08/03/2004 - Hand Down and published opinions in WordPerfect/ZIP format

Griffis, T. Kenneth
X  2003-CP-00352-COA

Roosevelt Dockens, Jr. v. State of Mississippi; Chickasaw Circuit Court 2nd District; LC Case #: H-2001-69; Ruling Date: 04/07/2003; Ruling Judge: Henry Lackey; Majority Opinion: Griffis, J. Disposition: The judgment of the Chickasaw County Circuit Court denying post-conviction relief is affirmed. All costs of this appeal are taxed to Chickasaw County. Votes: King, C.J., Bridges and Southwick, P.JJ., Lee, Irving, Myers and Chandler, JJ., concur.

Kostmensky Nobles v. State of Mississippi; Pike Circuit Court; LC Case #: 02-184-KB; Ruling Date: 11/01/2002; Ruling Judge: Mike Smith; Majority Opinion: Chandler, J. Disposition: The judgment of the Pike County Circuit Court of conviction of Count I unlawful distribution of cocaine and sentence of thirty years and Count II conspiracy to commit unlawful distribution of cocaine and sentence of ten years with sentences to run consecutively in the custody of the Mississippi Department of Corrections with fifteen years to serve on Count I and ten years on Count II day for day without possibility of probation, parole or early work release with the remaining fifteen years on Count I to be served on post-release supervision, and pay fine of $50,000 is affirmed. All costs of this appeal are assessed to Pike County. Votes: King, C.J., Bridges and Southwick, P.JJ., Lee, Irving, Myers and Griffis, JJ., concur.

Vernon Neal a/k/a Vernon Riley v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2002-0264-CV; Ruling Date: 05/04/2003; Ruling Judge: Lee Howard; Majority Opinion: Lee, J. Disposition: The judgment of the Oktibbeha County Circuit Court denying post-conviction relief is affirmed. Costs of this appeal are taxed to Oktibbeha County. Votes: King, C.J., Bridges and Southwick, P.JJ., Irving, Myers, Chandler and Griffis, JJ., concur.

Robert W. Moorehead v. Anthony Ray Hudson, Sr., Susan Annette Hudson and R.L.H. Logging, Inc.; Union Chancery Court; LC Case #: 96-0322; Ruling Date: 01/31/2003; Ruling Judge: James Roberts, Jr.; Majority Opinion: Lee, J. Disposition: The judgment of the Union County Chancery Court is reversed and remanded for proceedings consistent with this opinion. Costs of this appeal are assessed against the appellees. Votes: King, C.J., Bridges, P.J., Irving, Myers and Chandler, JJ., concur. Southwick, P.J. and Griffis, J., not participating.

John D. Ratliff a/k/a "Black" v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2003-0031; Ruling Date: 07/17/2003; Ruling Judge: Albert Smith, III; Majority Opinion: Lee, J. Disposition: The judgment of the Circuit Court of Coahoma County of conviction of felony shoplifting as an habitual offender and sentence of five years in the custody of the Mississippi Department of Corrections is affirmed. The sentence imposed shall run consecutively to any and all sentences previously imposed. All costs of this appeal are assessed to Coahoma County. Votes: King, C.J., Bridges and Southwick, P.JJ., Irving, Myers, Chandler and Griffis, JJ., concur.

Juliet Lawson Jowett, Individually and for and on Behalf of Scruggs, Millette Lawson, Bozeman & Dent, P.A and Scruggs, Millette, Bozeman and Dent, P.A. v. Richard F. Scruggs; Richard F. Scruggs, P.A.; Scruggs, Millette, Bozeman & Dent, P.A.; Asbestos Group, P.A. and Occupational Hearing Loss, P.A.; Jackson Chancery Court; LC Case #: 99-0057-DP; Ruling Date: 11/29/2001; Ruling Judge: Donald Patterson; Majority Opinion: Southwick, P.J. Disposition: The judgment of the Chancery Court of Jackson County is affirmed. All costs of this appeal are taxed to the appellants. Votes: King, C.J., Bridges, P.J., Lee, Irving, Chandler and Griffis, JJ., concur. Myers, J., not participating.

Dee Wayne Collins a/k/a DeWayne Collins v. State of Mississippi; Winston Circuit Court; LC Case #: 2000-0105-CR; Ruling Date: 01/31/2003; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Southwick, P.J. Disposition: The judgment of the Winston County Circuit Court denying post-conviction relief is affirmed. All costs of this appeal are taxed to Winston County Votes: King, C.J., Bridges, P.J., Lee, Irving, Myers, Chandler and Griffis, JJ., concur.

Larry Mitchell v. State of Mississippi; Coahoma Circuit Court; LC Case #: 8949; Ruling Date: 11/18/2002; Ruling Judge: Albert Smith, III; Majority Opinion: Southwick, P.J. Disposition: The judgment of the Coahoma County Circuit Court denying post-conviction relief is affirmed. All costs of this appeal are taxed to Coahoma County. Votes: King, C.J., Bridges, P.J., Lee, Irving, Myers, Chandler and Griffis, JJ., concur.

Lainie Bell Crider v. John Paul Crider, Jr.; Alcorn Chancery Court; LC Case #: 2002-56902); Ruling Date: 04/23/2003; Ruling Judge: Jacqueline Mask; Majority Opinion: Southwick, P.J. Disposition: The judgment of the Chancery Court of Alcorn County is reversed and remanded for further proceedings consistent with this opinion. All costs are assessed to the appellee. Votes: King, C.J., Irving, Myers, Chandler and Griffis, JJ., concur. Dissenting Opinion: Lee, J. Votes: Bridges, P.J., joins this opinion.

Barber Seafood, Inc. d/b/a Uncle Chesters Fish House and Mississippi Restaurant Association Workmen's Compensation Trust v. Sandra Louise Smith; Pearl River Circuit Court; LC Case #: CVV2002-0536; Ruling Date: 03/12/2003; Ruling Judge: R. Prichard, III; Majority Opinion: Southwick, P.J. Disposition: The judgment of the Pearl River County Circuit Court is affirmed both on direct and cross-appeal. All costs of this appeal are assessed one-half to the appellants and one-half to the appellee. Votes: King, C.J., Bridges, P.J., Lee, Irving, Myers, Chandler and Griffis, JJ., concur.

Alyison Ann (Tarver) Alexis v. Floyd Lee Tarver; Walthall Chancery Court; LC Case #: 2002-0162; Ruling Date: 06/24/2003; Ruling Judge: W. McGehee, II; Majority Opinion: Southwick, P.J. Disposition: The judgment of the Chancery Court of Walthall County is affirmed. All costs are assessed to the appellant. Votes: King, C.J., Bridges, P.J., Lee, Irving, Myers, Chandler and Griffis, JJ., concur.

Jerald Rankin v. Clements Cadillac, Inc.; Hinds Circuit Court 1st District; LC Case #: 251-01-000280; Ruling Date: 02/26/2003; Ruling Judge: W. Yerger; Majority Opinion: Southwick, P.J. Disposition: The judgment of the Circuit Court of Hinds County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee, Myers, Chandler and Griffis, JJ., concur. Dissenting Opinion: Irving, J. Votes: Bridges, P.J., Joins This Opinion.

Charles Edward Walker v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-2002-852; Ruling Date: 09/16/2003; Ruling Judge: Stephen Simpson; Majority Opinion: Southwick, P.J. Disposition: The judgment of the Circuit Court of Harrison County of conviction of possession of cocaine and sentence of five years, as a habitual offender, 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., Bridges, P.J., Lee, Irving, Myers, Chandler and Griffis, JJ., concur.

Bernard Bryant v. State of Mississippi; Lincoln Circuit Court; LC Case #: 2003-505-B; Ruling Date: 12/10/2003; Ruling Judge: Mike Smith; Majority Opinion: Southwick, P.J. Disposition: The judgment of the Circuit Court of Lincoln County denying post-conviction relief is affirmed. All costs are assessed to Lincoln County. Votes: King, C.J., Bridges, P.J., Lee, Irving, Myers, Chandler and Griffis, JJ., concur.

Michael Bates v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 99-261-CRH; Ruling Date: 09/29/2000; Ruling Judge: L. Hilburn, ; Disposition: Appellant's motion for rehearing is denied.

Christopher Brian Reese v. State of Mississippi; Jackson Circuit Court; LC Case #: 01-10,142(1); Ruling Date: 05/10/2002; Ruling Judge: James Backstrom; Disposition: Appellant's motion for rehearing is denied.

John A. Ross, Jr. v. State of Mississippi; Sunflower Circuit Court; LC Case #: 2000-0109; Ruling Date: 05/04/2002; Ruling Judge: W. Hines; Disposition: Appellant's motion for rehearing is denied.

Zacharia Chase Dambrell v. State of Mississippi; Jackson Circuit Court; LC Case #: 00-10,633(3); Ruling Date: 08/17/2001; Ruling Judge: Dale Harkey; Disposition: Appellee's motion for rehearing is denied. Southwick, P.J., and Griffis, J., would grant.

Eldawaneli Tarloytauruss Conerly a/k/a Eldawain Conerly v. State of Mississippi; Walthall Circuit Court; LC Case #: 2002-11-A; Ruling Date: 07/15/2002; Ruling Judge: Keith Starrett; Majority Opinion: Irving, J. Disposition: The judgment of the Walthall County Circuit Court of conviction of Count One, simple assault on a law enforcement officer, and sentence of five years; Count Two, aggravated assault on a law enforcement officer, and sentence of twenty years; and Count Three, simple assault on a law enforcement officer, and sentence of five years, with sentences to run consecutively for a total of thirty years in the custody of the Mississippi Department of Corrections, with the first fifteen years to serve and the last fifteen years on post-release supervision, and payment of $1,000 fine and full restitution, is affirmed. All costs of this appeal are assessed to Walthall County. Votes: King, C.J., Bridges, P.J., Lee, Myers, Chandler and Griffis, JJ., concur. Southwick, P.J., not participating.

In the Matter of the Estate of Kela Richardson, Deceased: Bernice Richardson, Administratrix of the Estate of Kela Richardson v. Virgil Cornes, Jr., Individually and as the Natural Father and Duly Appointed Guardian of Virgil Cornes, III, a Minor, Jerome Cornes and Julian Cornes; Bolivar Chancery Court 2nd District; LC Case #: 96-0300; Ruling Date: 07/03/2002; Ruling Judge: William Willard, Jr.; Disposition: Appellees'/Cross-Appellants' motion for rehearing is denied. Southwick, P.J., and Griffis, J., would grant.

Gerald Barrett v. State of Mississippi; Rankin Circuit Court; LC Case #: 13,192; Ruling Date: 03/05/2002; Ruling Judge: Samac Richardson; Disposition: Appellant's motion for rehearing is denied.

Ronald L. Holifield, et al. v. BancorpSouth, Inc. d/b/a Bank of Mississippi, et al.; Jones Circuit Court 2nd District; LC Case #: 98-5-58; Ruling Date: 08/23/2002; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Southwick, P.J. Disposition: The judgment of the Circuit Court of Jones County is affirmed. All costs are assessed to the appellants. Votes: King, C.J., Bridges, P.J., Lee, Irving, Myers, Chandler and Griffis, JJ., concur.

Mary Alice McClelland v. John Anthony McClelland; Lamar Chancery Court; LC Case #: 2000-0481-TH; Ruling Date: 08/27/2002; Ruling Judge: James Thomas, Jr.; Majority Opinion: King, C.J. Disposition: The judgment of the Lamar County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant Votes: Southwick, P.J., Lee, Irving, Myers, Chandler and Griffis, JJ., concur. Bridges, P.J., concurs with separate written opinion, joined by Irving, J. Concurring Opinion: Bridges, P.J. Votes: Irving, J., Joins This Opinion.

Timothy Bun Hammers v. Stephanie Evonne (Gilliam) Hammers; DeSoto Chancery Court; LC Case #: 00-6-906 L; Ruling Date: 09/06/2002; Ruling Judge: Percy Lynchard, Jr.; Majority Opinion: Griffis, J. Disposition: The judgment of the Chancery Court of Desoto County is affirmed in part and reversed and rendered in part. All costs of this appeal are to be split equally by the parties. Votes: King, C.J., Bridges, P.J., Irving, Myers and Chandler, JJ., concur. Lee, J., concurs with separate written opinion. Southwick, P.J., not participating. Concurring Opinion: Lee, J.

James R. Mayo a/k/a James Ricky Mayo v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 679-01; Ruling Date: 09/24/2002; Ruling Judge: Larry Roberts; Disposition: Appellant's motion for rehearing is denied.

Charles E. Stewart, Jr. a/k/a Charles Edward Stewart v. State of Mississippi; Copiah Circuit Court; LC Case #: 2002-0151CR; Ruling Date: 11/25/2002; Ruling Judge: Lamar Pickard; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Copiah County of conviction of three counts of burglary of an auto and sentence of three years on each count, with the sentences to run consecutively to each other, in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Copiah County. Votes: King, C.J., Bridges, P.J., Lee, Myers, Chandler and Griffis, JJ., concur. Southwick, P.J., not participating.

Roger Johnson v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 01-1-432; Ruling Date: 11/18/2002; Ruling Judge: Bobby DeLaughter; Disposition: Appellant's motion for rehearing is denied.

Richard Stone v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2002-0050-CV1; Ruling Date: 02/20/2003; Ruling Judge: Lee Howard; Disposition: Appellant's motion for rehearing is denied.

Tonoa (Malone) Dodson v. Marvin D. Dodson; DeSoto Chancery Court; LC Case #: 01-11-1471(L); Ruling Date: 01/06/2003; Ruling Judge: Percy Lynchard, Jr.; Majority Opinion: Irving, J. Disposition: The judgment of the Chancery Court of DeSoto County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges, P.J., Lee, Myers, Chandler and Griffis, JJ., concur. Southwick, P.J., not participating.

John Mosley d/b/a Clinton Body Shop, Inc. v. Progressive Casualty Insurance Company d/b/a Progressive Gulf Insurance Company, Inc., Nationwide Mutual Insurance Company, Nationwide General Insurance Company, Jeff Haughee, Robert Harrell, Jim Nelan, Leslie Price, Jimmy Fuller, Kristi Richards, Conchanta Leverette, and Michael Lee; Hinds Circuit Court 1st District; LC Case #: 251-02-000542; Ruling Date: 02/26/2003; Ruling Judge: W. Yerger; Disposition: On the Court's own motion this appeal is dismissed for lack of jurisdiction. All costs of appeal are assessed to the appellant. Order entered.

Janie Johnson, as Executrix of the Estate of Walter Johnson v. Black Brothers, Inc.; Choctaw Chancery Court; LC Case #: 2000-157; Ruling Date: 03/19/2003; Ruling Judge: John Love, Jr.; Majority Opinion: Lee, J. Disposition: The judgment of the Choctaw County Chancery Court is affirmed. Costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges and Southwick, P.JJ., Myers, Chandler and Griffis, JJ., concur. Irving, J., dissents without separate written opinion.

Harold Green, et al., and City of Richland, Mississippi v. Cleary Water, Sewer & Fire District; Rankin Chancery Court; LC Case #: 52041; Ruling Date: 04/17/2003; Ruling Judge: Jason Floyd, Jr.; Majority Opinion: King, C.J. Disposition: The judgment of the Chancery Court of Rankin County is affirmed. All costs of this appeal are taxed to the appellants. Votes: Irving, Myers and Chandler, JJ., concur. Bridges and Southwick, P.JJ., not participating. Dissenting Opinion: Griffis, J. Votes: Lee, J., Join This Opinion.