Hand Down Lists
September 17, 1996
Leslie D. King, J.
93-KA-01327-COA
Seales, Tywasika v. State of Mississippi
Appeal No. 8246 from Judgment dated NOVEMBER 10, 1993, Neshoba County Circuit Court; The judgment of the Neshoba County Circuit Court of conviction of possession of cocaine and sentence of two years in the custody of the Mississippi Department of Corrections is hereby affirmed. All costs of this appeal are taxed to the appellant.
Thomas A. Coleman, J.
94-CA-00586-COA
Arkansas River Company v. SCF Transportation, Inc
Appeal No. 9212465 from Judgment dated MAY 16, 1994, Washington County Circuit Court; DISPOSITION - Appellee's Motion for additional time within which to file a response to the motion for rehearing granted. Response due by September 9, 1996. Order entered.
PER CURIAM
94-KA-00318-COA
Alvarado, Jr., Marcos v. State of Mississippi
Appeal No. 937970 from Judgment dated MARCH 25, 1994, Harrison County Circuit Court, Second Judicial District; DISPOSITION - Appellant's Motion for stay of proceedings before the Court of Appeals dismissed as moot and the mandate of this Court is ordered issued. Order entered. DISPOSITION - Appellant's Motion for permission to proceed in the trial court dismissed as moot and the mandate of this Court is ordered issued. Order entered.
John J. Fraiser, Jr., C.J.
93-KA-00649-COA
Forshee, Leon v. State of Mississippi
Appeal No. 12921 from Judgment dated MAY 06, 1993, Monroe County Circuit Court; DISPOSITION - Forshee's motion for additional time within which to file a motion for rehearing granted. Motion due by September 17, 1996. No further extensions will be granted. Order entered.
EN BANC
95-CA-00403-COA
Helbert, Rachell E., by and through her Mother and Next Friend, Lois Helbert v. Big B, Inc.
Appeal No. 9400064 from Judgment dated APRIL 07, 1995, Harrison County Circuit Court, First Judicial District; The judgment of the Harrison County Circuit Court granting summary judgment to Big B is affirmed. Costs are taxed to appellant. Thomas, P.J., not participating.
Roger H. McMillin, Jr., J.
93-CA-01280-COA
Twiner, Cathie Franklin, Doyle Bratton and Norma Jean Gibbs v. Norman Gillis, Jr.
Appeal No. 35474 from Judgment dated SEPTEMBER 17, 1993, Pike County Chancery Court; DISPOSITION - Motion for Rehearing denied. Order entered. Payne and Southwick, JJ., not participating.
Roger H. McMillin, Jr., J.
93-KA-00676-COA
Brewer, III, Herbert L. v. State of Mississippi
Appeal No. 92034 from Judgment dated JUNE 07, 1993, Lee County Circuit Court; The judgment of the Circuit Court of Lee County of conviction of the unlawful possession of explosive devices and sentence of four (4) years in the custody of the Mississippi Department of Corrections is affirmed. Costs are assessed to the appellant. McMillin, J., Fraiser, C.J., Bridges, P.J., Payne and Southwick, JJ., concur. Diaz, J., dissents with separate written opinion joined by Thomas, P.J., Barber, Coleman, and King, JJ.
Frank D. Barber, J.
95-CA-01045-COA
Hallman (Card), Stephanie v. Ricky Hallman
Appeal No. 39609 from Judgment dated AUGUST 30, 1995, Washington County Chancery Court; The judgment of the Washington County Chancery Court is reversed and remanded for proceedings consistent with this opinion. Costs of this appeal are taxed to appellee. Bridges, P.J., dissents with separate written opinion joined by Thomas, P.J.
Frank D. Barber, J.
95-CC-00476-COA
Jackson Industrial Uniform Service Company, Inc., Mississippi Manufacturers' Association Workers' Compensation Group and Adjustco, Inc. v. Marascalco Distributing Company, Inc. and Mississippi United Business Association Self-Insured Group and Warren Christopher Clark
Appeal No. 940266 from Judgment dated APRIL 07, 1995, Grenada County Circuit Court; The judgment of the Circuit Court of Grenada County is reversed, and the order of the Mississippi Workers' Compensation Commission is reinstated and affirmed. All costs of this appeal are assessed equally between the appellant/employer and the appellee/employer and their carriers.
Frank D. Barber, J.
94-CA-00853-COA
Flowers, Thomas Lamar v. Pamela Lewis Flowers
Appeal No. 37535 from Judgment dated JULY 29, 1994, Rankin County Chancery Court; The judgment of the Rankin County Chancery Court is affirmed. Costs are assessed to the appellant. Coleman, J., dissents in part with separate written opinion joined by Diaz and Southwick, JJ. Bridges, P.J., not participating. DISPOSITION - Appellant's Motion to strike granted. Order entered
Frank D. Barber, J.
92-KA-01170-COA
Rogers, Peter Shane v. State of Mississippi
Appeal No. CR91218BD from Judgment dated JUNE 05, 1992, DeSoto County Circuit Court; The judgment of the DeSoto County Circuit Court of conviction of murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections is affirmed. Sentence shall run consecutive to sentence Rogers is now serving in Cause No. 5107. Costs are assessed against DeSoto County.
Billy G. Bridges, P. J.
94-CA-01141-COA
Henderson, Howard Hugh v. Mary K. Lawson Henderson
Appeal No. 032416 from Judgment dated OCTOBER 12, 1994, Madison County Chancery Court; The judgment of the Chancery Court of Madison County is affirmed in part and reversed and rendered in part. All costs of this appeal are assessed equally between the appellant and the appellee. Payne, J., concurs in part and dissents in part joined by Barber, J. Southwick, J., not participating. Appellee's Motion for attorney's fees denied. Order entered.
Thomas A. Coleman, J.
95-KA-00667-COA
Butler, Terry v. State of Mississippi
Appeal No. 94476 from Judgment dated MAY 18, 1995, Hinds County Circuit Court, First Judicial District; The Hinds County Circuit Court's judgment of the appellant's guilt of the crime of manslaughter and its sentence to a term of twenty years in the custody of the Mississippi Department of Corrections are affirmed. Costs are assessed to Hinds County.
Thomas A. Coleman, J.
92-KA-01114-COA
Calcote, David James v. State of Mississippi
Appeal No. 26859 from Judgment dated OCTOBER 15, 1992, Harrison County Circuit Court, First Judicial District; The Harrison County Circuit Court's judgment of the appellant's guilt of the crime of burglary of a dwelling and its sentence to a term of ten years in the custody of the Mississippi Department of Corrections as an habitual offender without the hope of parole or probation are affirmed. Costs are assessed to Harrison County. Thomas, P.J., not participating.
Leslie D. King, J.
94-CA-00947-COA
Bland, Paul v. Sheila McCord
Appeal No. 26479 from Judgment dated SEPTEMBER 01, 1994, Alcorn County Chancery Court; (consolidated with) 94-CA-01158-COA Paul Bland v. Sheila McCord; Appeal No. 26479 from Judgment dated OCTOBER 14, 1994, Alcorn County Chancery Court; The judgment of the Alcorn County Chancery Court is affirmed in part and reversed in part. Costs of this appeal are taxed one-half to the appellant and one-half to the appellee. Payne, J., concurs in part and dissents in part with separate written opinion, joined
by Barber, J. McMillin, J., not participating.
James E. Thomas, P.J.
93-CA-01287-COA
Bell, Bernice v. Randall Barber and Janie Barber
Appeal No. CI922CT from Judgment dated OCTOBER 27, 1993, Tate County Circuit Court; The judgment of the Tate County Circuit Court is affirmed. Costs of appeal are taxed to the appellant.
Leslie D. King, J.
92-KA-00842-COA
Bell, LeMario v. State of Mississippi
Appeal No. 91312 from Judgment dated MAY 15, 1992, Hinds County Circuit Court, First Judicial District; The judgment of the Hinds County Circuit Court of conviction of murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections is hereby affirmed. All costs of this appeal are taxed to Hinds County.
Leslie D. King, J.
94-CA-01276-COA
Dunson, Minnie Ferguson as next of kin of Roman S. Ferguson, Deceased v. EMED Co., Inc.
Appeal No. 14528 from Judgment dated OCTOBER 31, 1994, Winston County Circuit Court; The judgment of the Circuit Court of Winston County is affirmed. Appellant is taxed with all costs of this appeal.
Oliver E. Diaz, Jr., J.
Roger H. McMillin, Jr., J.
93-KA-01297-COA
Albanese, Andrew Anthony v. State of Mississippi
Appeal No. 27358 from Judgment dated SEPTEMBER 08, 1993, Harrison County Circuit Court, First Judicial District; The judgment of the Harrison County Circuit Court finding Andrew Anthony Albanese guilty of the crime of interstate removal of a child under the age of fourteen by a noncustodial parent or relative in violation of Section 97-3-51 of the Mississippi Code and sentence of three years in the custody of the Mississippi Department of Corrections as a habitual offender is affirmed. Costs of this appeal are assessed to Harrison County. Thomas, P.J., and Payne, J., not participating.
Roger H. McMillin, Jr., J.
93-KA-00683-COA
Simmons, Jr., Robert v. State of Mississippi
Appeal No. 8108 from Judgment dated FEBRUARY 22, 1993, Coahoma County Circuit Court; The judgment of the Coahoma County Circuit Court finding Robert Simmons guilty of the crime of rape of a female under the age of fourteen and sentence of life in the custody of the Mississippi Department of Corrections is affirmed. Costs of this appeal are assessed to Coahoma County.
Roger H. McMillin, Jr., J.
93-KA-00432-COA
Hunt, Jefferson Bennie v. State of Mississippi
Appeal No. 13987 from Judgment dated APRIL 09, 1993, Pike County Circuit Court; The judgment of the Circuit Court of Pike County finding Bennie Jefferson Hunt guilty of the crime of aggravated assault and sentence of fifteen years in the custody of the Mississippi Department of Corrections with eight years to serve and seven years suspended followed by five years probation, and to pay restitution is affirmed. Costs of this appeal are assessed to appellant.
Mary Libby Payne, J.
94-CA-01099-COA
Wooten, Ella Louise Stewart v. Department of Human Services, State of Mississippi
Appeal No. 142602 from Judgment dated OCTOBER 03, 1994, Hinds County Chancery Court, First Judicial District; The judgment of the Hinds County Chancery Court is affirmed. Statutory damages and interest are to be assessed against the appellant. All costs of this appeal are assessed to the appellant. DISPOSITION - Appellee's motion to dismiss appeal dismissed as moot. Order entered.
Mary Libby Payne, J.
93-KA-01031-COA
Hemphill, Melvin v. State of Mississippi
Appeal No. 2155 from Judgment dated SEPTEMBER 01, 1993, Choctaw County Circuit Court; The judgment of the Circuit Court of Choctaw County of conviction of manslaughter, culpable negligence, and sentence to serve fourteen years in the custody of the Mississippi Department of Corrections is affirmed. Sentence imposed in this cause shall run consecutively to any previous sentence. All costs of this appeal are taxed to appellant. DISPOSITION - State's Motion to strike granted. Appellant's response stricken. Orders entered.
Leslie H. Southwick, J.
93-KA-01271-COA
Dalil, Sarah P. v. State of Mississippi
Appeal No. 10341 from Judgment dated MARCH 13, 1992, Sunflower County Circuit Court; The judgment of the Sunflower County Circuit Court of conviction of murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are taxed to Sunflower County.
Leslie H. Southwick, J.
93-KA-01089-COA
Miles, Bryant v. State of Mississippi
Appeal No. 8077 from Judgment dated AUGUST 10, 1993, Coahoma County Circuit Court; The judgment of the Circuit Court of Coahoma County of conviction of possession of cocaine and sentence as a habitual offender of life imprisonment is affirmed. Sentence imposed shall run consecutively to any and all sentences previously imposed. All costs of this appeal are taxed to Coahoma County.
Leslie H. Southwick, J.
93-KA-00908-COA
Martin, Jr., Billy v. State of Mississippi
Appeal No. 9310614 from Judgment dated JULY 09, 1993, Sunflower County Circuit Court; The judgment of the Circuit Court of Sunflower County is affirmed as to the conviction of vehicular homicide, but is reversed as to sentencing and remanded for resentencing. All costs are assessed to Sunflower County.
Leslie H. Southwick, J.
93-KA-00431-COA
McLaughlin, Jr., Raymond v. State of Mississippi
Appeal No. 15860 from Judgment dated MARCH 10, 1993, Forrest County Circuit Court; The judgment of conviction of the Forrest County Circuit Court of uttering and sentence of fifteen (15) years in the custody of the Mississippi Department of Corrections, without parole as a habitual offender, is affirmed. All costs of this appeal are taxed to Forrest County.
Leslie H. Southwick, J.
92-KA-01204-COA
Rowe, James v. State of Mississippi
Appeal No. 2722 from Judgment dated OCTOBER 22, 1992, Tunica County Circuit Court; The judgment of the Tunica County Circuit Court of conviction of rape: carnal knowledge of child under 14 years old and sentence of life in the custody of the Mississippi Department of Corrections is affirmed. Sentence shall run consecutively to any and all sentences previously imposed. All costs of this appeal are taxed to Tunica County.
James E. Thomas, P.J.
95-KA-00347-COA
Gandy, Fredrick v. State of Mississippi
Appeal No. 8666 from Judgment dated FEBRUARY 03, 1995, Wayne County Circuit Court; The judgment of the Circuit Court of Wayne County of conviction of delivery of cocaine and sentence of thirty (30) years in the Mississippi Department of Corrections, plus paying a $10,000 fine, is affirmed. This sentence to run consecutively to any other sentence Gandy is now serving. Costs are taxed to Wayne County.
James E. Thomas, P.J.
93-KA-01417-COA
Jackson, Robert Wayne v. State of Mississippi
Appeal No. 3779A from Judgment dated JANUARY 14, 1994, Rankin County Circuit Court; The judgment of the Rankin County Circuit Court of conviction of possession of marijuana of more than an ounce but less than a kilogram and sentence of three years in the custody of the Mississippi Department of Corrections is affirmed. Costs are taxed to appellant. Bridges, P. J., not participating.
Thomas A. Coleman, J.
94-KA-01044-COA
Hall, Jasper v. State of Mississippi
Appeal No. 9310680 from Judgment dated SEPTEMBER 15, 1994, Sunflower County Circuit Court; The Sunflower County Circuit Court's judgment of the appellant's guilt of two counts of capital rape and its sentences to serve a life term on each count of capital rape in the Mississippi Department of Corrections, each of which life terms is to run concurrently with the other but consecutively to an earlier sentence for which Hall's probation was revoked, are affirmed. Costs of this appeal are assessed to appellant.
Leslie H. Southwick, J.
93-CA-01037-COA
Dawkins & Company v. L & L Planting Company, James P. Love, Jr., The Estate of J. P. Love, The Estate of Clyde Gosnell, Love & Love Farms, Inc., J. P. L. Farms, Inc. and Gosnell Farms, Inc.
Appeal No. 9184 from Judgment dated AUGUST 24, 1993, Holmes County Circuit Court; The judgment of the Holmes County Circuit Court is affirmed and all costs of this appeal are taxed to the appellant.