Mississippi Court of Appeals

Hand Down Lists
August 20, 1996

08/20/1996 - Hand Down and published opinions in WordPerfect/ZIP format

James E. Thomas, P.J.
94-CA-01047-COA

Mashburn, William C. and Marcell Davis v. Wayne County, Mississippi Appeal No. 39322 from Judgment dated SEPTEMBER 16, 1994, Wayne County Circuit Court; DISPOSITION - Motion for Rehearing denied. Order entered.


Frank D. Barber, J.
95-KA-00096-COA

Lombardo, Fran Frierson v. State of Mississippi Appeal No. 7302 from Judgment dated DECEMBER 12, 1994, Hancock County Circuit Court; The judgment of the Circuit Court of Harrison County on change of venue from Hancock County of convictions of forgery and utterance of forgery and sentences of fifteen (15) years in each count to run concurrently in the custody of the Mississippi Department of Corrections and order to pay restitution of $200,000 is affirmed. Costs are assessed against appellant. Thomas, P.J., not participating.


Frank D. Barber, J.
95-CA-00182-COA

Simpson, Angela Anderson v. Robert Bradley Simpson Appeal No. 93220 from Judgment dated January 6, 1995, Calhoun County Chancery Court; The judgment of the Chancery Court of Calhoun County is reversed as to the award of custody of the minor child to the father and the denial of an award of separate maintenance to Angela Anderson Simpson. We remand this case for a finding on the issue of an award of attorney's fees in accordance with this opinion and for a determination of the amount of separate maintenance and child support to be awarded to Angela. Costs are taxed against the appellee. Fraiser, C.J., concurs in result only.


Billy G. Bridges, C. J.
93-KA-00956-COA

Jawara, Imo Kibwe and Robert Lewis Jones a/k/a Robert Cornelius Jones a/k/a "Mule" v. State of Mississippi Appeal No. 91105832 from Judgment dated AUGUST 18, 1993, Jackson County Circuit Court; DISPOSITION - Motion of Jawara for reconsideration of order denying the motion for additional time to file motion for rehearing denied. Order entered. Motion for Rehearing denied. Order entered. Appellant Jawara's motion to substitute counsel denied without prejudice to refile in compliance with the provisions of M.R.A.P. 46(c). Order entered.


Billy G. Bridges, P. J.
94-KA-00373-COA

Dedeaux, John Joseph v. State of Mississippi Appeal No. 7757 from Judgment dated MARCH 15, 1994, Hancock County Circuit Court; DISPOSITION - Motion for Rehearing denied. Order entered.


Leslie H. Southwick, J.
94-CA-00466-COA

Moorehead, Billy and First South Production Credit Association v. Banker's Standard Insurance Company, a Cigna Insurance Company Appeal No. 6578 from Judgment dated MARCH 15, 1994, Union County Circuit Court; DISPOSITION - Motion for Rehearing denied. Order entered. Coleman, J., not participating.


James E. Thomas, P.J.
94-CA-00605-COA

McClain, Ivadale, James David McClain and Louella Pitts v. Jones County Sheriff's Department and Forrest County Sheriff's Department Appeal No. 93682 from Judgment dated JUNE 01, 1994, Jones County Circuit Court, Second Judicial District; DISPOSITION - Motion for Rehearing denied. Order entered. Bridges, P.J., not participating.


EN BANC
94-CC-00739-COA

Frito-Lay, Inc. and National Union Fire Insurance Company v. Lillie L. Dixon a/k/a Lillie Lou Dixon Appeal No. 927385 from Judgment dated JULY 07, 1994, Hinds County Circuit Court, First Judicial District; DISPOSITION - Motion for Rehearing denied. Order entered.


James E. Thomas, P.J.
94-CA-00941-COA

Brown, Estella v. Parke-Davis, Division of Warner Lambert Company Appeal No. 37864 from Judgment dated SEPTEMBER 09, 1994, Hinds County Circuit Court, First Judicial District; DISPOSITION - Motion for Rehearing denied. Order entered. Bridges, P.J., not participating.


Frank D. Barber, J.
94-CA-00717-COA

Austin, Jr., William H., George F. Barber, III, Bill Fuller, Larry James, Ben Smith and Jimmy D. Webster, Jr. v. Sunburst Bank, H. W. Williams, and Ron Winkler Appeal No. 91127 from Judgment dated JUNE 22, 1994, DeSoto County Circuit Court; The judgment of the Circuit Court of DeSoto County is affirmed. Costs are assessed to the appellants. McMillin, J., concurs in result only. DISPOSITION - Sunburst Bank's motion to supplement granted. Order entered.


John J. Fraiser, Jr., C.J.
94-CA-01165-COA

Chapman, Patrick v. Coastal Trucking, Inc. Appeal No. 23176 from Judgment dated SEPTEMBER 30, 1994, Harrison County Chancery Court, Second Judicial District; DISPOSITION - Motion for Rehearing denied. Order entered. Thomas, P.J., not participating.


Billy G. Bridges, P. J.
95-KA-00006-COA

Hughes III, Yerby L. v. State of Mississippi Appeal No. 13494 from Judgment dated DECEMBER 22, 1994, Lauderdale County Circuit Court; DISPOSITION - Motion for Rehearing denied. Order entered.


Mary Libby Payne, J.
95-KA-00193-COA

Travis, Aaron Caray v. State of Mississippi Appeal No. 941284 from Judgment dated NOVEMBER 30, 1994, Hinds County Circuit Court, First Judicial District; DISPOSITION - Motion for Rehearing denied. Order entered.


Billy G. Bridges, P. J.
95-CC-00376-COA

American Commercial China and Liberty Mutual Insurance Company v. Susan Necaise Appeal No. 9400143 from Judgment dated MARCH 15, 1995, Harrison County Circuit Court, First Judicial District; DISPOSITION - Motion for Rehearing denied. Order entered. Thomas, P.J., not participating.


EN BANC
95-CA-00396-COA

Williams, Sr., Sterling E. v. Todd Coleman, Adjustor, and The City of Jackson, Mississippi Appeal No. G941314 from Judgment dated JANUARY 17, 1995, Hinds County Chancery Court, First Judicial District; The appeal is dismissed for lack of jurisdiction. Costs are assessed to the appellant.


Roger H. McMillin, Jr., J.
95-CC-00626-COA

Owen, M. D., William D. v. T. Steve Parvin, M. D. and the Mississippi State Board of Medical Licensure Appeal No. G941844 from Judgment dated JUNE 07, 1995, Hinds County Chancery Court, First Judicial District; DISPOSITION - Motion for Rehearing denied. Order entered.


Leslie D. King, J.
93-CA-01021-COA

Harris, Elisa Terrell v. Paul Joseph Harris Appeal No. 58260 from Judgment dated JULY 21, 1993, Jackson County Chancery Court; DISPOSITION - Appellant's Motion for continuance granted. Order entered.


Leslie D. King, J.
93-CA-01373-COA

Bennett, Robert A. and wife, Mary Alice Bennett v. Sawyer Real Estate, Inc. of Mississippi, Lenwood S. Sawyer, Jr., Real Estate Broker and Waffle House, Inc., A Georgia Corporation Appeal No. 18801 from judgement dated October 25, 1993, Harrison County Chancery Court, Second Judicial District; DISPOSITION - Motion for withdrawal of Robert P. Myers, Jr. as counsel for Waffle House and Ben E. Sheely substituted therefor granted. Order entered.


Frank D. Barber, J.
94-KA-00837-COA

Harris, Roger B. v. State of Mississippi Appeal No. 94118 from judgment dated August 2, 1994, Hinds County Circuit Court, First Judicial District; DISPOSITION - Motion to stay pending motion for rehearing and petition for writ of certiorari and motion for bond pending motion for rehearing dismissed as moot. Order entered.


James E. Thomas, P.J.
93-KA-00167-COA

Johnson, Jimmy Lee v. State of Mississippi Appeal No. 22111 from Judgment dated JANUARY 21, 1993, Leflore County Circuit Court; The judgment of the Circuit Court of Leflore County of conviction of attempted sexual battery and sentence of twenty years in the custody of the Mississippi Department of Corrections is affirmed. Costs of appeal are taxed to Leflore County. Fraiser, C.J., not participating.


Thomas A. Coleman, J.
94-CC-00903-COA

McCrary, Robert E. v. Mississippi Employment Security Commission, the University of Southern Mississippi and UCCS Appeal No. 6934032 from Judgment dated JUNE 28, 1994, Forrest County Circuit Court; The decision of the Circuit Court of Forrest County affirming the Mississippi Employment Security Commission's decision to deny appellant unemployment benefits on the ground of misconduct is affirmed. Costs are assessed to the appellant.


Leslie H. Southwick, J.
92-KA-00976-COA

Hickson, Brian Clayton v. State of Mississippi Appeal No. 7697 from Judgment dated AUGUST 20, 1992, Jones County Circuit Court, Second Judicial District; The judgment of conviction of the Jones County Circuit Court for the Second Judicial District of sexual battery and sentence of thirty (30) years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are taxed to the appellant.


Leslie H. Southwick, J.
93-KA-00193-COA

Adams, Devon v. State of Mississippi Appeal No. 2087M from Judgment dated FEBRUARY 22, 1993, Choctaw County Circuit Court; The judgment of the Choctaw County Circuit Court is reversed and this case is remanded for proceedings consistent with this opinion. All costs of this appeal are taxed to Choctaw County.


Leslie H. Southwick, J.
94-CA-00180-COA

Ryals, James O. v. Dr. J. W. Patch Appeal No. 16904 from Judgment dated DECEMBER 09, 1993, Rankin County Circuit Court; The judgment of the Rankin County Circuit Court is affirmed. All costs of this appeal are taxed to the appellant. Bridges, P.J., not participating.


Leslie H. Southwick, J.
95-CA-00501-COA

Pickett, Christopher Edward v. Deborah Lynn Gordon Pickett Appeal No. 94187 from Judgment dated APRIL 07, 1995, DeSoto County Chancery Court; The judgment of the DeSoto County Chancery Court of divorce is affirmed; the remainder of the judgment is reversed and this case remanded for proceedings consistent with this opinion. Costs of this appeal are taxed equally to the parties. Payne, J., concurring in part and dissenting in part by separate written opinion. Barber, J., joins in the concurring in part.


Leslie H. Southwick, J.
95-CA-00544-COA

Williams, Freddie v. Edward Hargett, Superintendent, Mississippi State Penitentiary; Christopher Epps, Director, Offender Services, Mississippi State Penitentiary; and Earl Jackson, Case Manager Supervisor of Area V, Mississippi State Penitentiary Appeal No. 950038 from Judgment dated APRIL 24, 1995, Sunflower County Circuit Court; The judgment of the Sunflower County Circuit Court is affirmed. All costs assessed to Sunflower County.


Leslie H. Southwick, J.
95-KA-00742-COA

Tornes, Charles a/k/a Charles Tornes, Jr. a/k/a "Bootsie" v. State of Mississippi Appeal No. 924345CR from Judgment dated MAY 08, 1995, Hinds County Circuit Court, First Judicial District; The judgment of the Circuit Court of Hinds County of conviction of aggravated assault with a deadly weapon and sentence of twenty (20) years in the custody of the Misssissippi Department of Corrections, with five (5) years suspended and five (5) years under supervised probation, is affirmed and all costs of this appeal are taxed to Hinds County.


Leslie H. Southwick, J.
95-KA-00864-COA

Nix, Charles Finley v. State of Mississippi Appeal No. CR9511 from Judgment dated AUGUST 08, 1995, Tate County Circuit Court; The judgment of the Tate County Circuit Court of failure to pay child support and sentence of two years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are taxed to Tate County. DISPOSITION - Motion of appellant to supplement the record is denied. Order entered.


Leslie H. Southwick, J.
95-CA-00955-COA

Smith, Billy W. v. Zena Faye Phillips Smith Appeal No. 950225 from Judgment dated AUGUST 16, 1995, Prentiss County Chancery Court; The judgment of the Chancery Court of Prentiss County is reversed and remanded for proceedings consistent with this opinion. The costs are assessed equally to the parties.


Frank D. Barber, J.
94-KA-00470-COA

Bradley, Lloyd a/k/a Lloyd James Bradley a/k/a Floyd James Bradley a/k/a "Kilos" a/k/a Lloyd James Tally v. State of Mississippi Appeal No. 1616 from Judgment dated FEBRUARY 25, 1992, Stone County Circuit Court; The judgment of the Circuit Court of Stone County of conviction of aggravated assault and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections is affirmed. Costs are assessed against Stone County. Thomas, P.J., not participating.


Thomas A. Coleman, J.
94-KA-01076-COA

Bailey, Alexander Issac a/k/a A. I. Bailey v. State of Mississippi Appeal No. 93485CR1 from Judgment dated AUGUST 17, 1994, Lowndes County Circuit Court; The Lowndes County Circuit Court's judgment of the appellant's guilt of the crime of sexual battery and its sentence to a term of ten years in the Mississippi Department of Corrections are affirmed. Costs are assessed to Lowndes County.


Billy G. Bridges, C. J.
94-CA-00729-COA

Massey, Cleaster, Candies Cotton, John D. Gillespie and Mary Thomas Gillespie v. Illinois Central Railroad Company Appeal No. 9212604 from Judgment dated JUNE 13, 1994, Leflore County Circuit Court; The judgment of the Leflore County Circuit Court is affirmed. All costs of this appeal are taxed to the appellants. Fraiser, C.J., not participating.


Billy G. Bridges, C. J.
95-CA-00042-COA

Smith, Patrysha Tewhill v. Sydney Allen Smith Appeal No. 94369 from Judgment dated DECEMBER 21, 1994, Harrison County Chancery Court, First Judicial District; The decree of the Chancery Court of Harrison County is affirmed. All costs of this appeal are assessed to the appellant. Barber, J., concurs with separate written opinion, joined by Payne, J. Thomas, P.J., and Coleman, J., not participating.


Billy G. Bridges, C. J.
95-KA-00214-COA

Watts, Albert James v. State of Mississippi Appeal No. 7457 from Judgment dated JANUARY 11, 1995, Clarke County Circuit Court; The judgment of the Clarke County Circuit Court of conviction of delivery of cocaine and sentence as a habitual offender to life in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are taxed to Clarke County.


Billy G. Bridges, C. J.
95-KA-00431-COA

Culpepper, James v. State of Mississippi Appeal No. 9012 from Judgment dated APRIL 18, 1995, Jones County Circuit Court, Second Judicial District; The judgment of the Jones County Circuit Court of conviction of grand larceny and sentence of five (5) years as a habitual offender in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are taxed to Jones County.


Billy G. Bridges, C. J.
95-CC-00702-COA

Mississippi Employment Security Commission v. Shirley M. Roberts Appeal No. 950024 from Judgment dated JUNE 21, 1995, Holmes County Circuit Court; The judgment of the Circuit Court of Holmes County is reversed and judgment is rendered for the Mississippi Employment Security Commission and Goodman B.P. Station. All costs of this appeal are taxed to Shirley M. Roberts.


Billy G. Bridges, C. J.
95-CA-00836-COA

Watson, Jr., Wheeler C. v. Mabeth Golson Watson Appeal No. 30203 from Judgment dated JULY 18, 1995, Monroe County Chancery Court; The judgment of the Chancery Court of Monroe County is affirmed. All costs of this appeal are taxed to the appellant.


Frank D. Barber, J.
93-KA-00470-COA

Carpenter, Harvey Lee v. State of Mississippi Appeal No. 14292 from Judgment dated FEBRUARY 26, 1993, Lauderdale County Circuit Court; The judgment of the Lauderdale County Circuit Court of conviction of murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections is affirmed. Costs are assessed against Lauderdale County.