Mississippi Court of Appeals

Hand Down Lists
July 15, 1997

07/15/1997 - Hand Down and published opinions in WordPerfect/ZIP format

James E. Thomas, P.J.
U 96-KA-00030-COA

Tavares, Suzanne Ilene v. State of Mississippi Appeal No. 9942 from Judgment dated SEPTEMBER 22, 1995, Attala County Circuit Court; The judgment of the Attala County Circuit Court on change of venue to the Grenada County Circuit Court of murder and sentence of life imprisonment without parole in the custody of the Mississippi Department of Corrections is affirmed. Costs of this appeal are assessed to Attala County.

Leslie H. Southwick, J.
U 94-KA-00812-COA

Baldwin, Sr., Johnny v. State of Mississippi Appeal No. 11535 from Judgment dated MAY 06, 1994, Warren County Circuit Court; The judgment of the Circuit Court of Warren County of conviction of possession of cocaine, a three year sentence in the custody of the Mississippi Department of Corrections, and a fine of $5,000 prior to release from custody is affirmed. All costs of this appeal are assessed to Warren County.

Leslie H. Southwick, J.
U 95-KA-00119-COA

Rivers, Sharon a/k/a Sharon Rivers Stennis v. State of Mississippi Appeal No. 9210249 from Judgment dated SEPTEMBER 15, 1994, Jackson County Circuit Court; The judgment of the Circuit Court of Jackson County of conviction of conspiracy to possess and distribute a controlled substance and a ten year suspended sentence with six months to serve in the custody of the Mississippi Department of Corrections and a suspended $500 fine, is affirmed. All costs of this appeal are assessed to the appellant.

Leslie H. Southwick, J.
UU 95-CA-01190-COA

Norowski, Peter Andrew v. Sandra Norowski Appeal No. 61554 from Judgment dated OCTOBER 05, 1995, Jackson County Chancery Court; The judgment of the Jackson County Chancery Court of support to Mrs. Norowski in the amount of $1,000 per month is reversed and rendered denying support. The judgment awarding child custody to Mrs. Norowski is reversed and remanded for specific findings. The remainder of the judgment addressing child support, medical expenses, insurance, and terms of visitation, is affirmed. Costs are equally assessed to appellant and appellee. Payne, J., specially concurring with separate written opinion joined by Thomas, P.J.

Mary Libby Payne, J.
UU 95-KA-00527-COA

Clay, Brenda Faye v. State of Mississippi Appeal No. 942104 from Judgment dated MARCH 23, 1995, Hinds County Circuit Court, First Judicial District; The judgment of the Circuit Court of Hinds County of conviction on Count I of possession of cocaine with intent to distribute and sentence of twenty years with ten years suspended, ten years to serve, and five years probation; Count II of conspiracy to distribute cocaine and sentence of ten years with five years suspended and five years to serve to run consecutively to sentence in Count I, all in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to the appellant. King, J., dissents with separate written opinion.

Roger McMillin, Jr., P.J.
UU 95-CA-00792-COA

Enterprise Products Company v. Board of Supervisors of Forrest County, Mississippi, and the Petal School District Appeal No. 12934154 from Judgment dated JULY 15, 1995, Forrest County Circuit Court; The judgment notwithstanding the verdict of the Circuit Court of Forrest County is reversed and the original judgment in favor of the appellant, Enterprise Products Company, is reinstated. Costs are assessed to the appellees. King, J., dissents with separate written opinion joined by Bridges, C.J.

Roger McMillin, Jr., P.J.
U 95-CA-01044-COA

Roland, Carl L. v. Connie Denise Roland Appeal No. 940362 from Judgment dated AUGUST 17, 1995, Pontotoc County Chancery Court; The judgment of the Pontotoc County Chancery Court is affirmed. Costs of this appeal are assessed to the appellant, Carl L. Roland.

Roger McMillin, Jr., P.J.
U 95-CA-01208-COA

Killebrew, Jr., Floyd Thomas v. Debra Killebrew Appeal No. 941503 from Judgment dated OCTOBER 13, 1995, Lauderdale County Chancery Court; The judgment of the Lauderdale County Chancery Court is affirmed except that this court sua sponte amends the judgment of divorce to order appellant to pay child support in the amount of $97.40 per month until the further order of the Lauderdale County Chancery Court or until the emancipation of both of the minor children of the parties under the laws of the State of Mississippi. Costs of this appeal are assessed to the appellant, Floyd Thomas Killebrew, Jr.

Roger McMillin, Jr., P.J.
U 95-CA-01211-COA

Mississippi Transportation Commission v. Norwood Village Inc., a Mississippi Corporation, owner, and Lois Benefield d/b/a Village Florist, Lessee, and Maurice Jones, d/b/a Maurice Jones, Inc., lessee Appeal No. 9401028 from Judgment dated SEPTEMBER 08, 1995, Harrison County Special Court of Eminent Domain, First Judicial District; The order of the Harrison County Special Court of Eminent Domain awarding an additur to Norwood Village, Inc. and Lois Benefield d/b/a Village Florist is set aside, and the judgment of the Harrison County Special Court of Eminent Domain entered pursuant to the verdict of the jury is reinstated. Costs are assessed against the appellees, Norwood Village, Inc. and Village Florist. Thomas, P.J., not participating.

Roger McMillin, Jr., P.J.
U 95-CA-01338-COA

H. H., IN THE INTEREST OF, a Minor: V. E. H. v. State of Mississippi Appeal No. YC94396 from Judgment dated NOVEMBER 28, 1995, Lauderdale County Court Youth Court Division; The judgment of the Lauderdale County Youth Court is reversed. This cause is remanded for further proceedings not inconsistent with this opinion. The costs of this appeal are taxed to Lauderdale County. Thomas, P.J., not participating.

Roger McMillin, Jr., P.J.
U 96-CA-00197-COA

Brown, Warrene (Payne) v. Paul Christman Brown, Jr. Appeal No. 947727 from Judgment dated NOVEMBER 13, 1995, DeSoto County Chancery Court; The judgment of the Chancery Court of DeSoto County is affirmed as to the award of custody of the minor daughter, Mary Ellen Brown, to the appellee. The judgment is reversed and remanded for a redetermination of the appellant's periodic child support obligation and for reconsideration of the equitable distribution of marital assets. Costs of the appeal are divided equally between the appellant and the appellee.

B. Greg Hinkebein, J.
U 95-CA-01289-COA

LUSK, IN THE MATTER OF THE ESTATE OF BESSIE L. LUSK, DECEASED: Ilanette Byrd, Executrix v. Robert L. Eiland, Nancy Utz, Juaweice Devine, Yvonne Woodruff, Gary Gibson, Steve LaMastus and Ed LaMastus Appeal No. 26633 from Judgment dated OCTOBER 06, 1995, Bolivar County Chancery Court, Second Judicial District; The decision of the Bolivar County Chancery Court, Second Judicial District, awarding executrix' fees in the amount of $3,500, plus expenses, is affirmed. Costs are assessed to the appellant.

Thomas A. Coleman, J.
U 94-KA-01154-COA

Mitchell, Jimmy v. State of Mississippi Appeal No. LK93218 from Judgment dated AUGUST 05, 1994, Lafayette County Circuit Court; The Lafayette County Circuit Court's judgment of appellant's guilt of the crime of rape and its sentence of appellant to serve thirty five years in the custody of the Mississippi Department of Corrections are affirmed. Costs of this appeal are assessed to Lafayette County.

Thomas A. Coleman, J.
U 94-KA-01196-COA

Magee, Leroy a/k/a Leroy Magee, Jr. v. State of Mississippi Appeal No. 28302 from Judgment dated MAY 11, 1994, Harrison County Circuit Court, First Judicial District; The Harrison County Circuit Court's final judgment of the appellant's guilt of the transfer and sale of a controlled substance, cocaine, and its sentence of the appellant to serve thirty years in the custody of the Mississippi Department of Corrections without hope of parole or probation are affirmed. Costs of this appeal are assessed to Harrison County. Thomas, P.J., not participating.

Billy G. Bridges, C.J.
U 95-CA-00827-COA

Shaw, Ardean v. John H. Boyd Appeal No. 5450 from Judgment dated JULY 19, 1995, Pike County Circuit Court; The judgment of the Circuit Court of Pike County is hereby affirmed. All costs of this appeal are taxed to the appellant.

Billy G. Bridges, C.J.
UU 95-CA-00957-COA

Burchell, Lark Charles v. Elizabeth B. Burchell Appeal No. 52254 from Judgment dated AUGUST 23, 1995, Forrest County Chancery Court; The judgment of the Forrest County Chancery Court is affirmed as to the award of lump sum and periodic alimony and the amount of attorney's fees. The order of the chancellor making the periodic alimony a lien on Charles's estate is reversed and rendered. Costs of this appeal are assessed to appellee. Payne, J., concurs in part and dissents in part with separate written opinion.

Billy G. Bridges, C.J.
U 96-CA-00111-COA

First Tower Loan, Inc. v. B. W. Curry, III and J. R. Curry Appeal No. 940049 from Judgment dated MARCH 27, 1996, Forrest County Chancery Court; The judgment of the Chancery Court of Forrest County is hereby affirmed. All costs of this appeal are taxed to the appellant. Herring, J., not participating.

Billy G. Bridges, C.J.
U 96-CA-00602-COA

James, Helen v. Earl James Appeal No. 950674 from Judgment dated MAY 31, 1996, Jones County Chancery Court, Second Judicial District; The judgment of the Jones County Chancery Court is affirmed in part and reversed in part and remanded for reconsideration not inconsistent with this opinion of the $12,000.00 inheritance. Costs of this appeal are taxed to appellee. Appellant's Motion for attorneys fees granted. Order entered.

EN BANC
94-KA-00137-COA

Bogan, Larry v. State of Mississippi Appeal No. OK93021 from Judgment dated FEBRUARY 03, 1994, Chickasaw County Circuit Court, Second Judicial District; DISPOSITION - Motion for rehearing denied. Order entered.

EN BANC
94-KA-00439-COA

Blakeney, Johnny a/k/a Johnny E. Blakey a/k/a Johnny Evaughn Blakeney, Jr. v. State of Mississippi Appeal No. 4237 from Judgment dated MARCH 31, 1994, Rankin County Circuit Court; DISPOSITION - Motion for rehearing denied. Order entered.

EN BANC
94-KA-00518-COA

Thaggard, Melvin Marshall v. State of Mississippi Appeal No. 7453 from Judgment dated MARCH 17, 1994, Clarke County Circuit Court; DISPOSITION - Motion for rehearing denied. Order entered. Hinkebein, J., not participating. DISPOSITION - Motion for bond pending motion for rehearing dismissed as moot. Order entered.

EN BANC
94-KA-00537-COA

Owens, McKinley v. State of Mississippi Appeal No. 932311 from Judgment dated APRIL 15, 1994, Hinds County Circuit Court, First Judicial District; DISPOSITION - Motion for rehearing denied. Order entered. Motion for correction of opinion denied. Order entered. Hinkebein, J., not participating.

EN BANC
94-KA-00635-COA

Nelson, Alfred and Owen Nelson v. State of Mississippi Appeal No. 56592 from Judgment dated APRIL 29, 1994, Marion County Circuit Court; DISPOSITION - Motion for rehearing denied. Order entered. Hinkebein, J., not participating.

EN BANC
94-KA-00814-COA

Murray, Crystal a/k/a Crystal Heard Murray v. State of Mississippi Appeal No. 03094 from Judgment dated JULY 27, 1994, Lauderdale County Circuit Cour DISPOSITION - Motion for rehearing denied. Order entered. Hinkebein, J., not participating.

EN BANC
94-KA-00932-COA

Chandler, Exso v. State of Mississippi Appeal No. 4485 from Judgment dated JUNE 21, 1994, Scott County Circuit Court; DISPOSITION - Motion for rehearing denied. Order entered. Hinkebein, J., not participating.

EN BANC
94-KA-01079-COA

Rives, Albert a/k/a Albert W. Rives a/k/a Albert W. Rives, Jr., a/k/a Albert Reeves v. State of Mississippi Appeal No. 931434 from Judgment dated JULY 05, 1994, Hinds County Circuit Court, First Judicial District; DISPOSITION - Motion for rehearing denied. Order entered. Hinkebein, J., not participating.

EN BANC
U 94-CA-01176-COA

Arbor Station IV, L. L. C., an Alabama Limited Liability Company v. Michael O. Brewer and Concerned Citizens of Long Beach, Mississippi Appeal No. 1240194126 from Judgment dated NOVEMBER 04, 1994, Harrison County Circuit Court, First Judicial District; The judgment of the Circuit Court of Harrison County is reversed and rendered. Costs are assessed to the appellees. McMillin, P.J., Bridges, C.J., Coleman, Herring, Hinkebein, King, Payne, and Southwick, JJ., concur. Thomas, P.J., and Diaz, J., not participating.

EN BANC
95-CA-00372-COA

Hopkins, William L. v. Annwood J. Hopkins Appeal No. 27532 from Judgment dated MARCH 27, 1995, Pearl River County Chancery Court; DISPOSITION - Motion for rehearing denied. Order entered. Thomas, P.J., and Hinkebein, J., not participating.

EN BANC
95-KA-00622-COA

Thomas III, C. W. v. State of Mississippi Appeal No. CR9453 from Judgment dated JUNE 05, 1995, Panola County Circuit Court, First Judicial District; DISPOSITION - Motion for rehearing denied. Order entered.

EN BANC
U 95-CA-00728-COA

Rather, Gordon v. Department of Human Services of the State of Mississippi Appeal No. 34667 from Judgment dated JULY 13, 1995, Warren County Chancery Court; Motion for Rehearing denied. Order entered. Original opinion withdrawn and this opinion substituted therefor. The judgment of the Warren County Chancery Court denying a modification of child support and finding the appellant in wilful contempt is affirmed. Applicable statutory damages and interest shall be awarded. Costs of this appeal are taxed to the appellant. Diaz, J., Bridges, C.J., McMillin and Thomas, P.JJ., Coleman, Herring, King, Payne, and Southwick, JJ., concur. Hinkebein, J., not participating.

EN BANC
U 95-CA-00729-COA

FORTENBERRY, WYDELL: IN RE: THE LAST WILL AND TESTAMENT OF: Charles Fortenberry v. Diana F. Brown, Katherine Brister and Tressie Mae Hammond Appeal No. P4166 from Judgment dated AUGUST 17, 1995, Harrison County Chancery Court, First Judicial District; The judgment of the Harrison County Chancery Court is affirmed. Costs are assessed to the appellant. Thomas, P.J., not participating.

EN BANC
95-KA-00841-COA

Cauthen, Charlie a/k/a "Toothpick" a/k/a Charlie Everette Cauthen, Jr. v. State of Mississippi Appeal No. CR940072 from Judgment dated AUGUST 01, 1995, Panola County Circuit Court, Second Judicial District; DISPOSITION - Motion for rehearing denied. Order entered.

EN BANC
95-CC-00985-COA

Cornacchione, Sr., Daniel S. v. Mississippi Employment Security Commission Appeal No. 8944310 from Judgment dated AUGUST 07, 1995, Forrest County Circuit Court; DISPOSITION - Motion for rehearing denied. Order entered. Hinkebein, J., not participating.

EN BANC
U 95-CA-01096-COA

Lyons, Rick v. Rudy A. Lesso, Jr., Clell Rosetti, James Sablich, Jr., Lionel Holley and Great Southern Development Co., Inc. Appeal No. 942576 from Judgment dated SEPTEMBER 22, 1995, Jackson County Chancery Court; The judgment of the Jackson County Chancery Court to grant Lyons' motion for summary judgment is affirmed. Costs are assessed to the appellant. McMillin, P.J., Bridges, C. J., Coleman, Diaz, Herring, Hinkebein, King, Payne, and Southwick, JJ., concur. Thomas, P.J., not participating.

EN BANC
95-KA-01168-COA

Skinner, Walter v. State of Mississippi Appeal No. 7192 from Judgment dated OCTOBER 11, 1995, Montgomery County Circuit Court; DISPOSITION - Motion for rehearing denied. Order entered.

EN BANC
96-CA-00242-COA

Howard, Jr., Martin v. Teresa Howard Appeal No. 940645 from Judgment dated JANUARY 26, 1996, Pike County Chancery Court; DISPOSITION - Motion for rehearing denied. Order entered. Hinkebein, J., not participating.

EN BANC
U 96-CC-00489-COA

Mississippi Employment Security Commission v. Tamra L. Upchurch Appeal No. M95391 from Judgment dated APRIL 04, 1996, Marshall County Circuit Court; The judgment of the Marshall County Circuit Court is affirmed. Costs of this appeal are assessed to the appellant. McMillin, P.J., Bridges, C.J., Thomas, P.J., Coleman, Diaz, Herring, Hinkebein, King, Payne, and Southwick, JJ., concur.

EN BANC
96-CC-00525-COA

Delta Pride Catfish Processors, Inc. v. Willie T. Traylor Appeal No. 960030 from Judgment dated MARCH 26, 1996, Sunflower County Circuit Court; DISPOSITION - Motion for rehearing denied. Order entered. Hinkebein, J., not participating.

PER CURIAM
93-KA-00078-COA

Moore, Birtett a/k/a Birtette Moore v. State of Mississippi Appeal No. 17892 from Judgment dated NOVEMBER 25, 1992, Lauderdale County Circuit Court; DISPOSITION - Motion for order granting Lauderdale County Circuit Court jurisdiction in Cause 178-92 denied. Order entered.

PER CURIAM
93-KA-00304-COA

Stevenson, James v. State of Mississippi Appeal No. 92213CR1 from Judgment dated FEBRUARY 24, 1993, Lowndes County Circuit Court; DISPOSITION - Motion to expand or modify the appeal record and motion to suspend briefing pending decision on appellant's motion to expand or modify the record is denied. Order entered.

PER CURIAM
94-CT-00496-COA

Brown, Tyree W. v. The Dow Chemical Company and Sonford Products Corporation Appeal No. 26606 from Judgment dated APRIL 12, 1994, Hinds County Circuit Court, First Judicial District; DISPOSITION - Notice of Petition and Petition for rehearing on this Court's order denying petition for stay and other relief denied. Order entered.

PER CURIAM
95-KA-00139-COA

McLaurin, Charles v. State of Mississippi Appeal No. 3013 from Judgment dated FEBRUARY 04, 1994, Covington County Circuit Court; DISPOSITION - Application for release order in criminal case dismissed without prejudice to allow McLaurin to seek relief with the trial court. 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 additional time in which to respond to counter-motion to strike and for sanctions granted. Appellee shall file its response on or before August 1, 1997. Order entered.

PER CURIAM
95-KA-00708-COA

Williams, Carl v. State of Mississippi Appeal No. 11697 from Judgment dated JUNE 19, 1995, Warren County Circuit Court; DISPOSITION - Williams� pro se motion to comply with court rules, Motion for plain error, Mississippi Rules of Evidence, Rule 103(c) and 103(d); Speedy Trial violation -- Sixth Amendment; and violation of discovery M.C.C.C.P. Rule 9.04 dismissed without prejudice. Order entered. Motion to dismiss filed by the State dismissed as moot. Order entered.

PER CURIAM
96-KA-00031-COA

Pugh, Gilbert a/k/a Gilbert Tyrone Pugh v. State of Mississippi Appeal No. 14763 from Judgment dated NOVEMBER 28, 1995, Pike County Circuit Court; DISPOSITION - Motion for leave to file pro se supplemental appeal brief dismissed without prejudice. Order entered.

PER CURIAM
96-CA-00248-COA

McGriggs, Sr., Willie, Edwin McGriggs, Henry Shears, Louis Lee, Alfred McGriggs, Jr., In Their Official Capacities As Chairman and Members, Respectively, of the Seven Star M. B. Church v. Carl Montgomery and Grover Evans, Individually and In Their Official Capacities As Members of the Seven Star M. B. Church Appeal No. G9560 from Judgment dated JANUARY 17, 1996, Hinds County Chancery Court, Second Judicial District; DISPOSITION - Appellants' request for sanctions and response to motion to dismiss appeal passed for consideration with the merits of the appeal. Order entered. DISPOSITION - Appellees' motion to dismiss appeal passed for consideration with the merits of the appeal. Order entered.

PER CURIAM
96-KA-00251-COA

Carr, Ricky Lamar v. State of Mississippi Appeal No. 24126 from Judgment dated JULY 25, 1995, Washington County Circuit Court; DISPOSITION - Letter request for reduction of bond denied. Order entered.

PER CURIAM
97-CC-00135-COA

City of Crystal Springs and Mississippi Municipal Workers Compensation Group v. Gerald E. Youngblood Appeal No. 960339 from Judgment dated JANUARY 15, 1997, Copiah County Circuit Court; DISPOSITION - Motion to remand case to the Mississippi Worker's Compensation Commission for final approval. Each side to bear its own costs. Order entered.

PER CURIAM
97-CC-00318-COA

Smith, Jerry Wayne v. Commercial Trucking Company, Inc. and United States Fidelity and Guaranty Company Appeal No. 968123 from Judgment dated FEBRUARY 27, 1997, Jones County Circuit Court, Second Judicial District; DISPOSITION - Appellant's motion for additional time in which to file brief granted. Appellant shall file his brief on or before July 7, 1997. Order entered.