Mississippi Court of Appeals

Hand Down Lists
August 17, 1999

08/17/1999 - Hand Down and published opinions in WordPerfect/ZIP format

Payne, Mary Libby
X 98-KP-00084-COA

White, Michael a/k/a Michael E. White v. State of Mississippi Copiah Circuit Court; LC Case#: 15122; Ruling Date: 11/06/1997; Ruling Judge: Lamar Pickard; Majority Opinion:Payne, J.; Disposition: The judgment of the Copiah County Circuit Court of conviction of sale of cocaine in a church zone and sentence of sixty years in the custody of the Mississippi Department of Corrections is affirmed in part and reversed and remanded in part. Copiah County taxed with costs of appeal.; Votes: McMillin, C.J., King, P.J., Bridges, J., Diaz, J., Irving, J., Lee, J., Thomas, J., Concur. Southwick, P.J., Concurs in result only. Moore, J., Not Participating.


Payne, Mary Libby
X 1998-KA-01158-COA

Danner, Preston v. State of Mississippi Monroe Circuit Court; LC Case#: 98033; Ruling Date: 06/23/1998; Ruling Judge: Barry Ford; Majority Opinion:Payne, J.; Disposition: The judgment of the Monroe County Circuit Court of the sale of cocaine and sentence of twenty years with ten years suspended in the custody of the Mississippi Department of Corrections and fine of $5,000 with $4,000 suspended is affirmed. Monroe County taxed with costs of appeal.; Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Diaz, J., Irving, J., Lee, J., Moore, J., Thomas, J., Concur.


Diaz, Oliver E., Jr.
XX 98-KA-00740-COA

Hopson, Alvis a/k/a Alvis Joe Hopson a/k/a Alvis Joe Hobson v. State of Mississippi Lafayette Circuit Court; LC Case#: 97065; Ruling Date: 04/08/1998; Ruling Judge: Henry Lackey; Majority Opinion:Diaz, J.; Disposition: The judgment of the Lafayette County Circuit Court of conviction of sexual battery with a sentence of fifteen years with five years suspended and ten years to serve in the custody of the Mississippi Department of Corrections is affirmed. Lafayette County taxed with costs of appeal.; Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Lee, J., Payne, J., Thomas, J., Concur. Moore, J., Not Participating. Dissenting Opinion:Irving, J.


Bridges, Billy G.
X 98-CA-00117-COA

Stark, Wendy Lee Werner Atkins Anderson v. David Michael Anderson Jackson Chancery Court; LC Case#: 940366; Ruling Date: 12/18/1997; Ruling Judge: William Myers; Majority Opinion:Bridges, J.; Disposition: The judgment of the Jackson County Chancery Court is affirmed. Appellant taxed with costs of appeal.; Votes: McMillin, C.J., King, P.J., Southwick, P.J., Diaz, J., Irving, J., Lee, J., Moore, J., Payne, J., Thomas, J., Concur.


Bridges, Billy G.
X 98-KA-00430-COA

Smith, Gerry L. v. State of Mississippi Grenada Circuit Court; LC Case#: 7448; Ruling Date: 02/05/1998; Ruling Judge: Joseph Loper, Jr.; Majority Opinion:Bridges, J.; Disposition: The judgment of the Circuit Court of Grenada County of conviction of commercial burglary and sentence of seven years in the custody of the Mississippi Department of Corrections is affirmed. Sentence imposed to run consecutively to sentence previously imposed. Grenada County taxed with costs of appeal.; Votes: McMillin, C.J., King, P.J., Southwick, P.J., Diaz, J., Irving, J., Lee, J., Moore, J., Payne, J., Thomas, J., Concur.


Bridges, Billy G.
X 1998-CA-01189-COA

Davis, William E. v. Lee Patrick Smith, Dwight O'Neal, Ameristar Casino Vicksburg, Inc. and Larry Burns Warren Circuit Court; LC Case#: 970060CI; Ruling Date: 05/14/1998; Ruling Judge: Frank Vollor; Majority Opinion:Bridges, J.; Disposition: The judgment of the Warren County Circuit Court granting summary judgment to the Appellees is affirmed. Appellant taxed with costs of appeal.; Votes: McMillin, C.J., King, P.J., Southwick, P.J., Diaz, J., Irving, J., Lee, J., Moore, J., Payne, J., Thomas, J., Concur.


Bridges, Billy G.
X 1998-KA-01841-COA

Hines, Cecil Henry v. State of Mississippi Coahoma Circuit Court; LC Case#: 9292; Ruling Date: 02/11/1998; Ruling Judge: Elzy Smith, Jr.; Majority Opinion:Bridges, J.; Disposition: The judgment of the Circuit Court of Coahoma County of Count I conviction of murder and sentence to a term of life imprisonment; Count II conviction of taking possession of a motor vehicle and sentence of five years; Count III conviction of possession of a firearm by a felon and sentence of three years in the custody of the Mississippi Department of Corrections to be served concurrently is affirmed. Coahoma County taxed with costs of appeal.; Votes: McMillin, C.J., King, P.J., Southwick, P.J., Diaz, J., Irving, J., Lee, J., Moore, J., Payne, J., Thomas, J., Concur.


King, Leslie D.
X 1998-KA-01139-COA

Anderson, Cedric a/k/a Cedric S. Anderson a/k/a Cedric Stephens Anderson v. State of Mississippi Adams Circuit Court; LC Case#: 11204; Ruling Date: 03/26/1998; Ruling Judge: Forrest Johnson; Majority Opinion:King, P.J.; Disposition: The judgment of the Adams County Circuit Court of conviction of sale of cocaine within a church zone and sentence of twenty five years in the custody of the Mississippi Department of Corrections, said sentence to run concurrent to the sentence in Cause Number 9871 of the Circuit Court of Adams County, is affirmed. Adams County taxed with costs of appeal.; Votes: McMillin, C.J., Southwick, P.J., Bridges, J., Diaz, J., Irving, J., Lee, J., Moore, J., Payne, J., Thomas, J., Concur.


McMillin, Roger H., Jr.
XX 98-CA-00644-COA

McVeay, Walter L. a/k/a Walter Lawrence McVeay v. State of Mississippi Jackson Circuit Court; LC Case#: 9510490; Ruling Date: 03/18/1998; Ruling Judge: Edwin Hardin; Majority Opinion:McMillin, C.J.; Disposition: The judgment of the Circuit Court of Jackson County is affirmed in part and reversed and remanded in part for an evidentiary hearing on the issue of whether appellant's defense counsel's performance in allegedly failing to advise appellant concerning possible violation of his constitutional right to a speedy trial was so deficient as to entitle appellant to withdraw his plea of guilty and proceed appropriately with a defense to the merits of the indictment. Jackson County taxed with costs of appeal.; Votes: King, P.J., Southwick, P.J., Diaz, J., Irving, J., Payne, J., Concur. Moore, J., Not Participating. Dissenting Opinion:Bridges, J.; Votes: Lee, J., Thomas, J., Join.


EN BANC
97-CA-00291-COA

Folse, Glenn v. Paula N. Stennett-Yancey Lauderdale Circuit Court; LC Case#: 96CV134; Ruling Date: 01/29/1997; Ruling Judge: Robert Bailey; Disposition: Appellee's Motion for Rehearing is denied. McMillin, C.J., Southwick, P.J. would grant. Irving, Lee, Payne, JJ., not participating.


EN BANC
97-CA-00739-COA

Rafferty, Lisa Marie Fry Perkins v. Vernon Wayne Perkins, Jr. and Gerald F. Easter DeSoto Chancery Court; LC Case#: 9391187; Ruling Date: 04/07/1997; Ruling Judge: Percy Lynchard, Jr.; Disposition: Appellant's Motion for Rehearing is denied. Irving, J., would grant.


EN BANC
X 97-KA-00940-COA

Milliorn, Patrick Michael v. State of Mississippi Scott Circuit Court; LC Case#: 4665; Ruling Date: 06/19/1997; Ruling Judge: Marcus Gordon; Majority Opinion:Southwick, P.J.; Disposition: The original opinion is withdrawn and this opinion substituted on rehearing. The judgment of the Circuit Court of Scott County of possession of more than one kilogram of marijuana with intent to distribute and sentence of twenty-five years in the custody of the Mississippi Department of Corrections and fine of $20,000 is affirmed. Sentence to run consecutively to any previous sentences. Appellant taxed with costs of appeal.; Votes: McMillin, C.J., King, P.J., Bridges, J., Diaz, J., Lee, J., Payne, J., Thomas, J., Concur. Irving, J., Concurs in result only. Moore, J., Not Participating.


EN BANC
97-CC-01347-COA

Bowen, Roger v. City of Holly Springs, Mississippi and Mississippi Municipal Workers' Compensation Commission Marshall Circuit Court; LC Case#: M97334; Ruling Date: 10/02/1997; Ruling Judge: R. Coleman; Disposition: Appellant's Motion for Rehearing is denied.


EN BANC
97-CA-01378-COA

IN THE MATTER OF THE ESTATE OF BREWER, ROCKY ROBERT, DECEASED: Barbara Balsara, Administratrix of the Estate of Rocky Robert Brewer, Deceased v. Tanja Adams Rankin Chancery Court; LC Case#: 42214; Ruling Date: 10/01/1997; Ruling Judge: Thomas Zebert; Disposition: Appellee's Motion for Rehearing is denied.


EN BANC
97-CA-01507-COA

Mississippi Gaming Commission, Pat Strachan and Gary Crocker v. Lindon Baker Tishomingo Circuit Court; LC Case#: 96136; Ruling Date: 10/28/1997; Ruling Judge: Frank Russell; Disposition: Appellants' Motion for Rehearing is denied. McMillin, C. J. and Southwick, P.J., would grant.


EN BANC
97-KA-01521-COA

Moore, Donald Bernard a/k/a "Donmoe" v. State of Mississippi Jones Circuit Court 2nd District; LC Case#: 10057; Ruling Date: 10/16/1997; Ruling Judge: Billy Landrum; Disposition: Appellant's Motion for Rehearing is denied.


EN BANC
X 98-KA-00314-COA

Goree, Tommy a/k/a Tommy James Goree a/k/a Joe Worm a/k/a "Gee Tee" v. State of Mississippi Lauderdale Circuit Court; LC Case#: 43597; Ruling Date: 02/20/1998; Ruling Judge: Larry Roberts; Majority Opinion:McMillin, C.J.; Disposition: The judgment of the Circuit Court of Lauderdale County is reversed and remanded for a new trial. Lauderdale County taxed with costs of appeal.; Votes: King, P.J., Southwick, P.J., Bridges, J., Diaz, J., Irving, J., Lee, J., Moore, J., Payne, J., Thomas, J., Concur.