Hand Down Lists
August 12, 1997
JAMES E. THOMAS, PRESIDING JUDGE:
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95-KP-00623-COA
Yarbro, Thomas a/k/a Tommy Yarbro v. State of Mississippi
Appeal No. 4755 from Judgment dated MARCH 31, 1995, Rankin County Circuit Court; The judgment of the Rankin County Circuit Court of conviction on Count I of rape of a child under the age of fourteen and sentence of thirty-seven years; Count II of rape of a child under the age of fourteen years and sentence of thirty-seven years; Count IV of sexual battery and sentence of thirty years; and Count VI of rape of a stepchild and sentence of ten years, with sentences to run consecutively for a total of one hundred fourteen years, all in the custody of the Mississippi Department of Corrections, is affirmed. All costs are assessed to Rankin County
JAMES E. THOMAS, PRESIDING JUDGE
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95-KA-01264-COA
Triplett, Willie a/k/a William James Tripplett, a/k/a Willie Tripplett v. State of Mississippi
Appeal No. 950050 from Judgment dated OCTOBER 20, 1995, Sunflower County Circuit Court; The judgment of the Sunflower County Circuit Court of possession of cocaine with the intent to transfer and sentence of ten years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are taxed to appellant
JAMES E. THOMAS, PRESIDING JUDGE
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95-KA-01302-COA
Brown, William v. State of Mississippi
Appeal No. 4902 from Judgment dated NOVEMBER 03, 1995, Winston County Circuit Court; The judgment of the Winston County Circuit Court of possession of cocaine and sentence of three years is reversed and remanded. All costs of this appeal are assessed to Winston County
MARY LIBBY PAYNE, JUDGE
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95-KA-00441-COA
Rankin, Charles Edward a/k/a Boom v. State of Mississippi
Appeal No. 2902 from Judgment dated MARCH 24, 1995, Jefferson County Circuit Court; The judgment of the Circuit Court of Jefferson County of conviction for the sale of cocaine and sentence of thirty years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are taxed to the appellant
MARY LIBBY PAYNE, JUDGE
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95-KA-00746-COA
Hoda, Mark Dempsey v. State of Mississippi
Appeal No. 7965 from Judgment dated MARCH 29, 1995, Hancock County Circuit Court; The judgment of the Circuit Court of Hancock County of conviction of the sale of cocaine and sentence of ten years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are taxed to Hancock County. Thomas, P.J., not participating
MARY LIBBY PAYNE, JUDGE
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95-KA-01323-COA
Wells, Gregory a/k/a One O'Clock v. State of Mississippi
Appeal No. 94597CR from Judgment dated DECEMBER 01, 1995, Lowndes County Circuit Court; The judgment of the Circuit Court of Lowndes County of conviction on Count I of burglary of an occupied dwelling and sentence of seven (7) years; Count II of rape and sentence of twenty-five (25) years to run consecutively to sentence in Count I; Count III of sexual battery and sentence of twenty (20) years to run concurrently to sentence in Count II, all in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are taxed to Lowndes County
MARY LIBBY PAYNE, JUDGE
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96-CA-00051-COA
Dodson, Troy, The Sole Wrongful Death Beneficiary of Christy E. Massie, Deceased, and the Estate of Christy E. Massie, Deceased, by and through Jennifer Hanson, Administratrix of the Estate of Christy E. Massie, Deceased v. General Motors Corporation
Appeal No. 95070CV from Judgment dated JANUARY 08, 1996, Lowndes County Circuit Court; The judgment of the Lowndes County Circuit Court is affirmed. All costs of this appeal are taxed to the appellants. Coleman, J., dissents with separate written opinion joined by Bridges, C.J., Thomas, P.J., Diaz and King, JJ.
ROGER H. MCMILLIN, JR., PRESIDING JUDGE
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94-KA-00769-COA
Chase, Marshel a/k/a Marshel Ervin Chase v. State of Mississippi
Appeal No. CR93131 from Judgment dated JULY 01, 1994, Prentiss County Circuit Court; The judgment of the Prentiss County Circuit Court is reversed, and this cause is remanded for proceedings consistent with this opinion. Costs of this appeal are assessed to Prentiss County. Payne, J., concurs in part and dissents in part with separate written opinion
ROGER H. MCMILLIN, JR., PRESIDING JUDGE
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95-KA-00471-COA
Sipp, Sammie a/k/a Sammy Lee Sipp v. State of Mississippi
Appeal No. 9410434 from Judgment dated FEBRUARY 24, 1995, Jackson County Circuit Court; The judgment of the Circuit Court of Jackson County of conviction of burglary of a dwelling and sentence to seven years without the benefit of parole in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are taxed to Jackson County
ROGER H. MCMILLIN, JR., PRESIDING JUDGE
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95-KA-00823-COA
Bullins, Willie L. a/k/a "Stomper" v. State of Mississippi
Appeal No. 8409 from Judgment dated JULY 14, 1995, Coahoma County Circuit Court; The judgment of the Circuit Court of Coahoma County of conviction of Willie L. Bullins as a habitual offender of Counts I and II of murder and sentence of life for each count and Count III of aggravated assault and sentence of twenty years in the custody of the Mississippi Department of Corrections is affirmed. The sentence in Count I is to run consecutively to any and all sentences previously imposed, and the sentences in Counts II and III are to run consecutively to Count I. Costs of this appeal are assessed to Coahoma County
ROGER H. MCMILLIN, JR., PRESIDING JUDGE
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95-KA-01076-COA
Thames, Donnell v. State of Mississippi
Appeal No. 4863 from Judgment dated SEPTEMBER 15, 1995, Rankin County Circuit Court; The judgment of the Rankin County Circuit Court of conviction of possession of a controlled substance with intent to deliver and sentence to life in the custody of the Mississippi Department of Corrections as a habitual offender is affirmed. Costs of this appeal are assessed to the appellant, Donnell Thames
LESLIE D. KING, JUDGE
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96-CA-00543-COA
Johnigan, James and Shaquayla Shalon Donald, A Minor, By and Through Her Next Friend, James Johnigan v. Eartha Tisdale and Sam Tisdale
Appeal No. 950038 from Judgment dated APRIL 16, 1996, Kemper County Chancery Court; The judgment of the Kemper County Chancery Court is reversed and remanded for proceedings not inconsistent with this opinion. Costs are assessed against the appellees
LESLIE D. KING, JUDGE
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95-KA-00434-COA
Doss, Jerry Lynn a/k/a Jerry Lee Doss a/k/a "Lynn" v. State of Mississippi
Appeal No. 2909 from Judgment dated MARCH 24, 1995, Jefferson County Circuit Court; The judgment of conviction of the Circuit Court of Jefferson County of unlawful sale of cocaine and sentence of 30 years in the custody of the Mississippi Department of Corrections is affirmed. Costs are assessed to the appellant
B. GREG HINKEBEIN, JUDGE
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95-KA-00267-COA
Brumfield, Lee Roy v. State of Mississippi
Appeal No. 17248 from Judgment dated AUGUST 24, 1994, Forrest County Circuit Court; The judgment of the Forrest County Circuit Court of conviction of two counts of aggravated assault and sentence of twenty (20) years each to run consecutive with each other in the custody of the Mississippi Department of Corrections is affirmed. Costs are assessed against Forrest County
B. GREG HINKEBEIN, JUDGE
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95-CA-00786-COA
Pope, Edward v. Southern Security Life Insurance Company, Inc. and King T. Evans, Sr.
Appeal No. 9112208 from Judgment dated JANUARY 05, 1995, Washington County Circuit Court; The judgment of the Circuit Court of Washington County is affirmed in part and reversed and remanded in part for new trial in accordance with this opinion. The judgment of the Circuit Court as to actual damages against Evans and punitive damages against Southern Security is affirmed. Costs are to be divided equally between the appellant, Pope, and the appellees, Evans and Southern Security
JAMES H. HERRING, JUDGE
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95-CA-01340-COA
Searcy, Tony V. and Kathy A. Searcy v. Leech Real Estate, Inc. and W. W. Shows
Appeal No. 144650 from Judgment dated NOVEMBER 16, 1995, Hinds County Chancery Court, First Judicial District; The judgment of the Chancery Court of Hinds County is affirmed with regard to the summary judgment rendered in favor of the real estate broker, Leech Real Estate, Inc., and reversed and remanded with regard to the real estate appraiser, W.W. Shows, for further proceedings consistent with the opinion. All costs of this appeal are taxed equally between the appellants and the appellee, Shows
JAMES H. HERRING, JUDGE
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95-KA-01266-COA
Anderson, Bobby Ray v. State of Mississippi
Appeal No. 8029 from Judgment dated AUGUST 02, 1995, Hancock County Circuit Court; The judgment of the Circuit Court of Hancock County of conviction of sexual battery and sentence of twenty-four years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are taxed to Hancock County. Thomas, P.J., not participating
JAMES H. HERRING, JUDGE
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95-CA-00551-COA
Catledge, William E. v. Donald Simmons
Appeal No. 12923863 from Judgment dated NOVEMBER 18, 1994, Forrest County Circuit Court; The judgment of the Circuit Court of Forrest County granting summary judgment and damages to appellee is reversed. This cause of action is remanded to the Circuit Court of Forrest County for a full trial on the merits consistent with this opinion. All costs are to be taxed to the appellee
OLIVER E. DIAZ, JR., JUDGE
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94-KA-00994-COA
Penton, Jr., Edward Eugene v. State of Mississippi
Appeal No. 6691 from Judgment dated JUNE 20, 1991, Harrison County Circuit Court, Second Judicial District; The judgment of the Circuit Court of Harrison County of sexual battery on a child under fourteen years of age and sentence to serve twenty years in the custody of the Mississippi Department of Corrections is affirmed. Costs of this appeal are assessed to Harrison County. Thomas, P.J., and Coleman, J., not participating
OLIVER E. DIAZ, JR., JUDGE
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95-CA-00437-COA
Freeman, Tory, an Individual, and Empire Gas of Bay Springs, Mississippi, Inc. v. Huseman Oil International, Inc
Appeal No. 40444 from Judgment dated APRIL 05, 1995, Adams County Chancery Court; The judgment of the Adams County Chancery Court awarding Huseman Oil $72,000 in damages is affirmed. Costs of this appeal are assessed to appellants. Statutory penalties and interest are awarded. McMillin, P.J., dissents with separate written opinion joined by Thomas, P.J., Payne and Southwick, JJ. Herring and Hinkebein, JJ., not participating
OLIVER E. DIAZ, JR., JUDGE
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95-CA-00946-COA
Whitt, Patsy M. v. Mississippi Methodist Hospital and Rehabilitation Center, Inc.
Appeal No. 154215 from Judgment dated AUGUST 14, 1995, Hinds County Chancery Court, First Judicial District; The judgment of the Hinds County Chancery Court is affirmed. Costs of this appeal are taxed to the appellant. Herring, J., not participating
EN BANC
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93-KA-00856-COA
Clemons, Danyel L. v. State of Mississippi
Appeal No. 8222 from Judgment dated JULY 20, 1993, Neshoba County Circuit Court; The petition for rehearing filed by the State of Mississippi is hereby granted. The previous opinions are withdrawn and these opinions are substituted therefor. The judgment of the Neshoba County Circuit Court of conviction of murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are taxed to Clemons. Thomas, P.J., Bridges, C.J., McMillin, P.J., Payne, and Southwick, JJ., concur. King, J., dissents with separate written opinion joined by Coleman and Diaz, JJ. Herring and Hinkebein, JJ., not participating
EN BANC
94-KA-00354-COA
Hanks, Michael Patrick v. State of Mississippi
Appeal No. 921453 from Judgment dated DECEMBER 07, 1992, Hinds County Circuit Court, First Judicial District; DISPOSITION - Motion for rehearing denied. order entered. Hinkebein, J., not participating
EN BANC
94-KA-00855-COA
Avera, Jimmy Lee v. State of Mississippi
Appeal No. 27247 from Judgment dated JANUARY 13, 1994, Harrison County Circuit Court, First Judicial District; DISPOSITION - Motion for rehearing denied. Order entered. Thomas, P.J., Hinkebein and Payne, JJ., not participating
EN BANC
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94-KA-00951-COA
Davis, Jr., Louis v. State of Mississippi
Appeal No. 7813 from Judgment dated JULY 07, 1994, Hancock County Circuit Court; The Hancock County Circuit Court's judgment of the appellant's guilt of the sale of a Schedule II controlled substance, cocaine, and its sentence of the appellant to serve thirty years in the custody of the Mississippi Department of Corrections as a habitual offender in accordance with Section 99-19-81 of the Mississippi Code (Rev. 1994) are affirmed. Costs of this appeal are taxed to Hancock County. Thomas, P.J., not participating
EN BANC
94-KA-01093-COA
Tallie, Jessie a/k/a Jessie James Tallie v. State of Mississippi
Appeal No. 7093 FROM judgment dated October 1,1994, Clay County Circuit Court; DISPOSITION - Motion for rehearing denied. Order entered
EN BANC
94-KA-01114-COA
Rogers, John a/k/a John B. Rogers a/k/a Billy Joe v. State of Mississippi
Appeal No. 13180 from Judgment dated OCTOBER 25, 1994, Oktibbeha County Circuit Court; DISPOSITION - Appellant's motion for rehearing dismissed as untimely filed. Order entered
EN BANC
95-CA-00313-COA
Williams, Jennie v. Goodin and Moody Construction Company, Inc.
Appeal No. 8197 from Judgment dated FEBRUARY 23, 1995, Noxubee County Circuit Court; DISPOSITION - Motion for rehearing denied. Order entered. Hinkebein, J., not participating
EN BANC
95-KA-00472-COA
Hardiman, Robin a/k/a Robin Holland and Atari Holland a/k/a Atari Hardiman v. State of Mississippi
Appeal No. 7175 from Judgment dated APRIL 21, 1995, Montgomery County Circuit Court; DISPOSITION - Appellants' motion for rehearing denied. Order entered. State's motion for rehearing denied. Order entered
EN BANC
95-KA-00720-COA
Moore, Freddie Lee v. State of Mississippi
Appeal No. 8124 from Judgment dated JUNE 02, 1995, Bolivar County Circuit Court, Second Judicial District; DISPOSITION - Motion for rehearing denied. Order entered
EN BANC
95-KA-00756-COA
Greer, Lugene v. State of Mississippi
Appeal No. 7593 from Judgment dated APRIL 13, 1995, Yazoo County Circuit Court; DISPOSITION - Motion for rehearing denied. Order entered
EN BANC
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95-KA-00941-COA
Rico, Lee a/k/a William Lee Rico v. State of Mississippi
Appeal No. 4262 from Judgment dated AUGUST 07, 1995, Webster County Circuit Court; The judgment of the Circuit Court of Webster County is affirmed. Costs of this appeal are taxed to the appellant
EN BANC
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96-KA-00169-COA
Clark, Curtis a/k/a Curtis Edward Clark v. State of Mississippi
Appeal No. 8831 from Judgment dated JANUARY 26, 1996, Coahoma County Circuit Court; The judgment of the Circuit Court of Coahoma County of conviction on Count I of armed robbery and sentence of thirty years to run consecutively to any sentence previously imposed, without the possibility of parole; Count II of rape and sentence of thirty years to run consecutively to Count I; Count III of grand larceny and sentence of five years to run consecutively to Count II, all to be served in the custody of the Mississippi Department of Corrections, is affirmed. All costs of appeal are assessed to Coahoma County
EN BANC
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96-KA-00240-COA
Brown, Willie M.a/k/a Willie Marzett Brown v. State of Mississippi
Appeal No. 08495 from Judgment dated JANUARY 31, 1996, Lauderdale County Circuit Court; The judgment of the Circuit Court of Lauderdale County of conviction of delivery of cocaine and sentence of sixty years in the custody of the Mississippi Department of Corrections without suspension, reduction, probation or parole is affirmed. The costs of appeal are assessed to Lauderdale County
PER CURIAM
94-KA-00137-COA
Bogan, Larry v. State of Mississippi
Appeal No. OK93021 from judgment dated February 3, 1994, Chickasaw County Circuit Court; Appellant's Motion for bond dismissed without prejudice to allow Bogan to seek relief from the Mississippi Supreme Court pending disposition of the petition for certiorari. Order entered
PER CURIAM
95-KA-00124-COA
iggins, Patrick a/k/a Patrick J. Higgins a/k/a Patrick Joseph Higgins v. State of Mississippi
Appeal No. 11703 from Judgment dated DECEMBER 19, 1994, Warren County Circuit Court; DISPOSITION - Motion to expedite consideration of appeal and/or reduce appeal bond denied. Order entered. State's motion to dismiss 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 - Motion for reconsideration of court's order denying appellant's application for release pending appeal dismissed as moot. Order entered
PER CURIAM
95-CC-00606-COA
Pearl, Mississippi, The Mayor and Board of Aldermen of the City 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 22, 1997.
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 - Motion for plain error denied. Order entered
PER CURIAM
95-KP-00816-COA
Bryant, Jr., Adolph a/k/a "Sonnyman" v. State of Mississippi
Appeal No. 3551 from Judgment dated JULY 25, 1995, Lawrence County Circuit Court; DISPOSITION - Petition for writ of mandamus denied. Order entered