Mississippi Court of Appeals

Hand Down Lists
August 27, 2002

08/27/2002 - Hand Down and published opinions in WordPerfect/ZIP format

Chandler, David Anthony
X 2000-KA-01213-COA

Brown, Johnny Jr. a/k/a Johnnie Brown, Jr. v. State of Mississippi Pike Circuit Court; LC Case#: 99-274KB; Ruling Date: 06/26/2000; Ruling Judge: Mike Smith; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Pike County of conviction as an habitual offender of Count II burglary of a dwelling and Count IV possession of a firearm by a convicted felon and sentence of life imprisonment in the custody of the Mississippi Department of Corrections and fine of $10,000 is affirmed. Pike County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Thomas, J., Lee, J., Myers, J., Brantley, J., Concur. Irving, J., Concurs in result only.


Chandler, David Anthony
X 2001-CA-00924-COA

Gowdey, Angela Louise v. Harry Robinson Gowdey Hinds Chancery Court 1st District; LC Case#: G2001-422 W/4; Ruling Date: 06/11/2001; Ruling Judge: Pat Wise; Majority Opinion: Chandler, J. Disposition: The judgment of the Hinds County Chancery Court is affirmed as to its dismissal of the case, but it is reversed as to its finding of subject matter jurisdiction. Appellant and Appellee taxed with costs of appeal. Votes: King, P.J., Southwick, P.J., Bridges, J., Thomas, J., Irving, J., Myers, J., Brantley, J., Concur. McMillin, C.J., Lee, J., Not Participating.


Myers, William H.
X 2001-KA-00322-COA

Sanders, Floyd B. v. State of Mississippi Washington Circuit Court; LC Case#: 25949; Ruling Date: 08/25/1999; Ruling Judge: Betty Sanders; Majority Opinion: Myers, J. Disposition: The judgment of the Circuit Court of Washington County of conviction as an habitual offender on Count I, kidnaping, and sentence of life; Count II, capital rape, and sentence of life; and Count III, sexual battery, and sentence of thirty years mandatory in the custody of the Mississippi Department of Corrections with the sentences of Counts II and III to run concurrently to Count I. The judgment of the Circuit Court of Washington County of conviction on Count IV is reversed and rendered. Washington County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Thomas, J., Lee, J., Chandler, J., Concur. Irving, J., Concurs in result only. Brantley, J., Concur in Part and Dissent in Part.


Myers, William H.
XX 2001-CP-01216-COA

Slaydon, Lynwood v. Walter Hansford and Waffle House Incorporated Pearl River Circuit Court; LC Case#: 2000-0460; Ruling Date: 07/02/2001; Ruling Judge: R. Prichard, III; Majority Opinion: Myers, J. Disposition: The judgment of the Circuit Court of Pearl River County is affirmed as to direct and cross-appeals. Pearl River County taxed with costs of appeal. Votes: McMillin, C.J., Bridges, J., Thomas, J., Lee, J., Chandler, J., Brantley, J., Concur. King, P.J., Irving, J., Concur in result only. Concurring Opinion: Southwick, P.J. Votes: McMillin, C.J., Bridges, J., Lee, J., Myers, J., Chandler, J., Join.


Lee, L. Joseph
XX 2001-KA-00845-COA

Harris, Arden v. State of Mississippi Wayne Circuit Court; LC Case#: 01-004-K; Ruling Date: 05/15/2001; Ruling Judge: Robert Bailey; Majority Opinion: Lee, J. Disposition: The judgment of the Circuit Court of Wayne County of the conviction of felony DUI as an habitual offender and sentence of five years in the custody of the Mississippi Department of Corrections to run consecutively to any other sentence and fine of $2,000 is affirmed. Wayne County taxed with costs of appeal. Votes: King, P.J., Irving, J., Myers, J., Brantley, J., Concur. Bridges, J., Not Participating. Dissenting Opinion: Southwick, P.J. Votes: McMillin, C.J., Thomas, J., Chandler, J., Join.


Thomas, James E.
X 2001-KA-00915-COA

Reeves, Donald v. State of Mississippi Pike Circuit Court; LC Case#: 00-564-KA; Ruling Date: 05/29/2001; Ruling Judge: Keith Starrett; Majority Opinion: Thomas, J. Disposition: The judgment of the Circuit Court of Pike County of conviction of two counts of arson and sentence of fifteen years on each count to run consecutively with the appellant serving the first twenty years in the custody of the Mississippi Department of Corrections and the remaining ten to be served on post release supervision and to pay restitution and other costs is affirmed. Pike County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Lee, J., Irving, J., Myers, J., Chandler, J., Brantley, J., Concur.


Bridges, Billy G.
XX 2001-KA-00697-COA

Parker, Robert Lee Sr. v. State of Mississippi Harrison Circuit Court 1st District; LC Case#: B 2401-98-01046; Ruling Date: 04/13/2001; Ruling Judge: Kosta Vlahos; Majority Opinion: Bridges, J. Disposition: The judgment of the Circuit Court of Harrison County, First Judicial District, of conviction on Count I of sexual battery of a child under the age of fourteen years and sentence of fifteen years; Counts II and III of touching a child for lustful purposes and sentence of fifteen years each to run concurrently to sentence in Count I, all in the custody of the Mississippi Department of Corrections is affirmed. Appellant taxed with costs of appeal. Votes: McMillin, C.J., Southwick, P.J., Thomas, J., Lee, J., Myers, J., Chandler, J., Brantley, J., Concur. Dissenting Opinion: King, P.J. Votes: Irving, J., Joins.


King, Leslie D.
X 2000-KA-01673-COA

Evans, Warren Chevelle v. State of Mississippi Newton Circuit Court; LC Case#: 99-CR-0009NW; Ruling Date: 08/09/2000; Ruling Judge: V. Cotten; Majority Opinion: King, P.J. Disposition: The judgment of the Newton County Circuit Court of conviction of murder and sentence of life in the custody of the Mississippi Department of Corrections is affirmed. Newton 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.


King, Leslie D.
X 2001-KA-00376-COA

Mooneyham, Howard v. State of Mississippi Rankin Circuit Court; LC Case#: 12,190; Ruling Date: 02/09/2001; Ruling Judge: John Kitchens; Majority Opinion: King, P.J. Disposition: The judgment of the Rankin County Circuit Court of conviction of Count I - possession of more than thirty grams of methamphetamine and sentence of ten years and Count II - sale of methamphetamine and a sentence of fifteen years to be served consecutively to sentence in Count I all in the custody of the Mississippi Department of Corrections is affirmed. Appellant 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.


EN BANC
2000-CT-01758-COA

Vaughn, Betty, Administratrix of the Estate of Cassalena Williams and Cassalena Williams (Deceased) v. Monticello Insurance Company Coahoma Circuit Court; LC Case#: 8321; Ruling Date: 10/03/2000; Ruling Judge: Albert Smith, III; Disposition: Joint Motion to Dismiss granted. Costs assessed to the appellant. The case is returned to the Mississippi Supreme Court. Order entered.


EN BANC
2001-KM-00130-COA

Rhoades, Michael L. v. State of Mississippi Lafayette Circuit Court; LC Case#: LK98-038-JC; Ruling Date: 01/09/2001; Ruling Judge: Henry Lackey; Disposition: Appellant's motion for rehearing is denied.


EN BANC
2001-KA-00297-COA

Carmichael, Joann v. State of Mississippi Leake Circuit Court; LC Case#: 00-CR-0053-LE; Ruling Date: 01/19/2001; Ruling Judge: V. Cotten; Disposition: Appellant's motion for rehearing is denied.


EN BANC
2001-CA-00344-COA

Wal-Mart Stores, Inc. v. Judy Mazzanti and Fiore Mazzanti Washington Circuit Court; LC Case#: CI99-0103; Ruling Date: 10/24/2000; Ruling Judge: Margaret Carey-McCray; Disposition: Joint Motion to Dismiss Appeal granted. Costs assessed to appellant.


EN BANC
2001-CA-00345-COA

Buck, Rheuvonia v. State of Mississippi Warren Circuit Court; LC Case#: 000011-CR-V; Ruling Date: 01/29/2001; Ruling Judge: Frank Vollor; Disposition: Appellant's motion for rehearing is denied. King, P.J., Lee and Irving, JJ., would grant.