Mississippi Court of Appeals

Hand Down Lists
September 12, 2000

09/12/2000 - Hand Down and published opinions in WordPerfect/ZIP format

Thomas, James E.
XX 1999-KA-00540-COA

Millsap, James B. a/k/a James Bryan Milsap v. State of Mississippi Jones Circuit Court 1st District; LC Case#: 1654; Ruling Date: 02/23/1999; Ruling Judge: Billy Landrum; Majority Opinion: Thomas, J. Disposition: The judgment of the Jones County Circuit Court of conviction of possession of a controlled substance and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections, eight (8) years suspended, twelve (12) years to serve, and pay fine of $1,000 is affirmed. Jones County taxed with costs of appeal. Votes: McMillin, C.J., Bridges, J., Lee, J., Moore, J., Payne, J., Concur. Myers, J., Not Participating. Dissenting Opinion: Irving, J. Votes: King, P.J., Southwick, P.J., Join.


Payne, Mary Libby
X 2000-CA-00124-COA

Martin, Shayne v. State of Mississippi Marion Circuit Court; LC Case#: 99-0001; Ruling Date: 07/12/1999; Ruling Judge: Michael Eubanks; Majority Opinion: Payne, J. Disposition: The judgment of the Marion County Circuit Court denying post-conviction relief is affirmed. Appellant taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Lee, J., Moore, J., Myers, J., Thomas, J., Concur. Irving, J., Concurs in result only.


Moore, Dudley Rook, III
X 1999-CA-00473-COA

Braidfoot, Larry v. William Carey College, John Does 1-30, Mississippi Baptist Convention, Barbara Jones, William E. Payne, James W. Edwards, James Guenther, Guenther, Jordan & Rogers, P.C., Bobby Williamson, Larry Patterson, William C. Browning, Ben Carlisle and Bobby Perry Forrest Circuit Court; LC Case#: 980105; Ruling Date: 02/25/1999; Ruling Judge: Richard McKenzie; Majority Opinion: Moore, J. Disposition: The judgment of the Circuit Court of Forrest County of Summary Judgment in favor of the Appellees is affirmed. Appellant taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Irving, J., Payne, J., Concur. Lee, J., Myers, J., Thomas, J., Not Participating.


Moore, Dudley Rook, III
X 1999-KA-00475-COA

Fortune, Vernon Christopher v. State of Mississippi DeSoto Circuit Court; LC Case#: 98659; Ruling Date: 02/10/1999; Ruling Judge: George Ready; Majority Opinion: Moore, J. Disposition: The judgment of the Circuit Court of DeSoto County of conviction of Count I conspiracy and sentence of five years suspended pending future good behavior to run consecutively to sentence in Count II; Count II sale of a controlled substance, to-wit, less than one ounce of marijuana and sentence of three years with the last six months suspended pending future good behavior, all in the custody of the Mississippi Department of Corrections and fine of $1,000 is affirmed. DeSoto 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 98-KA-00611-COA

Myles, Johnny a/k/a Johnny Myles, Jr. and Calvin Walker v. State of Mississippi Scott Circuit Court; LC Case#: 4888; Ruling Date: 04/10/1998; Ruling Judge: V. Cotten; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Scott County of conviction of Johnny Myles and Calvin Walker and sentence of 30 years each in the custody of the Mississippi Department of Corrections is affirmed. Scott County is assessed with one half and Appellant, Calvin Walker is assessed with one half of the costs for this appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Lee, J., Moore, J., Myers, J., Payne, J., Thomas, J., Concur.


Bridges, Billy G.
X 1998-KA-01709-COA

Benton, John v. State of Mississippi Marshall Circuit Court; LC Case#: MK98055; Ruling Date: 08/20/1998; Ruling Judge: R. Coleman; Majority Opinion: Bridges, J. Disposition: The judgment of the Circuit Court of Marshall County of conviction of two counts of aggravated assault and sentence of twenty years on each count in the custody of the Mississippi Department of Corrections to run concurrently is affirmed. Marshall County taxed with costs of appeal. Votes: King, P.J., Southwick, P.J., Irving, J., Lee, J., Moore, J., Myers, J., Payne, J., Thomas, J., Concur. McMillin, C.J., Concurs in result only.


Bridges, Billy G.
X 1999-KA-00529-COA

Ducksworth, Andrew a/k/a Andrew D. Ducksworth v. State of Mississippi Jones Circuit Court 2nd District; LC Case#: 9833; Ruling Date: 01/25/1999; Ruling Judge: Billy Landrum; Majority Opinion: Bridges, J. Disposition: The judgment of the Circuit Court of the Second Judicial District of Jones County of conviction of constructive possession of cocaine and sentence of three years in the custody of the Mississippi Department of Corrections is hereby affirmed. Jones County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Irving, J., Lee, J., Moore, J., Myers, J., Payne, J., Thomas, J., Concur.


Bridges, Billy G.
XX 1999-KA-00892-COA

McGee, Tony v. State of Mississippi Lincoln Circuit Court; LC Case#: 12640; Ruling Date: 02/19/1999; Ruling Judge: Mike Smith; Majority Opinion: Bridges, J. Disposition: The judgment of the Circuit Court of Lincoln County is reversed and the case remanded for further proceedings consistent with this opinion. Lincoln County taxed with costs of appeal. Votes: King, P.J., Irving, J., Lee, J., Payne, J., Concur. McMillin, C.J., Myers, J., Concur in result only . Thomas, J., Not Participating. Concurring Opinion: Moore, J. Votes: Southwick, P.J., Join.


Bridges, Billy G.
XX 1999-WC-01647-COA

Financial Institute Insurance Service and PCA Property and Casualty Insurance Company v. Teresa Hoy Harrison Circuit Court 1st District; LC Case#: 98527; Ruling Date: 08/27/1999; Ruling Judge: Kosta Vlahos; Majority Opinion: Bridges, J. Disposition: The judgment of the Circuit Court of the First Judicial District of Harrison County affirming the decision of the Workers' Compensation Commission for the conferral of benefits to Teresa Hoy is affirmed. Appellants taxed with costs of appeal. Votes: King, P.J., Irving, J., Lee, J., Moore, J., Myers, J., Payne, J., Thomas, J., Concur. Dissenting Opinion: Moore, J. Votes: McMillin, C.J., Southwick, P.J., Join.


Southwick, Leslie H.
X 1999-KA-01297-COA

Bolden, Prenice L. v. State of Mississippi Neshoba Circuit Court; LC Case#: 99CR0007; Ruling Date: 07/20/1999; Ruling Judge: Marcus Gordon; Majority Opinion: Southwick, P.J. Disposition: The judgment of the Neshoba County Circuit Court of conviction of possession of cocaine and sentence of six years in the custody of the Mississippi Department of Corrections and a fine of $3,000 is affirmed. Neshoba County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Bridges, J., Irving, J., Lee, J., Moore, J., Myers, J., Payne, J., Thomas, J., Concur.


Southwick, Leslie H.
X 1999-KA-01423-COA

Williams, Terry Allen v. State of Mississippi Lowndes Circuit Court; LC Case#: 98445; Ruling Date: 08/24/1999; Ruling Judge: John Montgomery; Majority Opinion: Southwick, P.J. Disposition: The judgment of the Lowndes County Circuit Court of conviction on possession of cocaine in an amount of 2.48 grams and enhanced sentence of eight years in the custody of the Mississippi Department of Corrections is affirmed. Lowndes County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Bridges, J., Irving, J., Lee, J., Moore, J., Myers, J., Payne, J., Thomas, J., Concur.


Southwick, Leslie H.
X 1999-CP-02070-COA

Taylor, Kenneth a/k/a Kenneth C. Taylor Jr. v. State of Mississippi Lamar Circuit Court; LC Case#: PC-52; Ruling Date: 11/04/1999; Ruling Judge: Michael Eubanks; Majority Opinion: Southwick, P.J. Disposition: The judgment of the Circuit Court of Lamar County denying post conviction relief is affirmed. Lamar County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Bridges, J., Irving, J., Lee, J., Moore, J., Myers, J., Payne, J., Thomas, J., Concur.


EN BANC
XX 1998-KA-01150-COA

Genry, Michael Ray v. State of Mississippi Panola Circuit Court 2nd District; LC Case#: CR97122; Ruling Date: 08/04/1998; Ruling Judge: George Carlson, Jr.; Majority Opinion: Bridges, J. Disposition: On Motion for Rehearing, the original opinion is withdrawn and this opinion is substituted. The judgment of the Circuit Court of Panola County of conviction of Count II burglary, Count III aggravated assault, Count IV aggravated assault and sentence on Count II of seven years to run concurrently with the sentence in Count III; sentence of twenty years on Count III to run consecutively with the sentence imposed in Harrison County Case #B2401-96- 00329; and sentence of twenty years on Count IV to run concurrently with the sentences imposed in Counts III and II all in the custody of the Mississippi Department of Corrections is affirmed. Panola County taxed with costs of appeal. Votes: Lee, J., Moore, J., Payne, J., Concur. Irving, J., Concurs in result only. Myers, J., Not Participating. Dissenting Opinion: McMillin, C.J. Votes: King, P.J., Southwick, P.J., Thomas, J., Join. Disposition: Motion for Rehearing is granted. McMillin, C.J., King and Southwick, P.JJ., and Thomas, J., would not grant. Myers, J., not participating.


EN BANC
XX 1999-CA-00613-COA

Nix, Shayna R. v. Carlo C. Nix, III Rankin Chancery Court; LC Case#: 44313; Ruling Date: 03/05/1999; Ruling Judge: Thomas Zebert; Majority Opinion: McMillin, C.J. Disposition: The judgment of the Chancery Court of Rankin County is affirmed. Appellant taxed with costs of appeal. Votes: Southwick, P.J., Irving, J., Moore, J., Thomas, J., Concur. Bridges, J., Lee, J., Myers, J., Not Participating. Dissenting Opinion: King, P.J. Votes: Payne, J., Joins.


EN BANC
X 1999-CA-01159-COA

Young, Arnold Lee v. Johnnie Hamaker Deaton f/k/a Johnnie Hamaker Young Hinds Chancery Court 2nd District; LC Case#: G97117; Ruling Date: 06/14/1999; Ruling Judge: William Singletary; Majority Opinion Part 1: Payne, J. Disposition: The judgment of the Chancery Court of Hinds County is affirmed as to Issue I and reversed and rendered as to Issue II. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Irving, J., Lee, J., Moore, J., Thomas, J., Concur. Myers, J., Not Participating. Majority Opinion Part 2: McMillin, C.J. Disposition: Appellant and Appellee taxed with costs of appeal. Votes: Southwick, P.J., Bridges, J., Irving, J., Lee, J., Moore, J., Thomas, J., Concur. King, P.J., Payne, J., Dissents Without Separate Written Opinion. Myers, J., Not Participating.