Mississippi Court of Appeals

Hand Down Lists
July 01, 1997

07/01/1997 - Hand Down and published opinions in WordPerfect/ZIP format

PER CURIAM
95-CA-01020-COA

Barton, Beatrice v. Robert Eugene Barton Appeal No. 43003 from judgment dated August 30, 1995, Chancery Court of Lee County; Appellee's motion for summer visitation dismissed as moot. Order entered.


James E. Thomas, P.J.
U 95-KA-01038-COA

Jones, Frederick a/k/a Fred Arthur Jones v. State of Mississippi Appeal No. CR9440 from Judgment dated SEPTEMBER 29, 1995, Panola County Circuit Court, First Judicial District; The judgment of the Circuit Court of Panola County of conviction of the sale of cocaine and sentence of twenty years in the custody of the Mississippi Department of Corrections and fine of $1,000 and restitution of $125.00 to the Mississippi Crime Lab; $165.00 to Panola-Tate Narcotics Task Force; and $100.00 to Mississippi Crime Victims Compensation Fund is affirmed. All costs of this appeal are assessed to the appellant.


James E. Thomas, P.J.
U 96-KA-00009-COA

Smith, Carla v. State of Mississippi Appeal No. 943105 from Judgment dated OCTOBER 25, 1995, Hinds County Circuit Court, First Judicial District; The judgment of the Hinds County Circuit Court is reversed and remanded for proceedings not inconsistent with this opinion. All costs of this appeal are taxed to Hinds County.


James E. Thomas, P.J.
U 96-KA-00656-COA

Patrick, Jr., Willie a/k/a Boss Hog v. State of Mississippi Appeal No. 4711 from Judgment dated JUNE 17, 1996, Scott County Circuit Court; The judgment of the Circuit Court of Scott County of conviction of manslaughter and sentence of eighteen years in the custody of the Mississippi Department of Corrections and fine of $10,000 is affirmed. Costs of the appeal are taxed to Scott County.


Leslie H. Southwick, J.
U 95-CC-00554-COA

State Tax Commission of Mississippi v. Anthony Viola Appeal No. 92100RT from Judgment dated OCTOBER 21, 1993, Tishomingo County Circuit Court; The judgments of the Circuit Court of Tishomingo County of May 10, 1995 and of October 21, 1993 are reversed, and the order and judgment of the Mississippi Employee Appeals Board of October 21, 1992, is reinstated in its entirety. All costs are taxed to the appellee.


Mary Libby Payne, J.
U 94-KA-01094-COA

Brownlee, James a/k/a James A. Brownlee v. State of Mississippi Appeal No. 6950 from Judgment dated OCTOBER 05, 1994, Clay County Circuit Court; The judgment of the Circuit Court of Clay County of conviction of the sale of cocaine and sentence of fifteen (15) years in the custody of the Mississippi Department of Corrections and to pay a fine of $10,000.00 is affirmed. All costs of this appeal are taxed to Clay County. Herring and Hinkebein, JJ., not participating.


Mary Libby Payne, J.
UU 95-KA-00194-COA

Banks, Corey v. State of Mississippi Appeal No. 11494 from Judgment dated FEBRUARY 03, 1995, Lincoln County Circuit Court; The judgment of the Circuit Court of Lincoln County of conviction of conspiracy to sell cocaine and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections and fine of $30,000 is affirmed. All costs of this appeal are taxed to Lincoln County. McMillin, P.J., dissents with separate written opinion joined by Coleman, Diaz, King, and Southwick, JJ.


Mary Libby Payne, J.
U 95-KA-00738-COA

Ransom, Michael a/k/a Michael Ramson v. State of Mississippi Appeal No. 94382 from Judgment dated MAY 15, 1995, Hinds County Circuit Court, First Judicial District; The judgment of the Circuit Court of Hinds County of conviction of murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are taxed to Hinds County. Motion for oral argument before the Court denied. Order entered.


Roger McMillin, Jr., P.J.
U 94-CA-00552-COA

Fleming, Irene v. City of Yazoo City Public Service Commission Appeal No. 10997 from Judgment dated APRIL 27, 1994, Yazoo County Circuit Court; The judgment of the Circuit Court of Yazoo County is affirmed. Costs are assessed to the appellant. Herring and Hinkebein, JJ., not participating.


Roger McMillin, Jr., P.J.
94-KA-01173-COA

Smith, Larry Eugene v. State of Mississippi Appeal No. 2402940009 from Judgment dated NOVEMBER 03, 1994, Harrison County Circuit Court, Second Judicial District; The judgment of the Harrison County Circuit Court of conviction of aggravated assault and sentence of ten (10) years in the custody of the Mississippi Department of Corrections, with five (5) years suspended, and order to make restitution in the amount of $8,422.30, is affirmed. Costs of this appeal are assessed to appellant. Thomas, P.J., not participating.


Roger McMillin, Jr., P.J.
UU 95-KA-00367-COA

Veasley, Herman a/k/a Herman Veasley, Jr., a/k/a "June" v. State of Mississippi Appeal No. 8517 from Judgment dated JANUARY 20, 1995, Coahoma County Circuit Court; The judgment of the Coahoma County Circuit Court is reversed and remanded for proceedings consistent with this opinion. Costs of this appeal are assessed to Coahoma County. Payne, J., concurs in part and dissents in part with separate written opinion.


Roger McMillin, Jr., P.J.
U 95-KA-00753-COA

Little, Fred a/k/a Fred M. Little a/k/a Freddie James Gonyaw v. State of Mississippi Appeal No. CR9577 from Judgment dated JULY 20, 1995, DeSoto County Circuit Court; The judgment of the DeSoto County Circuit Court of conviction of larceny under lease and sentence of three years in the custody of the Mississippi Department of Corrections with two years suspended and one year to serve without probation or parole and order to make restitution in the amount of $400 to the victim, is affirmed. All costs of this appeal are taxed to DeSoto County.


B. Greg Hinkebein, J.
U 94-KA-00383-COA

Rodgers, Everett a/k/a Everett F. Rodgers v. State of Mississippi Appeal No. 7528 from Judgment dated APRIL 14, 1994, Yazoo County Circuit Court; The judgment of the Yazoo County Circuit Court is reversed and remanded for proceedings consistent with this opinion. Costs are assessed to Yazoo County.


B. Greg Hinkebein, J.
UU 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; The judgment of the Lee County Circuit Court of conviction of manslaughter and aggravated assault and sentence of twenty years on both counts in the custody of the Mississippi Department of Corrections, said sentences to run consecutively, is affirmed. Costs are assessed to Lee County. Thomas, P.J., Coleman, Herring, and King, JJ., concur. Bridges, C.J., McMillin, P.J., Diaz, Payne, and Southwick, JJ., concur as to Issues II, III and IV. McMillin, P.J., concurs in result only as to Issue I with separate written opinion joined by Bridges, C.J., Diaz, Payne, and Southwick, JJ.


B. Greg Hinkebein, J.
U 95-CC-01126-COA

Drungo, Albert v. B E & K Construction Company and St. Paul Fire and Marine Insurance Company Appeal No. 94059 from Judgment dated OCTOBER 16, 1995, Lowndes County Circuit Court; The judgment of the Circuit Court of Lowndes County is affirmed. Costs of this appeal are assessed to the appellant.


B. Greg Hinkebein, J.
U 95-CA-01167-COA

Tower Loan of Mississippi, Inc. d/b/a Tower Loan of Port Gibson and Jack R. Lee, as Trustee v. Archie Lacy, as Executor of the Estate of Pearlie Mae Bailey, Deceased Appeal No. 8978 from Judgment dated OCTOBER 02, 1995, Jefferson County Chancery Court; The judgment of the Jefferson County Chancery Court declaring the deed of trust granted by Samuel Bailey to be void is affirmed. Costs are assessed against appellants.


Thomas A. Coleman, J.
U 94-CA-00335-COA

Smith, Sherra Nell Lee v. Star Services, Inc. of Delaware, a Delaware Corporation Appeal No. 23657 from Judgment dated MARCH 03, 1994, Pearl River County Chancery Court; The judgment of foreclosure of the Pearl River County Chancery Court is reversed and judgment of dismissal with prejudice for appellant, Sherra Nell Lee Smith, is here rendered. Costs of this appeal are assessed to the appellee, Star Services, Inc. of Delaware.


EN BANC
94-KA-00478-COA

Scott, Versie T. a/k/a Versie Terron Scott v. State of Mississippi Appeal No. 91100 from Judgment dated JULY 24, 1992, Panola County Circuit Court, Second Judicial District; consolidated with 95-KA-00653-COA Versie T. Scott v. State of Mississippi; Appeal No. CR91100CP2 from Judgment dated JUNE 23, 1992, Panola County Circuit Court, Second Judicial District; DISPOSITION - Motion for rehearing denied. Order entered. Hinkebein, J., not participating.


EN BANC
95-KA-00653-COA

Scott, Versie T. a/k/a Versie Terron Scott v. State of Mississippi Appeal No. CR91100CP2 from Judgment dated JUNE 23, 1992, Panola County Circuit Court, Second Judicial District; DISPOSITION - Motion for rehearing denied. Order entered. Hinkebein, J., not participating. consolidated with 94-KA-00478-COA Versie T. Scott a/k/a Versie Terron Scott v. State of Mississippi; Appeal No. 91100 from Judgment dated JULY 24, 1992, Panola County Circuit Court, Second Judicial District


EN BANC
94-CA-01098-COA

Brown, Michael and Tommy Anderson, Individually and doing business as The Terrace Lounge a/k/a The New Terrance Lounge a/k/a The New A&B Lounge v. City of Gulfport, Mississippi Appeal No. 104315 from Judgment dated APRIL 20, 1994, Harrison County Chancery Court, First Judicial District; DISPOSITION - Motion for rehearing denied. Order entered. Thomas, P.J., Herring and Hinkebein, JJ., not participating.


EN BANC
95-CA-00168-COA

Woods, Jerry Byron, By and Through His Adopted Father and Next Friend, Jerry Kenneth Woods v. Illinois Central Railroad Co. Appeal No. 4802 from Judgment dated AUGUST 30, 1994, Greene County Circuit Court; DISPOSITION - Motion for Rehearing denied. Order entered. Hinkebein, J., not participating.


Roger McMillin, Jr., P.J.
UU 95-KA-00233-COA

Cohen, Keith Dewayne A/K/A Kelo v. State of Mississippi Appeal No. 8588 from Judgment dated FEBRUARY 08, 1995, Coahoma County Circuit Court; The judgment of the Coahoma County Circuit Court is reversed and remanded for proceedings consistent with this opinion. Costs of this appeal are assessed to Coahoma County. McMillin, P.J., Coleman, King, Payne, and Southwick, JJ., concur. Bridges, C.J., dissents with separate written opinion joined by Thomas, P.J., and Diaz, J. Herring and Hinkebein, JJ., not participating.


PER CURIAM
94-CA-01099-COA

Wooten, Ella Louise Stewart v. Department of Human Services, State of Mississippi Appeal No. 142602 from Judgment dated OCTOBER 03, 1994, Hinds County Chancery Court, First Judicial District; DISPOSITION - Motion to modify styled-cause to expedite the execution of order to the lower court before statute of limitations runs out denied. 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 - Motion for time to respond to appellant's counter motion to strike and for sanctions granted. Appellee shall file its response on or before June 19, 1997. Order entered.


PER CURIAM
95-KA-00756-COA

Greer, Lugene v. State of Mississippi Appeal No. 7593 from Judgment dated APRIL 13, 1995, Yazoo County Circuit Court; DISPOSITION - Motion for entry of appearance as counsel of record and motion for enlargement of time within which to file a motion for rehearing granted. Appellant's motion for rehearing due on or before July 8, 1997. Order entered.


PER CURIAM
95-KP-01057-COA

Higgins, Patrick v. State of Mississippi Appeal No. M950115 from Judgment dated SEPTEMBER 25, 1995, Sunflower County Circuit Court; DISPOSITION - Motion to expedite consideration of appeal denied. Order entered.