Mississippi Court of Appeals

Hand Down Lists
July 31, 2001

07/31/2001 - Hand Down and published opinions in WordPerfect/ZIP format

Chandler, David Anthony
X 2000-CA-00361-COA

Warren, Lincoln E. Sr. by Lincoln E. Warren, Jr., Conservator v. United States Fidelity and Guaranty Company and American Family Home Insurance Company Hinds Circuit Court 1st District; LC Case#: 251-99-347; Ruling Date: 02/23/2000; Ruling Judge: W. Yerger; Majority Opinion: Chandler, J. Disposition: Judgment of the Hinds County Circuit Court granting summary judgment to Appellees is affirmed. Appellant taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Payne, J., Bridges, J., Thomas, J., Lee, J., Irving, J., Myers, J., Concur.


Irving, Tyree
X 2000-KM-00013-COA

Griffith, Montgomery a/k/a Montgomery Griffith-Mair v. City of Bay St. Louis, Mississippi Hancock Circuit Court; LC Case#: B2301-990218; Ruling Date: 11/30/1999; Ruling Judge: Kosta Vlahos; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Hancock County of conviction on Count I, simple assault, Count II, trespassing and Count III, disturbing the peace and combined sentences of eighteen months and combined fines of $1500 with the suspension of the jail term and $500 of the fine and probation for five years subject to good behavior is affirmed. Appellant taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Payne, J., Bridges, J., Thomas, J., Lee, J., Myers, J., Chandler, J., Concur.


Lee, L. Joseph
X 2000-KA-00661-COA

Jones, Jonathan Develle a/k/a "Pokie" v. State of Mississippi Newton Circuit Court; LC Case#: 99-CR-0040-NW; Ruling Date: 04/18/2000; Ruling Judge: V. Cotten; Majority Opinion: Lee, J. Disposition: The judgment of the Circuit Court of Newton County of conviction of the sale of cocaine within 1,500 feet of a church and sentence of thirty years in the Mississippi Department of Corrections and fine of $15,000 is affirmed. Newton County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Payne, J., Bridges, J., Thomas, J., Irving, J., Myers, J., Chandler, J., Concur.


Lee, L. Joseph
X 2000-KA-01156-COA

Blakley, Calvin Anthony Jr. a/k/a Calvin Antonio Blakley, Jr. v. State of Mississippi Harrison Circuit Court 1st District; LC Case#: 98-1066; Ruling Date: 06/21/2000; Ruling Judge: Robert Walker; Majority Opinion: Lee, J. Disposition: The judgment of the Circuit Court of Harrison County of conviction of transfer of a controlled substance and enhanced sentence of fifteen years in the custody of the Mississippi Department of Corrections as an habitual offender is affirmed. Harrison County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Payne, J., Bridges, J., Thomas, J., Myers, J., Chandler, J., Concur. Irving, J., Concurs in result only.


Thomas, James E.
X 2000-KA-01453-COA

Hughery, Alfred Jr. v. State of Mississippi Panola Circuit Court 2nd District; LC Case#: 2000-55-BP2; Ruling Date: 08/25/2000; Ruling Judge: Andrew Baker; Majority Opinion: Thomas, J. Disposition: The judgment of the Panola County Circuit Court of conviction of two counts of uttering a forgery and sentence of two four year terms in the custody of the Mississippi Department of Corrections to run consecutively are affirmed. Panola County taxed with costs of appeal. Votes: McMillin, C.J., Southwick, P.J., Payne, J., Bridges, J., Lee, J., Irving, J., Myers, J., Chandler, J., Concur. King, P.J., Concurs in result only.


Bridges, Billy G.
X 1999-CA-01102-COA

Snoddy, Cynthia v. Marc Snoddy and Cecil Douglas Courtney a/k/a Douglas Cecil Snoddy Jackson Chancery Court; LC Case#: 980133; Ruling Date: 06/04/1999; Ruling Judge: William Myers; Majority Opinion: Bridges, J. Disposition: The judgment of the Chancery Court of Jackson County is hereby reversed and remanded. Appellees taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Payne, J., Thomas, J., Lee, J., Irving, J., Chandler, J., Concur. Myers, J., Not Participating.


Payne, Mary Libby
XX 1999-KA-01079-COA

Wash, James H. a/k/a James Hugger Wash v. State of Mississippi George Circuit Court; LC Case#: 209710133; Ruling Date: 02/09/1999; Ruling Judge: Kathy Jackson; Majority Opinion: Payne, J. Disposition: The judgment of the George County Circuit Court of conviction on Count I of aggravated assault and sentence of twenty years; Count II, armed robbery and sentence of forty years to run consecutively with sentence in Count I, in the custody of the Mississippi Department of Corrections is affirmed. George County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Thomas, J., Lee, J., Myers, J., Chandler, J., Concur. Dissenting Opinion: Irving, J. Votes: Bridges, J., Joins.


McMillin, Roger H., Jr.
X 1999-KA-00879-COA

Rowlett, Anthony Ray v. State of Mississippi Calhoun Circuit Court; LC Case#: CR97-247; Ruling Date: 05/12/1999; Ruling Judge: R. Coleman; Majority Opinion: McMillin, C.J. Disposition: The judgment of the Circuit Court of Calhoun County of conviction of touching a child under the age of fourteen for lustful purposes (fondling) and sentence of fifteen years in the custody of the Mississippi Department of Corrections, and order to pay $5,000 fine and $100 to the victim's compensation fund, is affirmed. Calhoun County taxed with costs of appeal. Votes: King, P.J., Southwick, P.J., Payne, J., Bridges, J., Thomas, J., Lee, J., Irving, J., Myers, J., Chandler, J., Concur.


McMillin, Roger H., Jr.
X 1999-CA-01854-COA

Murphree, Jason v. Helen Cook Marshall Chancery Court; LC Case#: 97-0035; Ruling Date: 06/23/1997; Ruling Judge: R. Reeves, Jr.; Majority Opinion: McMillin, C.J. Disposition: The judgment of the Chancery Court of Marshall County is reversed and remanded for further proceedings consistent with this opinion. Appellee taxed with costs of appeal. Votes: King, P.J., Southwick, P.J., Payne, J., Bridges, J., Thomas, J., Lee, J., Irving, J., Myers, J., Chandler, J., Concur.


McMillin, Roger H., Jr.
X 2000-KA-00287-COA

Moses, Willie Walter v. State of Mississippi Marion Circuit Court; LC Case#: K98-0086E; Ruling Date: 01/21/2000; Ruling Judge: Michael Eubanks; Majority Opinion: McMillin, C.J. Disposition: The judgment of the Circuit Court of Marion County is reversed and remanded for further proceedings consistent with the terms of this opinion as to counts one through six and counts sixteen through twenty-one. The judgment of the circuit court is reversed as to counts seven through thirteen and a judgment of acquittal as to those counts is rendered. Marion County taxed with costs of appeal. Votes: King, P.J., Southwick, P.J., Payne, J., Bridges, J., Thomas, J., Lee, J., Irving, J., Myers, J., Chandler, J., Concur.


EN BANC
XX 1998-KA-01064-COA

Williams, Willie Lee v. State of Mississippi Warren Circuit Court; LC Case#: 13096; Ruling Date: 07/10/1998; Ruling Judge: Isadore Patrick, Jr.; Majority Opinion: McMillin, C.J. Disposition: On Motion for Rehearing, the original opinion is withdrawn and the following is substituted. The judgment of the Circuit Court of Warren County of conviction of Count I, aggravated assault with a firearm and sentence of twenty years, and Count II, kidnapping and sentence of four years, in the custody of the Mississippi Department of Corrections with said sentences to run consecutively, is affirmed. Warren County taxed with costs of appeal. Votes: Southwick, P.J., Payne, J., Thomas, J., Lee, J., Irving, J., Myers, J., Chandler, J., Concur. Dissenting Opinion: Bridges, J. Votes: King, P.J., Joins. Disposition: Motion for Rehearing is granted. Disposition: Motion for Rehearing is granted.


EN BANC
1999-CT-00028-COA

Mississippi Food and Fuel Workers' Compensation Trust v. Bobbi Tackett, as the Wrongful Death Beneficiary of Tony Murphree, Deceased, and as the Administratrix of the Estate of Tony J. Murphree Lee Chancery Court; LC Case#: 970378; Ruling Date: 12/10/1998; Ruling Judge: Timothy Ervin; Disposition: Appellee's Motion to Correct the Mandate granted. The mandate is corrected to state that the appellant is entitled to $35,463.18 of the funds held in this cause in the registry of the Chancery Court of Lee County and that the appellee is entitled to $1,358.26 of the funds so held and each party shall be entitled to any earning on said funds since paid into the registry of that court. Order entered.


EN BANC
1999-KA-01321-COA

Starks, Marcus v. State of Mississippi Tunica Circuit Court; LC Case#: 990034; Ruling Date: 06/28/1999; Ruling Judge: Elzy Smith, Jr.; Disposition: Appellant's Motion for Rehearing is denied.


EN BANC
1999-KA-01729-COA

Feazell, Fred a/k/a John Earl Feazell v. State of Mississippi Covington Circuit Court; LC Case#: 3271; Ruling Date: 09/11/1998; Ruling Judge: Robert Evans; Disposition: Appellant's Motion for Rehearing is denied.


EN BANC
XX 1999-KA-02112-COA

Havard, Keith E. v. State of Mississippi George Circuit Court; LC Case#: 98-10059; Ruling Date: 11/15/1999; Ruling Judge: Kathy Jackson; Majority Opinion: Southwick, P.J. Disposition: The judgment of the Circuit Court of George County of conviction of felony driving under the influence of alcohol causing death and sentence of twenty years with eight years suspended and five years probation is affirmed. Appellant taxed with costs of appeal. Votes: McMillin, C.J., Payne, J., Bridges, J., Thomas, J., Lee, J., Irving, J., Myers, J., Concur. Concurring in Part Opinion: King, P.J. Votes: Chandler, J., Joins.


EN BANC
2000-KA-00011-COA

Ray, Steven a/k/a Steven J. Ray v. State of Mississippi Hinds Circuit Court 1st District; LC Case#: 99-0507; Ruling Date: 12/17/1999; Ruling Judge: L. Hilburn; Disposition: Appellant's Motion for Rehearing is denied.


EN BANC
2000-CA-00421-COA

Southerland, Craig A. v. Susan Diane Shoemaker Southerland Panola Chancery Court 2nd District; LC Case#: B-9906-225; Ruling Date: 02/10/2000; Ruling Judge: Dennis Baker; Disposition: Appellant's Motion for Rehearing is denied.


EN BANC
2000-CA-00522-COA

Morrison, Dan v. Mississippi Enterprise for Technology, Inc., University of Southern Mississippi, The State Board of Higher Education, State of Mississippi and Jim Meredith Hancock Circuit Court; LC Case#: 99-0020; Ruling Date: 02/09/2000; Ruling Judge: Robert Walker; Disposition: Appellant's Motion for Rehearing is denied.


EN BANC
2000-KA-00772-COA

Spann, Sidney Jr. v. State of Mississippi Rankin Circuit Court; LC Case#: 6022; Ruling Date: 12/16/1999; Ruling Judge: Samac Richardson; Disposition: Appellant's Motion for Rehearing is denied.