Mississippi Court of AppealsHand Down List
July 29, 2008
07/29/2008 - Hand Down and published opinions in WordPerfect/ZIP format
Carlton, Virginia Carter
X 2007-CA-00969-COA
Faye Jordan v. Ann Wilson; Monroe Circuit Court; LC Case #: CV-00-101-GM; Ruling Date: 05/16/2007; Ruling Judge: Paul Funderburk; Majority Opinion: Carlton, J. Disposition: The judgment of the Circuit Court of Monroe County is reversed and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Ishee and Roberts, JJ., concur. Chandler and Barnes, JJ., not participating.
Barnes, Donna M.
X 2007-CA-00228-COA
1704 21st Avenue, Ltd. v. City of Gulfport, Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-03-00501; Ruling Date: 01/05/2007; Ruling Judge: Roger Clark; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Harrison County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Ishee, Roberts and Carlton, JJ., concur.
Griffis, T. Kenneth
X 2007-CA-00681-COA
Desmond Hynes v. State of Mississippi; Sunflower Circuit Court; LC Case #: 2006-0110-M; Ruling Date: 03/26/2007; Ruling Judge: Betty Sanders; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Sunflower County denying the motion for post-conviction collateral relief is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Barnes, Ishee, Roberts and Carlton, JJ., concur.
Griffis, T. Kenneth
X 2007-KA-00989-COA
Bernard Young v. State of Mississippi; Lee Circuit Court; LC Case #: CR07-178; Ruling Date: 06/04/2007; Ruling Judge: Sharion Aycock; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Lee County of conviction of murder and sentence of life in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Lee County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Barnes, Ishee, Roberts and Carlton, JJ., concur.
Griffis, T. Kenneth
X 2007-CP-01339-COA
Dr. Bryce Dallas a/k/a Bryce Frederick Dallas v. State of Mississippi; Copiah Circuit Court; LC Case #: 14210-B; Ruling Date: 06/28/2007; Ruling Judge: Lamar Pickard; Majority Opinion: Griffis, J. Disposition: The judgment of the Copiah County Circuit Court dismissing the motion for post-conviction collateral relief is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Barnes, Ishee, Roberts and Carlton, JJ., concur.
Griffis, T. Kenneth
X 2007-CP-01649-COA
Alex Durode Johnson, III v. State of Mississippi; Washington Circuit Court; LC Case #: 2007-169; Ruling Date: 09/12/2007; Ruling Judge: W. Hines; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Washington County denying the motion for post-conviction collateral relief is affirmed. All costs of this appeal are assessed to Washington County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Barnes, Ishee, Roberts and Carlton, JJ., concur.
Chandler, David Anthony
X 2006-KA-02009-COA
Nathaniel Walden v. State of Mississippi; Holmes Circuit Court; LC Case #: 11,570; Ruling Date: 10/11/2006; Ruling Judge: Mike Smith; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Holmes County of conviction of murder and sentence of life in the custody of the Mississippi Department of Corrections, and of shooting into an occupied dwelling and sentence of ten years in the custody of the Mississippi Department of Corrections, with five years suspended and on probation, with the sentences to run consecutively, and to pay restitution in the amount of $4,500 to the Crime Victims' Compensation Fund, is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.
Chandler, David Anthony
X 2006-CA-02141-COA
William Phillips v. Enterprise Transporation Service Company, National Fire Insurance Company of Hartford and Continental Casualty Company; Coahoma Circuit Court; LC Case #: 14CI-01-0095; Ruling Date: 11/20/2006; Ruling Judge: Charles Webster; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Coahoma County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.
Chandler, David Anthony
X 2007-KA-00399-COA
Decarlos Jenkins v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2006-0125; Ruling Date: 10/09/2007; Ruling Judge: Charles Webster; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Coahoma County of conviction of Count I, possession of more than 0.1 gram but less than two grams of cocaine, and sentence of life in prison as a habitual offender without the possibility of probation or parole, and Count II, possession of thirty grams or less of marijuana, and to pay a fine of $250, is affirmed. All costs of this appeal are assessed to Coahoma County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.
Chandler, David Anthony
X 2007-KA-01425-COA
J.C. Ramsey a/k/a Henry Earl Ramsey v. State of Mississippi; Forrest Circuit Court; LC Case #: 06-351-CR; Ruling Date: 08/01/2007; Ruling Judge: Robert Helfrich; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Forrest County of conviction of Count II, auto burglary, and sentence of seven years as a habitual offender; Count III, auto burglary, and sentence of seven years as a habitual offender; and Count IV, grand larceny, and sentence of ten years as a habitual offender, all in the custody of the Mississippi Department of Corrections, with all sentences to run consecutively and to be served without the possibility of probation or parole, is affirmed. All costs of this appeal are assessed to Forrest County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.
Myers, William H.
X 2007-KA-00799-COA
Randy Shon Howard v. State of Mississippi; Neshoba Circuit Court; LC Case #: 06-CR-0111-NS-C; Ruling Date: 03/14/2007; Ruling Judge: V. Cotten; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Neshoba County of conviction of Count I - possession of more than 0.1 gram and less that two grams of a Schedule II controlled substance, namely methamphetamine, and sentence of eight years in the custody of the Mississippi Department of Corrections and a fine of $1,500; Count II - possession of less than thirty grams of a Schedule II controlled substance, namely marijuana, and a fine of $250, is affirmed. All costs of this appeal are assessed to Neshoba County. Votes: Lee, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur. King, C.J., concurs in result only.
Lee, L. Joseph
X 2006-KA-01394-COA
Loi Quoc Tran v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B2402-2001-00522; Ruling Date: 09/19/2003; Ruling Judge: Kosta Vlahos; Consolidated with 2004-KA-00840-COA Loi Quoc Tran v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B2402-2001-00522; Ruling Date: 09/19/2003; Ruling Judge: Kosta Vlahos; Majority Opinion: Lee, P.J. Disposition: The judgment of the Harrison County Circuit Court of conviction of Count I, burglary, and sentence of twenty-five years; Count II, armed robbery, and sentence of ten years; and Count III, aggravated assault, and sentence of twenty years, with sentence for Count I to run concurrently to sentence for Count III, and sentence for Count II to run consecutively to the concurrent sentences for Counts I and III, with all sentences to be served in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to Harrison County.
Votes: King, C.J., Myers, P.J., Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur. Irving, J., concurs in result only.
Lee, L. Joseph
X 2007-CA-00516-COA
Advanced Medical, Inc. v. Advanced Medical Systems, Inc.; Harrison Chancery Court 1st District; LC Case #: 2401-06-01492(2); Ruling Date: 03/02/2007; Ruling Judge: Margaret Alfonso; Majority Opinion: Lee, P.J. Disposition: The judgment of the Harrison County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant.
Votes: King, C.J., Myers, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.
King, Leslie D.
X 2007-CA-00320-COA
Alvin Robinson v. Hill City Oil Co., Inc. d/b/a Jubilee Chevron and Mahalie Nelson; Hinds Circuit Court 2nd District; LC Case #: 2004-70; Ruling Date: 12/29/2006; Ruling Judge: Bobby DeLaughter; Majority Opinion: King, C.J. Disposition: The judgment of the Hinds County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.
EN BANC
2006-CT-01927-COA
John Charles McGriggs v. State of Mississippi; Warren Circuit Court; LC Case #: 05,0026-CRP; Ruling Date: 06/27/2006; Ruling Judge: Isadore Patrick, Jr.; Disposition: The motion for rehearing is denied. Order entered.
EN BANC
2006-KA-01994-COA
Gregory Deon Jones v. State of Mississippi; Rankin Circuit Court; LC Case #: 17318; Ruling Date: 08/14/2006; Ruling Judge: Samac Richardson; Disposition: The motion for rehearing is denied. Order entered.
EN BANC
2006-CA-02040-COA
Phyllis W. Niedfeldt, Trustee for the Phyllis W. Niedfeldt Living Trust v. Grand Oaks Communities, LLC; Lafayette Chancery Court; LC Case #: 2006-27A; Ruling Date: 08/22/2006; Ruling Judge: Glenn Alderson; Disposition: The motion for rehearing is denied. Order entered.
EN BANC
2007-CP-00260-COA
Daniel Lewis Jones a/k/a Big Dan v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2007-0034-CV1; Ruling Date: 02/21/2007; Ruling Judge: Lee Howard; Disposition: The motion for rehearing is denied. Order entered.
EN BANC
2007-CA-00348-COA
James Rodgers a/k/a James Walter Rodgers v. State of Mississippi; Lee Circuit Court; LC Case #: CV-04-071(G)L; Ruling Date: 01/30/2007; Ruling Judge: Thomas Gardner, III; Disposition: The motion for rehearing is denied. Order entered.
EN BANC
2007-CP-00840-COA
Brian Sneed v. State of Mississippi; Quitman Circuit Court; LC Case #: 2006-0080; Ruling Date: 04/13/2007; Ruling Judge: Charles Webster; Disposition: The motion for rehearing is denied. Order entered.