Mississippi Court of Appeals

Hand Down Lists
August 20, 2002

08/20/2002 - Hand Down and published opinions in WordPerfect/ZIP format

Irving, Tyree
X 2000-KA-02012-COA

Johnson, Terry T. a/k/a Terry Tyrone Johnson v. State of Mississippi Hinds Circuit Court 1st District; LC Case#: 94-3-292; Ruling Date: 10/23/2000; Ruling Judge: Tomie Green; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of the First Judicial District of Hinds County of conviction of rape of a child under fourteen years of age and sentence of thirty-six years in the custody of the Mississippi Department of Corrections with two years post-release supervised probation is affirmed. Hinds County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Thomas, J., Lee, J., Myers, J., Chandler, J., Brantley, J., Concur.


Lee, L. Joseph
X 2001-KA-00226-COA

Harley, Clifton Lee v. State of Mississippi Hinds Circuit Court 1st District; LC Case#: 99-0-306-04; Ruling Date: 12/13/2000; Ruling Judge: Tomie Green; Majority Opinion: Lee, J. Disposition: The judgment of the Hinds County Circuit Court of conviction of aggravated assault and sentence to serve twenty years in the custody of the Mississippi Department of Corrections is affirmed. Hinds County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Thomas, J., Myers, J., Chandler, J., Brantley, J., Concur. Irving, J., Concurs in result only.


Lee, L. Joseph
XX 2001-CA-00568-COA

Bresler, Steven G. v. Rhonda L. Bresler Harrison Chancery Court 1st District; LC Case#: 98-02888; Ruling Date: 08/21/2000; Ruling Judge: Margaret Alfonso; Majority Opinion: Lee, J. Disposition: The appeal is dismissed. Appellant taxed with costs of appeal. Votes: King, P.J., Irving, J., Myers, J., Chandler, J., Brantley, J., Concur. Bridges, J., Thomas, J., Not Participating. Dissenting Opinion: Southwick, P.J. Votes: McMillin, C.J., Joins.


Lee, L. Joseph
X 2001-KA-00873-COA

Shirley, Glenn v. State of Mississippi Hinds Circuit Court 1st District; LC Case#: 99-1-113; Ruling Date: 05/22/2001; Ruling Judge: Tomie Green; Majority Opinion: Lee, J. Disposition: The judgment of the Circuit Court of Hinds County of conviction of gratification of lust and sentence of fifteen years in the custody of the Mississippi Department of Corrections is affirmed. Hinds County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Thomas, J., Irving, J., Myers, J., Chandler, J., Brantley, J., Concur.


Lee, L. Joseph
X 2001-CA-00892-COA

Stone, Donald Lee v. Phyllis Jean Stone Rankin Chancery Court; LC Case#: 48186; Ruling Date: 03/20/2001; Ruling Judge: John Grant, III; Majority Opinion: Lee, J. Disposition: The judgment of the Rankin County Chancery Court is affirmed. Appellant taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Thomas, J., Myers, J., Chandler, J., Brantley, J., Concur. Irving, J., Concurs in result only.


Southwick, Leslie H.
X 2000-KA-01873-COA

Powell, Derrick v. State of Mississippi Montgomery Circuit Court; LC Case#: 2000-0076CR; Ruling Date: 10/18/2000; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Southwick, P.J. Disposition: The judgment of the Montgomery County Circuit Court of conviction of possession of more than 500 grams but less than one kilogram of marijuana and sentence of twelve years in the custody of the Mississippi Department of Corrections with four years suspended on probation, and driving privileges suspended for six months, is affirmed. Sentence imposed in this cause shall run consecutively to any sentence previously imposed. Appellant taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Bridges, J., Thomas, J., Lee, J., Myers, J., Chandler, J., Brantley, J., Concur. Irving, J., Concurs in result only.


Southwick, Leslie H.
X 2001-KA-00813-COA

Stewart, Stoney Frank v. State of Mississippi Lauderdale Circuit Court; LC Case#: 735-99; Ruling Date: 04/25/2001; Ruling Judge: Larry Roberts; Majority Opinion: Southwick, P.J. Disposition: The judgment of the Lauderdale County Circuit Court of conviction of burglary of a church, sentence of fourteen years without possibility of early release, and fine of $10,000 is affirmed. Sentence shall be served consecutively to any sentence currently imposed. Lauderdale County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Bridges, J., Thomas, J., Lee, J., Irving, J., Myers, J., Chandler, J., Brantley, J., Concur.


Southwick, Leslie H.
X 2001-CA-00952-COA

Turner, Sharon Denise v. Mark Turner Jackson Chancery Court; LC Case#: 99-2410 GB; Ruling Date: 04/06/2001; Ruling Judge: Glenn Barlow; Majority Opinion: Southwick, P.J. Disposition: The judgment of the Chancery Court of Jackson County is affirmed. Appellant taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Bridges, J., Thomas, J., Lee, J., Irving, J., Myers, J., Chandler, J., Brantley, J., Concur.


Southwick, Leslie H.
X 2001-KA-01121-COA

Sheely, Allen Gray Sr. v. State of Mississippi Harrison Circuit Court 1st District; LC Case#: B2401-98-01045; Ruling Date: 05/24/2001; Ruling Judge: Robert Walker; Majority Opinion: Southwick, P.J. Disposition: The judgment of the Circuit Court of Harrison County of conviction of touching a child for lustful purposes and sentence of ten years in the custody of the Mississippi Department of Corrections and adjudication as a sex offender is affirmed. Appellant taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Bridges, J., Thomas, J., Lee, J., Irving, J., Myers, J., Chandler, J., Brantley, J., Concur.


King, Leslie D.
X 2001-CA-00338-COA

Porter, Carl a/k/a Carlos Porter a/k/a Carl Arnold, Jr. v. State of Mississippi Copiah Circuit Court; LC Case#: 2000-0531; Ruling Date: 12/18/2000; Ruling Judge: Lamar Pickard; Majority Opinion: King, P.J. Disposition: The judgment of the Copiah County Circuit Court dismissing petitioner's request for post-conviction relief is affirmed. Copiah County taxed with costs of appeal. Votes: McMillin, C.J., Southwick, P.J., Bridges, J., Thomas, J., Lee, J., Irving, J., Myers, J., Brantley, J., Concur. Chandler, J., Not Participating.


King, Leslie D.
X 2001-WC-01264-COA

Compere's Nursing Home and Mississippi Health Care Association v. Willie Jean Hamlehdary Hinds Circuit Court 1st District; LC Case#: 251-00-292; Ruling Date: 05/26/2001; Ruling Judge: James Graves, Jr.; Majority Opinion: King, P.J. Disposition: The judgment of the Hinds County Circuit Court is affirmed. Appellants taxed with costs of appeal. Votes: McMillin, C.J., Southwick, P.J., Bridges, J., Thomas, J., Lee, J., Irving, J., Myers, J., Chandler, J., Brantley, J., Concur.


King, Leslie D.
X 2001-CP-01477-COA

Knichel, Phillip v. State of Mississippi Winston Circuit Court; LC Case#: 2001-181-CV; Ruling Date: 08/23/2001; Ruling Judge: C. Morgan, III; Majority Opinion: King, P.J. Disposition: The judgment of the Winston County Circuit Court denying post-conviction relief is affirmed. Winston County taxed with costs of appeal. Votes: McMillin, C.J., Southwick, P.J., Bridges, J., Thomas, J., Lee, J., Irving, J., Myers, J., Chandler, J., Brantley, J., Concur.


McMillin, Roger H., Jr.
X 2000-KA-01962-COA

Thomas, Willie Lee v. State of Mississippi Bolivar Circuit Court 2nd District; LC Case#: 2000-62CR2; Ruling Date: 11/10/2000; Ruling Judge: Kenneth Thomas; Majority Opinion: McMillin, C.J. Disposition: The judgment of the Circuit Court of Bolivar County of conviction of attempted sexual battery and sentence of fifteen years in the custody of the Mississippi Department of Corrections is affirmed. Sentence imposed to be served consecutively to any and all sentences previously imposed. Bolivar County taxed with costs of appeal. Votes: King, P.J., Southwick, P.J., Thomas, J., Lee, J., Irving, J., Myers, J., Chandler, J., Brantley, J., Concur. Bridges, J., Not Participating.


EN BANC
2000-KA-01214-COA

Bryant, Eddie a/k/a E-Dog v. State of Mississippi Washington Circuit Court; LC Case#: 99-00495; Ruling Date: 06/16/2000; Ruling Judge: W. Hines; Disposition: Appellant's motion for rehearing is denied.


EN BANC
2000-CP-02059-COA

Griffin, Shepherd a/k/a Shepherd Wendell Griffin v. State of Mississippi Harrison Circuit Court 2nd District; LC Case#: B2402-99-00099; Ruling Date: 11/08/2000; Ruling Judge: John Whitfield; Disposition: Appellant's motion for rehearing is denied.


EN BANC
2001-KA-00323-COA

Cantrell, Clyde Junior v. State of Mississippi Lowndes Circuit Court; LC Case#: 99-672-CR1; Ruling Date: 12/07/2000; Ruling Judge: Lee Howard; Disposition: Appellant's motion for rehearing is denied.


EN BANC
2001-CA-00341-COA

Power, James D., Mary Cox Power and Samuel D. Hensley, Jr. v. Leslie Scott, Individually, and as Executrix of the Estate of Ellen Marie Power, Deceased Hinds Chancery Court 1st District; LC Case#: P-98-688 S/2; Ruling Date: 02/01/2001; Ruling Judge: William Singletary; Disposition: Appellee's motion for rehearing is denied. Thomas, J., would grant. Irving, J., not participating.


EN BANC
2001-CA-00470-COA

Collums, Curtis W., Deceased, by and through Julia F. Collums, Executrix of the Estate of Curtis W. Collums and on behalf of the Wrongful Death Beneficiaries of Curtis W. Collums, Deceased and Julia F. Collums, Individually, and Flex One, Inc. v. Union Planters Bank, N.A., Union Planters Bank of Northeast Mississippi, N.A., Union Planters Bank of Mississippi, and Jim McNeely, Individually, and in his Official Capacity as an Officer of the Other Defendants and John Does I through X Chickasaw Circuit Court 1st District; LC Case#: H-99-032; Ruling Date: 02/26/2001; Ruling Judge: R. Coleman; Disposition: Appellant's motion for rehearing is denied. Thomas, J., not participating.


EN BANC
2001-KA-00946-COA

Watts, Hayward v. State of Mississippi Winston Circuit Court; LC Case#: 2000-158-CR; Ruling Date: 05/11/2001; Ruling Judge: Joseph Loper, Jr.; Disposition: Appellant's motion for rehearing is denied.