Mississippi Court of AppealsHand Down List
August 24, 2004
08/24/2004 - Hand Down and published opinions in WordPerfect/ZIP format
Griffis, T. Kenneth
X 2002-KP-00960-COA
Simmie Bright, Jr. v. State of Mississippi; Tunica Circuit Court; LC Case #: 2002-0095; Ruling Date: 05/15/2002; Ruling Judge: Larry Lewis; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Tunica County of conviction of embezzlement and sentence of ten years in the custody of the Mississippi Department of Corrections with three years suspended to run consecutively to any and all previous sentences, pay a fine of $1,000 and $20,000 in restitution, is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges, P.J., Lee, Myers and Chandler, JJ., concur. Irving and Barnes, JJ., not participating.
Griffis, T. Kenneth
X 2003-KA-00826-COA
Columbus Carr, Jr. v. State of Mississippi; Tate Circuit Court; LC Case #: CR2002-70-LT; Ruling Date: 04/04/2003; Ruling Judge: Ann Lamar; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Tate County of conviction of capital murder and sentence of life as an habitual offender in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Tate County. Votes: King, C.J., Bridges, P.J., Lee, Myers and Chandler, JJ., concur. Irving and Barnes, JJ., not participating.
Griffis, T. Kenneth
X 2003-CA-01103-COA
Audra Faye Lawrence and Robert Lawrence v. Angie Wright and Wayne Robinson, (Individually and d/b/a R & W Salvage Grocery), and Donnie B. Johnson, Individually and Severally; Tishomingo Circuit Court; LC Case #: 00-0099GT; Ruling Date: 04/14/2003; Ruling Judge: Thomas Gardner, III; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Tishomingo County is affirmed. All costs of this appeal are assessed to the appellants. Votes: Bridges, P.J., Lee, Myers and Chandler, JJ., concur. King, C.J., concurs in result only. Irving and Barnes, JJ., not participating.
Chandler, David Anthony
XX 2003-KA-00781-COA
State of Mississippi v. Tony Hayes; Humphreys Circuit Court; LC Case #: 5696; Ruling Date: 03/03/2003; Ruling Judge: Jannie Lewis; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Humphreys County is affirmed. All costs of this appeal are assessed to Humphreys County. Votes: King, C.J., Bridges, P.J., Lee, Irving, Myers and Griffis, JJ., concur. Barnes, J., not participating. Concurring Opinion: Irving, J. Votes: Bridges, P.J., joins this opinion.
Myers, William H.
X 2003-WC-01261-COA
Descendants of Terry Glen Gilmer, Deceased v. Nolen Sistrunk Trucking, Inc. and Georgia Casualty and Surety Company; Scott Circuit Court; LC Case #: 2002-CV-279-SC; Ruling Date: 05/20/2003; Ruling Judge: Marcus Gordon; Majority Opinion: Myers, J. Disposition: The judgment of the Circuit Court of Scott County is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Bridges, P.J., Lee, Irving, Chandler and Griffis, JJ., concur. Barnes, J., not participating.
Lee, L. Joseph
X 2003-CP-00622-COA
Shirley Smith v. State of Mississippi; Pike Circuit Court; LC Case #: 03-025-B; Ruling Date: 01/11/2003; Ruling Judge: Mike Smith; Majority Opinion: Lee, J. Disposition: The judgment of the Pike County Circuit Court denying post-conviction relief is affirmed. All costs of this appeal are assessed to Pike County. Votes: King, C.J., Bridges, P.J., Myers, Chandler and Griffis, JJ., concur. Irving and Barnes, JJ., not participating.
Lee, L. Joseph
X 2003-CA-01965-COA
Perry Leon Berryman v. Katherine Lynn (Hibbett)(Snyder) Berryman; Tate Chancery Court; LC Case #: 02-07-270 (ML); Ruling Date: 07/02/2003; Ruling Judge: Mitchell Lundy, Jr.; Majority Opinion: Lee, J. Disposition: The judgment of the Chancery Court of Tate County is affirmed. Costs of this appeal are taxed to the appellant. Votes: King, C.J., Bridges, P.J., Myers, Chandler and Griffis, JJ., Concur. Irving and Barnes, JJ., not participating.
King, Leslie D.
X 2003-CP-00084-COA
Willie Marshall, Jr. v. B. C. Ruth, et al.; Sunflower Circuit Court; LC Case #: 2002-00323-CI; Ruling Date: 01/21/2003; Ruling Judge: Betty Sanders; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Sunflower County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Bridges, P.J., Lee, Irving, Myers, Chandler and Griffis, JJ., concur. Barnes, J., not participating.
King, Leslie D.
X 2003-CA-00312-COA
Patricia Scaife v. Darren Ray Scaife; Monroe Chancery Court; LC Case #: 2001-453; Ruling Date: 01/10/2003; Ruling Judge: Jacqueline Mask; Majority Opinion: King, C.J. Disposition: The judgment of the Chancery Court of Monroe County is hereby affirmed. All costs of this appeal are taxed to the appellant. Votes: Bridges, P.J., Lee, Myers, Chandler and Griffis, JJ., concur. Irving and Barnes, JJ., not participating.
King, Leslie D.
X 2003-CA-01457-COA
Alonda Barnett and Tangela Gordon, by and through Her Mother and Next Friend, Miriam Gordon v. Lauderdale County Board of Supervisors and Charles E. Houston; Lauderdale Circuit Court; LC Case #: 02-CV-095B; Ruling Date: 06/02/2003; Ruling Judge: Robert Bailey; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Lauderdale County is hereby affirmed. All costs of this appeal are taxed to the appellants. Votes: Bridges, P.J., Lee, Myers, Chandler and Griffis, JJ.,concur. Irving and Barnes, JJ., not participating.
EN BANC
2001-CA-01000-COA
Robert Burroughs, Individually, Burroughs Diesel, Inc. and Rental Service, Inc. v. H. D. McDaniel, Consolidated Contractors Corporation and McDaniel Investments, Inc.; Jones Chancery Court 2nd District; LC Case #: 960486; Ruling Date: 01/29/2001; Ruling Judge: Johnny Williams; Disposition: Appellant's motion for rehearing is denied. Barnes, J., not participating.
EN BANC
X 2002-KA-01618-COA
Paul Evans, Jr. v. State of Mississippi; Jones Circuit Court 1st District; LC Case #: 2001-3-KRIA; Ruling Date: 12/13/2001; Ruling Judge: Billy Landrum; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Jones County of conviction of Count I - murder and sentence of life, Count II - murder and sentence of life to run consecutively to sentence in Count I, both in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to Jones County. Votes: King, C.J., Bridges, P.J., Lee, Myers and Chandler, JJ., concur. Irving, J., concurs in result only. Barnes, J., not participating.
EN BANC
2002-CP-01627-COA
Charles Sylvester Bell v. State of Mississippi; Forrest Circuit Court; LC Case #: CI01-0244; Ruling Date: 08/06/2002; Ruling Judge: Richard McKenzie; Disposition: Appellant's motion for rehearing is denied. King, C.J., would grant. Barnes, J., not participating.
EN BANC
X 2002-CA-01648-COA
Patsy Allstadt v. Baptist Memorial Hospital d/b/a Tippah County Hospital; Tippah Circuit Court; LC Case #: T01-030; Ruling Date: 08/30/2002; Ruling Judge: Andrew Howorth; Majority Opinion: Bridges, P.J. Disposition: The judgment of the Circuit Court of Tippah County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee, Irving, Myers, Chandler and Griffis, JJ., concur. Barnes, J., not participating.
EN BANC
2002-KA-02051-COA
Eric Shautey McDonald a/k/a Eric Wash v. State of Mississippi; Kemper Circuit Court; LC Case #: 2002-CR-12; Ruling Date: 11/22/2002; Ruling Judge: Robert Bailey; Disposition: Appellant's motion for rehearing is denied. Barnes, J., not participating.
EN BANC
X 2003-WC-00204-COA
Michael D. Richards v. Harrah's Entertainment, Inc.; Tunica Circuit Court; LC Case #: 01-0346; Ruling Date: 01/08/2003; Ruling Judge: Albert Smith, III; Majority Opinion: Myers, J. Disposition: The judgment of the Circuit Court of Tunica County is reversed and the order of the Workers' Compensation Commission is reinstated. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges, P.J., Lee, Chandler and Griffis, JJ., concur. Irving and Barnes, JJ., not participating.
EN BANC
X 2003-KA-00235-COA
Willie Earl Clay a/k/a Willie E. Clay, Jr. v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 459-02; Ruling Date: 11/25/2002; Ruling Judge: Larry Roberts; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Lauderdale County of conviction of burglary of a dwelling house and sentence of twenty-five years in the custody of the Mississippi Department of Corrections as an habitual offender is affirmed. All costs of this appeal are taxed to Lauderdale County. Votes: King, C.J., Bridges, P.J., Lee, Myers and Griffis, JJ., concur. Irving and Barnes, JJ., not participating.
EN BANC
X 2003-KA-00286-COA
John L. Ward v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2002-0231-CR1; Ruling Date: 01/31/2003; Ruling Judge: Lee Howard; Majority Opinion: Myers, J. Disposition: The judgment of the Circuit Court of Oktibbeha County of conviction of felony DUI as an habitual offender and sentence of five years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges, P.J., Lee, Chandler and Griffis, JJ., concur. Irving and Barnes, JJ., not participating.
EN BANC
X 2003-KA-00404-COA
James Earl McCoy v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2000-0094-CR1; Ruling Date: 02/14/2003; Ruling Judge: Lee Howard; Majority Opinion: Myers, J. Disposition: The judgment of the Circuit Court of Lowndes County of conviction of armed robbery and sentence of thirty-five years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Lowndes County. Votes: King, C.J., Bridges, P.J., Lee, Chandler and Griffis, JJ., concur. Irving and Barnes, JJ., not participating.
EN BANC
X 2003-KA-00631-COA
William Henry Clay v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2002-0008-CR1; Ruling Date: 12/06/2002; Ruling Judge: Lee Howard; Majority Opinion: Bridges, P.J. Disposition: The judgment of the Circuit Court of Lowndes County of conviction of grand larceny and sentence of life without parole as an habitual offender in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Lowndes County. Votes: King, C.J., Lee, Myers, Chandler and Griffis, JJ., concur. Irving, J., dissents without separate written opinion. Barnes, J., not participating.
EN BANC
X 2003-CP-00910-COA
Frankie Jones v. State of Mississippi; Calhoun Circuit Court; LC Case #: C2002-056; Ruling Date: 04/11/2003; Ruling Judge: Henry Lackey; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Calhoun County denying post-conviction relief is affirmed. All costs of this appeal are assessed to Calhoun County. Votes: King, C.J., Bridges, P.J., Lee, Myers, Chandler and Griffis, JJ., concur. Barnes, J., not participating.
EN BANC
X 2003-CP-01107-COA
Ruben Pinson a/k/a Champ a/k/a Ruben Lawrence Pinson, III v. State of Mississippi; Calhoun Circuit Court; LC Case #: C2001-117; Ruling Date: 05/09/2003; Ruling Judge: Andrew Howorth; Majority Opinion: Myers, J. Disposition: The judgment of the Circuit Court of Calhoun County denying post-conviction relief is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges, P.J., Lee, Chandler and Griffis, JJ., concur. Irving and Barnes, JJ., not participating.
EN BANC
X 2003-CA-01112-COA
Ike Kennedy and Edith Kennedy v. Fred Anderson; Lee Chancery Court; LC Case #: 02-0527; Ruling Date: 05/12/2003; Ruling Judge: Talmadge Littlejohn; Majority Opinion: Myers, J. Disposition: The judgment of the Chancery Court of Lee County is reversed and rendered as to the assessment of attorney fees, and affirmed in all other respects. Costs of appeal are assessed one-half to the appellants and one-half to the appellee. Votes: King, C.J., Bridges, P.J., Lee, Chandler and Griffis, JJ., concur. Irving and Barnes, JJ., not participating.
EN BANC
X 2003-CA-01555-COA
Clarence E. Fletcher and CEF Enterprises, Inc. v. U.S. Restaurant Properties, Inc.; Lee Chancery Court; LC Case #: 02-1114; Ruling Date: 05/27/2003; Ruling Judge: Jacqueline Mask; Majority Opinion: Myers, J. Disposition: The judgment of the Chancery Court of Lee County is affirmed. All costs of appeal are assessed to the appellants. Votes: King, C.J., Bridges, P.J., Lee, Chandler and Griffis, JJ.,concur. Irving and Barnes, JJ., not participating.
EN BANC
X 2003-CA-01801-COA
W & W Contractors, Inc. v. Tunica County Airport Commission; Tunica Circuit Court; LC Case #: 2000-0316; Ruling Date: 07/24/2003; Ruling Judge: Albert Smith, III; Majority Opinion: Myers, J. Disposition: The judgment of the Circuit Court of Tunica County affirming the decision of the Tunica County Airport Commission is affirmed. All costs of appeal are assessed to the appellant. Votes: King, C.J., Bridges, P.J., Lee, Chandler and Griffis, JJ., concur. Irving and Barnes, JJ., not participating.
EN BANC
2003-CP-02347-COA
Donald James Brown v. State of Mississippi; Alcorn Circuit Court; LC Case #: CV01-468AA; Ruling Date: 07/03/2003; Ruling Judge: Sharion Aycock; Disposition: Motion to Dismiss Appeal with Plea in Bar is granted. All costs of appeal shall be assessed to Washington County. Order entered.
EN BANC
2004-TS-00589-COA
Shane Davis v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2003-0413-CV; Ruling Date: 03/05/2004; Ruling Judge: Lee Howard; Disposition: Motion to Dismiss is granted. Costs of appeal are assessed to the appellant. Order entered.