Mississippi Court of Appeals

Hand Down Lists
August 04, 1998

08/04/1998 - Hand Down and published opinions in WordPerfect/ZIP format

Southwick, Leslie H.
X 96-CA-00803-COA

J. H. Parker Construction Company, Inc. v. Board of Aldermen of the City of Natchez, Mississippi Adams Circuit Court; LCCase #7405 Ruling:06/21/1996; Forrest Johnson, Jr.; Majority Opinion: Southwick, J. Disposition: The judgment of the Circuit Court of Adams County is affirmed. Appellant taxed with costs of appeal. Votes:Bridges, C.J., McMillin, P.J., Thomas, P.J., Coleman, J., Diaz, J., Herring, J., Hinkebein, J., King, J., Payne, J., Concur.


Payne, Mary Libby
XX 97-CC-00270-COA

Walker Manufacturing Company, a Self-Insured Employer v. Anita G. Butler Monroe Circuit Court; LCCase #CV96331 Ruling:02/04/1997; Barry Ford; Majority Opinion: Payne, J. Disposition: The judgment of the Monroe County Circuit Court is affirmed. Statutory damages and interest are awarded. Appellant taxed with costs of appeal. Votes:Bridges, C.J., Thomas, P.J., Coleman, J., Diaz, J., Herring, J., Hinkebein, J., King, J., Concur. Dissenting Opinion: Southwick, J. Votes: McMillin, P.J., Joins.


King, Leslie D.
X 96-CA-01168-COA

Myers, John Kenneth and Lynda Dederich v. Betty Gayle Myers Jones Chancery Court 1st District; LCCase #950016; Ruling: 07/29/1996; Franklin McKenzie, Jr.; Majority Opinion: King, J. Disposition: The judgment of the Jones County Chancery Court is reversed and remanded in part, and affirmed in part. The judgment regarding the certificate of deposit is reversed and remanded to determine what amount of the certificate of deposit was: (1) compensation to the injured spouse for pain and suffering, (2) compensation to the injured spouse for lost wages and medical expenses, and (3) compensation to the uninjured spouse for loss of consortium. Remaining portions of the Chancery Court judgment are affirmed. Appellants taxed with costs of appeal. Votes: Bridges, C.J., McMillin, P.J., Thomas, P.J., Coleman, J., Diaz, J., Herring, J., Hinkebein, J., Payne, J., Southwick, J., Concur.


Hinkebein, B. Greg
U 97-CC-00318-COA

Smith, Jerry Wayne v. Commercial Trucking Company, Inc. and United States Fidelity and Guaranty Company Jones Circuit Court 2nd District; LCCase #968123; Ruling:02/27/1997; Billy Landrum; Majority Opinion: Hinkebein, J. Disposition: The judgment of the Circuit Court of Jones County is affirmed. Appellant taxed with costs of appeal. Votes: Bridges, C.J., McMillin, P.J., Thomas, P.J., Coleman, J., Diaz, J., Herring, J., King, J., Payne, J., Southwick, J., Concur.


Herring, James H.
X 96-KA-00996-COA

McDougle, Joseph v. State of Mississippi Copiah Circuit Court; LCCase #14779; Ruling:11/27/1995; Lamar Pickard; Majority Opinion: Herring, J. Disposition: The judgment of the Circuit Court of Copiah County is reversed and rendered. Copiah County taxed with costs of appeal. Votes: Bridges, C.J., McMillin, P.J., Thomas, P.J., Coleman, J., Diaz, J., King, J., Payne, J., Southwick, J., Concur. Hinkebein, J., Not Participating.


Herring, James H.
X 96-KA-01174-COA

Johnson, Demarcus a/k/a Sonny Jake Johnson v. State of Mississippi Chickasaw Circuit Court 1st District; LCCase #HK96006; Ruling:10/21/1996; Henry Lackey; Majority Opinion: Herring, J. Disposition: The judgment of the Circuit Court of Chickasaw County is reversed and remanded for a new trial consistent with the terms of this opinion. Chickasaw County taxed with costs of appeal. Votes: Bridges, C.J., McMillin, P.J., Thomas, P.J., Coleman, J., Diaz, J., Hinkebein, J., King, J., Payne, J., Southwick, J., Concur.


Herring, James H.
X 96-CA-01329-COA

McNeil, Charles v. Verlon R. Bourn, Sr. Forrest Circuit Court; LCCase #11934126; Ruling:08/29/1996; Richard McKenzie; Majority Opinion: Herring, J. Disposition: The judgment of the Circuit Court of Forrest County is affirmed. Statutory penalties and interest are awarded. Appellant taxed with costs of appeal. Votes: Bridges, C.J., McMillin, P.J., Thomas, P.J., Coleman, J., Diaz, J., Hinkebein, J., King, J., Payne, J., Southwick, J., Concur.


Diaz, Oliver E., Jr.
U 96-CA-00699-COA

Woodson, Cheryl v. Tom Brooks Auto Sales, Inc. and John Deere Insurance Company Leake Circuit Court; LCCase #950092; Ruling:05/14/1996; Marcus Gordon; Majority Opinion: Diaz, J. Disposition: The judgment of the Leake County Circuit Court is affirmed. Appellant taxed with costs of appeal. Votes: Bridges, C.J., McMillin, P.J., Thomas, P.J., Herring, J., Hinkebein, J., King, J., Payne, J., Southwick, J., Concur. Coleman, J., Not Participating.


Coleman, Thomas A.
U 96-CC-00222-COA

Advanced Nursing, Inc. v. Mississippi Employment Security Commission and Eva N. Green Pike Circuit Court; LCCase #950145; Ruling:01/24/1996; Mike Smith; Majority Opinion: Coleman, J. Disposition: Dismissed on the Court's own motion. Appellant taxed with costs of appeal. Votes: Bridges, C.J., McMillin, P.J., Thomas, P.J., Diaz, J., Herring, J., Hinkebein, J., King, J., Payne, J., Southwick, J., Concur.


Coleman, Thomas A.
U 96-KA-00453-COA

Clark, Mitchell v. State of Mississippi Hinds Circuit Court 1st District; LCCase #942323; Ruling:02/15/1996; James Graves, Jr.; Majority Opinion: Coleman, J. Disposition: The judgment of the Circuit Court of the First Judicial District of Hinds County of the appellant's conviction of armed robbery and two counts of aggravated assault and its sentences of the appellant to serve a term of life in the custody of the Mississippi Department of Corrections for the conviction of armed robbery and to serve sentences of twenty (20) years for each conviction of aggravated assault, said twenty-year sentences to run consecutively to each other but concurrently with the sentence of life for the conviction of armed robbery are affirmed. Hinds County taxed with costs of appeal. Votes: Bridges, C.J., McMillin, P.J., Thomas, P.J., Diaz, J., Herring, J., Hinkebein, J., King, J., Payne, J., Southwick, J., Concur.


Bridges, Billy G.
UU 97-CA-00070-COA

Baughman, Geneva Corbitt Altman v. Earl Loomis Altman Lawrence Chancery Court; LCCase #12804; Ruling:12/20/1996; J. Buffington; Majority Opinion: Bridges, C.J. Disposition: The judgment of the Lawrence County Chancery Court is affirmed. Appellant taxed with costs of appeal. Votes: McMillin, P.J., Thomas, P.J., Coleman, J., Diaz, J., Herring, J., Hinkebein, J., King, J., Southwick, J., Concur. Dissenting Opinion: Payne, J.


EN BANC
95-KA-00162-COA

Hamm, Thomas Wayne and Terri Wright Hamm v. State of Mississippi Jackson Circuit Court; LCCase #9410060; Ruling:02/10/1995; James Backstrom; Disposition: Terri Wright Hamm's motion for rehearing out of time granted. Appellant shall within fourteen days of the entry of this order file her motion for rehearing with this Court. The mandate previously issued shall be withdrawn. Order entered.


EN BANC
95-KA-00829-COA

Barnett, Bobby Keith v. State of Mississippi Pike Circuit Court; LCCase #14338; Ruling:06/15/1995; Mike Smith; Disposition: Motion to file out of time motion for rehearing and appointment of counsel denied. Order entered.


EN BANC
95-KA-01268-COA

Rabalais, Kenneth Frances v. State of Mississippi Hancock Circuit Court; LCCase #8027; Ruling:09/13/1995; Jerry Terry, Sr.; Disposition: Appellant's pro se motion to reconsider ruling on previous motions and to supplement the appeal brief dismissed as moot. Order entered.


EN BANC
95-KA-01284-COA

White, Elwood v. State of Mississippi Copiah Circuit Court; LCCase #14729; Ruling:11/06/1995; Lamar Pickard; Disposition: Motion for rehearing denied. Order entered.


EN BANC
95-KA-01284-COA

White, Elwood v. State of Mississippi Copiah Circuit Court; LCCase #14729; Ruling:11/06/1995; Lamar Pickard; Disposition: Motion for permission to amend petition for rehearing and file supplemental record excerpts dismissed as moot. Order entered


EN BANC
96-CA-00019-COA

Citizens for Equal Property Rights, an Unincorporated Association v. Board of Supervisors of Lowndes County, Mississippi Lowndes Circuit Court; LCCase #94086CV; Ruling:12/07/1995; Lee Howard; Disposition: Appellant's motion to suggest recusal dismissed as moot. Order entered.


EN BANC
96-CA-00019-COA

Citizens for Equal Property Rights, an Unincorporated Association v. Board of Supervisors of Lowndes County, Mississippi Lowndes Circuit Court; LCCase #94086CV; Ruling:12/07/1995; Lee Howard; Disposition: Motion for rehearing denied. Order entered.


EN BANC
96-KA-00251-COA

Carr, Ricky Lamar v. State of Mississippi Washington Circuit Court; LCCase #24126; Ruling:07/25/1995; Eugene Bogen; Disposition: Motion requesting rehearing denied. Order entered.


EN BANC
96-KA-00353-COA

Gaines, Jerome Marquis v. State of Mississippi Harrison Circuit Court 2nd District; LCCase #9500429; Ruling:01/10/1996; Robert Walker; Disposition: Motion for time in which to file Motion for rehearing granted. Appellant shall file his motion for rehearing on or before August 10, 1998. Order entered.


EN BANC
96-KA-00364-COA

Smith, Michael Jerome v. State of Mississippi Humphreys Circuit Court; LCCase #4913; Ruling:03/06/1996; Jannie Lewis; Disposition: Motion to appoint substitute counsel to file and prosecute motion for rehearing and petition for certiorari denied. Order entered.


EN BANC
96-KA-00364-COA

Smith, Michael Jerome v. State of Mississippi Humphreys Circuit Court; LCCase #4913; Ruling:03/06/1996; Jannie Lewis; Disposition: Motion for production of records granted. Order entered.


EN BANC
96-KA-00465-COA

Smith, Larry Rochelle v. State of Mississippi Franklin Circuit Court; LCCase #936; Ruling:04/11/1996; Forrest Johnson, Jr.; Disposition: Motion for rehearing denied. Order entered.


EN BANC
U 96-KA-00655-COA

Rayburn, Wallace v. State of Mississippi Jones Circuit Court 2nd District; LCCase #9602; Ruling:05/13/1996; Billy Landrum; Disposition: The judgment of the Circuit Court of the Second Judicial District of Jones County of the appellant's guilt of Felony D.U.I. and its sentence to serve a term of five years in the custody of the Mississippi Department of Corrections and to pay a fine of $3500 with the penitentiary sentence suspended conditionally upon the appellant's successful completion for one year of the intensive supervision program/house arrest program in which the court placed the appellant are affirmed. Jones County taxed with costs of appeal. Votes: Bridges, C.J., McMillin, P.J., Thomas, P.J., Coleman, J., Diaz, J., Herring, J., Hinkebein, J., King, J., Payne, J., Southwick, J., Concur.


EN BANC
UUU 96-CC-00667-COA

Richmond, Bonnie v. Mississippi Department of Human Services Hinds Circuit Court 1st District; LCCase #95444CIV Ruling:05/16/1996; James Graves, Jr.; Majority Opinion: McMillin, P.J. Disposition: The judgment of the Circuit Court of Hinds County is reversed and rendered. Appellee taxed with costs of appeal. Votes: Bridges, C.J., Coleman, J., Hinkebein, J., Southwick, J., Concur. Herring, J., Not Participating. Dissenting Opinion: Diaz, J. Votes: Thomas, P.J., King, J., Join. Dissenting Opinion: King, J. Votes:Payne, J., Joins.


EN BANC
96-KA-00929-COA

Chouamon, Charles a/k/a Charles Hayward Chauamon a/k/a "Chuck" and Deborah Chouamon a/k/a Deborah Wyatt a/k/a Deborah Watt a/k/a Deborah Kay Wyatt a/k/a Deborah Kay Manis a/k/a "Debbie" v. State of Mississippi Coahoma Circuit Court; LCCase #8814 Ruling:08/13/1996; John Hatcher; Disposition: Petition for leave to amend or supplement appeal brief denied. Order entered.


EN BANC
96-KA-01122-COA

Kraft, Glen a/k/a Glyn J. Craft a/k/a Glyn Craft a/k/a Glyn Jenmel Craft a/k/a Glen Jemel Craft a/k/a Glen J. Craft v. State of Mississippi Marion Circuit Court; LCCase #6323 Ruling:07/12/1996; Michael Eubanks; Disposition: Motion to file out of time motion for rehearing granted. Appellant shall have thirty days from the date of the entry of this order to file his motion for rehearing. The mandate previously issued shall be recalled. Order entered.


EN BANC
96-KA-01291-COA

Tunstall, Chuck v. State of Mississippi DeSoto Circuit Court; LCCase #CR96319 Ruling:10/25/1996; George Ready; Disposition: Motion for rehearing denied. Order entered.


EN BANC
96-KA-01375-COA

Burtchell, Darrell Wynn a/k/a Darrell Wynn Burchell v. State of Mississippi Harrison Circuit Court 2nd District; LCCase #950079 Ruling:06/21/1995; John Whitfield; Disposition: Motion for time in which to file motion for rehearing granted. Appellant shall file his motion for rehearing on or before August 10, 1998. Order entered.


EN BANC
97-CA-00141-COA

Thompson, Alex, III v. Robert T. Love, M. D. and Delta Regional Medical Center Washington Circuit Court; LCCase #CI960032 Ruling:12/18/1996; Betty Sanders; Disposition: Motion for rehearing denied. Order entered. King, J., not participating.


EN BANC
97-KA-00592-COA

Brown, Timothy v. State of Mississippi Holmes Circuit Court; LCCase #10073 Ruling:05/05/1997; Jannie Lewis; Disposition: Motion to reconsider reasonable bail pending appeal denied. Order entered.


EN BANC
97-KA-00600-COA

O'Neal, Anthony a/k/a Anthony Petty v. State of Mississippi Lowndes Circuit Court; LCCase #95371CR Ruling:05/23/1996; Lee Howard; Disposition: Letter request to file an out of time motion for rehearing and for use of record granted. Appellant shall file his motion for rehearing within thirty days of the entry of this order. The mandate previously issued shall be recalled. Order entered.


EN BANC
98-CC-00090-COA

Russell, James D. v. Mitchell-Putnam Signs and Insurance Company of North America Lauderdale Circuit Court; LCCase #97CV190 Ruling:01/06/1998; Robert Bailey; Disposition: Joint Motion to remand to the Mississippi Workers' Compensation Commission for settlement purposes granted and the matter is remanded. The parties are directed to notify this Court within forty-five days any Disposition: of this matter in the Commission and, if appropriate, to file a motion to dismiss the appeal of this matter. Order entered.


EN BANC
96-CC-01299-COA

City of Laurel and Mississippi Municipal Workers' Compensation Group v. David A. Blackledge Jones Circuit Court 2nd District; LCCase #96564 Ruling:09/18/1996; Billy Landrum; CONSOLIDATED WITH: 98-CC-00446-COA City of Laurel and Mississippi Municipal Workers' Compensation Group v. David A. Blackledge Jones Circuit Court 2nd District; LCCase #96564 Ruling:03/09/1998; Billy Landrum; Disposition: Motion to consolidate granted. The record in cause number 96-CC-01299 shall be consolidated with and made part of the matter on appeal. Order entered.