09/16/2003 - Hand Down and published opinions in WordPerfect/ZIP format

Myers, William H.
XX  2002-CA-00810-COA

Milton D. Concannon, M.D. v. Donis Reynolds; Pike Circuit Court; LC Case #: 98-0053-B; Ruling Date: 04/19/2002; Ruling Judge: Mike Smith; Majority Opinion: Myers, J. Disposition: The judgment of the Circuit Court of Pike County is affirmed. Statutory damages and interest are awarded. All costs of this appeal are assessed to the appellant. Votes: King, P.J., Bridges, Thomas, Lee, Irving and Chandler, JJ., concur. Dissenting Opinion: Griffis, J. Votes: McMillin, C.J. and Southwick, P.J., join this opinion.

James E. Jefferson v. State of Mississippi; Grenada Circuit Court; LC Case #: 2002-0186-CVM; Ruling Date: 05/24/2002; Ruling Judge: C. Morgan, III; Majority Opinion: Irving, J. Disposition: The judgment of the Grenada County Circuit Court denying post-conviction relief is affirmed. All costs of this appeal are assessed to Grenada County. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Myers, Chandler and Griffis, JJ., concur.

Terrance Bindon v. State of Mississippi; Adams Circuit Court; LC Case #: 01-KR-0054-J; Ruling Date: 03/26/2002; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: Lee, J. Disposition: The judgment of the Adams County Circuit Court of conviction of possession of cocaine and enhanced sentence of sixteen years in the custody of the Mississippi Department of Corrections as an habitual offender is affirmed. Costs of this appeal are taxed to the appellant. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Irving, Myers, Chandler and Griffis, JJ., concur.

Wilbert Myles v. State of Mississippi; Hancock Circuit Court; LC Case #: 2301-01-0147; Ruling Date: 05/06/2002; Ruling Judge: Stephen Simpson; Majority Opinion: Lee, J. Disposition: The judgment of the Hancock County Circuit Court of conviction of grand larceny and sentence of five years in the custody of the Mississippi Department of Corrections with three years suspended, and three years' probation is affirmed. Costs of this appeal are assessed to the appellant. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Irving, Myers, Chandler and Griffis, JJ., concur.

Jennie S. Craft v. Millcreek Rehabilitation Center and Argonaut Insurance Company; Simpson Circuit Court; LC Case #: 2002-184; Ruling Date: 06/28/2002; Ruling Judge: Robert Evans; Majority Opinion: Thomas, J. Disposition: The judgment of the Circuit Court of Simpson County is affirmed. All costs of this appeal are assessed to the appellant. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Lee, Irving, Myers, Chandler and Griffis, JJ., concur.

James Joseph Broderick v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 171-01; Ruling Date: 03/29/2002; Ruling Judge: Larry Roberts; Majority Opinion: Bridges, J. Disposition: The judgment of the Lauderdale County Circuit Court of conviction of Counts II and III, lustful touching of child and sentence of fifteen years and a fine of $1,000 on each Count; Counts IV and V, sexual battery, and sentence of fifteen years on each Count with Counts II and IV to run concurrently to each other and Counts III and V to run concurrently to each other with the sentences in Counts II and IV to run consecutively to the sentences in Counts III and V is affirmed. The costs of this appeal are assessed to Lauderdale County. Votes: McMillin, C.J., King and Southwick, P.JJ., Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ., concur.

In the Matter of the Estate of Mary M. Pigg, Deceased: Earl J. McClendon, Individually, and as Executor v. David L. McClendon, Hugh I. McClendon, Myrtis M. Doyle and Sharon M. Wheetley; Washington Chancery Court; LC Case #: 200670; Ruling Date: 06/03/2002; Ruling Judge: Ceola James; Majority Opinion: Southwick, P.J. Disposition: The judgment of the Chancery Court of Washington County is reversed, the will is found to be valid and is admitted to probate. The cause is remanded for further proceedings consistent with this opinion. Costs of this appeal are assessed to the appellees. Votes: McMillin, C.J., King, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ., concur.

Kobely Clark a/k/a Koberly D. Clarke a/k/a Koberly Donnell Clark v. State of Mississippi; Clarke Circuit Court; LC Case #: 2001-CR-92; Ruling Date: 02/22/2002; Ruling Judge: Robert Bailey; Majority Opinion: King, P.J. Disposition: The judgment of the Circuit Court of Clarke County of conviction of possession of marijuana with intent to distribute and sentence of twenty-five years in the custody of the Mississippi Department of Corrections and fine of $5,000 is affirmed. All costs of this appeal are assessed to Clarke County. Votes: McMillin, C.J., Southwick, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ., concur.

Timothy Hogan v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2001-0096; Ruling Date: 02/20/2002; Ruling Judge: Larry Lewis; Majority Opinion: McMillin, C.J. Disposition: The judgment of the Circuit Court of Coahoma County of conviction of Count I taking possession of or taking away a motor vehicle and sentence of two years with three years of post-release supervision to run consecutively to sentences in Counts II and III; Count II aggravated assault on a law enforcement officer and sentence of fifteen years to run consecutively to any other sentence previously imposed, and Count III aggravated assault on a law enforcement officer and sentence of fifteen years to run concurrently with sentence in Count I, all in the custody of the Mississippi Department of Corrections, and order to make full restitution to victims is affirmed. All costs of this appeal are assessed to Coahoma County. Votes: King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ., concur.

Tracy Harris v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 99-35 CR 2; Ruling Date: 06/11/1999; Ruling Judge: John Hatcher; Majority Opinion: Bridges, J. Disposition: The judgment of the Bolivar County Circuit Court of conviction of murder and sentence of life in the custody of the Mississippi Department of Corrections, to run consecutively to any and all sentences previously imposed, is affirmed. All costs of this appeal are assessed to Bolivar County. Votes: Thomas, Lee, Myers, Chandler and Griffis, JJ., concur. Dissenting Opinion: King, P.J. Votes: Irving, J., joins this opinion. Dissenting Opinion: Southwick, P.J. Votes: McMillin, C.J., joins this opinion.