Mississippi Court of Appeals

Hand Down Lists
August 26, 1997

08/26/1997 - Hand Down and published opinions in WordPerfect/ZIP format

James E. Thomas, P.J.
U 95-KA-00968-COA

Perryman, Earnest a/k/a "Pookie" v. State of Mississippi Appeal No. 8749 from Judgment dated AUGUST 25, 1995, Coahoma County Circuit Court; The judgment of the Circuit Court of Coahoma County of conviction of aggravated assault and sentence of fifteen (15) years in the custody of the Mississippi Department of Corrections is affirmed. Sentence imposed shall run consecutive to any and all sentences previously imposed. Appellant ordered to make full restitution to victim. All costs are taxed to Coahoma County


Mary Libby Payne, J.
U 96-CA-00032-COA

Joiner, Sandra v. Rush Foundation Hospital Appeal No. 95803 from Judgment dated DECEMBER 20, 1995, Lauderdale County Chancery Court; The judgment of the Chancery Court of Lauderdale County is affirmed. All costs of this appeal are taxed to appellant


Roger McMillin, Jr., P.J.
U 95-CA-00408-COA

CORA FRANCES DEDEAUX< IN THE MATTER OF THE LAST WILL AND TESTAMENT OF: Nary L. Dedeaux, Jr., Warren A Dedeaux, Lawrie Jan Dedeaux Kircus, John C. Dedeaux and Alicia Quin Dedeaux Barnes v. Doris Dedeaux Heebe, Alma Dedeaux Long and Naomi Dedeaux Herren Appeal No. P4664 from Judgment dated MARCH 08, 1995, Harrison County Chancery Court, First Judicial District; The judgment of the Harrison County Chancery Court is affirmed. Costs of this appeal are divided equally among the appellants, Nary L. Dedeaux, Jr., Warren A. Dedeaux, Lawrie Jan Dedeaux Kircus, John C. Dedeaux and Alicia Quin Dedeaux Barnes. Thomas, P.J., not participating


Roger McMillin, Jr., P.J.
U 95-KA-00828-COA

Giles, McNicko v. State of Mississippi Appeal No. CR9526 from Judgment dated JULY 21, 1995, Panola County Circuit Court, Second Judicial District; The judgment of the Circuit Court of Panola County of conviction of sale of cocaine and sentence of twenty years with twelve years to serve and eight years suspended in the custody of the Mississippi Department of Corrections and fine of $1,000 is affirmed. Costs of this appeal are assessed to Panola County


Roger McMillin, Jr., P.J.
UU 95-CA-01371-COA

Larimer, Mary v. John L. Campbell, II, M.D. Appeal No. 9322764 from Judgment dated DECEMBER 15, 1995, Harrison County Circuit Court, First Judicial District; The judgment of the Harrison County Circuit Court is affirmed. Costs of this appeal are assessed to the appellant. Diaz, J., dissents with separate written opinion joined by Coleman and Payne, JJ. Thomas, P.J., not participating


Roger McMillin, Jr., P.J.
X 96-CA-00070-COA

Mississippi Power & Light Company v. Mississippi State Tax Commission Appeal No. 154263 from Judgment dated JANUARY 10, 1996, Hinds County Chancery Court, First Judicial District; The judgment of the Chancery Court of the First Judicial District of Hinds County is affirmed both as to the appeal and the cross-appeal. Costs of the appeal are taxed one-half to the appellant/cross-appellee, Mississippi Power & Light Company and one-half to the appellee/cross-appellant, the Mississippi State Tax Commission. Herring, J., not participating


Leslie D. King, J.
UU 95-CA-01149-COA

Richard, Deborah A. v. Everett Clyde Richard Appeal No. 943213 from Judgment dated OCTOBER 19, 1995, Jackson County Chancery Court; The judgment of the Jackson County Chancery Court is reversed and rendered. Costs of this appeal are assessed to the appellee. Diaz, J., dissents with separate written opinion joined by Thomas, P.J., and Payne, J


B. Greg Hinkebein, J.
U 95-KA-00528-COA

Williams, Isaac Steve v. State of Mississippi Appeal No. 9400190 from Judgment dated APRIL 05, 1995, Harrison County Circuit Court, First Judicial District; The judgment of the Harrison County Circuit Court of conviction of armed robbery and sentence of five (5) years in the custody of the Mississippi Department of Corrections without hope of probation or parole is affirmed. Costs are assessed against appellant. Thomas, P.J., not participatin


B. Greg Hinkebein, J.
U 95-KA-01251-COA

Young, Deareall v. State of Mississippi Appeal No. CR95244 from Judgment dated NOVEMBER 14, 1995, DeSoto County Circuit Court; The judgment of the DeSoto County Circuit Court of conviction of armed robbery and sentence of thirty (30) years in the custody of the Mississippi Department of Corrections without the possibility of parole is affirmed. Sentence to run consecutively to sentences imposed in Arkansas case. Costs are assessed against DeSoto County. King, J., concurs in result only


B. Greg Hinkebein, J
U 96-CA-00204-COA

Truck, Chevrolet 1987, VIN#1GCDR14K4HS165171; Six Thousand Five Hundred Dollars ($6,500.00) in United States Currency and One Rossi .38 Caliber Pistol, SN #D411569 v. State of Mississippi Ex Rel. Mississippi Bureau of Narcotics Appeal No. 940216 from Judgment dated DECEMBER 12, 1995, Clay County Circuit Court; The judgment of the Clay County Circuit Court is affirmed. Costs of this appeal are assessed to the appellant


Oliver E. Diaz, Jr., J.
U 95-KA-00683-COA

Smith, Timothy Tyrell a/k/a Timothy Terrell Smith v. State of Mississippi Appeal No. 14754 from Judgment dated MAY 23, 1995, Copiah County Circuit Court; The judgment of the Circuit Court of Copiah County of conviction of sale of cocaine within 1500 feet of a school or church and sentence to thirty years in the custody of the Mississippi Department of Corrections is affirmed. The costs of this appeal are assessed to Copiah County


Oliver E. Diaz, Jr., J.
U 95-KA-00867-COA

Anderson, Carl v. State of Mississippi Appeal No. 1943 from Judgment dated JUNE 18, 1993, Madison County Circuit Court; The judgment of the Madison County Circuit Court of conviction of manslaughter and sentence of eighteen years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to the appellant


Oliver E. Diaz, Jr., J.
U 96-CA-00551-COA

Robinson, Rodney Joe v. Wendy Joann Turner Robinson Appeal No. 9191071 from Judgment dated APRIL 15, 1996, DeSoto County Chancery Court; The judgment of the DeSoto County Chancery Court modifying custody is affirmed. Costs of this appeal are taxed to the appellant


Oliver E. Diaz, Jr., J.
U 96-KA-00196-COA

Douglas, Ira Lee v. State of Mississippi Appeal No. CR95276 from Judgment dated FEBRUARY 09, 1996, DeSoto County Circuit Court; The judgment of the DeSoto County Circuit Court of conviction of rape and sentence to ten years in the custody of the Mississippi Department of Corrections with seven years suspended, a fine of $500, and $500 to the Mississippi Crime Victims Compensation Fund is affirmed. All costs of this appeal are taxed to DeSoto County


Oliver E. Diaz, Jr., J.
U 96-CA-00561-COA

Schiele, Dartha J. and Clyde K. Schiele v. United Services Automoblie Association Appeal No. 10558 from Judgment dated MAY 01, 1996, Grenada County Circuit Court; The judgment of the Grenada County Circuit Court is affirmed. Costs of this appeal are assessed to the appellants


Billy G. Bridges, C.J.
U 96-CA-00087-COA

FULLER, MARTHA S., IN RE: THE ESTATE OF : Charlie Beall v. Merry Martha Foster a/k/a Mimi Fuller Foster Appeal No. P9468 from Judgment dated JANUARY 05, 1996, Hinds County Chancery Court, Second Judicial District; The judgment of the Hinds County Chancery Court finding Mimi Foster entitled to immediate possession of Martha Fuller's furniture and other household possessions is affirmed. Costs of this appeal taxed to appellant


EN BANC
94-CA-00691-COA

Powels, Helen Administratrix of the Estate of Kathryn M. Rich v. Jerry W. Iles, M.D., and Jefferson Davis Memorial Hospital Appeal No. 6385 from Judgment dated FEBRUARY 11, 1994, Adams County Circuit Court; DISPOSITION - Motion for rehearing denied. Order entered. Hinkebein, J., not participating


EN BANC
U 94-KA-00871-COA

Walker, Joseph Clifton v. State of Mississippi Appeal No. 938014 from Judgment dated JULY 28, 1994, Harrison County Circuit Court, Second Judicial District; The Harrison County Circuit Court's judgment of the appellant's guilt of the crime of murder and its sentence of the appellant to serve a term of life in the custody of the Mississippi Department of Corrections are affirmed. Costs are taxed to Harrison County. Coleman, J., Bridges, C.J., McMillin, P.J., Diaz, Herring, Hinkebein, King, Payne, and Southwick, JJ., concur. Thomas, P.J., not participating


EN BANC
U 94-KA-01012-COA

Bakr, Osha Muhammad a/k/a Leon John Mason, Jr. a/k/a Osha Muhammad Baker a/k/a Osha Muhammad Baka v. State of Mississippi Appeal No. 9310431 from Judgment dated SEPTEMBER 02, 1994, Jackson County Circuit Court; The Jackson County Circuit Court's judgment of the appellant's guilt of aggravated assault and its sentence of the appellant to serve a term of twelve years in the custody of the Mississippi Department of Corrections are affirmed. Costs of this appeal are assessed to Jackson County. Coleman, J., Bridges, C.J., McMillin and Thomas, P.JJ., Diaz, Herring, Hinkebein, King, Payne, and Southwick, JJ., concur


EN BANC
95-KA-00738-COA

Ransom, Michael a/k/a Michael Ramson v. State of Mississippi Appeal No. 94382 from Judgment dated MAY 15, 1995, Hinds County Circuit Court, First Judicial District; DISPOSITION - Motion for rehearing denied. Order entered


EN BANC
95-CA-00777-COA

Stevenson, Mike A. and Patricia Stevenson v. Life Investors Insurance Co. of America Appeal No. 8347 from judgment of the Coahoma County Circuit Court; Motion to correct opinion and judgment of the court granted. Order entered


EN BANC
97-CC-00325-COA

East Mississippi Construction, Inc., a Member of the BCAM Self-Insurers' Fund v. Bobby R. Payne Appeal No. 96040 from Judgment dated JANUARY 28, 1997, Kemper County Circuit Court; DISPOSITION - Motion for remand for consideration of settlement and for other relief granted and the matter is remanded to the Mississippi Workers' Compensation Commission. The parties are directed to notify this Court within 45 days of any disposition of this matter. Order entered


PER CURIAM
94-KA-00916-COA

Levy, Travis v. State of Mississippi Appeal No. 8410 from Judgment dated SEPTEMBER 12, 1994, Leake County Circuit Court; DISPOSITION - Motion to file reply brief out of time granted. The reply brief shall be filed no later than thirty days from the entry of this order. No extensions will be granted. Order entered


PER CURIAM
95-CA-00412-COA

P.K.C.G. v. M.K.G. Appeal No. 18299 from Judgment dated APRIL 19, 1995, Pontotoc County Chancery Court; DISPOSITION - Motion for attorney's fees granted. Order entered.


PER CURIAM
95-KA-00869-COA

Campbell, Clyde v. State of Mississippi Appeal No. 9041 from Judgment dated JULY 20, 1990, Adams County Circuit Court; Motion to expedite appeal denied. Order entered


PER CURIAM
96-KA-00121-COA

Strickland, Wilson v. State of Mississippi Appeal No. 95054115 from Judgment dated DECEMBER 06, 1995, Greene County Circuit Court; DISPOSITION - Motion to withdraw record to prepare for oral argument granted. The State shall be allowed to withdraw record on August 11, 1997, and shall return the record on August 13, 1997. Order entered


PER CURIAM
96-KP-00501-COA

Stokes, Carl Lee v. State of Mississippi Appeal No. 10290 from Judgment dated JULY 29, 1996, Adams County Circuit Court; DISPOSITION - Motion for expedited appeal denied. Order entered