Mississippi Court of Appeals

Hand Down Lists
August 29, 2000

08/29/2000 - Hand Down and published opinions in WordPerfect/ZIP format

Moore, Dudley Rook, III
X 1999-KA-00441-COA

Jackson, Larry v. State of Mississippi Quitman Circuit Court; LC Case#: 5518; Ruling Date: 09/25/1998; Ruling Judge: Kenneth Thomas; Majority Opinion: Moore, J. Disposition: Judgment of the Quitman County Circuit Court of conviction of capital murder and sentence of life imprisonment without benefit of parole to be served in the custody of the Mississippi Department of Corrections is affirmed. Sentence to run consecutive to any and all previous sentences. Quitman County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Irving, J., Lee, J., Myers, J., Payne, J., Thomas, J., Concur.


Moore, Dudley Rook, III
X 1999-KA-00645-COA

Fair, James, Jr. v. State of Mississippi Copiah Circuit Court; LC Case#: 980082CR; Ruling Date: 03/09/1999; Ruling Judge: Lamar Pickard; Majority Opinion: Moore, J. Disposition: The judgment of the Circuit Court of Copiah County of conviction of capital murder and sentence of life without possibility of parole in the custody of the Mississippi Department of Corrections is affirmed. Copiah County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Irving, J., Lee, J., Myers, J., Payne, J., Thomas, J., Concur.


Irving, Tyree
X 1998-WC-01196-COA

Montana's Sea Kettle Restaurant and Service Industries Workers' Compensation Trust v. Melissa Anne Jones Harrison Circuit Court 1st District; LC Case#: 9800154; Ruling Date: 05/19/1998; Ruling Judge: John Whitfield; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Harrison County affirming the decision of the Mississippi Workers' Compensation Commission is affirmed. The previous decision of this Court of August 3, 1999 is withdrawn and this opinion substituted. Appellants taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Lee, J., Moore, J., Myers, J., Payne, J., Thomas, J., Concur.


Irving, Tyree
X 1998-KA-01542-COA

Thomas, Nathaniel A. v. State of Mississippi Harrison Circuit Court 1st District; LC Case#: 9700627; Ruling Date: 07/31/1998; Ruling Judge: John Whitfield; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Harrison County of convictions as an habitual offender of Count I armed robbery and sentence of fifty years; Count II aggravated assault and sentence of twenty years; Count IV burglary of a dwelling and sentence of twenty-five years all to run concurrently in the custody of the Mississippi Department of Corrections is affirmed. Harrison County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Lee, J., Moore, J., Myers, J., Payne, J., Thomas, J., Concur.


Irving, Tyree
XX 1999-CC-01127-COA

Mississippi Employment Security Commission v. Universal Wearparts, Inc. Walthall Circuit Court; LC Case#: 9929; Ruling Date: 05/31/1999; Ruling Judge: Mike Smith; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Walthall County reversing the decision of the Board of Review of the Mississippi Employment Security Commission is reversed and rendered and the decision of the Board of Review of the Mississippi Employment Security Commission is reinstated. Appellee taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Moore, J., Myers, J., Payne, J., Thomas, J., Concur. Concurring in Part Opinion: Lee, J. Votes: Bridges, J., Joins.


King, Leslie D.
X 1999-CC-00577-COA

Slay, John S. v. Mississippi Department of Agriculture and Commerce Harrison Circuit Court 1st District; LC Case#: 9700207; Ruling Date: 02/22/1999; Ruling Judge: Kosta Vlahos; Majority Opinion: King, P.J. Disposition: The judgment of the Circuit Court of Harrison County dismissing the case for want of jurisdiction is affirmed. Appellant taxed with costs of appeal. Votes: McMillin, C.J., Southwick, P.J., Bridges, J., Irving, J., Lee, J., Moore, J., Myers, J., Payne, J., Thomas, J., Concur.


King, Leslie D.
X 1999-WC-01743-COA

Zimmerman, Robert v. Howard Transportation, Inc. Jones Circuit Court 2nd District; LC Case#: 99-22-CV2; Ruling Date: 10/05/1999; Ruling Judge: Billy Landrum; Majority Opinion: King, P.J. Disposition: The judgment of the Circuit Court of Jones County affirming the denial of benefits is affirmed. The judgment of the Circuit Court of Jones County denying Howard's Cross-Appeal for sanctions is affirmed. Appellant and Appellee taxed with costs of appeal. Votes: McMillin, C.J., Southwick, P.J., Bridges, J., Irving, J., Lee, J., Moore, J., Myers, J., Payne, J., Thomas, J., Concur.


EN BANC
97-CA-01519-COA

Southwest Mississippi Electric Power Association v. Stanley Harried and Annie Wilson Harried Jefferson Circuit Court; LC Case#: 950129; Ruling Date: 10/08/1997; Ruling Judge: Lamar Pickard; Disposition: Appellees' Motion for Rehearing is denied. Myers, J., not participating.


EN BANC
1998-CA-01042-COA

Burns, James Curtis Jr. v. Dorothy Anne (Nardozzi) Burns Panola Chancery Court 2nd District; LC Case#: B9608259; Ruling Date: 04/22/1998; Ruling Judge: Percy Lynchard, Jr.; Disposition: Appellant's Motion for Rehearing is denied. McMillin, C.J., Southwick, P.J., Bridges and Lee, JJ., would grant. Myers, J., not participating.


EN BANC
XX 1998-KA-01123-COA

Ishee, Whitney Glenn v. State of Mississippi Neshoba Circuit Court; LC Case#: 98CR0013; Ruling Date: 07/21/1998; Ruling Judge: Marcus Gordon; Majority Opinion: Southwick, P.J. Disposition: The judgment of the Circuit Court of Neshoba County of conviction of attempted sexual battery (second offense) and sentence of thirty years in the custody of the Mississippi Department of Corrections is affirmed. Neshoba County taxed with costs of appeal. Votes: McMillin, C.J., Lee, J., Moore, J., Myers, J., Payne, J., Concur. Dissenting Opinion: Irving, J. Votes: King, P.J., Bridges, J., Thomas, J., Join.


EN BANC
1998-CA-01233-COA

Mississippi State Department of Human Services v. Douglas F. Fargo Forrest Chancery Court; LC Case#: 940461; Ruling Date: 03/26/1998; Ruling Judge: Johnny Williams; Disposition: Appellant's Motion for Rehearing is denied. Myers, J., not participating.


EN BANC
1999-CA-00018-COA

McMillan, Fred L. v. Giorgio M. Aru and His wife, Jan Radakovich Aru Madison Chancery Court; LC Case#: 98569; Ruling Date: 12/10/1998; Ruling Judge: William Lutz; Disposition: Appellant's Motion for Rehearing is denied. King, P.J. and Payne, JJ., would grant. Myers, J., not participating.


EN BANC
1999-CP-00429-COA

Tennessee Properties, Inc. v. Southern Pilot Insurance Company, Inc., Central States Health & Life Company of Omaha, Nebraska, Winterthur Swiss Insurance Group and Southern Guaranty Insurance Company Hinds Circuit Court 1st District; LC Case#: 98000957; Ruling Date: 02/10/1999; Ruling Judge: James Graves, Jr.; Disposition: Appellant's Motion for Rehearing is denied. Myers, J., not participating.


EN BANC
1999-CA-00543-COA

East, Richard W. Jr. v. Cynthia D. East Amite Chancery Court; LC Case#: 980212; Ruling Date: 02/17/1999; Ruling Judge: W. McGehee, II; 1999-CA-01193-COA Richard W. East, Jr. v. Cynthia D. East; Amite Chancery Court; LC Case#: 980212; Ruling Date: 04/16/1999; Ruling Judge: W. McGehee, II; Disposition: Appellant's Motion for Rehearing is denied. Myers, J., not participating.