Mississippi Court of Appeals

Hand Down Lists
June 30, 1998

06/30/1998 - Hand Down and published opinions in WordPerfect/ZIP format

Southwick, Leslie H.
U 96-CA-01023-COA

Shows, Kimberly Pugh v. Michael L. Shows Simpson Chancery Court; LCCase #950422 Ruling:08/22/1996 J. Buffington Majority Opinion: Southwick, J. Disposition:The judgment of the Chancery Court of Simpson County is reversed and remanded for further proceedings. Appellant and Appellee taxed with costs of appeal. Votes:Bridges, C.J., McMillin, P.J., Thomas, P.J., Coleman, J., Diaz, J., Herring, J., Hinkebein, J., King, J., Payne, J., Concur.

Payne, Mary Libby
U 97-KA-00140-COA

Benn, Tony R. v. State of Mississippi Hinds Circuit Court; 1st District; LCCase #953180 Ruling:01/07/1997 Robert Gibbs Majority Opinion: Payne, J. Disposition:The judgment of the Hinds County Circuit Court is reversed and rendered. Hinds County taxed with costs of appeal. Votes:Bridges, C.J., McMillin, P.J., Thomas, P.J., Coleman, J., Diaz, J., Herring, J., Hinkebein, J., King, J., Southwick, J., Concur.

Payne, Mary Libby
UU 97-KA-00234-COA

Culp, Anthony v. State of Mississippi Lee Circuit Court; LCCase #CR94275 Ruling:02/04/1997 Thomas Gardner Majority Opinion: Payne, J. Disposition:The judgment of the Circuit Court of Lee County of conviction of the sale of cocaine and sentence oftwenty-five years in the custody of the Mississippi Department of Corrections is affirmed. LeeCounty taxed with costs of Appeal.Votes:Bridges, C.J., McMillin, P.J., Thomas, P.J., Coleman, J., Diaz, J., Herring, J., Hinkebein, J., Southwick, J., Concur.Dissenting Opinion: King, J.

Payne, Mary Libby
U 96-KA-01071-COA

Smith, Leander a/k/a Lee Andrew Smith a/k/a Tiger v. State of Mississippi Quitman circuit Court; LCCase #5438 Ruling:09/27/1996 John Hatcher Majority Opinion: Payne, J. Disposition: The judgment of the Quitman County Circuit Court of conviction of burglary of a building and sentence as a habitual offender to a term of seven years in the custody of the Mississippi Department of Corrections is affirmed. Sentence to run consecutively to any and all sentences previously imposed. Quitman County taxed with costs of appeal. Votes:Bridges, C.J., McMillin, P.J., Thomas, P.J., Coleman, J., Diaz, J., Herring, J., Hinkebein, J., King, J., Southwick, J., Concur.

Hinkebein, B. Greg
U 96-KA-01087-COA

McFadden, Chris a/k/a Christopher O`Neal McFadden v. State of Mississippi Monroe Circuit Court; LCCase #CR94007 Ruling:07/22/1996 Thomas Gardner Majority Opinion: Hinkebein, J. Disposition: The judgment of the Monroe County Circuit Court of conviction of aggravated assault and sentence of ten (10) years in the custody of the Mississippi Department of Corrections is affirmed. Monroe County taxed with costs of appeal. Votes:Bridges, C.J., McMillin, P.J., Thomas, P.J., Coleman, J., Diaz, J., Herring, J., King, J., Payne, J., Southwick, J., Concur.

Herring, James H.
U 97-KA-00147-COA

Staten, J. T. v. State of Mississippi Harrison Circuit Court 1st District; LCCase #9400753 Ruling:06/16/1995 Robert Walker Majority Opinion: Herring, J. Disposition: The judgment of the Circuit Court of Harrison County of conviction of touching of a child for lustful purposes and sentence to serve seven years without parole in the custody of the MississippiDepartment of Corrections is affirmed. Harrison County taxed with costs of appeal. Votes:Bridges, C.J., McMillin, P.J., Coleman, J., Diaz, J., Hinkebein, J., King, J., Payne, J., Southwick, J., Concur. Thomas, P.J., Not Participating.

Herring, James H.
UU 96-KA-01357-COA

Kuffner, Thomas a/k/a Thomas L. Kuffner v. State of Mississippi Jones Circuit Court 2nd District; LCCase #9499 Ruling:12/02/1996 Billy Landrum Majority Opinion: Herring, J.Disposition: The judgment of the Circuit Court of Jones County of conviction of grand larceny and sentence offive years suspended in the custody of the Mississippi Department of Corrections and five yearsprobation and order to make restitution of $2,500 is affirmed. Appellant taxed with costs of appeal.Votes:Bridges, C.J., McMillin, P.J., Thomas, P.J., Coleman, J., Diaz, J., Hinkebein, J., King, J., Payne, J.,Southwick, J., Concur.

Diaz, Oliver E., Jr.
U 96-KA-01216-COA

Thornton, Leamon v. State of Mississippi Bolivar Circuit Court 2nd District; LCCase #8425 Ruling:11/08/1996 Elzy Smith Majority Opinion: Diaz, J. Disposition: The judgment of the Bolivar County Circuit Court of conviction of aggravated assault and sentence of twenty years in the custody of the Mississippi Department of Corrections with appellant to make full restitution to the victim is affirmed. Sentence imposed shall run consecutive to any sentence previously imposed. Bolivar County taxed with costs of appeal. Votes:Bridges, C.J., McMillin, P.J., Thomas, P.J., Coleman, J., Herring, J., Hinkebein, J., King, J., Payne, J., Southwick, J., Concur.

Coleman, Thomas A.
U 96-CA-00810-COA

Smith, Bobby Arnold v. Nadine Rozier Warren Circuit Court; LCCase #960034CI Ruling:07/11/1996 Frank Vollor Majority Opinion: Coleman, J. Disposition: The judgment of the Warren County Circuit Court is reversed and the declaratory judgment of the County Court of Warren County is reinstated. Appellant taxed with costs of appeal. Votes:Bridges, C.J., McMillin, P.J., Thomas, P.J., Diaz, J., Herring, J., Hinkebein, J., King, J., Payne, J., Southwick, J., Concur.

Coleman, Thomas A.
U 96-KA-00974-COA

Brown, Willie M. a/k/a Willie Marzett Brown v. State of Mississippi Lauderdale Circuit Court; LCCase #08595 Ruling:08/14/1996 Robert Bailey Majority Opinion: Coleman, J. Disposition: The Lauderdale Count Circuit Court`s judgment of conviction of the sale of cocaine, a schedule II controlled substance, and its sentence of the appellant to serve sixty years in the custody of the Mississippi Department of Correctons without suspension, reduction, probation or parole under sections 41-29-147 and 99-19-81 of the Mississippi Code and to pay a fine of $1,000 are affirmed. Lauderdale County taxed with costs of appeal. Votes:Bridges, C.J., McMillin, P.J., Thomas, P.J., Diaz, J., Herring, J., Hinkebein, J., King, J., Payne, J., Southwick, J., Concur.

Coleman, Thomas A
U 95-KA-01364-COA

Nichols, Russell James a/k/a R. J. Nichols v. State of Mississippi Hancock Circuit Court; LCCase #7913 Ruling:07/18/1995 John Whitfield Majority Opinion: Coleman, J. Disposition: The Hancock County Circuit Court`s judgment of the appellant`s guilt of the sale or transfer of cocaine and its sentence of appellant to serve twenty-five years in the custody of the Mississippi Department of Corrections and to pay a fine of $25,000 are affirmed. Appellant taxed with costs of appeal. Votes:Bridges, C.J., McMillin, P.J., Diaz, J., Herring, J., Hinkebein, J., King, J., Payne, J., Southwick, J., Concur. Thomas, P.J., Not Participating.

Thomas, James E.
U 96-CA-00754-COA

Simpkins, Clara v. Forrest General Hospital Forrest Circuit Court; LCCase #5944246 Ruling:03/25/1996 Richard McKenzie Majority Opinion: Thomas, P.J. Disposition: The judgment of the Forrest County Circuit Court is affirmed. Appellant taxed with costs of appeal. Votes:Bridges, C.J., McMillin, P.J., Coleman, J., Diaz, J., Herring, J., Hinkebein, J., King, J., Payne, J., Southwick, J., Concur.

Thomas, James E.
U 96-KA-01236-COA

Byars, Kenneth J. a/k/a Kenneth Jessie Byars v. State of Mississippi Tallahatch Circuit Court 1st District; LCCase #9626 Ruling:10/21/1996 George Carlson Majority Opinion: Thomas, P.J. Disposition: The judgment of the Tallahatchie County Circuit Court of conviction on Count I of manufacturing more than one kilogram of marijuana and sentence of thirty years and order to pay $50,000 fine; conviction on Count II of possession of less than one kilogram but more than one ounce of marijuana and sentence of three years and order to pay $3,000 fine, with sentences to run concurrently, all in the custody of the Mississippi Department of Corrections is affirmed. Appellant taxed with costs of appeal. Votes:Bridges, C.J., McMillin, P.J., Coleman, J., Diaz, J., Herring, J., Hinkebein, J., King, J., Payne, J., Southwick, J., Concur.

Thomas, James E.
U 96-CA-01355-COA

Mississippi Transportation Commission v. Charles Herbert Lewis, IV and Laurie Wilkerson Lewis George Circuit Court; LCCase #950115 Ruling:11/05/1996 James Backstrom Majority Opinion: Thomas, P.J. Disposition: The judgment of the George County Special Court of Eminent Domain is affirmed. Statutory damages and interest are awarded. Appellant taxed with costs of appeal. Votes:Bridges, C.J., McMillin, P.J., Coleman, J., Diaz, J., Herring, J., Hinkebein, J., King, J., Payne, J., Southwick, J., Concur.

Thomas, James E.
U 96-KA-00748-COA

Winston, Derrick and Andrew Winston v. State of Mississippi Bolivar Circuit Court 2nd District; LCCase #8298 Ruling:06/07/1996 Kenneth Thomas Majority Opinion: Thomas, P.J. Disposition: The judgment of the Bolivar County Circuit Court of conviction of Andrew Winston on Count I for murder and sentence of life imprisonment; Counts II, III and IV for aggravated assault and sentences of eight years each, with sentences to run concurrently with sentence in Count I and consecutively to any previously imposed sentence, all in the custody of the Mississippi Department of Corrections, is affirmed. The judgment of the Bolivar County Circuit Court of conviction of Derrick Winston on Count I for murder and sentence of life imprisonment; Counts II, III and IV for aggravated assault and sentences of three years each, with sentences to run concurrently with sentence in Count I and consecutively to any previously imposed sentence, all in the custody of the Mississippi Department of Corrections is affirmed. Bolivar County taxed with costs of appeal. Votes:Bridges, C.J., McMillin, P.J., Coleman, J., Diaz, J., Herring, J., Hinkebein, J., King, J., Payne, J., Southwick, J., Concur.

McMillin, Roger H., Jr.
U 96-CA-00834-COA

Thompson, Karl Edward v. Bonnie Jewell King Thompson Marshall Chancery Court; LCCase #94002 Ruling:02/07/1996 Anthony Farese Majority Opinion: McMillin, P.J. Disposition: The judgment of the Chancery Court of Marshall County is affirmed. Appellant taxed with costs of appeal. Votes:Bridges, C.J., Thomas, P.J., Coleman, J., Diaz, J., Herring, J., Hinkebein, J., King, J., Payne, J., Southwick, J., Concur.

McMillin, Roger H., Jr.
U 96-KA-01095-COA

Blunt, Edward Lamont a/k/a Edward Lamon Blunt v. State of Mississippi Lowndes Circuit Court; LCCase #96214CR Ruling:08/28/1996 Lee Howard Majority Opinion: McMillin, P.J. Disposition: The judgment of the Circuit Court of Lowndes County of conviction of murder and sentence of life in the custody of the Mississippi Department of Corrections is affirmed. Lowndes County taxed with costs of appeal. Votes:Bridges, C.J., Thomas, P.J., Coleman, J., Diaz, J., Herring, J., Hinkebein, J., King, J., Payne, J., Southwick, J., Concur.

McMillin, Roger H., Jr.
U 95-KA-01325-COA

Williams, Larry a/k/a Larry G. Williams, Sr. a/k/a Larry James Williams, Sr. a/k/a Larry Williams, Jr. v. State of Mississippi Bolivar Circuit Court 2nd District; LCCase #8018 Ruling:11/28/1995 Kenneth Thomas Majority Opinion: McMillin, P.J. Disposition: The judgment of the Circuit Court of Bolivar County of conviction of armed robbery and sentence of twenty years in the custody of the Mississippi Department of Corrections to run consecutive to any and all sentences previously imposed is affirmed. Bolivar County taxed with costs of appeal. Votes:Bridges, C.J., Thomas, P.J., Coleman, J., Diaz, J., Herring, J., Hinkebein, J., King, J., Payne, J., Southwick, J., Concur.

Bridges, Billy G.
U 96-CA-01034-COA

Trammell, Frances v. State of Mississippi and The Mississippi Commission on Natural Resources, Bureau of Recreation and Parks Hinds Circuit Court 1st District; LCCase #9064183CV Ruling:06/17/1996 Robert Gibbs Majority Opinion: Bridges, C.J. Disposition: The judgment of the Hinds County Circuit Court is affirmed. Appellant taxed with costs of appeal. Votes:McMillin, P.J., Thomas, P.J., Coleman, J., Diaz, J., Herring, J., Hinkebein, J., King, J., Payne, J., Southwick, J., Concur.

EN BANC
95-KA-00394-COA

Washington, Clayton v. State of Mississippi Pike Circuit Court; LCCase #14473 Ruling:03/31/1995 Disposition: Appellant`s motion for enlargment of time to retain counsel to file motion for rehearing granted. Appellant shall file his motion for rehearing within thirty days from the date of the entry of this order. The mandate previously issued shall be recalled. Order entered.

EN BANC
95-KA-00537-COA

Stamper, Martin L. a/k/a 'Marty' v. State of Mississippi Lauderdale Circuit Court; LCCase #57494 Ruling:05/18/1995 Disposition: Motion for rehearing denied. Order entered.

EN BANC
95-CA-00651-COA

Moore, Allen v. Athletic Helmet, Inc. Leake Circuit Court; LCCase #3159 Ruling:05/05/1995 Disposition: Moore`s motion for rehearing denied. Order entered.

EN BANC
95-KA-00972-COA

Moore, Ronald Lynn v. State of Mississippi Jackson Circuit Court; LCCase #9110625 Ruling:08/15/1995 Disposition: Moore`s motion for rehearing denied. Order entered. Thomas, P.J., not participating.

EN BANC
95-CA-01212-COA

Liddle, Phil, Piggly Wiggly Supermarket of Coffeeville, Inc., and Piggly Wiggly Mid-South, Inc. v. John Swann Yalobusha Circuit Court 1st District; LCCase #CV940001 Ruling:10/20/1995 Disposition: Motion for rehearing denied. Order entered.

EN BANC
95-KA-01284-COA

White, Elwood v. State of Mississippi Copiah Circuit Court; LCCase #14729 Ruling:11/06/1995 Disposition: Motion for withdrawal of prior counsel and substitution of counsel granted. Sharon Denotra Henderson shall be substituted as counsel for appellant. Order entered.

EN BANC
95-KA-01333-COA

Hearron, Kristopher a/k/a Khristopher Hearron v. State of Mississippi Warren Circuit Court; LCCase #11752 Ruling:08/25/1995 Disposition: Motion to receive written notification of the court opinion from direct appeal, motion for production of documents and transcripts and motion to discharge attorney from cause granted. Order entered.

EN BANC
96-CA-00019-COA

Citizens for Equal Property Rights, an Unincorporated Association v. Board of Supervisors of Lowndes County, Mississippi Lowndes Circuit Court; LCCase #94086CV Ruling:12/07/1995 Disposition: Motion for additional time to respond to appellant`s motion for rehearing granted. Appellee shall file its response to motion for rehearing on or before June 2, 1998. Order entered.

EN BANC
96-KA-00281-COA

Wise, Maurice a/k/a Maurice A. Wise v. State of Mississippi Washington Circuit Court; LCCase #24404 Ruling:02/14/1996 Disposition: Letter request for additional time to file motion for rehearing granted. Appellant shall file his motion for rehearing within thirty days from the date of the entry of this order. Order entered.

EN BANC
96-CA-00343-COA

Estate of Stevens, Edward H., III v. James K. Wetzel and MGA Insurance Company, Inc. Pearl River Chancery Court; LCCase #940798 Ruling:03/18/1996 Disposition: On Court`s own motion, parties are requested to file supplemental briefs on particular points of law. All briefs shall be filed simultaneously on or before July 17, 1998. Order entered.

EN BANC
96-KA-00373-COA

Armstrong, Billy R. a/k/a Billy Ray Armstrong v. State of Mississippi Lauderdale Circuit Court; LCCase #69095 Ruling:03/28/1996 Disposition: Motion for appeal bond and motion to amend supplemental brief denied. Order entered.

EN BANC
96-KA-00465-COA

Smith, Larry Rochelle v. State of Mississippi Franklin Circuit Court; LCCase #936 Ruling:04/11/1996 Disposition: Motion to file out-of-time motion for rehearing granted. Appellant shall file his motion for rehearing within thirty days from the date of the entry of this order. The mandate previously issued shall be recalled. Order entered.

EN BANC
96-CA-00488-COA

Mann, Gene A. and Aaron Wendill Mann v. Darlene Lawrence, Rodney Dave Lawrence and Carolyn M. Lawrence Rankin Chancery Court; LCCase #38097 Ruling:04/15/1996 Disposition: Appellants` motion for rehearing denied. Order entered. Bridges, C.J., not participating.

EN BANC
96-KA-00540-COA

Ludgood, Robert a/k/a Robert A. Ludgood v. State of Mississippi Greene Circuit Court; LCCase #95054126 Ruling:03/21/1996 Disposition: Motion for rehearing denied. Order entered.

EN BANC
96-CA-00607-COA

McWilliams, Grady, Jr. v. Mary Clara Crockett Lauderdale Chancery Court; LCCase #901202 Ruling:05/15/1996 Disposition: Motion for rehearing denied. Order entered.

EN BANC
UU 96-CA-00634-COA

Alexander, Nancilee Peaks v. Daniel Wayne Alexander Harrison Chancery Court 2nd District LCCase #23487 Ruling:05/21/1996 Jason Floyd Majority Opinion: Southwick, J. Disposition: On motion for rehearing the motion is granted; the original opinion is withdrawn and this opinion substituted therefor. The judgment of the Chancery Court of Harrison County is affirmed. Appellant taxed with costs of appeal. Votes:Bridges, C.J., McMillin, P.J., Coleman, J., Herring, J., Hinkebein, J., King, J., Concur. Thomas, P.J., Not Participating. Dissenting Opinion: Payne, J. Votes:Diaz, J., Joins.

EN BANC
96-KA-00713-COA

Lewis, Robert a/k/a Robert Edward Lewis a/k/a Robert Edward Lewis, Jr. a/k/a M. Devon Lewis a/k/a James Curry a/k/a Edward E Lewis v. State of Mississippi Bolivar Circuit Court 2nd District; LCCase #7988 Ruling:06/24/1996 Disposition: Motion for rehearing denied. Order entered.

EN BANC
96-CC-00824-COA

Brown, Flora v. Columbus Municipal School District Lowndes Chancery Court; LCCase #960124 Ruling:07/29/1996 Disposition: Motion for rehearing denied. Order entered.

EN BANC
96-KA-00835-COA

Neal, Donald a/k/a 'Twin' v. State of Mississippi Humphreys Circuit Court; LCCase #4911 Ruling:06/26/1996 Disposition: Motion to file out-of-time motion for rehearing granted. Appellant shall file his motion for rehearing within thirty days from the date of entry of this order. The mandate previously issued shall be recalled. Order entered.

EN BANC
96-CA-01202-COA

State of Mississippi Department of Human Services v. Cleo Ford Harrison Youth Court; LCCase #73666 Ruling:09/24/1996 Disposition: Notice of Suggestion of Deceased Party passed for consideration along with the merits of the appeal. Order entered.

EN BANC
96-CA-01266-COA

Carr, Agnes v. Town of Shubuta Clarke Circuit Court; LCCase #940099 Ruling:08/28/1996 Disposition: Motion for rehearing denied. Order entered. Bridges, C.J., not participating.

EN BANC
U 97-KA-00005-COA

Boone, L. G. v. State of Mississippi Madison Circuit Court; LCCase #2765 Ruling:10/04/1996 Robert Goza Majority Opinion: Disposition: The judgment of the Circuit Court of Madison County of conviction of the sale of cocaine, a schedule II controlled substance, and sentence to serve 30 years in the custody of the Mississippi Department of Corrections; sentence shall be served consecutively to the 6 year sentence in Case No. 1769, and forfeiture of driver license for six months is affirmed. Madison County taxed with costs of appeal. Votes:Bridges, C.J., McMillin, P.J., Thomas, P.J., Coleman, J., Diaz, J., Herring, J., Hinkebein, J., King, J., Payne, J., Southwick, J., Concur.

EN BANC
97-CC-00056-COA

Jackson, Kim Y. v. Bryan Foods and Mississippi Employment Security Commission Lee Circuit Court; LCCase #CV96211 Ruling:01/02/1997 Disposition: Jackson`s motion for rehearing denied. Order entered.

EN BANC
97-CC-01349-COA

Atlas Roll-Lite Door Corporation and Michigan Mutual Insurance Company v. Arthur Ray Ener DeSoto Circuit Court; LCCase #CV970091 Ruling:10/22/1997 Disposition: Appellant`s motion for extension of time to file reply brief granted. Appellants shall file their reply brief on or before June 9, 1998. Order entered.

EN BANC
98-CC-00512-COA

Adams, Katherine A. v. Lemuria, Inc. Hinds Circuit Court 1st District; LCCase #97116CIV Ruling:12/02/1997 Disposition: Motion to enlarge time to file brief of appellant granted. Appellant shall file brief on or before July 11, 1998. No further extension of time shall be granted. Order entered.