J., Concur.
Bridges, Billy G.
XX
98-CC-00772-COA
Walden Lumber Yard and Mississippi Casualty Insurance Company v. John Charles Miller
Prentiss Circuit Court; LC Case#: CV97264; Ruling Date: 04/17/1998; Ruling Judge: Barry Ford; Majority Opinion: Bridges, J. Disposition: The judgment of the Prentiss County Circuit Court is affirmed. Statutory damages and interest are awarded. Appellant taxed with costs of appeal. Votes: King, P.J., Coleman, J., Diaz, J., Irving, J., Lee, J., Payne, J., Concur. Concurring in Part and Dissenting in Part Opinion: McMillin, C.J. Votes: Southwick, P.J., Thomas, J., Concur.
Southwick, Leslie H.
X
96-KA-00661-COA
Mosby, Deborah a/k/a Deborah A. Mosby a/k/a Deborah Anita Mosby v. State of Mississippi
Hinds Circuit Court 1st District; LC Case#: 941496; Ruling Date: 12/12/1995; Ruling Judge: L. Hilburn, Jr.; Majority Opinion:Southwick, P.J. Disposition: The judgment of the Hinds County Circuit Court on change of venue to the Hancock County Circuit Court of conviction of capital murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections is affirmed. Hinds County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Bridges, J., Coleman, J., Diaz, J., Irving, J., Lee, J., Payne, J., Thomas, J., Concur.
Southwick, Leslie H.
X
97-KA-01057-COA
McClendon, Anthony Terrell v. State of Mississippi
Hinds Circuit Court 2nd District; LC Case#: V4491; Ruling Date: 08/05/1997; Ruling Judge: L. Hilburn, Jr.; Majority Opinion: Southwick, P.J. Disposition: The judgment of the Hinds County Circuit Court of conviction of murder and sentence of life in the custody of the Mississippi Department of Corrections is affirmed. Hinds County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Bridges, J., Coleman, J., Diaz, J., Irving, J., Lee, J., Payne, J., Thomas, J., Concur.
Southwick, Leslie H.
X
97-KA-01082-COA
Howard, Frank a/k/a Frank Elvin Howard v. State of Mississippi
Tate Circuit Court; LC Case#: CR9675; Ruling Date: 08/28/1997; Ruling Judge: Andrew Baker; Majority Opinion: Southwick, P.J. Disposition: The judgment of the Tate County Circuit Court of conviction on Count I, murder, and sentence of life in the custody of the Mississippi Department of Corrections; and on Count II, aggravated assault, and sentence of ten (10) years in the custody of the Mississippi Department of Corrections, said sentence for Count II suspended pending future good behavior and to run consecutively with the sentence in Count I, is affirmed. Tate County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Coleman, J., Diaz, J., Irving, J., Lee, J., Payne, J., Thomas, J., Concur. Bridges, J., Not Participating.
Southwick, Leslie H.
X
98-KA-00183-COA
Price, Roderick a/k/a Roderick P. Price a/k/a Roderick D. Price v. State of Mississippi
Washington Circuit Court; LC Case#: 25360; Ruling Date: 01/09/1998; Ruling Judge: W. Hines; Majority Opinion: Southwick, P.J. Disposition: The judgment of the Washington County Circuit Court and convictions on Count I burglary of a dwelling house, Count II burglary of a dwelling house, Count III rape, and Count IV sexual battery, and sentences of twenty-five years on Count I, twenty-five years on Count II, forty-five years on Count III, and thirty years on Count IV, all to run consecutively and to be served in the custody of the Mississippi Department of Corrections, is affirmed. Washington County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Coleman, J., Diaz, J., Irving, J., Lee, J., Payne, J., Thomas, J., Concur. Bridges, J., Not Participating.
Southwick, Leslie H.
X
98-CA-00296-COA
Rose, James v. William Clenney
Harrison Circuit Court 2nd District; LC Case#: 9700132; Ruling Date: 02/02/1998; Ruling Judge: Kosta Vlahos; Majority Opinion: Southwick, P.J. Disposition: The judgment of the Harrison County Circuit Court is affirmed. Appellant taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Bridges, J., Coleman, J., Diaz, J., Irving, J., Lee, J., Payne, J., Concur. Thomas, J., Not Participating.
King, Leslie D.
X
97-CP-01613-COA
Cooper, Orman Rob v. State of Mississippi
Itawamba Circuit Court; LC Case#: CV97049; Ruling Date: 11/07/1997; Ruling Judge: Barry Ford; Majority Opinion: King, P.J. Disposition: The judgment of the Circuit Court of Itawamba County is reversed. Appellant's plea is vacated, and this cause is remanded for new trial. Itawamba County taxed with costs of appeal. Votes: McMillin, C.J., Southwick, P.J., Bridges, J., Coleman, J., Diaz, J., Irving, J., Lee, J., Payne, J., Thomas, J., Concur.
EN BANC
XXX
96-CA-00692-COA
Accu-Fab & Construction, Inc., and Roy Anderson Corporation v. Richard G. Ladner, Deceased, by and through Beverly Ladner, his widow, as his personal representative
Jackson Circuit Court; LC Case#: CI940180; Ruling Date: 04/16/1995; Ruling Judge: Kathy Jackson; Majority Opinion: King, P.J. Disposition: The judgment of the Jackson County Circuit Court is reversed and remanded for proceedings consistent with this opinion. Appellants and Appellee taxed with costs of appeal. Votes: Bridges, J., Coleman, J., Diaz, J., Irving, J., Payne, J., Concur. Concurring Opinion: Thomas, J. Votes: Bridges, J., Diaz, J., Lee, J., Join. Concurring in Part and Dissenting in Part Opinion: McMillin, C.J. Votes: Southwick, P.J., Join.
EN BANC
XX
96-KA-00959-COA
Hawthorne, Mack A. a/k/a Mack Alfred Hawthorne v. State of Mississippi
Lauderdale Circuit Court; LC Case#: 13996; Ruling Date: 08/07/1996; Ruling Judge: Larry Roberts; Majority Opinion:Southwick, P.J. Disposition: The previous opinion is withdrawn and the rehearing is granted. Part I: The judgment of the Circuit Court of Lauderdale County of conviction of attempted sexual battery and sentence to serve thirty years is reversed and remanded for further proceedings. Parts II & III: The judgment of conviction of aggravated assault and sentence to serve twenty years in the custody of the Mississippi Department of Corrections as an habitual offender is reversed and remanded. Lauderdale County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Bridges, J., Coleman, J., Diaz, J., Thomas, J., Concur. Irving, J., Lee, J., Not Participating. Concurring in Part and Dissenting in Part Opinion: Payne, J. Votes: Diaz, J., Concurs in Part .
EN BANC
XX
97-CC-00004-COA
Wal-Mart Stores, Inc. and National Union Fire Insurance Company of Pittsburgh, Pennsylvania v. Helen Darlene Pace Fowler
Simpson Circuit Court; LC Case#: 960152; Ruling Date: 12/06/1996; Ruling Judge: Robert Evans; Majority Opinion: King, P.J. Disposition: The judgment of the Simpson County Circuit Court is affirmed. Appellants taxed with costs of appeal plus statutory damages and penalty. Votes: Bridges, J., Coleman, J., Diaz, J., Irving, J., Lee, J., Payne, J., Thomas, J., Concur. Dissenting Opinion: McMillin, C.J. Votes: Southwick, P.J., Joins.
EN BANC
97-KA-00387-COA
Guerrero, Jose A. v. State of Mississippi
Jones Circuit Court 2nd District; LC Case#: 9673; Ruling Date: 04/02/1997; Ruling Judge: Billy Landrum; Disposition: Appellant's motion for rehearing is denied. Coleman, J., would grant.
EN BANC
97-KA-00688-COA
McCollum, Alfred v. State of Mississippi
Covington Circuit Court; LC Case#: 3245; Ruling Date: 02/21/1997; Ruling Judge: Robert Evans; Disposition: Appellant's motion for rehearing is denied. Coleman and Irving, JJ., would grant.
EN BANC
X
97-CA-01169-COA
Anderson, Ora Lean v. James Lee Kimbrough
Holmes Chancery Court; LC Case#: 960220; Ruling Date: 08/28/1997; Ruling Judge: Derek Parker; Majority Opinion:Southwick, P.J. Disposition: The judgment of the Chancery Court of Holmes County is reversed and remanded for further proceedings consistent with this opinion. Appellee taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Bridges, J., Coleman, J., Diaz, J., Lee, J., Payne, J., Thomas, J., Concur. Irving, J., Concurs in result only.
EN BANC
97-KA-01429-COA
Williams, Elbert Lee a/k/a AL Williams v. State of Mississippi
Lauderdale Circuit Court; LC Case#: 66496; Ruling Date: 10/16/1997; Ruling Judge: Robert Bailey; Disposition: Appellant's motion for rehearing is denied. McMillin, C.J., King, P.J., Coleman, J., would grant.
EN BANC
97-KA-01618-COA
Turnage, Ron a/k/a Ronald Turnage v. State of Mississippi
Forrest Circuit Court; LC Case#: 18101; Ruling Date: 08/20/1997; Ruling Judge: Richard McKenzie; Disposition: Appellant's motion for rehearing is denied. King, P.J., Coleman, J., would grant. Irving and Lee, JJ., not participating.
EN BANC
XX
98-CC-00022-COA
Burns, Katheryn Suzanne v. Public Employees Retirement System of Mississippi
Hinds Circuit Court 1st District; LC Case#: 9760CIV; Ruling Date: 11/17/1997; Ruling Judge: James Graves, Jr.; Majority Opinion: Diaz, J. Disposition: On motion for rehearing, the original opinion is withdrawn and this opinion substituted. The motion for rehearing is denied. The judgment of the Hinds County Circuit Court is reversed and remanded for proceedings consistent with this opinion. Appellee taxed with costs of appeal. Votes: King, P.J., Bridges, J., Coleman, J., Irving, J., Lee, J., Payne, J., Thomas, J., Concur. Concurring in Part and Dissenting in Part Opinion: Southwick, P.J. Votes: McMillin, C.J., Concur.
EN BANC
XX
98-CC-00035-COA
Flowers, Patricia v. Public Employees Retirement System of Mississippi
Hinds Circuit Court 1st District; LC Case#: 9759CIV; Ruling Date: 12/02/1997; Ruling Judge: W. Yerger; Majority Opinion:Diaz, J. Disposition: The original opinion is withdrawn and substituted with this one. Motion for Rehearing is denied. The judgment of the Hinds County Circuit Court is reversed and remanded for proceedings consistent with this opinion. Appellee taxed with costs of appeal. Votes: King, P.J., Bridges, J., Coleman, J., Irving, J., Lee, J., Payne, J., Thomas, J., Concur. Concurring in Part and Dissenting in Part Opinion: Southwick, P.J. Votes: McMillin, C.J., Concur.
EN BANC
98-KA-00131-COA
Lee, Larry v. State of Mississippi
Hinds Circuit Court 2nd District; LC Case#: V4541; Ruling Date: 01/08/1998; Ruling Judge: L. Hilburn, Jr.; Disposition: Appellant's motion for rehearing is denied. King, P.J., Coleman, Diaz, and Irving, JJ., would grant.